I
111th CONGRESS
2d Session
H. R. 2701
IN THE HOUSE OF REPRESENTATIVES
AN ACT
To authorize appropriations for fiscal year 2010 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.
Short title; table of contents
Short title
This Act may be cited as the Intelligence Authorization Act for Fiscal Year 2010
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Title I—BUDGET AND PERSONNEL AUTHORIZATIONS
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Prohibition on earmarks.
Sec. 106. Restriction on conduct of intelligence activities.
Title II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
Title III—GENERAL INTELLIGENCE COMMUNITY MATTERS
Subtitle A—Personnel Matters
Sec. 301. Increase in employee compensation and benefits authorized by law.
Sec. 302. Temporary appointment to fill vacancies in Presidentially appointed and Senate confirmed positions in the Office of the Director of National Intelligence.
Sec. 303. Enhanced flexibility in nonreimbursable details to elements of the intelligence community.
Sec. 304. Provisions relating to the Defense Civilian Intelligence Personnel System.
Sec. 305. Conflict of interest regulations and prohibition on certain outside employment for intelligence community employees.
Subtitle B—Education
Sec. 311. Permanent authorization for the Pat Roberts Intelligence Scholars Program.
Sec. 312. Intelligence officer training program.
Sec. 313. Modifications to the Stokes educational scholarship program.
Sec. 314. Pilot program for intensive language instruction in African languages.
Subtitle C—Congressional Oversight of Covert Actions
Sec. 321. Reporting on covert actions.
Subtitle D—Reports and Other Congressional Oversight
Sec. 331. Report on financial intelligence on terrorist assets.
Sec. 332. Annual personnel level assessments for the intelligence community.
Sec. 333. Semiannual reports on nuclear weapons programs of Iran, Syria, and North Korea.
Sec. 334. Report on foreign language proficiency in the intelligence community.
Sec. 335. Government Accountability Office audits and investigations.
Sec. 336. Certification of compliance with oversight requirements.
Sec. 337. Reports on foreign industrial espionage.
Sec. 338. Report on intelligence community contractors.
Sec. 339. Report on transformation of the intelligence capabilities of the Federal Bureau of Investigation.
Sec. 340. Report on intelligence resources dedicated to Iraq and Afghanistan.
Sec. 341. Report on international traffic in arms regulations.
Sec. 342. Report on nuclear trafficking.
Sec. 343. Study on revoking pensions of persons who commit unauthorized disclosures of classified information.
Sec. 344. Study on electronic waste destruction practices of the intelligence community.
Sec. 345. Report on retirement benefits for former employees of Air America.
Sec. 346. Study on college tuition programs for employees of the intelligence community.
Sec. 347. Report on global supply chain vulnerabilities.
Sec. 348. Review of records relating to potential health risks among Desert Storm veterans.
Sec. 349. Federal Bureau of Investigation field office supervisory term limit policy.
Sec. 350. Summary of intelligence relating to terrorist recidivism of detainees held at United States Naval Station, Guantanamo Bay, Cuba.
Sec. 351. Summary of intelligence on Uighur detainees held at United States Naval Station, Guantanamo Bay, Cuba.
Sec. 352. Report on interrogation research and training.
Sec. 353. Report on plans to increase diversity within the intelligence community.
Sec. 354. Review of Federal Bureau of Investigation exercise of enforcement jurisdiction in foreign nations.
Sec. 355. Public release of information on procedures used in narcotics airbridge denial program in Peru.
Sec. 356. Cybersecurity oversight.
Sec. 357. Reiteration of requirement to submit report on terrorism financing.
Sec. 358. Report on questioning and detention of suspected terrorists.
Sec. 359. Report on dissemination of counterterrorism information to local law enforcement agencies.
Sec. 360. Report on intelligence capabilities of State and local law enforcement agencies.
Sec. 360A. Inspector General report on over-classification.
Sec. 360B. Report on threat from dirty bombs.
Sec. 360C. Report on activities of the intelligence community in Argentina.
Sec. 360D. Report on National Security Agency strategy to protect Department of Defense networks.
Sec. 360E. Report on creation of space intelligence office.
Sec. 360F. Plan to secure networks of the intelligence community.
Sec. 360G. Report on missile arsenal of Iran.
Sec. 360H. Study on best practices of foreign governments in combating violent domestic extremism.
Sec. 360I. Report on information sharing practices of joint terrorism task force.
Sec. 360J. Report on technology to enable information sharing.
Sec. 360K. Report on threats to energy security of the United States.
Sec. 360L. Report on attempt to detonate explosive device on Northwest Airlines flight 253.
Sec. 360M. Repeal of certain reporting requirements.
Sec. 360N. Incorporation of reporting requirements.
Sec. 360O. Conforming amendments.
Subtitle E—Other Matters
Sec. 361. Modification of availability of funds for different intelligence activities.
Sec. 362. Protection of certain national security information.
Sec. 363. Extension of authority to delete information about receipt and disposition of foreign gifts and decorations.
Sec. 364. Exemption of dissemination of terrorist identity information from Freedom of Information Act.
Sec. 365. Misuse of the intelligence community and Office of the Director of National Intelligence name, initials, or seal.
Sec. 366. Security clearances: reports; ombudsman; reciprocity.
Sec. 367. Limitation on use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.
Sec. 368. Intelligence community financial improvement and audit readiness.
Sec. 369. Sense of Congress on monitoring of northern border of the United States.
Title IV—MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A—Office of the Director of National Intelligence
Sec. 401. Clarification of limitation on colocation of the Office of the Director of National Intelligence.
Sec. 402. Membership of the Director of National Intelligence on the Transportation Security Oversight Board.
Sec. 403. Additional duties of the Director of Science and Technology.
Sec. 404. Plan to implement recommendations of the data center energy efficiency reports.
Sec. 405. Title of Chief Information Officer of the Intelligence Community.
Sec. 406. Inspector General of the Intelligence Community.
Sec. 407. Director of National Intelligence support for reviews of International Traffic in Arms Regulations and Export Administration Regulations.
Subtitle B—Central Intelligence Agency
Sec. 411. Review of covert action programs by Inspector General of the Central Intelligence Agency.
Sec. 412. Prohibition on the use of private contractors for interrogations involving persons in the custody of the Central Intelligence Agency.
Sec. 413. Appeals from decisions of Central Intelligence Agency contracting officers.
Sec. 414. Deputy Director of the Central Intelligence Agency.
Sec. 415. Protection against reprisals.
Sec. 416. Requirement for video recording of interrogations of persons in the custody of the Central Intelligence Agency.
Subtitle C—Other Elements
Sec. 421. Homeland Security intelligence elements.
Sec. 422. Clarification of inclusion of Drug Enforcement Administration as an element of the intelligence community.
Sec. 423. Repeal of certain authorities relating to the Office of the National Counterintelligence Executive.
Sec. 424. Confirmation of appointment of heads of certain components of the intelligence community.
Sec. 425. Associate Director of the National Security Agency for Compliance and Training.
Sec. 426. Charter for the National Reconnaissance Office.
Title V—OTHER MATTERS
Subtitle A—General Intelligence Matters
Sec. 501. Extension of National Commission for the Review of the Research and Development Programs of the United States Intelligence Community.
Sec. 502. Classification review of executive branch materials in the possession of the congressional intelligence committees.
Sec. 503. Prohibition on use of funds to provide Miranda warnings to certain persons outside of the United States.
Sec. 504. Sense of Congress honoring the contributions of the Central Intelligence Agency.
Sec. 505. Review of intelligence to determine if foreign connection to anthrax attacks exists.
Sec. 505. Cybersecurity task force.
Subtitle B—Technical Amendments
Sec. 511. Technical amendments to the Central Intelligence Agency Act of 1949.
Sec. 512. Technical amendment to mandatory retirement provision of Central Intelligence Agency Retirement Act.
Sec. 513. Technical amendments to the Executive Schedule.
Sec. 514. Technical amendments to the Foreign Intelligence Surveillance Act of 1978.
Sec. 515. Technical amendments to section 105 of the Intelligence Authorization Act for Fiscal Year 2004.
Sec. 516. Technical amendments to the Intelligence Reform and Terrorism Prevention Act of 2004.
Sec. 517. Technical amendments relating to the multiyear National Intelligence Program.
Sec. 518. Technical amendments to the National Security Act of 1947.
Sec. 519. Technical amendments to title 10, United States Code.
Definitions
In this Act:
Congressional intelligence committees
The term congressional intelligence committees means—
the Permanent Select Committee on Intelligence of the House of Representatives; and
the Select Committee on Intelligence of the Senate.
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)).
BUDGET AND PERSONNEL AUTHORIZATIONS
Authorization of appropriations
Funds are hereby authorized to be appropriated for fiscal year 2010 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government:
The Office of the Director of National Intelligence.
The Central Intelligence Agency.
The Department of Defense.
The Defense Intelligence Agency.
The National Security Agency.
The Department of the Army, the Department of the Navy, and the Department of the Air Force.
The Coast Guard.
The Department of State.
The Department of the Treasury.
The Department of Energy.
The Department of Justice.
The Federal Bureau of Investigation.
The Drug Enforcement Administration.
The National Reconnaissance Office.
The National Geospatial-Intelligence Agency.
The Department of Homeland Security.
Classified Schedule of Authorizations
Specifications of amounts and personnel levels
The amounts authorized to be appropriated under section 101 and, subject to section 103, the authorized personnel ceilings as of September 30, 2010, for the conduct of the intelligence activities of the elements listed in paragraphs (1) through (16) of section 101, are those specified in the classified Schedule of Authorizations prepared to accompany the bill H.R. 2701 of the One Hundred Eleventh Congress.
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.
Personnel ceiling adjustments
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 2010 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 3 percent of the number of civilian personnel authorized under such Schedule for such element.
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).
Intelligence Community Management Account
Authorization of appropriations
There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2010 the sum of $643,252,000. Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for advanced research and development shall remain available until September 30, 2011.
Authorized personnel levels
The elements within the Intelligence Community Management Account of the Director of National Intelligence are authorized 853 full-time or full-time equivalent personnel as of September 30, 2010. Personnel serving in such elements may be permanent employees of the Office of the Director of National Intelligence or personnel detailed from other elements of the United States Government.
Construction of Authorities
The authorities available to the Director of National Intelligence under section 103 are also available to the Director for the adjustment of personnel levels within the Intelligence Community Management Account.
Classified authorizations
Authorization of appropriations
In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Community Management Account for fiscal year 2010 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). Such additional amounts for advanced research and development shall remain available until September 30, 2011.
Authorization of personnel
In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30, 2010, there are authorized such additional 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).
Prohibition on earmarks
In general
Nothing in the classified Schedule of Authorizations, a report of the Permanent Select Committee on Intelligence of the House of Representatives or the Select Committee on Intelligence of the Senate to accompany the bill H.R. 2701 of the One Hundred Eleventh Congress, a joint statement of the managers accompanying a conference report on such bill, or the classified annex to this Act, shall be construed to authorize or require the expenditure of funds for a congressional earmark.
Congressional earmark defined
In this section, the term congressional earmark means a provision or report language included primarily at the request of a Member, Delegate, or Resident Commissioner of the House of Representatives or a Senator providing, authorizing, or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality, or congressional district, other than through a statutory or administrative formula-driven or competitive award process.
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.
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Authorization of appropriations
There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2010 the sum of $290,900,000.
GENERAL INTELLIGENCE COMMUNITY MATTERS
Personnel Matters
Increase in employee compensation and benefits authorized by law
Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.
Temporary appointment to fill vacancies in Presidentially appointed and Senate confirmed positions in the Office of the Director of National Intelligence
Section 103 of the National Security Act of 1947 (50 U.S.C. 403–3) is amended by—
redesignating subsection (e) as subsection (f); and
inserting after subsection (d) the following new subsection:
Temporary appointment to fill vacancies
Notwithstanding section 3345 of title 5, United States Code, if an officer of the Office of the Director of National Intelligence, other than the Director of National Intelligence, whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is unable to perform the functions and duties of the office—
if during the 365-day period immediately preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, the person serving as the first assistant to the office of such officer served as such first assistant for not less than 90 days, such first assistant shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346 of title 5, United States Code;
notwithstanding paragraph (1), the President may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of such section 3346; or
notwithstanding paragraph (1), the Director of National Intelligence shall recommend to the President, and the President may direct, a person to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of such section 3346, if—
during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, such person served in a position in an element of the intelligence community for not less than 90 days;
the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule; and
in the case of a person who is employed by an element of the intelligence community—
the Director of National Intelligence shall consult with the head of such element; and
if the head of such element objects to the recommendation, the Director of National Intelligence may make the recommendation to the President over the objection of the head of such element after informing the President of such objection.
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Enhanced flexibility in nonreimbursable details to elements of the intelligence community
In general
Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by inserting after section 113 the following new section:
Detail of other personnel
Except as provided in section 904(g)(2) of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 402c(g)(2)) and section 113 of this Act, and notwithstanding any other provision of law, an officer or employee of the United States or member of the Armed Forces may be detailed to 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 2 years.
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Conforming amendment
The table of contents in the first section of such Act (50 U.S.C. 401 note) is amended by inserting after the item relating to section 113 the following new item:
Sec. 113A. Detail of other personnel.
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Provisions relating to the Defense Civilian Intelligence Personnel System
Definitions
For purposes of this section—
the term covered position means a defense intelligence position in the Department of Defense established under chapter 83 of title 10, United States Code, excluding an Intelligence Senior Level position designated under section 1607 of such title and any position in the Defense Intelligence Senior Executive Service;
the term DCIPS pay system, as used with respect to a covered position, means the provisions of the Defense Civilian Intelligence Personnel System under which the rate of salary or basic pay for such position is determined, excluding any provisions relating to bonuses, awards, or any other amounts not in the nature of salary or basic pay;
the term Defense Civilian Intelligence Personnel System means the personnel system established under chapter 83 of title 10, United States Code; and
the term appropriate pay system, as used with respect to a covered position, means—
the system under which, as of September 30, 2007, the rate of salary or basic pay for such position was determined; or
if subparagraph (A) does not apply, the system under which, as of September 30, 2007, the rate of salary or basic pay was determined for the positions within the Department of Defense most similar to the position involved,
Requirement that appointments to covered positions after June 16, 2009, be subject to the appropriate pay system
Notwithstanding any other provision of law—
the DCIPS pay system—
shall not apply to any individual holding a covered position who is not subject to such system as of June 16, 2009; and
shall not apply to any covered position which is not subject to such system as of June 16, 2009; and
any individual who, after June 16, 2009, is appointed to a covered position shall accordingly be subject to the appropriate pay system.
Termination of DCIPS pay system for covered positions and conversion of employees holding covered positions to the appropriate pay system
In general
The Secretary of Defense shall take all actions which may be necessary to provide, within 12 months after the date of enactment of this Act, for the termination of the DCIPS pay system with respect to covered positions and for the conversion of any employees holding any covered positions which, as of such date of enactment, remain subject to the DCIPS pay system, to the appropriate pay system. No employee shall suffer any loss of or decrease in pay because of the preceding sentence.
Report
If the Secretary of Defense is of the view that the DCIPS pay system should not be terminated with respect to covered positions, as required by paragraph (1), the Secretary shall submit to the President and both Houses of Congress as soon as practicable, but in no event later than 6 months after the date of the enactment of this Act, a written report setting forth a statement of the Secretary’s views and the reasons therefor. Such report shall specifically include—
the Secretary’s opinion as to whether the DCIPS pay system should be continued, with or without changes, with respect to covered positions; and
if, in the opinion of the Secretary, the DCIPS pay system should be continued with respect to covered positions, with changes—
a detailed description of the proposed changes; and
a description of any administrative action or legislation which may be necessary.
