[Congressional Record: October 3, 2007 (Senate)]
[Page S12456-S12476]
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2008
Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the
Senate proceed to the immediate consideration of Calendar No. 222, S.
1538.
[[Page S12457]]
The ACTING PRESIDENT pro tempore.
The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (S. 1538) to authorize appropriations for fiscal
year 2008 for the intelligence and intelligence-related
activities of the United States Government, the Intelligence
Community Management Account, and the Central Intelligence
Agency Retirement and Disability System, and for other
purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Armed Services, with
amendments, as follows:
(The parts of the bill intended to be stricken are shown in boldface
brackets and the parts of the bill intended to be inserted are shown in
italics.)
S. 1538
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Intelligence Authorization Act for Fiscal Year 2008''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel level adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Incorporation of reporting requirements.
Sec. 106. Development and acquisition program.
Sec. 107. Availability to public of certain intelligence funding
information.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
Sec. 202. Technical modification to mandatory retirement provision of
Central Intelligence Agency Retirement Act.
TITLE III--INTELLIGENCE AND GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Clarification of definition of intelligence community under
the National Security Act of 1947.
Sec. 304. Delegation of authority for travel on common carriers for
intelligence collection personnel.
Sec. 305. Modification of availability of funds for different
intelligence activities.
Sec. 306. Increase in penalties for disclosure of undercover
intelligence officers and agents.
Sec. 307. Extension to intelligence community of authority to delete
information about receipt and disposition of foreign
gifts and decorations.
Sec. 308. Public Interest Declassification Board.
Sec. 309. Enhanced flexibility in non-reimbursable details to elements
of the intelligence community.
Sec. 310. Director of National Intelligence report on compliance with
the Detainee Treatment Act of 2005 and related provisions
of the Military Commissions Act of 2006.
Sec. 311. Terms of service of Program Manager for the Information
Sharing Environment and the Information Sharing Council.
Sec. 312. Improvement of notification of Congress regarding
intelligence activities of the United States Government.
Sec. 313. Additional limitation on availability of funds for
intelligence and intelligence-related activities.
Sec. 314. Vulnerability assessments of major systems.
Sec. 315. Annual personnel level assessments for the intelligence
community.
Sec. 316. Business enterprise architecture and business system
modernization for the intelligence community.
Sec. 317. Reports on the acquisition of major systems.
Sec. 318. Excessive cost growth of major systems.
Sec. 319. Submittal to Congress of certain court orders under the
Foreign Intelligence Surveillance Act of 1978.
Sec. 320. Submittal to Congress of certain President's Daily Briefs on
Iraq.
Sec. 321. National intelligence estimate on global climate change.
Sec. 322. Repeal of certain reporting requirements.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Requirements for accountability reviews by the Director of
National Intelligence.
Sec. 402. Additional authorities of the Director of National
Intelligence on intelligence information sharing.
Sec. 403. Modification of limitation on delegation by the Director of
National Intelligence of the protection of intelligence
sources and methods.
Sec. 404. Additional administrative authority of the Director of
National Intelligence.
Sec. 405. Enhancement of authority of the Director of National
Intelligence for flexible personnel management among the
elements of the intelligence community.
Sec. 406. Clarification of limitation on co-location of the Office of
the Director of National Intelligence.
Sec. 407. Additional duties of the Director of Science and Technology
of the Office of the Director of National Intelligence.
Sec. 408. Title of Chief Information Officer of the Intelligence
Community.
Sec. 409. Reserve for Contingencies of the Office of the Director of
National Intelligence.
Sec. 410. Inspector General of the Intelligence Community.
Sec. 411. Leadership and location of certain offices and officials.
Sec. 412. National Space Intelligence Office.
Sec. 413. Operational files in the Office of the Director of National
Intelligence.
Sec. 414. Repeal of certain authorities relating to the Office of the
National Counter-intelligence Executive.
Sec. 415. Inapplicability of Federal Advisory Committee Act to advisory
committees of the Office of the Director of National
Intelligence.
Sec. 416. Membership of the Director of National Intelligence on the
Transportation Security Oversight Board.
Sec. 417. Applicability of the Privacy Act to the Director of National
Intelligence and the Office of the Director of National
Intelligence.
Subtitle B--Central Intelligence Agency
Sec. 421. Director and Deputy Director of the Central Intelligence
Agency.