Rule of construction
Nothing in this section shall be considered to affect—
the provisions of the Defense Civilian Intelligence Personnel System governing aspects of compensation apart from salary or basic pay; or
the application of such provisions with respect to a covered position or any individual holding a covered position, including after June 16, 2009.
Conflict of interest regulations and prohibition on certain outside employment for intelligence community employees
Conflict of interest regulations
Section 102A of the National Security Act of 1947 (50 U.S.C. 403–1) is amended by adding at the end the following new subsection:
Conflict of interest regulations
The Director of National Intelligence, in consultation with the Director of the Office of Government Ethics, shall issue regulations prohibiting an officer or employee of an element of the intelligence community from engaging in outside employment if such employment creates a conflict of interest or appearance thereof.
The Director of National Intelligence shall annually submit to the congressional intelligence committees a report describing all outside employment for officers and employees of elements of the intelligence community that was authorized by the head of an element of the intelligence community during the preceding calendar year. Such report shall be submitted each year on the date provided in section 507.
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Outside employment
Prohibition
Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by adding at the end the following new section:
Prohibition on certain outside employment of officers and employees of the intelligence community
An officer or employee of an element of the intelligence community may not personally own or effectively control an entity that markets or sells for profit the use of knowledge or skills that such officer or employee acquires or makes use of while carrying out the official duties of such officer or employee as an officer or employee of an element of the intelligence community.
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Conforming amendment
The table of contents in the first section of such Act (50 U.S.C. 401 note) is further amended by inserting after the item relating to section 119B the following new item:
Sec. 120. Prohibition on certain outside employment of officers and employees of the intelligence community.
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Education
Permanent authorization for the Pat Roberts Intelligence Scholars Program
Permanent authorization
Subtitle C of title X of the National Security Act of 1947 (50 U.S.C. 441m et seq.) is amended by adding at the end the following new section:
Program on recruitment and training of intelligence analysts
Program
The Director of National Intelligence shall carry out a program to ensure that selected students or former students are provided funds to continue academic training, or are reimbursed for academic training previously obtained, in areas of specialization that the Director, in consultation with the other heads of the elements of the intelligence community, identifies as areas in which the current capabilities of the intelligence community are deficient or in which future capabilities of the intelligence community are likely to be deficient.
A student or former student selected for participation in the program shall commit to employment with an element of the intelligence community, following completion of appropriate academic training, under such terms and conditions as the Director considers appropriate.
The program shall be known as the Pat Roberts Intelligence Scholars Program.
Elements
In carrying out the program under subsection (a), the Director shall—
establish such requirements relating to the academic training of participants as the Director considers appropriate to ensure that participants are prepared for employment as intelligence professionals; and
periodically review the areas of specialization of the elements of the intelligence community to determine the areas in which such elements are, or are likely to be, deficient in capabilities.
Use of funds
Funds made available for the program under subsection (a) shall be used to—
provide a monthly stipend for each month that a student is pursuing a course of study;
pay the full tuition of a student or former student for the completion of such course of study;
pay for books and materials that the student or former student requires or required to complete such course of study;
pay the expenses of the student or former student for travel requested by an element of the intelligence community in relation to such program; or
for such other purposes the Director considers appropriate to carry out such program.
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Conforming amendments
Table of contents
The table of contents in the first section of such Act (50 U.S.C. 401 note), as amended by section 303 of this Act, is further amended by inserting after the item relating to section 1021 the following new item:
Sec. 1022. Program on recruitment and training of intelligence analysts.
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Repeal of pilot program
Section 318 of the Intelligence Authorization Act for Fiscal Year 2004 (Public Law 108–177; 50 U.S.C. 441g note) is repealed.
Intelligence officer training program
Program
Subtitle C of title X of the National Security Act of 1947 (50 U.S.C. 441m et seq.), as amended by section 311 of this Act, is further amended by adding at the end the following new section:
Intelligence officer training program
Programs
The Director of National Intelligence may carry out grant programs in accordance with subsections (b) and (c) to enhance the recruitment and retention of an ethnically and culturally diverse intelligence community workforce with capabilities critical to the national security interests of the United States.
In carrying out paragraph (1), the Director of National Intelligence shall identify the skills necessary to meet current or emergent needs of the intelligence community and the educational disciplines that will provide individuals with such skills.
Institutional grant program
The Director of National Intelligence may provide grants to institutions of higher education to support the establishment or continued development of programs of study in educational disciplines identified under subsection (a)(2).
A grant provided under paragraph (1) may, with respect to the educational disciplines identified under subsection (a)(2), be used for the following purposes:
Curriculum or program development.
Faculty development.
Laboratory equipment or improvements.
Faculty research.
Grant program for historically black colleges and universities
The Director of National Intelligence may provide grants to historically black colleges and universities to provide programs of study in educational disciplines identified under subsection (a)(2) or described in paragraph (2).
A grant provided under paragraph (1) may be used to provide programs of study in the following educational disciplines:
Foreign languages, including Middle Eastern and South Asian dialects.
Computer science.
Analytical courses.
Cryptography.
Study abroad programs.
Application
An institution of higher education seeking a grant under this section shall submit an application describing the proposed use of the grant at such time and in such manner as the Director may require.
Reports
An institution of higher education that receives a grant under this section shall submit to the Director regular reports regarding the use of such grant, including—
a description of the benefits to students who participate in the course of study funded by such grant;
a description of the results and accomplishments related to such course of study; and
any other information that the Director may require.
Regulations
The Director of National Intelligence shall prescribe such regulations as may be necessary to carry out this section.
Definitions
In this section:
Institution of higher education
The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
Director
The term Director means the Director of National Intelligence.
Analytical Courses
The term analytical courses mean programs of study involving—
analytic methodologies, including advanced statistical, polling, econometric, mathematical, or geospatial modeling methodologies;
analysis of counterterrorism, crime, and counternarcotics;
economic analysis that includes analyzing and interpreting economic trends and developments;
medical and health analysis, including the assessment and analysis of global health issues, trends, and disease outbreaks;
political analysis, including political, social, cultural, and historical analysis to interpret foreign political systems and developments; or
psychology, psychiatry, or sociology courses that assess the psychological and social factors that influence world events.
Computer science
The term computer science means a program of study in computer systems, computer science, computer engineering, or hardware and software analysis, integration, and maintenance.
Cryptography
The term cryptography means a program of study on the conversion of data into a scrambled code that can be deciphered and sent across a public or private network, and the applications of such conversion of data.
Historically Black college and university
The term historically black college and university means an institution of higher education that is a part B institution, as such term is defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
Study abroad program
The term study abroad program means a program of study that—
takes places outside the geographical boundaries of the United States;
focuses on areas of the world that are critical to the national security interests of the United States and are generally underrepresented in study abroad programs at institutions of higher education, including Africa, Asia, Central and Eastern Europe, Eurasia, Latin American, and the Middle East; and
is a credit or noncredit program.
.
Repeal of duplicative provisions
In general
The following provisions of law are repealed:
Section 319 of the Intelligence Authorization Act for Fiscal Year 2004 (Public Law 108–177; 50 U.S.C. 403 note).
Section 1003 of the National Security Act of 1947 (50 U.S.C. 441g–2).
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).
Existing agreements
Notwithstanding the repeals made by paragraph (1), nothing in this subsection shall be construed to amend, modify, or abrogate any agreement, contract, or employment relationship that was in effect in relation to the provisions repealed under paragraph (1) on the day prior to the date of the enactment of this Act.
Conforming amendments
The table of contents in the first section of the National Security Act of 1947 (50 U.S.C. 401 note), as amended by section 311 of this Act, is further amended by—
striking the item relating to section 1003; and
inserting after the item relating to section 1022 the following new item:
Sec. 1023. Intelligence officer training program.
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Modifications to the Stokes educational scholarship program
Expansion of program to graduate students
Section 16 of the National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended—
in subsection (a)—
by striking undergraduate
and inserting undergraduate and graduate
; and
by striking the baccalaureate
and inserting a baccalaureate or graduate
; and
in subsection (e)(2), by striking undergraduate
and inserting undergraduate and graduate
.
Termination
Section 16(d)(1)(C) of such Act is amended by striking terminated either by
and all that follows and inserting the following:
terminated by—
the Agency due to misconduct by the person;
the person voluntarily; or
by the Agency for the failure of the person to maintain such level of academic standing in the educational course of training as the Director of the National Security Agency specifies in the agreement under this paragraph; and
.
Authority To withhold disclosure of affiliation with NSA
Section 16(e) of the National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended by striking (1) When an employee
and all that follows through (2) Agency efforts
and inserting Agency efforts
.
Other elements of the Intelligence Community
Authorization
Subtitle C of title X of the National Security Act of 1947 (50 U.S.C. 441g et seq.), as amended by section 312 of this Act, is further amended by adding at the end the following new section:
Stokes scholarship program
The head of an element of the intelligence community may establish an undergraduate and graduate training program with respect to civilian employees of such element in the same manner and under the same conditions as the Secretary of Defense is authorized to establish such a program under section 16 of the National Security Agency Act of 1959 (50 U.S.C. 402 note).
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Conforming amendment
The table of contents in the first section of such Act (50 U.S.C. 401 note), as amended by section 312 of this Act, is further amended by inserting after the item relating to section 1023 the following new item:
Sec. 1024. Stokes scholarship program.
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Pilot program for intensive language instruction in African languages
Establishment
The Director of National Intelligence, in consultation with the National Security Education Board established under section 803(a) of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1903(a)), may establish a pilot program for intensive language instruction in African languages.
Program
A pilot program established under subsection (a) shall provide scholarships for programs that provide intensive language instruction—
in any of the five highest priority African languages for which scholarships are not offered under such Act, as determined by the Director of National Intelligence; and
both in the United States and in a country in which the language is the native language of a significant portion of the population, as determined by the Director of National Intelligence.
Termination
A pilot program established in accordance with subsection (a) shall terminate on the date that is 5 years after the date on which such pilot program is established.
Authorization of appropriations
In general
There is authorized to be appropriated to carry out this section $2,000,000.
Availability
Funds authorized to be appropriated under paragraph (1) shall remain available until the termination of the pilot program in accordance with subsection (c).
Congressional Oversight of Covert Actions
Reporting on covert actions
General congressional oversight
Section 501(a) of the National Security Act of 1947 (50 U.S.C. 413(a)) is amended by adding at the end the following new paragraph:
In carrying out paragraph (1), the President shall provide to the congressional intelligence committees all information necessary to assess the lawfulness, effectiveness, cost, benefit, intelligence gain, budgetary authority, and risk of an intelligence activity, including—
the legal authority under which the intelligence activity is being or was conducted;
any specific operational concerns arising from the intelligence activity, including the risk of disclosing intelligence sources or methods;
the likelihood that the intelligence activity will exceed the planned or authorized expenditure of funds or other resources; and
the likelihood that the intelligence activity will fail.
.
Procedures
Section 501(c) of such Act (50 U.S.C. 413(c)) is amended by striking such procedures
and inserting such written procedures
.
Intelligence activities
Section 502(a)(2) of such Act (50 U.S.C. 413a(a)(2)) is amended by inserting (including the legal authority under which the intelligence activity is being or was conducted)
after concerning intelligence activities
.
Covert actions
Section 503 of such Act (50 U.S.C. 413b) is amended—
in subsection (b)(2), by inserting (including the legal authority under which the covert action is being or was conducted)
after concerning covert actions
;
in subsection (c)—
in paragraph (1), by inserting in writing
after be reported
;
in paragraph (2), by striking If the President
and inserting Subject to paragraph (5), if the President
; and
by adding at the end the following new paragraph:
The President may only limit access to a finding in accordance with this subsection or a notification in accordance with subsection (d)(1) if the President submits to the Members of Congress specified in paragraph (2) a certification that it is essential to limit access to such finding or such notification to meet extraordinary circumstances affecting vital interests of the United States.
Not later than 180 days after a certification is submitted in accordance with subparagraph (A) or this subparagraph, the Director of National Intelligence shall—
provide access to the finding or notification that is the subject of such certification to all members of the congressional intelligence committees; or
submit to the Members of Congress specified in paragraph (2) a certification that it is essential to limit access to such finding or such notification to meet extraordinary circumstances affecting vital interests of the United States.
;
in subsection (d)—
by striking (d) The President
and inserting (d)(1) The President
;
in paragraph (1), as designated by subparagraph (A) of this paragraph, by inserting in writing
after notified
; and
by adding at the end the following new paragraph:
For purposes of this subsection, an activity shall constitute a significant undertaking
if the activity—
involves the potential for loss of life;
requires an expansion of existing authorities, including authorities relating to research, development, or operations;
results in the expenditure of significant funds or other resources;
requires notification under section 504;
gives rise to a significant risk of disclosing intelligence sources or methods; or
could cause serious damage to the diplomatic relations of the United States if such activity were disclosed without authorization.
; and
by adding at the end the following new subsections:
A Member of Congress to which a finding is reported under subsection (c) or notice is provided under subsection (d)(1) may submit to the Director of National Intelligence an objection to any part of such finding or such notice or to the limiting of access to such finding or such notice. Not later than seven days after such an objection is submitted to the Director of National Intelligence, the Director shall report such objection in writing to the President and such Member of Congress.
In any case where access to a finding reported under subsection (c) or notice provided under subsection (d)(1) is not made available to all members of a congressional intelligence committee in accordance with subsection (c)(2), the President shall provide such members with general information regarding the finding or notice.
The President shall—
maintain a record of the Members of Congress to which a finding is reported under subsection (c) or notice is provided under subsection (d)(1) and the date on which each Member of Congress receives such finding or notice; and
not later than 30 days after the date on which such finding is reported or such notice is provided, provide such record to—
in the case of a finding reported or notice provided to a Member of the House of Representatives, the Permanent Select Committee on Intelligence of the House of Representatives; and
in the case of a finding reported or notice provided to a Member of the Senate, the Select Committee on Intelligence of the Senate.
.
Reports and Other Congressional Oversight
Report on financial intelligence on terrorist assets
Section 118 of the National Security Act of 1947 (50 U.S.C. 404m) is amended—
in the heading, by striking Semiannual
and inserting Annual
;
in subsection (a)—
in the heading, by striking Semiannual
and inserting Annual
;
in the matter preceding paragraph (1)—
by striking semiannual basis
and inserting annual basis
; and
by striking preceding six-month period
and inserting preceding one-year period
;
by striking paragraph (2); and
by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and
in subsection (d)—
in paragraph (1), by inserting the Committee on Armed Services,
after the Committee on Appropriations,
; and
in paragraph (2), by inserting the Committee on Armed Services,
after the Committee on Appropriations,
.
Annual personnel level assessments for the intelligence community
Title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.) is amended by inserting after section 507 the following new section:
Annual personnel level assessment for the intelligence community
Assessment
The Director of National Intelligence shall, in consultation with the head of each element of the intelligence community, prepare an annual personnel level assessment for such element that assesses the personnel levels of such element for the fiscal year following the fiscal year in which the assessment is submitted.
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 in accordance with section 1105 of title 31, United States Code.
Contents
Each assessment required by subsection (a) shall include, for the element of the intelligence community concerned, the following information:
The budget submission for personnel costs of such element for the upcoming fiscal year.
The dollar and percentage increase or decrease of such costs as compared to the personnel costs of the current fiscal year.
The dollar and percentage increase or decrease of such costs as compared to the personnel costs during the preceding five fiscal years.
The number of personnel positions requested for such element for the upcoming fiscal year.
The numerical and percentage increase or decrease of such number as compared to the number of personnel positions of such element of the current fiscal year.