Sec. 422. Inapplicability to Director of the Central Intelligence
Agency of requirement for annual report on progress in
auditable financial statements.
Sec. 423. Additional functions and authorities for protective personnel
of the Central Intelligence Agency.
Sec. 424. Technical amendments relating to titles of certain Central
Intelligence Agency positions.
Sec. 425. Availability of the Executive Summary of the report on
Central Intelligence Agency accountability regarding the
terrorist attacks of September 11, 2001.
Sec. 426. Director of National Intelligence report on retirement
benefits for former employees of Air America.
Subtitle C--Defense Intelligence Components
Sec. 431. Enhancements of National Security Agency training program.
Sec. 432. Codification of authorities of National Security Agency
protective personnel.
Sec. 433. Inspector general matters.
Sec. 434. Confirmation of appointment of heads of certain components of
the intelligence community.
Sec. 435. Clarification of national security missions of National
Geospatial-Intelligence Agency for analysis and
dissemination of certain intelligence information.
Sec. 436. Security clearances in the National Geospatial-Intelligence
Agency.
Subtitle D--Other Elements
Sec. 441. Clarification of inclusion of Coast Guard and Drug
Enforcement Administration as elements of the
intelligence community.
Sec. 442. Clarifying amendments relating to Section 105 of the
Intelligence Authorization Act for Fiscal Year 2004.
TITLE V--OTHER MATTERS
Sec. 501. Technical amendments to the National Security Act of 1947.
Sec. 502. Technical clarification of certain references to Joint
Military Intelligence Program and Tactical Intelligence
and Related Activities.
Sec. 503. Technical amendments to the Intelligence Reform and Terrorism
Prevention Act of 2004.
Sec. 504. Technical amendments to title 10, United States Code, arising
from enactment of the Intelligence Reform and Terrorism
Prevention Act of 2004.
Sec. 505. Technical amendment to the Central Intelligence Agency Act of
1949.
[[Page S12458]]
Sec. 506. Technical amendments relating to the multiyear National
Intelligence Program.
Sec. 507. Technical amendments to the Executive Schedule.
Sec. 508. Technical amendments relating to redesignation of the
National Imagery and Mapping Agency as the National
Geospatial-Intelligence Agency.
Sec. 509. Other technical amendments relating to responsibility of the
Director of National Intelligence as head of the
intelligence community.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2008 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Department of State.
(8) The Department of the Treasury.
(9) The Department of Energy.
(10) The Department of Justice.
(11) The Federal Bureau of Investigation.
(12) The National Reconnaissance Office.
(13) The National Geospatial-Intelligence Agency.
(14) The Coast Guard.
(15) The Department of Homeland Security.
(16) The Drug Enforcement Administration.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Levels.--The
amounts authorized to be appropriated under section 101, and
the authorized personnel levels (expressed as full-time
equivalent positions) as of September 30, 2008, for the
conduct of the intelligence and intelligence-related
activities of the elements listed in such section, are those
specified in the classified Schedule of Authorizations
prepared to accompany the conference report on the bill ___
of the One Hundred Tenth Congress.
(b) Availability of Classified Schedule of
Authorizations.--The Schedule of Authorizations shall be made
available to the Committees on Appropriations of the Senate
and House of Representatives and to the President. The
President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within
the executive branch.
SEC. 103. PERSONNEL LEVEL ADJUSTMENTS.
(a) Authority for Adjustments.--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 of authorized full-time
equivalent positions for fiscal year 2008 under section 102
when the Director of National Intelligence determines that
such action is necessary to the performance of important
intelligence functions, except that the number of personnel
employed in excess of the number authorized under such
section may not, for any element of the intelligence
community, exceed 5 percent of the number of civilian
personnel authorized under such section for such element.
(b) Authority for Conversion of Activities Performed by
Contractors.--In addition to the authority in subsection (a),
upon a determination by the head of an element in the
intelligence community that activities currently being
performed by contractor employees should be performed by
government employees, the concurrence of the Director of
National Intelligence in such determination, and the approval
of the Director of the Office of Management and Budget, the
Director of National Intelligence may authorize employment of
additional full-time equivalent personnel in such element of
the intelligence community equal to the number of full-time
equivalent contractor employees performing such activities.
(c) Notice to Intelligence Committees.--The Director of
National Intelligence shall notify the Select Committee on
Intelligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives in writing at
least 15 days before each exercise of the authority in
subsection (a) or (b).
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal
year 2008 the sum of $715,076,000. 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, 2009.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of
National Intelligence are authorized 1768 full-time
equivalent personnel as of September 30, 2008. Personnel
serving in such elements may be permanent employees of the
Intelligence Community Management Account or personnel
detailed from other elements of the United States Government.
(c) 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 in elements within the Intelligence
Community Management Account.
(d) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
also authorized to be appropriated for the Intelligence
Community Management Account for fiscal year 2008 such
additional amounts as are specified in the classified
Schedule of Authorizations referred to in section 102(a).
Such additional amounts for research and development shall
remain available until September 30, 2009.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2008, there are also authorized such additional personnel for
such elements as of that date as are specified in the
classified Schedule of Authorizations.
SEC. 105. INCORPORATION OF REPORTING REQUIREMENTS.
(a) In General.--Each requirement to submit a report to the
congressional intelligence committees that is included in the
joint explanatory statement to accompany the conference
report on the bill ___ of the One Hundred Tenth Congress, or
in the classified annex to this Act, is hereby incorporated
into this Act, and is hereby made a requirement in law.
(b) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees''
means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 106. DEVELOPMENT AND ACQUISITION PROGRAM.
Of the funds appropriated for the National Intelligence
Program for fiscal year 2008, and of funds currently
available for obligation for any prior fiscal year, the
Director of National Intelligence shall transfer not less
than the amount specified in the classified annex to the
Office of the Director of National Intelligence to fund the
development and acquisition of the program specified in the
classified annex. The funds as so transferred shall be
available without fiscal year limitation.
SEC. 107. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE
FUNDING INFORMATION.
(a) Amounts Requested Each Fiscal Year.--The President
shall disclose to the public for each fiscal year after
fiscal year 2008 the aggregate amount of appropriations
requested by the President for such fiscal year for the
National Intelligence Program.
(b) Amounts Authorized and Appropriated Each Fiscal Year.--
Congress shall disclose to the public for each fiscal year
after fiscal year 2007 the aggregate amount of funds
authorized to be appropriated, and the aggregate amount of
funds appropriated, by Congress for such fiscal year for the
National Intelligence Program.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal
year 2008 the sum of $262,500,000.
SEC. 202. TECHNICAL MODIFICATION 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 by
striking ``receiving compensation under the Senior
Intelligence Service pay schedule at the rate'' and inserting
``who is at the Senior Intelligence Service rank''.
TITLE III--INTELLIGENCE AND GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits
authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not
be deemed to constitute authority for the conduct of any
intelligence activity which is not otherwise authorized by
the Constitution or the laws of the United States.
SEC. 303. CLARIFICATION OF DEFINITION OF INTELLIGENCE
COMMUNITY UNDER THE NATIONAL SECURITY ACT OF
1947.
Subparagraph (L) of section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a(4)) is amended by striking
``other'' the second place it appears.
SEC. 304. DELEGATION OF AUTHORITY FOR TRAVEL ON COMMON
CARRIERS FOR INTELLIGENCE COLLECTION PERSONNEL.
(a) Delegation of Authority.--Section 116(b) of the
National Security Act of 1947 (50 U.S.C. 404k(b)) is
amended--
[[Page S12459]]
(1) by inserting ``(1)'' before ``The Director'';
(2) in paragraph (1), by striking ``may only delegate'' and
all that follows and inserting ``may delegate the authority
in subsection (a) to the head of any other element of the
intelligence community.''; and
(3) by adding at the end the following new paragraph:
``(2) The head of an element of the intelligence community
to whom the authority in subsection (a) is delegated pursuant
to paragraph (1) may further delegate such authority to such
senior officials of such element as are specified in
guidelines prescribed by the Director of National
Intelligence for purposes of this paragraph.''.
(b) Submittal of Guidelines to Congress.--Not later than
six months after the date of the enactment of this Act, the
Director of National Intelligence shall prescribe and submit
to the congressional intelligence committees the guidelines
referred to in paragraph (2) of section 116(b) of the
National Security Act of 1947, as added by subsection (a).
(c) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees''
means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 305. MODIFICATION OF AVAILABILITY OF FUNDS FOR DIFFERENT
INTELLIGENCE ACTIVITIES.
Subparagraph (B) of section 504(a)(3) of the National
Security Act of 1947 (50 U.S.C. 414(a)(3)) is amended to read
as follows:
``(B) the use of such funds for such activity supports an
emergent need, improves program effectiveness, or increases
efficiency; and''.