The numerical and percentage increase or decrease of such number as compared to the number of personnel positions of such element during the preceding five fiscal years.
The best estimate of the number and costs of contractors to be funded by such element for the upcoming fiscal year.
The numerical and percentage increase or decrease of such costs of contractors as compared to the best estimate of the costs of contractors to be funded by such element during the current fiscal year.
The numerical and percentage increase or decrease of such costs of contractors as compared to the cost of contractors, and the number of contractors, of such element during the preceding five fiscal years.
A written justification for the requested personnel and contractor levels.
The number of intelligence collectors and analysts employed or contracted by such element.
A list of all contractors that have been the subject of an investigation completed by the inspector general of such element during the preceding fiscal year, or are or have been the subject of an investigation by such inspector general during the current fiscal year.
A statement by the Director of National Intelligence of whether, based on current and projected funding, such element will have sufficient—
internal infrastructure to support the requested personnel and contractor levels;
training resources to support the requested personnel levels; and
funding to support the administrative and operational activities of the requested personnel levels.
.
Semiannual reports on nuclear weapons programs of Iran, Syria, and North Korea
In general
Title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.), as amended by section 332, is further amended by adding at the end the following new section:
Semiannual reports on the nuclear weapons programs of Iran, Syria, and North Korea
Requirement for reports
Not less frequently than every 180 days, the Director of National Intelligence shall submit to the appropriate congressional committees a report on the intentions and capabilities of the Islamic Republic of Iran, the Syrian Arab Republic, and the Democratic People's Republic of Korea, with regard to the nuclear weapons programs of each such country.
Content
Each report submitted under subsection (a) shall include, with respect to the Islamic Republic of Iran, the Syrian Arab Republic, and the Democratic People's Republic of Korea—
an assessment of nuclear weapons programs of each country;
an evaluation of the sources upon which the intelligence used to prepare the assessment referred to in paragraph (1) is based, including the number of such sources and an assessment of the reliability of each source;
a summary of any intelligence related to any program gathered or developed since the previous report was submitted under subsection (a), including intelligence collected from both open and clandestine sources for each country; and
a discussion of any dissents, caveats, gaps in knowledge, or other information that would reduce confidence in the assessment referred to in paragraph (1).
National Intelligence Estimate
The Director of National Intelligence may submit a National Intelligence Estimate on the intentions and capabilities of the Islamic Republic of Iran, the Syrian Arab Republic, or the Democratic People's Republic of Korea in lieu of a report required by subsection (a) for that country.
Appropriate congressional committees defined
In this section, the term appropriate congressional committees means—
the congressional intelligence committees;
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
.
Applicability date
The first report required to be submitted under section 509 of the National Security Act of 1947, as added by subsection (a), shall be submitted not later than 120 days after the date of the enactment of this Act.
Report on foreign language proficiency in the intelligence community
Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 4 years, the Director of National Intelligence shall submit to the congressional intelligence committees and the Committees on Armed Services of the House of Representatives and the Senate a report on the proficiency in foreign languages and, as appropriate, in foreign dialects, of each element of the intelligence community, including—
the number of positions authorized for such element that require foreign language proficiency and the level of proficiency required;
an estimate of the number of such positions that each element will require during the 5-year period beginning on the date of the submission of the report;
the number of positions authorized for such element that require foreign language proficiency that are filled by—
military personnel; and
civilian personnel;
the number of applicants for positions in such element in the preceding fiscal year that indicated foreign language proficiency, including the foreign language indicated and the proficiency level;
the number of persons hired by such element with foreign language proficiency, including the foreign language and proficiency level;
the number of personnel of such element currently attending foreign language training, including the provider of such training;
a description of the efforts of such element to recruit, hire, train, and retain personnel that are proficient in a foreign language;
an assessment of methods and models for basic, advanced, and intensive foreign language training;
for each foreign language and, as appropriate, dialect of a foreign language—
the number of positions of such element that require proficiency in the foreign language or dialect;
the number of personnel of such element that are serving in a position that requires proficiency in the foreign language or dialect to perform the primary duty of the position;
the number of personnel of such element that are serving in a position that does not require proficiency in the foreign language or dialect to perform the primary duty of the position;
the number of personnel of such element rated at each level of proficiency of the Interagency Language Roundtable;
whether the number of personnel at each level of proficiency of the Interagency Language Roundtable meets the requirements of such element;
the number of personnel serving or hired to serve as linguists for such element that are not qualified as linguists under the standards of the Interagency Language Roundtable;
the number of personnel hired to serve as linguists for such element during the preceding calendar year;
the number of personnel serving as linguists that discontinued serving such element during the preceding calendar year;
the percentage of work requiring linguistic skills that is fulfilled by an ally of the United States; and
the percentage of work requiring linguistic skills that is fulfilled by contractors;
an assessment of the foreign language capacity and capabilities of the intelligence community as a whole;
an identification of any critical gaps in foreign language proficiency with respect to such element and recommendations for eliminating such gaps;
recommendations for eliminating required reports relating to foreign-language proficiency that the Director of National Intelligence considers outdated or no longer relevant; and
an assessment of the feasibility of employing foreign nationals lawfully present in the United States who have previously worked as translators or interpreters for the Armed Forces or another department or agency of the Federal Government in Iraq or Afghanistan to meet the critical language needs of such element.
Government Accountability Office audits and investigations
Title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.), as amended by section 334 of this Act, is further amended by adding at the end the following new section:
Government Accountability Office analyses, evaluations, and investigations
In general
Except as provided in subsection (b), the Director of National Intelligence shall ensure that personnel of the Government Accountability Office designated by the Comptroller General are provided with access to all information in the possession of an element of the intelligence community that the Comptroller General determines is necessary for such personnel to conduct an analysis, evaluation, or investigation of a program or activity of an element of the intelligence community that is requested by a committee of Congress with jurisdiction over such program or activity.
Exception
Subject to subparagraph (B), the Director of National Intelligence may restrict access to information referred to in subsection (a) by personnel designated in such subsection if the Director determines that the restriction is necessary to protect vital national security interests of the United States.
The Director of National Intelligence may not restrict access under subparagraph (A) solely on the basis of the level of classification or compartmentation of information that the personnel designated in subsection (a) may seek access to while conducting an analysis, evaluation, or investigation.
If the Director exercises the authority under paragraph (1), the Director shall submit to each committee of Congress with jurisdiction over the program or activity that is the subject of the analysis, evaluation, or investigation for which the Director restricts access to information under such paragraph an appropriately classified statement of the reasons for the exercise of such authority within 7 days.
The Director shall notify the Comptroller General at the time a statement under paragraph (2) is submitted, and, to the extent consistent with the protection of intelligence sources and methods, provide the Comptroller General with a copy of such statement.
The Comptroller General shall submit to each committee of Congress to which the Director of National Intelligence submits a statement under paragraph (2) any comments on the statement that the Comptroller General considers appropriate.
Confidentiality
The Comptroller General shall maintain the same level of confidentiality for information made available for an analysis, evaluation, or investigation referred to in subsection (a) as is required of the head of the element of the intelligence community from which such information is obtained. Officers and employees of the Government Accountability Office are subject to the same statutory penalties for unauthorized disclosure or use of such information as officers or employees of the element of the intelligence community that provided the Comptroller General or officers and employees of the Government Accountability Office with access to such information.
The Comptroller General shall establish procedures to protect from unauthorized disclosure all classified and other sensitive information furnished to the Comptroller General or any representative of the Comptroller General for conducting an analysis, evaluation, or investigation referred to in subsection (a).
Before initiating an analysis, evaluation, or investigation referred to in subsection (a), the Comptroller General shall provide the Director of National Intelligence and the head of each relevant element of the intelligence community with the name of each officer and employee of the Government Accountability Office who has obtained appropriate security clearance and to whom, upon proper identification, records and information of the element of the intelligence community shall be made available in conducting such analysis, evaluation, or investigation.
.
Certification of compliance with oversight requirements
In general
Title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.), as amended by section 335 of this Act, is further amended by adding at the end the following new section:
Certification of compliance with oversight requirements
The head of each element of the intelligence community shall semiannually submit to the congressional intelligence committees—
a certification that, to the best of the knowledge of the head of such element—
the head of such element of the intelligence community is in full compliance with the requirements of this title; and
any information required to be submitted by such head of such element under this Act before the date of the submission of such certification has been properly submitted; or
if such head of such element is unable to submit a certification under paragraph (1), a statement—
of the reasons such head of such element is not able to submit such a certification;
describing any information required to be submitted by such head of such element under this Act before the date of the submission of such statement that has not been properly submitted; and
that the head of such element will submit such information as soon as possible after the submission of such statement.
.
Applicability date
The first certification or statement required to be submitted by the head of each element of the intelligence community under section 512 of the National Security Act of 1947, as added by subsection (a) of this section, shall be submitted not later than 90 days after the date of the enactment of this Act.
Reports on foreign industrial espionage
In general
Section 809(b) of the Intelligence Authorization Act for Fiscal Year 1995 (50 U.S.C. App. 2170b(b)) is amended—
in the heading, by striking Annual
and inserting Biennial
;
by striking paragraph (1) and inserting the following new paragraph:
Submission to Congress
The President shall biennially submit to the congressional intelligence committees, the Committees on Armed Services of the House of Representatives and the Senate, and congressional leadership a report updating the information referred to in subsection (a)(1)(D).
;
by striking paragraph (2); and
by redesignating paragraph (3) as paragraph (2).
Initial report
The first report required under section 809(b)(1) of such Act, as amended by subsection (a)(2) of this section, shall be submitted not later than February 1, 2010.
Report on intelligence community contractors
Requirement for report
Not later than November 1, 2010, the Director of National Intelligence shall submit to the congressional intelligence committees and the Committees on Armed Services of the House of Representatives and the Senate a report describing the use of personal services contracts across the intelligence community, the impact of the use of such contracts on the intelligence community workforce, plans for conversion of contractor employment into Federal Government employment, and the accountability mechanisms that govern the performance of such personal services contracts.
Content
In general
The report submitted under subsection (a) shall include—
a description of any relevant regulations or guidance issued by the Director of National Intelligence or the head of an element of the intelligence community relating to minimum standards required regarding the hiring, training, security clearance, and assignment of contract personnel and how those standards may differ from those for Federal Government employees performing substantially similar functions;
an identification of contracts where the contractor is performing substantially similar functions to a Federal Government employee;
an assessment of costs incurred or savings achieved by awarding contracts for the performance of such functions referred to in subparagraph (B) instead of using full-time employees of the elements of the intelligence community to perform such functions;
an assessment of the appropriateness of using contractors to perform the activities described in paragraph (2);
an estimate of the number of contracts, and the number of personnel working under such contracts, related to the performance of activities described in paragraph (2);
a comparison of the compensation of contract employees and Federal Government employees performing substantially similar functions;
an analysis of the attrition of Federal Government personnel for contractor positions that provide substantially similar functions;
a description of positions that will be converted from contractor employment to Federal Government employment;
an analysis of the oversight and accountability mechanisms applicable to personal services contracts awarded for intelligence activities by each element of the intelligence community during fiscal years 2008 and 2009;
an analysis of procedures in use in the intelligence community for conducting oversight of contractors to ensure identification and prosecution of criminal violations, financial waste, fraud, or other abuses committed by contractors or contract personnel; and
an identification of best practices for oversight and accountability mechanisms applicable to personal services contracts.
Activities
Activities described in this paragraph are the following:
Intelligence collection.
Intelligence analysis.
Covert actions, including rendition, detention, and interrogation activities.
Report on transformation of the intelligence capabilities of the Federal Bureau of Investigation
Not later than 120 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall submit to the congressional intelligence committees and the Committees on the Judiciary of the House of Representatives and the Senate a report describing the Director’s long-term vision for transforming the intelligence capabilities of the Bureau and the progress of the internal reforms of the Bureau intended to achieve that vision. Such report shall include—
the direction, strategy, and goals for transforming the intelligence capabilities of the Bureau;
a description of what the fully functional intelligence and national security functions of the Bureau should entail;
a candid assessment of the effect of internal reforms at the Bureau and whether such reforms have moved the Bureau towards achieving the goals of the Director for the intelligence and national security functions of the Bureau; and
an assessment of how well the Bureau performs tasks that are critical to the effective functioning of the Bureau as an intelligence agency, including—
identifying new intelligence targets within the scope of the national security functions of the Bureau, outside the parameters of an existing case file or ongoing investigation;
collecting intelligence domestically, including collection through human and technical sources;
recruiting human sources;
training Special Agents to spot, assess, recruit, and handle human sources;
working collaboratively with other Federal departments and agencies to jointly collect intelligence on domestic counterterrorism and counterintelligence targets;
producing a common intelligence picture of domestic threats to the national security of the United States;
producing high quality and timely intelligence analysis;
integrating intelligence analysts into its intelligence collection operations; and
sharing intelligence information with intelligence community partners.
Report on intelligence resources dedicated to Iraq and Afghanistan
Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence and the Secretary of Defense shall jointly submit to the congressional intelligence committees and the Committees on Armed Services of the House of Representatives and the Senate a report on intelligence collection and analysis resources: (1) dedicated to Iraq and Afghanistan during fiscal years 2008 and 2009; and (2) planned to be dedicated during fiscal year 2010. Such report shall include detailed information on fiscal, human, technical, and other intelligence collection and analysis resources.
Report on international traffic in arms regulations
Report
Not later than February 1, 2011, the Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report assessing the threat to national security presented by the efforts of foreign countries to acquire, through espionage, diversion, or other means, sensitive equipment and technology, and the degree to which United States export controls (including the International Traffic in Arms Regulations) are adequate to defeat such efforts.
Form
The report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
International Traffic in Arms Regulations defined
The term International Traffic in Arms Regulations means those regulations contained in parts 120 through 130 of title 22, Code of Federal Regulations (or successor regulations).
Report on nuclear trafficking
Report
Not later than February 1, 2010, the Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives, and the Committee on Armed Services and the Committee on Foreign Relations of the Senate a report on the illicit trade of nuclear and radiological material and equipment.
Contents
The report submitted under subsection (a) shall include, for a period of time including at least the preceding 3 years—
details of all known or suspected cases of the illicit sale, transfer, brokering, or transport of—
nuclear or radiological material;
equipment useful for the production of nuclear or radiological material; or
nuclear explosive devices;
an assessment of the countries that represent the greatest risk of nuclear trafficking activities; and
a discussion of any dissents, caveats, gaps in knowledge, or other information that would reduce confidence in the assessment referred to in paragraph (2).
Form
The report under subsection (a) may be submitted in classified form, but shall include an unclassified summary.
Study on revoking pensions of persons who commit unauthorized disclosures of classified information
Study
The Director of National Intelligence shall conduct a study on the feasibility of revoking the pensions of personnel of the intelligence community who commit unauthorized disclosures of classified information, including whether revoking such pensions is feasible under existing law or under the administrative authority of the Director of National Intelligence or any other head of an element of the intelligence community.
Report
Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report containing the results of the study conducted under subsection (a).
Study on electronic waste destruction practices of the intelligence community
Study
The Inspector General of the Intelligence Community shall conduct a study on the electronic waste destruction practices of the intelligence community. Such study shall assess—
the security of the electronic waste disposal practices of the intelligence community, including the potential for counterintelligence exploitation of destroyed, discarded, or recycled materials;
the environmental impact of such disposal practices; and
methods to improve the security and environmental impact of such disposal practices, including steps to prevent the forensic exploitation of electronic waste.
Report
Not later than 1 year after the date of the enactment of this Act, the Inspector General of the Intelligence Community shall submit to the congressional intelligence committees a report containing the results of the study conducted under subsection (a).