SEC. 306. INCREASE IN PENALTIES FOR DISCLOSURE OF UNDERCOVER
INTELLIGENCE OFFICERS AND AGENTS.
(a) Disclosure of Agent After Access to Information
Identifying Agent.--Subsection (a) of section 601 of the
National Security Act of 1947 (50 U.S.C. 421) is amended by
striking ``ten years'' and inserting ``15 years''.
(b) Disclosure of Agent After Access to Classified
Information.--Subsection (b) of such section is amended by
striking ``five years'' and inserting ``ten years''.
SEC. 307. EXTENSION TO INTELLIGENCE COMMUNITY OF AUTHORITY TO
DELETE INFORMATION ABOUT RECEIPT AND
DISPOSITION OF FOREIGN GIFTS AND DECORATIONS.
Paragraph (4) of section 7342(f) of title 5, United States
Code, is amended to read as follows:
``(4)(A) In transmitting such listings for an element of
the intelligence community, the head of such element may
delete the information described in subparagraphs (A) and (C)
of paragraphs (2) and (3) if the head of such element
certifies in writing to the Secretary of State that the
publication of such information could adversely affect United
States intelligence sources or methods.
``(B) Any information not provided to the Secretary of
State pursuant to the authority in subparagraph (A) shall be
transmitted to the Director of National Intelligence.
``(C) In this paragraph, the term `element of the
intelligence community' means an element of the intelligence
community listed in or designated under section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4)).''.
SEC. 308. PUBLIC INTEREST DECLASSIFICATION BOARD.
The Public Interest Declassification Act of 2000 (50 U.S.C.
435 note) is amended--
(1) in section 704(e)--
(A) by striking ``If requested'' and inserting the
following:
``(1) In general.--If requested''; and
(B) by adding at the end the following:
``(2) Authority of board.--Upon receiving a congressional
request described in section 703(b)(5), the Board may conduct
the review and make the recommendations described in that
section, regardless of whether such a review is requested by
the President.
``(3) Reporting.--Any recommendations submitted to the
President by the Board under section 703(b)(5), shall be
submitted to the chairman and ranking member of the committee
of Congress that made the request relating to such
recommendations.''; and
(2) in section 710(b), by striking ``8 years after the date
of the enactment of this Act'' and inserting ``on December
31, 2012''.
SEC. 309. ENHANCED FLEXIBILITY IN NON-REIMBURSABLE DETAILS TO
ELEMENTS OF THE INTELLIGENCE COMMUNITY.
(a) In General.--Except as provided in section 113 of the
National Security Act of 1947 (50 U.S.C. 404h) and section
904(g)(2) of the Counterintelligence Enhancement Act of 2002
(title IX of Public Law 107-306; 50 U.S.C. 402c(g)(2)) and
notwithstanding any other provision of law, in any fiscal
year after fiscal year 2007 an officer or employee of the
United States or member of the Armed Forces may be detailed
to the staff of an element of the intelligence community
funded through the Community Management Account from another
element of the United States Government on a reimbursable or
non-reimbursable basis, as jointly agreed to by the Director
of National Intelligence and the head of the detailing
element (or the designees of such officials), for a period
not to exceed three years.
(b) Element of the Intelligence Community Defined.--In this
section, the term ``element of the intelligence community''
means an element of the intelligence community listed in or
designated under section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).
SEC. 310. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON
COMPLIANCE WITH THE DETAINEE TREATMENT ACT OF
2005 AND RELATED PROVISIONS OF THE MILITARY
COMMISSIONS ACT OF 2006.
(a) Report Required.--Not later than September 1, 2007, the
Director of National Intelligence shall submit to the
[congressional intelligence committees] appropriate
committees of Congress a comprehensive report on all measures
taken by the Office of the Director of National Intelligence
and by each element, if any, of the intelligence community
with relevant responsibilities to comply with the provisions
of the Detainee Treatment Act of 2005 (title X of division A
of Public Law 109-148) and related provisions of the Military
Commissions Act of 2006 (Public Law 109-366).
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of the detention or interrogation
methods, if any, that have been determined to comply with
section 1003 of the Detainee Treatment Act of 2005 (119 Stat.
2739; 42 U.S.C. 2000dd) and section 6 of the Military
Commissions Act of 2006 (120 Stat. 2632; 18 U.S.C. 2441 note)
(including the amendments made by such section 6), and, with
respect to each such method--
(A) an identification of the official making such
determination; and
(B) a statement of the basis for such determination.
(2) A description of the detention or interrogation
methods, if any, whose use has been discontinued pursuant to
the Detainee Treatment Act of 2005 or the Military Commission
Act of 2006, and, with respect to each such method--
(A) an identification of the official making the
determination to discontinue such method; and
(B) a statement of the basis for such determination.
(3) A description of any actions that have been taken to
implement section 1004 of the Detainee Treatment Act of 2005
(119 Stat. 2740; 42 U.S.C. 2000dd-1), and, with respect to
each such action--
(A) an identification of the official taking such action;
and
(B) a statement of the basis for such action.
(4) Any other matters that the Director considers necessary
to fully and currently inform the [congressional intelligence
committees] appropriate committees of Congress about the
implementation of the Detainee Treatment Act of 2005 and
related provisions of the Military Commissions Act of 2006.
(5) An appendix containing--
(A) all guidelines for the application of the Detainee
Treatment Act of 2005 and related provisions of the Military
Commissions Act of 2006 to the detention or interrogation
activities, if any, of any element of the intelligence
community; and
(B) all legal justifications of any office or official of
the Department of Justice about the meaning or application of
Detainee Treatment Act of 2005 or related provisions of the
Military Commissions Act of 2006 with respect to the
detention or interrogation activities, if any, of any element
of the intelligence community.
(c) Form.--The report required by subsection (a) shall be
submitted in classified form.
(d) Definitions.--In this section:
[(1) The term ``congressional intelligence committees''
means--
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee of the House of
Representatives.]
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(2) The term ``element of the intelligence community''
means the elements of the intelligence community specified in
or designated under section 3(4) of the National Security Act
of 1947 (50 U.S.C. 401a(4)).
SEC. 311. TERMS OF SERVICE OF PROGRAM MANAGER FOR THE
INFORMATION SHARING ENVIRONMENT AND THE
INFORMATION SHARING COUNCIL.
Section 1016 of the National Security Intelligence Reform
Act of 2004 (title I of Public Law 108-458; 6 U.S.C. 485) is
amended--
(1) in subsection (f)(1), by striking ``during the two-year
period beginning on the date of designation under this
paragraph unless sooner'' and inserting ``until''; and
(2) in subsection (g)(1), by striking ``during the two-year
period beginning on the date of the initial designation of
the program manager by the President under subsection (f)(1),
unless sooner'' and inserting ``until''.
SEC. 312. IMPROVEMENT OF NOTIFICATION OF CONGRESS REGARDING
INTELLIGENCE ACTIVITIES OF THE UNITED STATES
GOVERNMENT.
(a) Notice on Information Not Disclosed.--
(1) In general.--Section 502 of the National Security Act
of 1947 (50 U.S.C. 413a) is amended--
(A) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
[[Page S12460]]
(B) by inserting after subsection (a) the following new
subsection (b):
``(b) Notice on Information Not Disclosed.--
``(1) If the Director of National Intelligence or the head
of a department, agency, or other entity of the United States
Government does not provide information required by
subsection (a) in full or to all the members of the
congressional intelligence committees, and requests that such
information not be provided, the Director shall, in a timely
fashion, notify such committees of the determination not to
provide such information in full or to all members of such
committees. Such notice shall be submitted in writing in a
classified form, include a statement of the reasons for such
determination and description that provides the main features
of the intelligence activities covered by such determination,
and contain no restriction on access to this notice by all
members of the committee.
``(2) Nothing in this subsection shall be construed as
authorizing less than full and current disclosure to all the
members of the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the
House of Representatives of any information necessary to keep
all the members of such committees fully and currently
informed on all intelligence activities covered by this
section.''.
(2) Conforming amendment.--Subsection (d) of such section,
as redesignated by paragraph (1)(A) of this subsection, is
amended by striking ``subsection (b)'' and inserting
``subsections (b) and (c)''.
(b) Reports and Notice on Covert Actions.--
(1) Form and content of certain reports.--Subsection (b) of
section 503 of such Act (50 U.S.C. 413b) is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by inserting ``(1)'' after ``(b)''; and
(C) by adding at the end the following new paragraph:
``(2) Any report relating to a covert action that is
submitted to the congressional intelligence committees for
the purposes of paragraph (1) shall be in writing, and shall
contain the following:
``(A) A concise statement of any facts pertinent to such
report.