Report on retirement benefits for former employees of Air America
In general
Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report on the advisability of providing Federal retirement benefits to United States citizens for the service of such citizens prior to 1977 as employees of Air America or an associated company during a period when Air America or the associated company was owned or controlled by the United States Government and operated or managed by the Central Intelligence Agency.
Report Elements
The report required by subsection (a) shall include the following:
The history of Air America and the associated companies prior to 1977, including a description of—
the relationship between Air America and the associated companies and the Central Intelligence Agency or any other element of the United States Government;
the workforce of Air America and the associated companies;
the missions performed by Air America, the associated companies, and their employees for the United States; and
the casualties suffered by employees of Air America and the associated companies in the course of their employment.
A description of—
the retirement benefits contracted for or promised to the employees of Air America and the associated companies prior to 1977;
the contributions made by such employees for such benefits;
the retirement benefits actually paid such employees;
the entitlement of such employees to the payment of future retirement benefits; and
the likelihood that such employees will receive any future retirement benefits.
An assessment of the difference between—
the retirement benefits that former employees of Air America and the associated companies have received or will receive by virtue of their employment with Air America and the associated companies; and
the retirement benefits that such employees would have received or be eligible to receive if such employment was deemed to be employment by the United States Government and their service during such employment was credited as Federal service for the purpose of Federal retirement benefits.
Any recommendations regarding the advisability of legislative action to treat such employment as Federal service for the purpose of Federal retirement benefits in light of the relationship between Air America and the associated companies and the United States Government and the services and sacrifices of such employees to and for the United States.
If legislative action is considered advisable under paragraph (4), a proposal for such action and an assessment of its costs.
The opinions of the Director of the Central Intelligence Agency, if any, on any matters covered by the report that the Director of the Central Intelligence Agency considers appropriate.
Form
The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Definitions
In this section:
Air America
The term Air America means Air America, Incorporated.
Associated company
The term associated company means any entity associated with, predecessor to, or subsidiary to Air America, including Air Asia Company Limited, CAT Incorporated, Civil Air Transport Company Limited, and the Pacific Division of Southern Air Transport, during the period when such an entity was owned and controlled by the United States Government.
Study on college tuition programs for employees of the intelligence community
Study
The Director of National Intelligence shall conduct a study on the feasability of—
providing matching funds for contributions to college savings programs made by employees of elements of the intelligence community; and
establishing a program to pay the college tuition of each child of an employee of an element of the intelligence community that has died in the performance of the official duties of such employee.
Report
Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report containing the results of the study conducted under subsection (a).
College savings program defined
In this section, the term college savings program means—
a qualified tuition program, as defined in section 529 of the Internal Revenue Code of 1986;
a Coverdell education savings account, as defined in section 530 of the Internal Revenue Code of 1986; and
any other appropriate program providing tax incentives for saving funds to pay for college tuition, as determined by the Director of National Intelligence.
Report on global supply chain vulnerabilities
Report
Not later than 1 year after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report on the global supply chain and global provision of services to determine whether such supply chain and such services pose a risk to defense and intelligence systems due to components that may be counterfeit, defective, or deliberately manipulated by a foreign government or a criminal organization or services that may be managed, controlled, or manipulated by a foreign government or a criminal organization.
Review of mitigation
NCIX review
The National Counterintelligence Executive shall conduct a review of the adequacy of the mechanisms to identify and mitigate vulnerabilities in the global supply chain that pose a risk to defense and intelligence systems due to components that may be counterfeit, defective, or deliberately manipulated by a foreign government or a criminal organization or services that may be managed, controlled, or manipulated by a foreign government or a criminal organization. Such review shall include an examination of the threat posed by State-controlled and State-invested enterprises and the extent to which the actions and activities of such enterprises may be controlled, coerced, or influenced by a foreign government.
Submission
Not later than 1 year after the date of the enactment of this Act, the National Counterintelligence Executive shall submit to Congress a report containing the results of the review conducted under paragraph (1).
Review of records relating to potential health risks among Desert Storm veterans
Review
The Director of the Central Intelligence Agency shall conduct a classification review of the records of the Agency that are relevant to the known or potential health effects suffered by veterans of Operation Desert Storm as described in the November 2008, report by the Department of Veterans Affairs Research Advisory Committee on Gulf War Veterans Illnesses.
Report
Not later than 1 year after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall submit to Congress the results of the classification review conducted under subsection (a), including the total number of records of the Agency that are relevant.
Form
The report required under subsection (b) shall be submitted in unclassified form, but may include a classified annex.
Federal Bureau of Investigation field office supervisory term limit policy
None of the funds authorized to be appropriated by this Act may be used to implement the field office supervisory term limit policy of the Federal Bureau of Investigation requiring the mandatory reassignment of a supervisor of the Bureau after a specific term of years.
Summary of intelligence relating to terrorist recidivism of detainees held at United States Naval Station, Guantanamo Bay, Cuba
Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Director of the Central Intelligence Agency and the Director of the Defense Intelligence Agency, shall make publicly available an unclassified summary of—
intelligence relating to recidivism of detainees currently or formerly held at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense; and
an assessment of the likelihood that such detainees will engage in terrorism or communicate with persons in terrorist organizations.
Summary of intelligence on Uighur detainees held at United States Naval Station, Guantanamo Bay, Cuba
Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Director of the Central Intelligence Agency and the Director of the Defense Intelligence Agency, shall make publicly available an unclassified summary of—
intelligence relating to threats posed by Uighur detainees currently or formerly held at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense; and
an assessment of the likelihood that such detainees will engage in terrorism or communicate with persons in terrorist organizations.
Report on interrogation research and training
Requirement for Report
Not later than December 31, 2009, the Director of National Intelligence, in coordination with the heads of the relevant elements of the intelligence community, shall submit to the congressional intelligence committees and the Committees on Appropriations of the House of Representatives and the Senate a report on the state of research, analysis, and training in interrogation and debriefing practices.
Content
The report required under subsection (a) shall include—
an assessment of—
the quality and value of scientific and technical research in interrogation and debriefing practices that has been conducted independently or in affiliation with the Federal Government and the identification of areas in which additional research could potentially improve interrogation practices;
the state of interrogation and debriefing training in the intelligence community, including the character and adequacy of the ethical component of such training, and the identification of any gaps in training;
the adequacy of efforts to enhance career path options for intelligence community personnel that serve as interrogators and debriefers, including efforts to recruit and retain career personnel; and
the effectiveness of existing processes for studying and implementing lessons learned and best practices of interrogation and debriefing; and
any recommendations that the Director considers appropriate for improving the performance of the intelligence community with respect to the issues described in subparagraphs (A) through (D) of paragraph (1).
Report on plans to increase diversity within the intelligence community
Findings
Congress finds the following:
To most effectively carry out the mission of the intelligence community to collect and analyze intelligence, the intelligence community needs personnel that look and speak like the citizens of the many nations in which the United States needs to collect such intelligence.
One of the great strengths of the United States is the diversity of the people of the United States, diversity that can positively contribute to the operational capabilities and effectiveness of the intelligence community.
In the past, the intelligence community has not properly focused on hiring a diverse workforce and the capabilities of the intelligence community have suffered due to that lack of focus.
The intelligence community must be deliberate and work hard to hire a diverse workforce to improve the operational capabilities and effectiveness of the intelligence community.
Requirement for report
Not later than 1 year after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the heads of the elements of the intelligence community, shall submit to the congressional intelligence committees a report on the plans of each element to increase diversity within the intelligence community.
Content
The report required by subsection (b) shall include specific implementation plans to increase diversity within each element of the intelligence community, including—
specific implementation plans for each such element designed to achieve the goals articulated in the strategic plan of the Director of National Intelligence on equal employment opportunity and diversity;
specific plans and initiatives for each such element to increase recruiting and hiring of diverse candidates;
specific plans and initiatives for each such element to improve retention of diverse Federal employees at the junior, midgrade, senior, and management levels;
a description of specific diversity awareness training and education programs for senior officials and managers of each such element; and
a description of performance metrics to measure the success of carrying out the plans, initiatives, and programs described in paragraphs (1) through (4).
Review of Federal Bureau of Investigation exercise of enforcement jurisdiction in foreign nations
Not later than 60 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress a review of constraints under international law and the laws of foreign nations to the assertion of enforcement jurisdiction with respect to criminal investigations of terrorism offenses under the laws of the United States conducted by agents of the Federal Bureau of Investigation in foreign nations and using funds made available for the National Intelligence Program, including constraints identified in section 432 of the Restatement (Third) of the Foreign Relations Law of the United States.
Public release of information on procedures used in narcotics airbridge denial program in Peru
Not later than 30 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall make publicly available an unclassified version of the report of the Inspector General of the Central Intelligence Agency entitled “Procedures Used in Narcotics Airbridge Denial Program in Peru, 1995–2001”, dated August 25, 2008.
Cybersecurity oversight
Notification of cybersecurity programs
Requirement for notification
Existing programs
Not later than 30 days after the date of the enactment of this Act, the President shall submit to Congress a notification for each cybersecurity program in operation on such date that includes the documentation referred to in subparagraphs (A) through (E) of paragraph (2).
New programs
Not later than 30 days after the date of the commencement of operations of a new cybersecurity program, the President shall submit to Congress a notification of such commencement that includes the documentation referred to in subparagraphs (A) through (E) of paragraph (2).
Documentation
A notification required by paragraph (1) for a cybersecurity program shall include—
the legal justification for the cybersecurity program;
the certification, if any, made pursuant to section 2511(2)(a)(ii)(B) of title 18, United States Code, or other statutory certification of legality for the cybersecurity program;
the concept for the operation of the cybersecurity program that is approved by the head of the appropriate agency or department;
the assessment, if any, of the privacy impact of the cybersecurity program prepared by the privacy or civil liberties protection officer or comparable officer of such agency or department; and
the plan, if any, for independent audit or review of the cybersecurity program to be carried out by the head of the relevant department or agency of the United States, in conjunction with the appropriate inspector general.
Program reports
Requirement for reports
The head of a department or agency of the United States with responsibility for a cybersecurity program for which a notification was submitted under subsection (a), in consultation with the inspector general for that department or agency, shall submit to Congress and the President, in accordance with the schedule set out in paragraph (2), a report on such cybersecurity program that includes—
the results of any audit or review of the cybersecurity program carried out under the plan referred to in subsection (a)(2)(E), if any; and
an assessment of whether the implementation of the cybersecurity program—
is in compliance with—
the legal justification referred to in subsection (a)(2)(A); and
the assessment referred to in subsection (a)(2)(D), if any;
is adequately described by the concept of operation referred to in subsection (a)(2)(C), if any; and
includes an adequate independent audit or review system and whether improvements to such independent audit or review system are necessary.
Schedule for submission of reports
The reports required by paragraph (1) shall be submitted to Congress and the President according to the following schedule:
An initial report shall be submitted not later than 180 days after the date of the enactment of this Act.
A second report shall be submitted not later than 1 year after the date of the enactment of this Act.
Additional reports shall be submitted periodically following the submission of the reports referred to in subparagraphs (A) and (B) as necessary, as determined by the head of the relevant department or agency of the United States in conjunction with the inspector general of that department or agency.
Cooperation and coordination
Cooperation
The head of each department or agency of the United States required to submit a report under paragraph (1) for a particular cybersecurity program, and the inspector general of each such department or agency, shall, to the extent practicable, work in conjunction with any other such head or inspector general required to submit such a report for such cybersecurity program.
Coordination
The heads of all of the departments and agencies of the United States required to submit a report under paragraph (1) for a particular cybersecurity program shall designate one such head to coordinate the conduct of the reports on such program.
Information sharing report
Not later than 1 year after the date of the enactment of this Act, the Inspector General of the Department of Homeland Security and the Inspector General of the Intelligence Community shall jointly submit to Congress and the President a report on the status of the sharing of cyber threat information, including—
a description of how cyber threat intelligence information, including classified information, is shared among the agencies and departments of the United States and with persons responsible for critical infrastructure;
a description of the mechanisms by which classified cyber threat information is distributed;
an assessment of the effectiveness of such information sharing and distribution; and
any other matters identified by the Inspectors General that would help to fully inform Congress or the President regarding the effectiveness and legality of cybersecurity programs.
Personnel details
Authority to detail
Notwithstanding any other provision of law, the head of an element of the intelligence community that is funded through the National Intelligence Program may detail an officer or employee of such element to the National Cyber Investigative Joint Task Force or to the Department of Homeland Security to assist the Task Force or the Department with cybersecurity, as jointly agreed by the head of such element and the Task Force or the Department.
Basis for detail
A personnel detail made under paragraph (1) may be made—
for a period of not more than 3 years; and
on a reimbursable or nonreimbursable basis.
Sunset
The requirements and authorities of this section shall terminate on December 31, 2012.
Definitions
In this section:
Cybersecurity program
The term cybersecurity program means a class or collection of similar cybersecurity operations of an agency or department of the United States that involves personally identifiable data that is—
screened by a cybersecurity system outside of the agency or department of the United States that was the intended recipient of the personally identifiable data;
transferred, for the purpose of cybersecurity, outside the agency or department of the United States that was the intended recipient of the personally identifiable data; or
transferred, for the purpose of cybersecurity, to an element of the intelligence community.
National Cyber Investigative Joint Task Force
The term National Cyber Investigative Joint Task Force means the multi-agency cyber investigation coordination organization overseen by the Director of the Federal Bureau of Investigation known as the Nation Cyber Investigative Joint Task Force that coordinates, integrates, and provides pertinent information related to cybersecurity investigations.
Critical infrastructure
The term critical infrastructure has the meaning given that term in section 1016 of the USA PATRIOT Act (42 U.S.C. 5195c).
Reiteration of requirement to submit report on terrorism financing
Not later than 180 days after the date of the enactment of this Act, the President, acting through the Secretary of the Treasury, shall submit to Congress the report required to be submitted under section 6303(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 118 Stat. 3750).
Report on questioning and detention of suspected terrorists
Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Attorney General, shall submit to Congress a report containing—
a description of the strategy of the Federal Government for balancing the intelligence collection needs of the United States with the interest of the United States in prosecuting terrorist suspects; and
a description of the policy of the Federal Government with respect to the questioning, detention, trial, transfer, release, or other disposition of suspected terrorists.
Report on dissemination of counterterrorism information to local law enforcement agencies
Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report on the dissemination of critical counterterrorism information from the intelligence community to local law enforcement agencies, including recommendations for improving the means of communication of such information to local law enforcement agencies.
Report on intelligence capabilities of State and local law enforcement agencies
Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report on the intelligence capabilities of State and local law enforcement agencies. Such report shall include—
an assessment of the ability of State and local law enforcement agencies to analyze and fuse intelligence community products with locally gathered information;
a description of existing procedures of the intelligence community to share with State and local law enforcement agencies the tactics, techniques, and procedures for intelligence collection, data management, and analysis learned from global counterinsurgency and counterterror operations;
a description of current intelligence analysis training provided by elements of the intelligence community to State and local law enforcement agencies;
an assessment of the need for a formal intelligence training center to teach State and local law enforcement agencies methods of intelligence collection and analysis; and
an assessment of the efficiently of co-locating such an intelligence training center with an existing intelligence community or military intelligence training center.
Inspector General report on over-classification
Report
Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community shall submit to Congress a report containing an analysis of the problem of over-classification of intelligence and ways to address such over-classification, including an analysis of the importance of protecting sources and methods while providing law enforcement and the public with as much access to information as possible.
Form
The report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Report on threat from dirty bombs
Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Nuclear Regulatory Commission, shall submit to Congress a report summarizing intelligence related to the threat to the United States from weapons that use radiological materials, including highly dispersible substances such as cesium–137.
Report on activities of the intelligence community in Argentina
In general
Not later than 270 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate congressional committees a report containing the following:
A description of any information in the possession of the intelligence community with respect to the following events in the Republic of Argentina:
The accession to power by the military of the Republic of Argentina in 1976.
Violations of human rights committed by officers or agents of the Argentine military and security forces during counterinsurgency or counterterror operations, including by the State Intelligence Secretariat (Secretaria de Inteligencia del Estado), Military Intelligence Detachment 141 (Destacamento de Inteligencia Militar 141 in Cordoba), Military Intelligence Detachment 121 (Destacamento Militar 121 in Rosario), Army Intelligence Battalion 601, the Army Reunion Center (Reunion Central del Ejercito), and the Army First Corps in Buenos Aires.
Operation Condor and Argentina’s role in cross-border counterinsurgency or counterterror operations with Brazil, Bolivia, Chile, Paraguay, or Uruguay.
Information on abductions, torture, disappearances, and executions by security forces and other forms of repression, including the fate of Argentine children born in captivity, that took place at detention centers, including the following:
The Argentine Navy Mechanical School (Escuela Mecanica de la Armada).
Automotores Orletti.
Operaciones Tacticas 18.
La Perla.
Campo de Mayo.
Institutos Militares.
An appendix of declassified records reviewed and used for the report submitted under this subsection.
A descriptive index of information referred to in paragraph (1) or (2) that is classified, including the identity of each document that is classified, the reason for continuing the classification of such document, and an explanation of how the release of the document would damage the national security interests of the United States.
Review of classified documents
Not later than 2 years after the date on which the report required under subsection (a) is submitted, the Director of National Intelligence shall review information referred to in paragraph (1) or (2) of subsection (a) that is classified to determine if any of such information should be declassified.
Form
The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Appropriate congressional committees defined
In this section, the term appropriate congressional committees means the Permanent Select Committee on Intelligence and the Committee on Appropriations of the House of Representatives and the Select Committee on Intelligence and the Committee on Appropriations of the Senate.
Report on National Security Agency strategy to protect Department of Defense networks
Not later than 180 days after the date of the enactment of this Act, the Director of the National Security Agency shall submit to Congress a report on the strategy of the National Security Agency with respect to securing networks of the Department of Defense within the intelligence community.
Report on creation of space intelligence office
Not later than 1 year after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report on the feasibility and advisability of creating a national space intelligence office to manage space-related intelligence assets and access to such assets.
Plan to secure networks of the intelligence community
Plan
Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a plan to secure the networks of the intelligence community. Such plan shall include strategies for—
securing the networks of the intelligence community from unauthorized remote access, intrusion, or insider tampering;
recruiting, retaining, and training a highly-qualified cybersecurity intelligence community workforce and include—
an assessment of the capabilities of such workforce;
an examination of issues of recruiting, retention, and the professional development of such workforce, including the possibility of providing retention bonuses or other forms of compensation;
an assessment of the benefits of outreach and training with both private industry and academic institutions with respect to such workforce; and
an assessment of the impact of the establishment of the Department of Defense Cyber Command on personnel and authorities of the intelligence community;
making the intelligence community workforce and the public aware of cybersecurity best practices and principles;
coordinating the intelligence community response to a cybersecurity incident;
collaborating with industry and academia to improve cybersecurity for critical infrastructure, the defense industrial base, and financial networks;
addressing such other matters as the President considers necessary to secure the cyberinfrastructure of the intelligence community; and
reviewing procurement laws and classification issues to determine how to allow for greater information sharing on specific cyber threats and attacks between private industry and the intelligence community.
Updates
Not later than 90 days after the date on which the plan referred to in subsection (a) is submitted to Congress, and every 90 days thereafter until the President submits the certification referred to in subsection (c), the President shall report to Congress on the status of the implementation of such plan and the progress towards the objectives of such plan.
Certification
The President may submit to Congress a certification that the objectives of the plan referred to in subsection (a) have been achieved.
Report on missile arsenal of Iran
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 assessing the threat posed by the missile arsenal of Iran to allies and interests of the United States in the Persian Gulf.
Study on best practices of foreign governments in combating violent domestic extremism
Study
The Director of National Intelligence shall conduct a study on the best practices of foreign governments (including the intelligence services of such governments) to combat violent domestic extremism.
Report
Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report containing the results of the study conducted under subsection (a).
Report on information sharing practices of joint terrorism task force
Not later than 180 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall submit to Congress a report on the best practices or impediments to information sharing in the Federal Bureau of Investigation-New York Police Department Joint Terrorism Task Force, including ways in which the combining of Federal, State, and local law enforcement resources can result in the effective utilization of such resources.
Report on technology to enable information sharing
Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress and the President a report describing the improvements to information technology needed to enable elements of the Federal Government that are not part of the intelligence community to better share information with elements of the intelligence community.
Report on threats to energy security of the United States
Not later than 1 year after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report in unclassified form describing the future threats to describing the future threats to the national security of the United States from continued and increased dependence of the United States on oil sources from foreign nations.
Report on attempt to detonate explosive device on Northwest Airlines flight 253
Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report on the attempt to detonate an explosive device aboard Northwest Airlines flight number 253 on December 25, 2009. Such report shall describe any failures to share or analyze intelligence or other information within or between elements of the United States Government and the measures that the intelligence community has taken or will take to prevent such failures, including—
a description of the roles and responsibilities of the counterterrorism analytic components of the intelligence community in synchronizing, correlating, and analyzing all sources of intelligence related to terrorism;
an assessment of the technological capabilities of the intelligence community to assess terrorist threats, including—
a list of all databases used by counterterrorism analysts;
a description of the steps taken by the intelligence community to integrate all relevant terrorist databases and allow for cross-database searches; and
a description of the steps taken by the intelligence community to correlate biographic information with terrorism-related intelligence;
a description of the steps taken by the intelligence community to train analysts on watchlisting processes and procedures;
a description of how watchlisting information is entered, reviewed, searched, analyzed, and acted upon by the relevant elements of the intelligence community;
a description of the steps the intelligence community is taking to enhance the rigor and raise the standard of tradecraft of intelligence analysis related to uncovering and preventing terrorist plots;
a description of the processes and procedures by which the intelligence community prioritizes terrorism threat leads and the standards used by elements of the intelligence community to determine if follow-up action is appropriate;
a description of the steps taken to enhance record information on possible terrorists in the Terrorist Identities Datamart Environment;
an assessment of how to meet the challenge associated with exploiting the ever-increasing volume of information available to the intelligence community; and
a description of the steps the intelligence community has taken or will take to respond to any findings and recommendations of the congressional intelligence committees, with respect to such failures, that have been transmitted to the Director of National Intelligence.
Repeal of certain reporting requirements
Annual report on intelligence
Section 109 of the National Security Act of 1947 (50 U.S.C. 404d) is repealed.
Annual certification on counterintelligence initiatives
Section 1102(b) of the National Security Act of 1947 (50 U.S.C. 442a(b)) is amended—
by striking (1) The Director
and inserting The Director
; and
by striking paragraph (2).
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.
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.
Conforming amendments
Report submission dates
Section 507 of the National Security Act of 1947 (50 U.S.C. 415b) is amended—
in subsection (a)—
in paragraph (1)—
by striking subparagraphs (A) and (G);
by redesignating subparagraphs (B), (C), (D), (E), (F), (H), (I), and (N) as subparagraphs (A), (B), (C), (D), (E), (F), (G), and (H), respectively; and
by adding at the end the following new subparagraphs:
The annual report on financial intelligence on terrorist assets required by section 118.
The annual report on foreign language proficiency in the intelligence community required by section 510.
The annual report on outside employment required by section 102A(s)(2).
;
in paragraph (2), by striking subparagraph (D); and
in subsection (b), by striking paragraph (6).
Table of contents
The table of contents in the first section of such Act (50 U.S.C. 401 note), as amended by section 313 of this Act, is further amended by—
striking the item relating to section 109; and
inserting after the item relating to section 507 the following new items:
Sec. 508. Annual personnel level assessment for the intelligence community.
Sec. 509. Semiannual reports on the nuclear weapons programs of Iran, Syria, and North Korea.
Sec. 510. Report on foreign language proficiency in the intelligence community.
Sec. 511. Government Accountability Office analyses, evaluations, and investigations.
Sec. 512. Certification of compliance with oversight requirements.
.
Other Matters
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:
the use of such funds for such activity supports an emergent need, improves program effectiveness, or increases efficiency; and
.
Protection of certain national security information
Increase in penalties for disclosure of undercover intelligence officers and agents
Disclosure 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
.
Disclosure after access to classified information
Subsection (b) of such section is amended by striking five years
and inserting 10 years
.
Modifications to annual report on protection of intelligence identities
The first sentence of section 603(a) of the National Security Act of 1947 (50 U.S.C. 423(a)) is amended by inserting including an assessment of the need for any modification of this title for the purpose of improving legal protections for covert agents,
after measures to protect the identities of covert agents,
.
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:
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.
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.
In this paragraph, the term intelligence community has the meaning given the term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
.
Exemption of dissemination of terrorist identity information from Freedom of Information Act
Section 119 of the National Security Act of 1947 (50 U.S.C. Section 404o) is amended by adding at the end the following new subsection:
Exemption of dissemination of terrorist identity information from Freedom of Information Act
Terrorist identity information disseminated for terrorist screening purposes or other authorized counterterrorism purposes shall be exempt from disclosure under section 552 of title 5, United States Code.
In this section:
Authorized Counterterrorism purpose
The term authorized counterterrorism purpose means disclosure to and appropriate use by an element of the Federal Government of terrorist identifiers of persons reasonably suspected to be terrorists or supporters of terrorists.
Terrorist identity information
The term terrorist identity information means—
information from a database maintained by any element of the Federal Government that would reveal whether an individual has or has not been determined to be a known or suspected terrorist or has or has not been determined to be within the networks of contacts and support of a known or suspected terrorist; and
information related to a determination as to whether or not an individual is or should be included in the Terrorist Screening Database or other screening databases based on a determination that the individual is a known or suspected terrorist.
Terrorist identifiers
The term terrorist identifiers—
includes—
names and aliases;
dates or places of birth;
unique identifying numbers or information;
physical identifiers or biometrics; and
any other identifying information provided for watchlisting purposes; and
does not include derogatory information or information that would reveal or compromise intelligence or law enforcement sources or methods.
Terrorist screening purpose
The term terrorist screening purpose means—
the collection, analysis, dissemination, and use of terrorist identity information to determine threats to the national security of the United States from a terrorist or terrorism; and
the use of such information for risk assessment, inspection, and credentialing.
.
Misuse of the intelligence community and Office of the Director of National Intelligence name, initials, or seal
Intelligence community
Title XI of the National Security Act of 1947 (50 U.S.C. 442 et seq.) is amended by adding at the end the following new section:
Misuse of the intelligence community name, initials, or seal
Prohibited acts
No person may, except with the written permission of the Director of National Intelligence or a designee of the Director, knowingly use the words intelligence community
, the initials IC
, the seal of the intelligence community, or any colorable imitation of such words, initials, or seal in connection with any merchandise, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the Director of National Intelligence, except that employees of the intelligence community may use the intelligence community name, initials, and seal in accordance with regulations promulgated by the Director of National Intelligence.
Injunction
Whenever it appears to the Attorney General that any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought.
.
Office of the Director of National Intelligence
Title XI of the National Security Act of 1947 (50 U.S.C. 442 et seq.), as amended by subsection (a) of this section, is further amended by adding at the end the following new section:
Misuse of the Office of the Director of National Intelligence name, initials, or seal
Prohibited acts
No person may, except with the written permission of the Director of National Intelligence or a designee of the Director, knowingly use the words Office of the Director of National Intelligence
, the initials ODNI
, the seal of the Office of the Director of National Intelligence, or any colorable imitation of such words, initials, or seal in connection with any merchandise, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the Director of National Intelligence.
Injunction
Whenever it appears to the Attorney General that any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought.
.
Conforming amendment
The table of contents in the first section of such Act (50 U.S.C. 401 note), as amended by section 357 of this Act, is further amended by adding at the end the following new items:
Sec. 1103. Misuse of the intelligence community name, initials, or seal.
Sec. 1104. Misuse of the Office of the Director of National Intelligence name, initials, or seal.
.
Security clearances: reports; ombudsman; reciprocity
Reports relating to security clearances
Quadrennial audit; security clearance determinations
In general
Title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.), as amended by section 336 of this Act, is further amended by adding at the end the following new section:
Reports on security clearances
Quadrennial audit of position requirements
The President shall every 4 years conduct an audit of how the executive branch determines whether a security clearance is required for a particular position in the Federal Government.
Not later than 30 days after the completion of an audit conducted under paragraph (1), the President shall submit to Congress the results of such audit.
Report on security clearance determinations
Not later than February 1 of each year, the President shall submit to Congress a report on the security clearance process. Such report shall include, for each security clearance level—
the number of Federal Government employees who—
held a security clearance at such level as of October 1 of the preceding year; and
were approved for a security clearance at such level during the preceding fiscal year;
the number of contractors to the Federal Government who—
held a security clearance at such level as of October 1 of the preceding year; and
were approved for a security clearance at such level during the preceding fiscal year; and
for each element of the intelligence community—
the amount of time it took to process the fastest 80 percent of security clearance determinations for such level;
the amount of time it took to process the fastest 90 percent of security clearance determinations for such level;
the number of open security clearance investigations for such level that have remained open for—
4 months or less;
between 4 months and 8 months;
between 8 months and 12 months; and
more than a year;
the percentage of reviews during the preceding fiscal year that resulted in a denial or revocation of a security clearance;
the percentage of investigations during the preceding fiscal year that resulted in incomplete information;
the percentage of investigations during the preceding fiscal year that did not result in enough information to make a decision on potentially adverse information; and
for security clearance determinations completed or ongoing during the preceding fiscal year that have taken longer than 1 year to complete—
the number of security clearance determinations for positions as employees of the Federal Government that required more than 1 year to complete;
the number of security clearance determinations for contractors that required more than 1 year to complete;
the agencies that investigated and adjudicated such determinations; and
the cause of significant delays in such determinations.
For purposes of paragraph (1), the Director of National Intelligence may consider—
security clearances at the level of confidential and secret as one security clearance level; and
security clearances at the level of top secret or higher as one security clearance level.
.
Initial audit
The first audit required to be conducted under section 513(a)(1) of the National Security Act of 1947 (as added by paragraph (1)) shall be completed not later than February 1, 2010.
Clerical amendment
The table of contents in the first section of such Act (50 U.S.C. 401 note), as amended by section 365 of this Act, is further amended by inserting after the item relating to section 512 the following new item:
Sec. 513. Reports on security clearances.
.
Report on metrics for adjudication quality
Not later than 180 days after the date of enactment of this Act, the President shall submit to Congress a report on security clearance investigations and adjudications. Such report shall include—
Federal Government wide adjudication guidelines and metrics for adjudication quality;
a plan to improve the professional development of security clearance adjudicators;
metrics to evaluate the effectiveness of interagency clearance reciprocity;
Federal Government wide investigation standards and metrics for investigation quality; and
the feasibility, counterintelligence risk, and cost effectiveness of—
by not later than January 1, 2012, requiring the investigation and adjudication of security clearances to be conducted by not more than two Federal agencies; and
by not later than January 1, 2015, requiring the investigation and adjudication of security clearances to be conducted by not more than one Federal agency.
Ombudsman for intelligence community security clearances
In general
Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.), as amended by section 303 of this Act, is further amended by inserting after section 103G the following new section:
Ombudsman for intelligence community security clearances
Appointment
The Director of National Intelligence shall appoint an ombudsman for intelligence community security clearances.