``(B) An explanation of the significance of the covert
action covered by such report.''.
(2) Notice on information not disclosed.--Subsection (c) of
such section is amended by adding at the end the following
new paragraph:
``(5) If the Director of National Intelligence or the head
of a department, agency, or other entity of the United States
Government does not provide information required by
subsection (b) in full or to all the members of the
congressional intelligence committees, and requests that such
information not be so provided, the Director shall, in a
timely fashion, notify such committees of the determination
not to provide such information in full or to all members of
such committees. Such notice shall be submitted in writing in
a classified form, include a statement of the reasons for
such determination and a description that provides the main
features of the covert action covered by such determination,
and contain no restriction on access to this notice by all
members of the committee.''.
(3) Modification of nature of change of covert action
triggering notice requirements.--Subsection (d) of such
section is amended by striking ``significant'' the first
place it appears.
SEC. 313. ADDITIONAL LIMITATION ON AVAILABILITY OF FUNDS FOR
INTELLIGENCE AND INTELLIGENCE-RELATED
ACTIVITIES.
Section 504 of the National Security Act of 1947 (50 U.S.C.
414) is amended--
(1) in subsection (a), by inserting ``the congressional
intelligence committees have been fully and currently
informed of such activity and if'' after ``only if'';
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively; and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) In any case in which notice to the congressional
intelligence committees on an intelligence or intelligence-
related activity is covered by section 502(b), or in which
notice to the congressional intelligence committees on a
covert action is covered by section 503(c)(5), the
congressional intelligence committees shall be treated as
being fully and currently informed on such activity or covert
action, as the case may be, for purposes of subsection (a) if
the requirements of such section 502(b) or 503(c)(5), as
applicable, have been met.''.
SEC. 314. VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS.
(a) In General.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.) is amended by inserting after
section 506A the following new section:
``VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS
``Sec. 506B. (a) Initial Vulnerability Assessments.--The
Director of National Intelligence shall conduct an initial
vulnerability assessment for any major system and its items
of supply, that is proposed for inclusion in the National
Intelligence Program. The initial vulnerability assessment of
a major system and its items of supply shall, at a minimum,
use an analysis-based approach to--
``(1) identify applicable vulnerabilities;
``(2) define exploitation potential;
``(3) examine the system's potential effectiveness;
``(4) determine overall vulnerability; and
``(5) make recommendations for risk reduction.
``(b) Subsequent Vulnerability Assessments.--(1) The
Director of National Intelligence shall conduct subsequent
vulnerability assessments of each major system and its items
of supply within the National Intelligence Program--
``(A) periodically throughout the life-span of the major
system;
``(B) whenever the Director determines that a change in
circumstances warrants the issuance of a subsequent
vulnerability assessment; or
``(C) upon the request of a congressional intelligence
committee.
``(2) Any subsequent vulnerability assessment of a major
system and its items of supply shall, at a minimum, use an
analysis-based approach and, if applicable, a testing-based
approach, to monitor the exploitation potential of such
system and reexamine the factors described in paragraphs (1)
through (5) of subsection (a).
``(c) Major System Management.--The Director of National
Intelligence shall give due consideration to the
vulnerability assessments prepared for a given major system
when developing and determining the annual consolidated
National Intelligence Program budget.
``(d) Congressional Oversight.--(1) The Director of
National Intelligence shall provide to the congressional
intelligence committees a copy of each vulnerability
assessment conducted under subsection (a) or (b) not later
than 10 days after the date of the completion of such
assessment.
``(2) The Director of National Intelligence shall provide
the congressional intelligence committees with a proposed
schedule for subsequent vulnerability assessments of a major
system under subsection (b) when providing such committees
with the initial vulnerability assessment under subsection
(a) of such system as required by subsection (d).
``(e) Definitions.--In this section:
``(1) The term `items of supply'--
``(A) means any individual part, component, subassembly,
assembly, or subsystem integral to a major system, and other
property which may be replaced during the service life of the
major system, including spare parts and replenishment parts;
and
``(B) does not include packaging or labeling associated
with shipment or identification of items.
``(2) The term `major system' has the meaning given that
term in section 506A(e).
``(3) The term `vulnerability assessment' means the process
of identifying and quantifying vulnerabilities in a major
system and its items of supply.''.