Provision of information
The head of an element of the intelligence community shall provide a person applying for a security clearance through or in coordination with such element with contact information for the ombudsman appointed under subsection (a).
Report
Not later than November 1 of each year, the ombudsman appointed under subsection (a) shall submit to the congressional intelligence committees a report containing—
the number of persons applying for a security clearance who have contacted the ombudsman during the preceding 12 months; and
a summary of the concerns, complaints, and questions received by the ombudsman from persons applying for security clearances.
.
Appointment date
The Director of National Intelligence shall appoint an ombudsman for intelligence community security clearances under section 103H(a) of the National Security Act of 1947, as added by paragraph (1), not later than 120 days after the date of the enactment of this Act.
Conforming amendment
The table of contents in the first section of such Act (50 U.S.C. 401 note), as amended by subsection (a)(1)(C) of this section, is further amended by inserting after the item relating to section 103G the following new item:
Sec. 103H. Ombudsman for intelligence community security clearances.
.
Security clearance reciprocity
Audit
The Inspector General of the Intelligence Community shall conduct an audit of the reciprocity of security clearances in the intelligence community.
Report
Not later than 120 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community shall submit to the congressional intelligence committees a report containing the results of the audit conducted under paragraph (1). Such report shall include an assessment of the time required to obtain a reciprocal security clearance for—
an employee of an element of the intelligence community detailed to another element of the intelligence community;
an employee of an element of the intelligence community seeking permanent employment with another element of the intelligence community; and
a contractor seeking permanent employment with an element of the intelligence community.
Education on combat-related injuries
Section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 435b) is amended—
by redesignating subsection (i) as subsection (j); and
by inserting after subsection (h) the following new subsection:
Education on combat-related injuries
In general
The head of the entity selected pursuant to subsection (b) shall take such actions as such head considers necessary to educate each authorized adjudicative agency that is an element of the intelligence community on the nature of combat-related injuries as they relate to determinations of eligibility for access to classified information for veterans who were deployed in support of a contingency operation.
Definitions
In this subsection:
Contingency operation
The term contingency operation has the meaning given the term in section 101(a)(13) of title 10, United States Code.
Intelligence community
The term intelligence community has the meaning given the term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
Veteran
The term veteran has the meaning given the term in section 101(2) of title 38, United States Code.
.
Limitation on use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba
In general
The Director of National Intelligence may not use any of the amounts authorized to be appropriated in this Act for fiscal year 2010 or any subsequent fiscal year to release or transfer any individual described in subsection (d) to the United States, its territories, or possessions, until 120 days after the President has submitted to Congress the plan described in subsection (b).
Plan required
The President shall submit to Congress a plan on the disposition of each individual described in subsection (d). Such plan shall include—
an assessment of the risk that the individual described in subsection (d) poses to the national security of the United States, its territories, or possessions;
a proposal for the disposition for each such individual;
a plan to mitigate any risks described in paragraph (1) should the proposed disposition required by paragraph (2) include the release or transfer to the United States, its territories, or possessions of any such individual; and
a summary of the consultation required in subsection (c).
Consultation required
The President shall consult with the chief executive of the State, the District of Columbia, or the territory or possession of the United States to which the disposition in subsection (b) includes a release or transfer to that State, District of Columbia, or territory or possession.
Detainees described
An individual described in this subsection is any individual who is located at United States Naval Station, Guantanamo Bay, Cuba, as of the date of the enactment of this Act, who—
is not a citizen of the United States; and
is—
in the custody or under the effective control of the Department of Defense; or
otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.
Intelligence community financial improvement and audit readiness
Sense of Congress
It is the sense of Congress that—
it is imperative that intelligence community-wide auditability be achieved as soon as possible;
the Business Transformation Office of the Office of the Director of National Intelligence has made substantial progress and must be of sufficient standing within the Office of the Director of National Intelligence to move the plan for core financial system requirements to reach intelligence community-wide auditability forward;
as of the date of the enactment of this Act, the National Reconnaissance Office is the only element of the intelligence community to have received a clean audit; and
the National Reconnaissance Office should be commended for the long hours and hard work invested by the Office to achieve a clean audit.
Review; plan
Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall—
conduct a review of the status of the auditability compliance of each element of the intelligence community; and
develop a plan and timeline to achieve a full, unqualified audit of each element of the intelligence community not later than September 30, 2013.
Sense of Congress on monitoring of northern border of the United States
Finding
Congress finds that suspected terrorists have attempted to enter the United States through the international land and maritime border of the United States and Canada.
Sense of Congress
It is the sense of Congress that—
the intelligence community should devote sufficient resources, including technological and human resources, to identifying and thwarting potential threats at the international land and maritime border of the United States and Canada; and
the intelligence community should work closely with the Government of Canada to identify and apprehend suspected terrorists before such terrorists enter the United States.
MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Office of the Director of National Intelligence
Clarification of limitation on colocation of the Office of the Director of National Intelligence
Section 103 of the National Security Act of 1947 (50 U.S.C. 403–3), as amended by section 302(1) of this Act, is further amended—
in subsection (f) (as so redesignated)—
in the heading, by striking with
and inserting of headquarters with headquarters of
;
by striking Commencing as of October 1, 2008, the
and inserting (1) Except as provided in paragraph (2), the
;
in paragraph (1), as designated by paragraph (2) of this section, by inserting the headquarters of
before the Office
;
in paragraph (1) (as so designated), by striking any other element
and inserting the headquarters of any other element
; and
by adding at the end the following new paragraph:
The President may waive the limitation in paragraph (1) if the President determines that—
a waiver is in the interests of national security; or
the costs of a headquarters of the Office of the Director of National Intelligence that is separate from the headquarters of the other elements of the intelligence community outweighs the potential benefits of the separation.
; and
by adding at the end the following new subsection:
Location of the Office of the Director of National Intelligence
The headquarters of the Office of the Director of National Intelligence may be located in the Washington metropolitan region (as defined in section 8301 of title 40, United States Code).
.
Membership of the Director of National Intelligence on the Transportation Security Oversight Board
Subparagraph (F) of section 115(b)(1) of title 49, United States Code, is amended to read as follows:
The Director of National Intelligence, or the Director’s designee.
.
Additional duties of the Director of Science and Technology
Section 103E of the National Security Act of 1947 (50 U.S.C. 403–3e) is amended—
in subsection (c)—
by redesignating paragraph (5) as paragraph (7);
in paragraph (4), by striking ; and
and inserting ;
; and
by inserting after paragraph (4) the following new paragraphs:
assist the Director of National Intelligence in establishing goals for basic, applied, and advanced research to meet the technology needs of the intelligence community;
submit to the congressional intelligence committees an annual report on the science and technology strategy of the Director that shows resources mapped to the goals of the intelligence community; and
; and
in subsection (d)(3)—
in subparagraph (A)—
by inserting and prioritize
after coordinate
; and
by striking ; and
and inserting ;
;
by redesignating subparagraph (B) as subparagraph (C); and
by inserting after subparagraph (A) the following new subparagraph:
identify basic, advanced, and applied research programs to be executed by elements of the intelligence community; and
.
Plan to implement recommendations of the data center energy efficiency reports
Plan
The Director of National Intelligence shall develop a plan to implement the recommendations of the report submitted to Congress under section 1 of the Act entitled An Act to study and promote the use of energy efficient computer servers in the United States
(Public Law 109–431; 120 Stat. 2920) across the intelligence community.
Report
In general
Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report containing the plan developed under subsection (a).
Form
The report under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.
Title of Chief Information Officer of the Intelligence Community
Section 103G of the National Security Act of 1947 (50 U.S.C. 403–3g) is amended—
in subsection (a), by inserting of the Intelligence Community
after Chief Information Officer
;
in subsection (b), by inserting of the Intelligence Community
after Chief Information Officer
;
in subsection (c) in the matter preceding paragraph (1), by inserting of the Intelligence Community
after Chief Information Officer
; and
in subsection (d), by inserting of the Intelligence Community
after Chief Information Officer
.
Inspector General of the Intelligence Community
Establishment
In general
Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.), as amended by section 366 of this Act, is further amended by inserting after section 103H (as added by such section 366) the following new section:
Inspector General of the Intelligence Community
Office of Inspector General of Intelligence Community
There is within the Office of the Director of National Intelligence an Office of the Inspector General of the Intelligence Community.
Purpose
The purpose of the Office of the Inspector General of the Intelligence Community is to—
be an independent and objective office appropriately accountable to Congress and to initiate and conduct investigations, inspections, and audits on matters within the responsibility and authority of the Director of National Intelligence;
recommend policies designed—
to promote economy, efficiency, and effectiveness in the administration and implementation of matters within the responsibility and authority of the Director of National Intelligence; and
to prevent and detect fraud and abuse in such matters;
provide a means for keeping the Director of National Intelligence fully and currently informed about—
problems and deficiencies relating to matters within the responsibility and authority of the Director of National Intelligence; and
the necessity for, and the progress of, corrective actions; and
in the manner prescribed by this section, ensure that the congressional intelligence committees are kept informed of—
significant problems and deficiencies relating to matters within the responsibility and authority of the Director of National Intelligence; and
the necessity for, and the progress of, corrective actions.
Inspector General of Intelligence Community
There is an Inspector General of the Intelligence Community, who shall be the head of the Office of the Inspector General of the Intelligence Community, who shall be appointed by the President, by and with the advice and consent of the Senate.
The nomination of an individual for appointment as Inspector General shall be made—
without regard to political affiliation;
on the basis of integrity, compliance with the security standards of the intelligence community, and prior experience in the field of intelligence or national security;
on the basis of demonstrated ability in accounting, financial analysis, law, management analysis, public administration, or auditing; and
on the basis of expertise in investigations.
The Inspector General shall report directly to the Director of National Intelligence.
The Inspector General may be removed from office only by the President. The President shall communicate in writing to the congressional intelligence committees the reasons for the removal of any individual from the position of Inspector General not later than 30 days before the date on which the Inspector General is removed from office. Nothing in this paragraph shall prohibit a personnel action with respect to the Inspector General otherwise authorized by law, other than transfer or removal.
Duties and Responsibilities
Subject to subsections (g) and (h), the Inspector General of the Intelligence Community shall—
provide policy direction for, and plan, conduct, supervise, and coordinate independently, the investigations, inspections, and audits relating to matters within the responsibility and authority of the Director of National Intelligence to ensure they are conducted efficiently and in accordance with applicable law and regulations;
keep the Director of National Intelligence and Congress fully and currently informed concerning violations of law and regulations, violations of civil liberties and privacy, fraud and other serious problems, abuses, and deficiencies that may occur in matters within the responsibility and authority of the Director, and report the progress made in implementing corrective action;
take due regard for the protection of intelligence sources and methods in the preparation of all reports issued by the Inspector General, and, to the extent consistent with the purpose and objective of such reports, take such measures as may be appropriate to minimize the disclosure of intelligence sources and methods described in such reports; and
in the execution of the duties and responsibilities under this section, comply with generally accepted Federal Government auditing standards.
Limitations on Activities
Subject to subparagraph (B), the Director of National Intelligence may prohibit the Inspector General of the Intelligence Community from initiating, carrying out, or completing any investigation, inspection, or audit if the Director determines that such prohibition is necessary to protect vital national security interests of the United States.
The Director of National Intelligence may not prohibit an investigation, inspection, or audit under subparagraph (A) solely on the basis of the level of classification or compartmentation of information that the Inspector General may seek access to while conducting such investigation, inspection, or audit.
If the Director exercises the authority under paragraph (1), the Director shall submit to the congressional intelligence committees an appropriately classified statement of the reasons for the exercise of such authority within 7 days.
The Director shall notify the Inspector General at the time a report under paragraph (2) is submitted, and, to the extent consistent with the protection of intelligence sources and methods, provide the Inspector General with a copy of such report.
The Inspector General shall submit to the congressional intelligence committees any comments on a report of which the Inspector General has notice under paragraph (3) that the Inspector General considers appropriate.
Authorities
The Inspector General of the Intelligence Community shall have direct and prompt access to the Director of National Intelligence when necessary for any purpose pertaining to the performance of the duties of the Inspector General.
The Inspector General shall have access to any employee, or any employee of a contractor, of any element of the intelligence community whose testimony is needed for the performance of the duties of the Inspector General.
The Inspector General shall have direct access to all records, reports, audits, reviews, documents, papers, recommendations, or other material which relate to the programs and operations with respect to which the Inspector General has responsibilities under this section.
The Director or, on the recommendation of the Director, another appropriate official of the intelligence community, shall take appropriate administrative action against an employee, or employee of a contractor, of an element of the intelligence community that fails to cooperate with the Inspector General. Such administrative action may include loss of employment or termination of an existing contractual relationship.
The Inspector General shall, in accordance with subsection (g), receive and investigate complaints or information from any person concerning the existence of an activity within the authorities and responsibilities of the Director of National Intelligence constituting a violation of laws, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to the public health and safety. Once such complaint or information has been received from an employee of the Federal Government—
the Inspector General shall not disclose the identity of the employee without the consent of the employee, unless the Inspector General determines that such disclosure is unavoidable during the course of the investigation or the disclosure is made to an official of the Department of Justice responsible for determining whether a prosecution should be undertaken; and
no action constituting a reprisal, or threat of reprisal, for making such complaint may be taken by any employee, unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.
The Inspector General shall administer to or take from any person an oath, affirmation, or affidavit, whenever necessary in the performance of the duties of the Inspector General, which oath, affirmation, or affidavit when administered or taken by or before an employee of the Office of the Inspector General of the Intelligence Community designated by the Inspector General shall have the same force and effect as if administered or taken by, or before, an officer having a seal.
Except as provided in subparagraph (B), the Inspector General may require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary in the performance of the duties and responsibilities of the Inspector General.
In the case of departments, agencies, and other elements of the United States Government, the Inspector General shall obtain information, documents, reports, answers, records, accounts, papers, and other data and evidence for the purpose specified in subparagraph (A) using procedures other than by subpoenas.
The Inspector General may not issue a subpoena for, or on behalf of, any element of the intelligence community, including the Office of the Director of National Intelligence.
In the case of contumacy or refusal to obey a subpoena issued under this paragraph, the subpoena shall be enforceable by order of any appropriate district court of the United States.
The Inspector General may obtain services as authorized under section 3109 of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for grade GS–15 of the General Schedule under section 5332 of title 5, United States Code.
The Inspector may, to the extent and in such amounts as may be provided in advance by appropriations Acts, enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and to make such payments as may be necessary to carry out the provisions of this section.
Coordination among the inspectors general of the intelligence community
If a matter within the jurisdiction of the Inspector General of the Intelligence Community that may be subject to an investigation, inspection, review, or audit by both the Inspector General of the Intelligence Community and an inspector general with oversight responsibility for an element of the intelligence community, the Inspector General of the Intelligence Community and such other inspector general shall expeditiously resolve the question of which inspector general shall conduct such investigation, inspection, review, or audit to avoid unnecessary duplication of the activities of the inspectors general.
In attempting to resolve a question under subparagraph (A), the inspectors general concerned may request the assistance of the Intelligence Community Inspectors General Forum established under subparagraph (C). If a dispute between an inspector general within an agency or department of the United States Government and the Inspector General of the Intelligence Community has not been resolved with the assistance of the Forum, the inspectors general shall submit the question to the Director of National Intelligence and the head of the affected agency or department for resolution.
There is established the Intelligence Community Inspectors General Forum which shall consist of all statutory or administrative inspectors general with oversight responsibility for an element of the intelligence community. The Inspector General of the Intelligence Community shall serve as the chair of the Forum. The Forum shall have no administrative authority over any inspector general, but shall serve as a mechanism for informing its members of the work of individual members of the Forum that may be of common interest and discussing questions about jurisdiction or access to employees, employees of a contractor, records, audits, reviews, documents, recommendations, or other materials that may involve or be of assistance to more than one of its members.