(b) Clerical Amendment.--The table of contents in the first
section of the National Security Act of 1947 is amended by
inserting after the item relating to section 506A the
following:
``Sec. 506B. Vulnerability assessments of major systems.''.
SEC. 315. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE
INTELLIGENCE COMMUNITY.
(a) In General.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by section 314, is
further amended by inserting after section 506B, as added by
section 314(a), the following new section:
``ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE INTELLIGENCE COMMUNITY
``Sec. 506C. (a) Requirement to Provide.--The Director of
National Intelligence shall, in consultation with the head of
the element of the intelligence community concerned, prepare
an annual personnel level assessment for such element of the
intelligence community that assesses the personnel levels for
each such element for the fiscal year following the fiscal
year in which the assessment is submitted.
``(b) Schedule.--Each assessment required by subsection (a)
shall be submitted to the congressional intelligence
committees not later than January 31, of each year.
``(c) Contents.--Each assessment required by subsection (a)
submitted during a fiscal year shall contain, at a minimum,
the following information for the element of the intelligence
community concerned:
``(1) The personnel costs for the upcoming fiscal year.
``(2) The dollar and percentage increase or decrease of
such costs as compared to the personnel costs of the current
fiscal year.
``(3) The dollar and percentage increase or decrease of
such costs as compared to the personnel costs during the
prior 5 fiscal years.
``(4) The number of personnel positions requested for the
upcoming fiscal year.
``(5) The numerical and percentage increase or decrease of
such number as compared to the number of personnel positions
of the current fiscal year.
``(6) The numerical and percentage increase or decrease of
such number as compared to the number of personnel positions
during the prior 5 fiscal years.
``(7) The number and costs of contractors funded by the
element for the upcoming fiscal year.
[[Page S12461]]
``(8) The numerical and percentage increase or decrease of
such costs of contractors as compared to the costs of
contractors of the current fiscal year.
``(9) The numerical and percentage increase or decrease of
such costs of contractors as compared to the cost of
contractors, and the number of contractors, during the prior
5 fiscal years.
``(10) A written justification for the requested personnel
and contractor levels.
``(11) A statement by the Director of National Intelligence
that, based on current and projected funding, the element
concerned will have sufficient--
``(A) internal infrastructure to support the requested
personnel and contractor levels;
``(B) training resources to support the requested personnel
levels; and
``(C) funding to support the administrative and operational
activities of the requested personnel levels.''.
(b) Clerical Amendment.--The table of contents in the first
section of that Act, as amended by section 314(b), is further
amended by inserting after the item relating to section 506B,
as added by section 314(b), the following new item:
``Sec. 506C. Annual personnel levels assessment for the intelligence
community.''.
SEC. 316. BUSINESS ENTERPRISE ARCHITECTURE AND BUSINESS
SYSTEM MODERNIZATION FOR THE INTELLIGENCE
COMMUNITY.
(a) Business Enterprise Architecture and Business System
Modernization.--
(1) In general.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by sections 314 and
315, is further amended by inserting after section 506C, as
added by section 315(a), the following new section:
``INTELLIGENCE COMMUNITY BUSINESS SYSTEMS, ARCHITECTURE,
ACCOUNTABILITY, AND MODERNIZATION
``Sec. 506D. (a) Limitation on Obligation of Funds for
Intelligence Community Business System Modernization.--(1)
After April 1, 2008, no funds appropriated to any element of
the intelligence community may be obligated for an
intelligence community business system modernization
described in paragraph (2) unless--
``(A) the approval authority designated by the Director of
National Intelligence under subsection (c)(2) makes the
certification described in paragraph (3) with respect to the
intelligence community business system modernization; and
``(B) the certification is approved by the Intelligence
Community Business Systems Management Committee established
under subsection (f).
``(2) An intelligence community business system
modernization described in this paragraph is an intelligence
community business system modernization that--
``(A) will have a total cost in excess of $1,000,000; and
``(B) will receive more than 50 percent of the funds for
such cost from amounts appropriated for the National
Intelligence Program.
``(3) The certification described in this paragraph for an
intelligence community business system modernization is a
certification, made by the approval authority designated by
the Director under subsection (c)(2) to the Intelligence
Community Business Systems Management Committee, that the
intelligence community business system modernization--
``(A) complies with the enterprise architecture under
subsection (b); or
``(B) is necessary--
``(i) to achieve a critical national security capability or
address a critical requirement in an area such as safety or
security; or
``(ii) to prevent a significant adverse effect on a project
that is needed to achieve an essential capability, taking
into consideration the alternative solutions for preventing
such adverse effect.