The inspector general conducting an investigation, inspection, review, or audit referred to in paragraph (1) shall submit the results of such investigation, inspection, review, or audit to any other inspector general, including the Inspector General of the Intelligence Community, with jurisdiction to conduct such investigation, inspection, review, or audit who did not conduct such investigation, inspection, review, or audit.
Staff and Other Support
The Director of National Intelligence shall provide the Inspector General of the Intelligence Community with appropriate and adequate office space at central and field office locations and with such equipment, office supplies, maintenance services, and communications facilities and services as may be necessary for the operation of such offices.
The Inspector General shall select, appoint, and employ such officers and employees as may be necessary to carry out the functions, powers, and duties of the Inspector General. The Inspector General shall ensure that any officer or employee selected, appointed, or employed has a security clearance appropriate for the assigned duties of such officer or employee.
In making selections under subparagraph (A), the Inspector General shall ensure that such officers and employees have the requisite training and experience to enable the Inspector General to carry out the duties of the Inspector General effectively.
In meeting the requirements of this paragraph, the Inspector General shall recommend policies to the Director of National Intelligence to create within the intelligence community a career cadre of sufficient size to provide appropriate continuity and objectivity needed for the effective performance of the duties of the Inspector General.
The Inspector General may, in consultation with the Director, request such information or assistance as may be necessary for carrying out the duties and responsibilities of the Inspector General from any department, agency, or other element of the United States Government.
Upon request of the Inspector General for information or assistance under subparagraph (A), the head of the department, agency, or element concerned shall furnish to the Inspector General, or to an authorized designee, such information or assistance.
The Inspector General of the Intelligence Community may, upon reasonable notice to the head of any element of the intelligence community and in coordination with the inspector general of that element pursuant to subsection (g), conduct an inspection, review, or audit of such element and may enter into any place occupied by such element for purposes of the performance of the duties of the Inspector General.
Reports
Not later than January 31 and July 31 of each year, the Inspector General of the Intelligence Community shall prepare and submit to the Director of National Intelligence a report summarizing the activities of the Office of the Inspector General of the Intelligence Community during the preceding six-month period. The Inspector General of the Intelligence Community shall provide any portion of the report involving a component of a department of the United States Government to the head of that department simultaneously with submission of the report to the Director of National Intelligence.
Each report under this paragraph shall include the following:
A list of the titles or subjects of each investigation, inspection, review, or audit conducted during the period covered by such report, including a summary of the progress of each particular investigation, inspection, or audit since the preceding report of the Inspector General under this paragraph.
A description of significant problems, abuses, and deficiencies relating to the administration and implementation of programs and operations of the intelligence community, and in the relationships between elements of the intelligence community, identified by the Inspector General during the period covered by such report.
A description of the recommendations for disciplinary action made by the Inspector General during the period covered by such report with respect to significant problems, abuses, or deficiencies described in clause (ii).
A statement of whether or not corrective or disciplinary action has been completed on each significant recommendation described in previous semiannual reports, and, in a case where corrective action has been completed, a description of such corrective action.
A certification of whether or not the Inspector General has had full and direct access to all information relevant to the performance of the functions of the Inspector General.
A description of the exercise of the subpoena authority under subsection (f)(5) by the Inspector General during the period covered by such report.
Any recommendations that the Inspector General considers appropriate for legislation to promote economy, efficiency, and effectiveness in the administration and implementation of matters within the responsibility and authority of the Director of National Intelligence, and to detect and eliminate fraud and abuse in such matters.
Not later than 30 days after the date of receipt of a report under subparagraph (A), the Director shall submit the report to the congressional intelligence committees together with any comments the Director considers appropriate.
Each report submitted under subparagraphs (A) and (C) shall be submitted in unclassified form, but may include a classified annex.
The Inspector General shall report immediately to the Director whenever the Inspector General becomes aware of particularly serious or flagrant problems, abuses, or deficiencies relating to matters within the responsibility and authority of the Director of National Intelligence.
The Director shall submit to the congressional intelligence committees each report under subparagraph (A) within 7 days of the receipt of such report, together with such comments as the Director considers appropriate. The Director shall submit to the committees of the Senate and of the House of Representatives with jurisdiction over a department of the United States Government any portion of each report under subparagraph (A) that involves a problem, abuse, or deficiency related to a component of such department simultaneously with transmission of the report to the congressional intelligence committees.
The Inspector General shall immediately notify and submit a report to the congressional intelligence committees on an investigation, inspection, review, or audit if—
the Inspector General is unable to resolve any significant differences with the Director affecting the execution of the duties or responsibilities of the Inspector General;
the investigation, inspection, review, or audit carried out by the Inspector General focuses on any current or former intelligence community official who—
holds or held a position in an element of the intelligence community that is subject to appointment by the President, whether or not by and with the advice and consent of the Senate, including such a position held on an acting basis;
holds or held a position in an element of the intelligence community, including a position held on an acting basis, that is appointed by the Director of National Intelligence; or
holds or held a position as head of an element of the intelligence community or a position covered by subsection (b) or (c) of section 106;
a matter requires a report by the Inspector General to the Department of Justice on possible criminal conduct by a current or former official described in subparagraph (B);
the Inspector General receives notice from the Department of Justice declining or approving prosecution of possible criminal conduct of any current or former official described in subparagraph (B); or
the Inspector General, after exhausting all possible alternatives, is unable to obtain significant documentary information in the course of such investigation, inspection, review, or audit.
An employee of an element of the intelligence community, an employee assigned or detailed to an element of the intelligence community, or an employee of a contractor of the intelligence community who intends to report to Congress a complaint or information with respect to an urgent concern may report such complaint or information to the Inspector General.
Not later than the end of the 14-day period beginning on the date of receipt from an employee of a complaint or information under subparagraph (A), the Inspector General shall determine whether the complaint or information appears credible. Upon making such a determination, the Inspector General shall submit to the Director a notice of that determination, together with the complaint or information.
Upon receipt of a submittal from the Inspector General under subparagraph (B), the Director shall, not later than 7 days after such receipt, forward such transmittal to the congressional intelligence committees, together with any comments the Director considers appropriate.
If the Inspector General does not find credible under subparagraph (B) a complaint or information submitted under subparagraph (A), or does not submit the complaint or information to the Director in accurate form under subparagraph (B), the employee (subject to clause (ii)) may submit the complaint or information to Congress by contacting either or both of the congressional intelligence committees directly.
An employee may contact the congressional intelligence committees directly as described in clause (i) only if the employee—
before making such a contact, furnishes to the Director, through the Inspector General, a statement of the employee’s complaint or information and notice of the employee’s intent to contact the congressional intelligence committees directly; and
obtains and follows from the Director, through the Inspector General, direction on how to contact the intelligence committees in accordance with appropriate security practices.
A member or employee of one of the congressional intelligence committees who receives a complaint or information under clause (ii) does so in that member or employee’s official capacity as a member or employee of such committee.
The Inspector General shall notify an employee who reports a complaint or information to the Inspector General under this paragraph of each action taken under this paragraph with respect to the complaint or information. Such notice shall be provided not later than 3 days after any such action is taken.
An action taken by the Director or the Inspector General under this paragraph shall not be subject to judicial review.
Nothing in this paragraph shall be construed to limit the protections afforded an employee of or contractor to the Central Intelligence Agency under section 17(e)(3) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403q(e)(3)).
In this paragraph, the term urgent concern means any of the following:
A serious or flagrant problem, abuse, violation of law or Executive order, or deficiency relating to the funding, administration, or operation of an intelligence activity involving classified information, but does not include differences of opinions concerning public policy matters.
A false statement to Congress, or a willful withholding from Congress, on an issue of material fact relating to the funding, administration, or operation of an intelligence activity.
An action, including a personnel action described in section 2302(a)(2)(A) of title 5, United States Code, constituting reprisal or threat of reprisal prohibited under subsection (f)(3)(B) of this section.
In accordance with section 535 of title 28, United States Code, the Inspector General shall report to the Attorney General any information, allegation, or complaint received by the Inspector General relating to violations of Federal criminal law that involves a program or operation of an element of the intelligence community, or in the relationships between the elements of the intelligence community, consistent with such guidelines as may be issued by the Attorney General pursuant to subsection (b)(2) of such section. A copy of each such report shall be furnished to the Director.
Separate budget account
The Director of National Intelligence shall, in accordance with procedures to be issued by the Director in consultation with the congressional intelligence committees, include in the National Intelligence Program budget a separate account for the Office of Inspector General of the Intelligence Community.
Construction of duties regarding elements of intelligence community
Except as resolved pursuant to subsection (g), the performance by the Inspector General of the Intelligence Community of any duty, responsibility, or function regarding an element of the intelligence community shall not be construed to modify or affect the duties and responsibilities of any other inspector general having duties and responsibilities relating to such element.
.
Clerical amendment
The table of contents in the first section of the National Security Act of 1947 (50 U.S.C. 401 note), as amended by section 366 of this Act, is further amended by inserting after the item relating to section 103H the following new item:
Sec. 103I. Inspector General of the Intelligence Community.
.
Repeal of Superseded Authority To Establish Position
Section 8K of the Inspector General Act of 1978 (5 U.S.C. App.) is repealed.
Executive Schedule Level III
Section 5314 of title 5, United States Code, is amended by adding at the end the following new item:
- Inspector General of the Intelligence Community.
.
Applicability date; transition
Applicability
The amendment made by subsection (b) shall apply on the earlier of—
the date of the appointment by the President and confirmation by the Senate of an individual to serve as Inspector General of the Intelligence Community; or
the date of the cessation of the performance of the duties of the Inspector General of the Intelligence Community by the individual serving as the Inspector General of the Office of the Director of National Intelligence as of the date of the enactment of this Act.
Transition
The individual serving as the Inspector General of the Office of the Director of National Intelligence as of the date of the enactment of this Act shall perform the duties of the Inspector General of the Intelligence Community until the individual appointed to the position of Inspector General of the Intelligence Community assumes the duties of such position.
Director of National Intelligence support for reviews of International Traffic in Arms Regulations and Export Administration Regulations
The Director of National Intelligence may provide support for any review conducted by a department or agency of the Federal Government of the International Traffic in Arms Regulations or Export Administration Regulations, including a review of technologies and goods on the United States Munitions List and Commerce Control List that may warrant controls that are different or additional to the controls such technologies and goods are subject to at the time of such review.
Central Intelligence Agency
Review of covert action programs by Inspector General of the Central Intelligence Agency
Section 17 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403q) is amended—
in subsection (b)(4)—
by striking (4) If
and inserting (4)(A) If
; and
by adding at the end the following new subparagraph:
The Director may waive the requirement to submit the statement required under subparagraph (A) within seven days of prohibiting an audit, inspection, or investigation under paragraph (3) if such audit, inspection, or investigation is related to a covert action program. If the Director waives such requirement in accordance with this subparagraph, the Director shall submit the statement required under subparagraph (A) as soon as practicable, along with an explanation of the reasons for delaying the submission of such statement.
;
in subsection (d)(1)—
by redesignating subparagraphs (E) and (F) as subsections (F) and (G), respectively; and
by inserting after subparagraph (D) the following new subparagraph:
a list of the covert actions for which the Inspector General has not completed an audit within the preceding three-year period;
; and
by adding at the end the following new subsection:
Covert action defined
In this section, the term covert action has the meaning given the term in section 503(e) of the National Security Act of 1947 (50 U.S.C. 413b(e)).
.
Prohibition on the use of private contractors for interrogations involving persons in the custody of the Central Intelligence Agency
The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is amended by adding at the end the following new section:
Prohibition on the use of private contractors for interrogations involving persons in the custody of the Central Intelligence Agency
Prohibition
Notwithstanding any other provision of law, the Director of the Central Intelligence Agency shall not expend or obligate funds for payment to any contractor to conduct the interrogation of a detainee or prisoner in the custody of the Central Intelligence Agency.
Exception
In general
The Director of the Central Intelligence Agency may request, and the Director of National Intelligence may grant, a written waiver of the requirement under subsection (a) if the Director of the Central Intelligence Agency determines that—
no employee of the Federal Government is—
capable of performing such interrogation; and
available to perform such interrogation; and
such interrogation is in the national interest of the United States and requires the use of a contractor.
Clarification of applicability of certain laws
Any contractor conducting an interrogation pursuant to a waiver under paragraph (1) shall be subject to all laws on the conduct of interrogations that would apply if an employee of the Federal Government were conducting the interrogation.
.
Appeals from decisions of Central Intelligence Agency contracting officers
Section 8(d) of the Contract Disputes Act of 1978 (41 U.S.C. 607(d)) is amended by inserting before the sentence beginning with In exercising
the following new sentence: Notwithstanding any other provision of law, an appeal from a decision of a contracting officer of the Central Intelligence Agency relative to a contract made by that agency may be filed with whichever of the Armed Services Board or the Civilian Board is specified by the contracting officer as the Board to which such an appeal may be made and the Board so specified shall have jurisdiction to decide that appeal.
.
Deputy Director of the Central Intelligence Agency
Establishment and duties of Deputy Director of CIA
Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by inserting after section 104A the following new section:
Deputy Director of the Central Intelligence Agency
Deputy Director of Central Intelligence Agency
There is a Deputy Director of the Central Intelligence Agency who shall be appointed by the President.
Duties
The Deputy Director of the Central Intelligence Agency shall—
assist the Director of the Central Intelligence Agency in carrying out the duties and responsibilities of the Director of the Central Intelligence Agency; and
during the absence or disability of the Director of the Central Intelligence Agency, or during a vacancy in the position of Director of the Central Intelligence Agency, act for and exercise the powers of the Director of the Central Intelligence Agency.
.
Conforming amendments
Executive schedule III
Section 5314 of title 5, United States Code, is amended by striking Deputy Directors of Central Intelligence (2)
and inserting Deputy Director of the Central Intelligence Agency
.
Table of contents
The table of contents in the first section of the National Security Act of 1947 (50 U.S.C. 401 note) is amended by inserting after the item relating to section 104A the following new item:
Sec. 104B. Deputy Director of the Central Intelligence Agency.
.
Applicability
The amendments made by this section shall apply on the earlier of—
the date of the appointment by the President of an individual to serve as Deputy Director of the Central Intelligence Agency, except that the individual administratively performing the duties of the Deputy Director of the Central Intelligence Agency as of the date of the enactment of this Act may continue to perform such duties until the individual appointed to the position of Deputy Director of the Central Intelligence Agency assumes the duties of such position; or
the date of the cessation of the performance of the duties of the Deputy Director of the Central Intelligence Agency by the individual administratively performing such duties as of the date of the enactment of this Act.
Protection against reprisals
Section 17(e)(3)(B) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403q(e)(3)(B)) is amended by inserting or providing such information
after making such complaint
.
Requirement for video recording of interrogations of persons in the custody of the Central Intelligence Agency
In general
The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), as amended by section 412 of this Act, is further amended by adding at the end the following new section:
Requirement for video recording of interrogations of persons in the custody of the Central Intelligence Agency
In general
Except as provided in subsection (b), the Director of the Central Intelligence Agency shall establish guidelines to ensure that each interrogation of a person who is in the custody of the Central Intelligence Agency is recorded in video form and that the video recording of such interrogation is maintained—
for not less than 10 years from the date on which such recording is made; and
until such time as such recording is no longer relevant to an ongoing or anticipated legal proceeding or investigation or required to be maintained under any other provision of law.
Exception
The requirement to record an interrogation in video form under subsection (a) shall not apply with respect to an interrogation incident to arrest conducted by Agency personnel designated by the Director under section 15(a) that are assigned to the headquarters of the Central Intelligence Agency and acting in the official capacity of such personnel.
Interrogation defined
In this section, the term interrogation means the systematic process of attempting to obtain information from an uncooperative detainee.
.
Submission of guidelines
Not later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall submit to the congressional intelligence committees the guidelines developed under section 25(a) of the Central Intelligence Agency Act of 1949, as added by subsection (a) of this section. Such guidelines shall be submitted in unclassified form, but may contain a classified annex.
Other Elements
Homeland Security intelligence elements
Section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)) is amended—
in subparagraph (H), by inserting the Coast Guard,
after the Marine Corps,
; and
in subparagraph (K), by striking The elements
and all that follows through the Coast Guard
and inserting The Office of Intelligence and Analysis of the Department of Homeland Security
.
Clarification of inclusion of Drug Enforcement Administration as an element of the intelligence community
Section 3(4)(H) of the National Security Act of 1947 (50 U.S.C. 401a(4)(H)), as amended by section 421 of this Act, is further amended by inserting the Drug Enforcement Administration,
after the Federal Bureau of Investigation,
.
Repeal of certain authorities relating to the Office of the National Counterintelligence Executive
Repeal of certain authorities
Section 904 of the Counterintelligence Enhancement Act of 2002 (title IX of Public Law 107–306; 50 U.S.C. 402c) is amended—
by striking subsections (d), (h), (i), and (j);
by redesignating subsections (e), (f), (g), (k), (l), and (m) as subsections (d), (e), (f), (g), (h), and (i), respectively; and
in subsection (f), as redesignated by paragraph (2) of this subsection, by striking paragraphs (3) and (4).
Conforming amendments
Such section 904 is further amended—
in subsection (d), as redesignated by subsection (a)(2) of this section—
in paragraph (1), by striking subsection (f)
and inserting subsection (e)
; and
in paragraph (2), by striking subsection (f)
and inserting subsection (e)
; and
in subsection (e), as so redesignated—
in paragraph (1), by striking subsection (e)(1)
and inserting subsection (d)(1)
; and
in paragraph (2), by striking subsection (e)(2)
and inserting subsection (d)(2)
.
Confirmation of appointment of heads of certain components of the intelligence community
Director of National Security Agency
The National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended by inserting after the first section the following new section:
There is a Director of the National Security Agency.
The Director of the National Security Agency shall be appointed by the President, by and with the advice and consent of the Senate.
The Director of the National Security Agency shall be the head of the National Security Agency and shall discharge such functions and duties as are provided by this Act or otherwise by law.
.
Director of National Reconnaissance Office
The Director of the National Reconnaissance Office shall be appointed by the President, by and with the advice and consent of the Senate.
Conforming amendment
Section 106(b)(2) of the National Security Act of 1947 (50 U.S.C. 403–6(b)(2)) is amended—
by striking subparagraphs (A) and (B);
by redesignating subparagraphs (C) through (I) as subparagraphs (A) through (G), respectively; and
by moving subparagraph (G), as redesignated by paragraph (2) of this subsection, 2 ems to the left.
Effective date and applicability
The amendment made by subsection (a) and the provisions of subsection (b) shall apply upon the earlier of—
the date of the nomination by the President of an individual to serve in the position concerned, except that the individual serving in such position as of the date of the enactment of this Act may continue to perform such duties after such date of nomination and until the individual appointed to such position, by and with the advice and consent of the Senate, assumes the duties of such position; or
the date of the cessation of the performance of the duties of such position by the individual performing such duties as of the date of the enactment of this Act.
Associate Director of the National Security Agency for Compliance and Training
The National Security Agency Act of 1959 (50 U.S.C. 402 note), as amended by section 424 of this Act, is further amended by inserting after section 2 (as added by such section 424) the following new section:
There is an Associate Director of the National Security Agency for Compliance and Training, who shall be appointed by the Director of the National Security Agency.
The Associate Director of the National Security Agency for Compliance and Training shall ensure that—
all programs and activities of the National Security Agency are conducted in a manner consistent with all applicable laws, regulations, and policies; and
the training of relevant personnel is sufficient to ensure that such programs and activities are conducted in such a manner.
.
Charter for the National Reconnaissance Office
Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence and the Secretary of Defense shall jointly submit to the congressional intelligence committees and the congressional defense committees (as defined in section 101(a)(16) of title 10, United States Code) a revised charter for the National Reconnaissance Office (in this section referred to as the NRO
). The charter shall include the following:
The organizational and governance structure of the NRO.
NRO participation in the development and generation of requirements and acquisition.
The scope of NRO capabilities.
The roles and responsibilities of the NRO and the relationship of the NRO to other elements of the intelligence community and the defense community.
OTHER MATTERS
General Intelligence Matters
Extension of National Commission for the Review of the Research and Development Programs of the United States Intelligence Community
Extension
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 February 1, 2011
.
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.
Commission membership
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).
Technical amendment
Paragraph (1) of section 1002(b) of such Act is amended by striking The Deputy Director of Central Intelligence for Community Management.
and inserting The Principal Deputy Director of National Intelligence.
.
Clarification of duties
Section 1002(i) of such Act is amended in the matter preceding paragraph (1) by striking including—
and inserting including advanced research and development programs and activities. Such review shall include—
.
Funding
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).
Availability
Amounts made available to the Commission pursuant to paragraph (1) shall remain available until expended.
Classification review of executive branch materials in the possession of the congressional intelligence committees
The Director of National Intelligence shall, in accordance with procedures established by each of the congressional intelligence committees, conduct a classification review of materials in the possession of each of those committees that—
are not less than 25 years old; and
were created, or provided to that committee, by the executive branch.
Prohibition on use of funds to provide Miranda warnings to certain persons outside of the United States
None of the funds authorized to be appropriated by this Act may be used to provide the warnings of constitutional rights described in Miranda v. Arizona, 384 U.S. 436 (U.S. 1966), to a person located outside of the United States who is not a United States person and is—
suspected of terrorism, associated with terrorists, or believed to have knowledge of terrorists; or
a detainee in the custody of the Armed Forces of the United States.
Sense of Congress honoring the contributions of the Central Intelligence Agency
It is the sense of Congress to—
honor the Central Intelligence Agency for its contributions to the security of the United States and its allies;
recognize the Central Intelligence Agency’s unique role in combating terrorism;
praise the Central Intelligence Agency for its success in foiling recent terrorist plots and capturing senior members of al-Qaeda;
thank the Central Intelligence Agency for its crucial support of United States military operations in Afghanistan and Iraq;
commend the men and women who gave their lives defending the United States in the service of the Central Intelligence Agency, especially noting those individuals who remain unnamed; and
urge the Central Intelligence Agency to continue its dedicated work in the field of intelligence-gathering in order to protect the people of the United States.
Review of intelligence to determine if foreign connection to anthrax attacks exists
Review
The Inspector General of the Intelligence Community shall conduct a review of available intelligence, including raw and unfinished intelligence, to determine if there is any credible evidence of a connection between a foreign entity and the attacks on the United States in 2001 involving anthrax.
Report
In general
The Inspector General shall submit to the Permanent Select Committee on Intelligence, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate a report containing the findings of the review conducted under subsection (a).
Form
The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
Cybersecurity task force
Establishment
There is established a cybersecurity task force (in this section referred to as the Task Force
).
Membership
In general
The Task Force shall consist of the following members:
One member appointed by the Attorney General.
One member appointed by the Director of the National Security Agency.
One member appointed by the Director of National Intelligence.
One member appointed by the White House Cybersecurity Coordinator.
One member appointed by the head of any other agency or department that is designated by the Attorney General to appoint a member to the Task Force.
Chair
The member of the Task Force appointed pursuant to paragraph (1)(A) shall serve as the Chair of the Task Force.
Study
The Task Force shall conduct a study of existing tools and provisions of law used by the intelligence community and law enforcement agencies to protect the cybersecurity of the United States.
Report
Initial
Not later than 1 year after the date of the enactment of this Act, the Task Force shall submit to Congress a report containing guidelines or legislative recommendations to improve the capabilities of the intelligence community and law enforcement agencies to protect the cybersecurity of the United States. Such report shall include guidelines or legislative recommendations on—
improving the ability of the intelligence community to detect hostile actions and attribute attacks to specific parties;
the need for data retention requirements to assist the intelligence community and law enforcement agencies;
improving the ability of the intelligence community to anticipate nontraditional targets of foreign intelligence services; and
the adequacy of existing criminal statutes to successfully deter cyber attacks, including statutes criminalizing the facilitation of criminal acts, the scope of laws for which a cyber crime constitutes a predicate offense, trespassing statutes, data breach notification requirements, and victim restitution statutes.
Subsequent
Not later than 1 year after the date on which the initial report is submitted under paragraph (1), and annually thereafter for 2 years, the Task Force shall submit to Congress an update of the report required under paragraph (1).
Termination
The Task Force shall terminate on the date that is 60 days after the date on which the last update of a report required under subsection (d)(2) is submitted.
Technical Amendments
Technical amendments to the Central Intelligence Agency Act of 1949
The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is amended—
in section 5(a)(1), by striking authorized under paragraphs (2) and (3)
and all that follows through (50 U.S.C. 403(a)(2), (3), 403–3(c)(7), (d), 403–4(a), (g), and 405)
and inserting authorized under section 104A of the National Security Act of 1947 (50 U.S.C. 403–4a)
; and
in section 17(d)(3)(B)—
in clause (i), by striking advise
and inserting advice
; and
in clause (ii)—
in subclause (I), by striking Executive Director
and inserting Associate Deputy Director
;
in subclause (II), by striking Deputy Director for Operations
and inserting Director of the National Clandestine Service
;
in subclause (III), by striking Deputy Director for Intelligence
and inserting Director of Intelligence
;
in subclause (IV), by striking Deputy Director for Administration
and inserting Director of Support
; and
in subclause (V), by striking Deputy Director for Science and Technology
and inserting Director of Science and Technology
.
Technical amendment to mandatory retirement provision of Central Intelligence Agency Retirement Act
Section 235(b)(1)(A) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2055(b)(1)(A)) is amended to read as follows:
Upon reaching age 65, in the case of a participant in the system who is at the Senior Intelligence Service rank of level 4 or above; and
.
Technical amendments to the Executive Schedule
Executive Schedule Level II
Section 5313 of title 5, United States Code, is amended by striking the item relating to the Director of Central Intelligence and inserting the following new item:
- Director of the Central Intelligence Agency.
.
Executive Schedule Level IV
Section 5315 of title 5, United States Code is amended by striking the item relating to the General Counsel of the Office of the National Intelligence Director and inserting the following new item:
- General Counsel of the Office of the Director of National Intelligence.
.
Technical amendments to the Foreign Intelligence Surveillance Act of 1978
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended—
in section 101—
in subsection (a), by moving paragraph (7) 2 ems to the right; and
by moving subsections (b) through (p) 2 ems to the right;
in section 103, by redesignating subsection (i) as subsection (h);
in section 109(a)—
in paragraph (1), by striking section 112.;
and inserting section 112;
; and
in paragraph (2), by striking the second period;
in section 301(1), by striking
and all that follows through United States
and
and inserting State
;United States
, person
, weapon of mass destruction
, and State
in section 304(b), by striking subsection (a)(3)
and inserting subsection (a)(2)
; and
in section 502(a), by striking a annual
and inserting an annual
.
Technical amendments to section 105 of the Intelligence Authorization Act for Fiscal Year 2004
Section 105(b) of the Intelligence Authorization Act for Fiscal Year 2004 (Public Law 108–177; 117 Stat. 2603; 31 U.S.C. 311 note) is amended—
by striking Director of Central Intelligence
and inserting Director of National Intelligence
; and
by inserting or in section 313 of such title,
after subsection (a)),
.
Technical amendments to the Intelligence Reform and Terrorism Prevention Act of 2004
The Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 118 Stat. 3638) is amended—
in section 1016(e)(10)(B) (6 U.S.C. 485(e)(10)(B)), by striking Attorney General
the second place it appears and inserting Department of Justice
;
in section 2001 (28 U.S.C. 532 note)—
in subsection (c)(1)—
by striking shall,
and inserting shall
; and
by inserting of
before an institutional culture
;
in subsection (e)(2), by striking the National Intelligence Director in a manner consistent with section 112(e)
and inserting the Director of National Intelligence in a manner consistent with applicable law
; and
in subsection (f) in the matter preceding paragraph (1), by striking shall,
and inserting shall
; and
in section 2006 (28 U.S.C. 509 note)—
in paragraph (2), by striking the Federal
and inserting Federal
; and
in paragraph (3), by striking the specific
and inserting specific
.
Technical amendments relating to the multiyear National Intelligence Program
Section 1403 of the National Defense Authorization Act for Fiscal Year 1991 (50 U.S.C. 404b) is amended—
in the heading, by striking foreign
;
in subsection (a)—
in the heading, by striking foreign
;
by striking foreign
each place it appears; and
by striking Director of Central Intelligence
and inserting Director of National Intelligence
;
in subsection (b), by striking The Director
and inserting The Director of National Intelligence
; and
in subsection (c)—
by striking Director of Central Intelligence
and inserting Director of National Intelligence
; and
by striking section 114a
and inserting section 221
.
Technical amendments to the National Security Act of 1947
The National Security Act of 1947 (50 U.S.C. 401 et seq.) is further amended—
section 3(4)(L), by striking other
the second place it appears;
in section 102A—
in subsection (c)(3)(A), by striking annual budgets for the Joint Military Intelligence Program and for Tactical Intelligence and Related Activities
and inserting annual budget for the Military Intelligence Program or any successor program
;
in subsection (d)—
in paragraph (1)(B), by striking Joint Military Intelligence Program
and inserting Military Intelligence Program or any successor program
;
in paragraph (3) in the matter preceding subparagraph (A), by striking subparagraph (A)
and inserting paragraph (1)(A)
; and
in paragraph (5)—
in subparagraph (A), by striking or personnel
in the matter preceding clause (i); and
in subparagraph (B), by striking or agency involved
in the second sentence and inserting involved or the Director of the Central Intelligence Agency (in the case of the Central Intelligence Agency)
;
in subsection (l)(2)(B), by striking section
and inserting paragraph
; and
in subsection (n), by inserting and Other
after Acquisition
;
in section 103(b), by striking , the National Security Act of 1947 (50 U.S.C. 401 et seq.),
;
in section 104A(g)(1) in the matter preceding subparagraph (A), by striking Directorate of Operations
and inserting National Clandestine Service
;
in section 119(c)(2)(B) (50 U.S.C. 404o(c)(2)(B)), by striking subsection (h)
and inserting subsection (i)
;
in section 701(b)(1), by striking Directorate of Operations
and inserting National Clandestine Service
;
in section 705(e)(2)(D)(i) (50 U.S.C. 432c(e)(2)(D)(i)), by striking responsible
and inserting responsive
; and
in the table of contents in the first section—
by striking the item relating to section 1002; and
by inserting after the item relating to section 1001 the following new item:
Sec. 1002. Framework for cross-disciplinary education and training.
.
Technical amendments to title 10, United States Code
Section 528(c) of title 10, United States Code, is amended—
in the heading, by striking Associate Director of CIA for Military Affairs
and inserting Associate Director of Military Affairs, CIA
; and
by striking Associate Director of the Central Intelligence Agency for Military Affairs
and inserting Associate Director of Military Affairs, Central Intelligence Agency, or any successor position
.
Passed the House of Representatives February 26, 2010.
Lorraine C. Miller,
Clerk.