``(4) The obligation of funds for an intelligence community
business system modernization that does not comply with the
requirements of this subsection shall be treated as a
violation of section 1341(a)(1)(A) of title 31, United States
Code.
``(b) Enterprise Architecture for Intelligence Community
Business Systems.--(1) The Director of National Intelligence
shall, acting through the Intelligence Community Business
Systems Management Committee established under subsection
(f), develop and implement an enterprise architecture to
cover all intelligence community business systems, and the
functions and activities supported by such business systems.
The enterprise architecture shall be sufficiently defined to
effectively guide, constrain, and permit implementation of
interoperable intelligence community business system
solutions, consistent with applicable policies and procedures
established by the Director of the Office of Management and
Budget.
``(2) The enterprise architecture under paragraph (1) shall
include the following:
``(A) An information infrastructure that, at a minimum,
will enable the intelligence community to--
``(i) comply with all Federal accounting, financial
management, and reporting requirements;
``(ii) routinely produce timely, accurate, and reliable
financial information for management purposes;
``(iii) integrate budget, accounting, and program
information and systems; and
``(iv) provide for the systematic measurement of
performance, including the ability to produce timely,
relevant, and reliable cost information.
``(B) Policies, procedures, data standards, and system
interface requirements that apply uniformly throughout the
intelligence community.
``(c) Responsibilities for Intelligence Community Business
System Modernization.--(1) The Director of National
Intelligence shall be responsible for review, approval, and
oversight of the planning, design, acquisition, deployment,
operation, and maintenance of an intelligence community
business system modernization if more than 50 percent of the
cost of the intelligence community business system
modernization is funded by amounts appropriated for the
National Intelligence Program.
``(2) The Director shall designate one or more appropriate
officials of the intelligence community to be responsible for
making certifications with respect to intelligence community
business system modernizations under subsection (a)(3).
``(d) Intelligence Community Business System Investment
Review.--(1) The approval authority designated under
subsection (c)(2) shall establish and implement, not later
than March 31, 2008, an investment review process for the
review of the planning, design, acquisition, development,
deployment, operation, maintenance, modernization, and
project cost, benefits, and risks of the intelligence
community business systems for which the approval authority
is responsible.
``(2) The investment review process under paragraph (1)
shall--
``(A) meet the requirements of section 11312 of title 40,
United States Code; and
``(B) specifically set forth the responsibilities of the
approval authority under such review process.
``(3) The investment review process under paragraph (1)
shall include the following elements:
``(A) Review and approval by an investment review board
(consisting of appropriate representatives of the
intelligence community) of each intelligence community
business system as an investment before the obligation of
funds for such system.
``(B) Periodic review, but not less often than annually, of
every intelligence community business system investment.
``(C) Thresholds for levels of review to ensure appropriate
review of intelligence community business system investments
depending on the scope, complexity, and cost of the system
involved.
``(D) Procedures for making certifications in accordance
with the requirements of subsection (a)(3).
``(E) Mechanisms to ensure the consistency of the
investment review process with applicable guidance issued by
the Director of National Intelligence and the Intelligence
Community Business Systems Management Committee established
under subsection (f).
``(F) Common decision criteria, including standards,
requirements, and priorities, for purposes of ensuring the
integration of intelligence community business systems.
``(e) Budget Information.--For each fiscal year after
fiscal year 2009, the Director of National Intelligence shall
include in the materials the Director submits to Congress in
support of the budget for such fiscal year that is submitted
to Congress under section 1105 of title 31, United States
Code, the following information:
``(1) An identification of each intelligence community
business system for which funding is proposed in such budget.
``(2) An identification of all funds, by appropriation,
proposed in such budget for each such system, including--
``(A) funds for current services to operate and maintain
such system; and
``(B) funds for business systems modernization identified
for each specific appropriation.
``(3) For each such system, identification of approval
authority designated for such system under subsection (c)(2).
``(4) The certification, if any, made under subsection
(a)(3) with respect to each such system.
``(f) Intelligence Community Business Systems Management
Committee.--(1) The Director of National Intelligence shall
establish an Intelligence Community Business Systems
Management Committee (in this subsection referred to as the
`Committee').
``(2) The Committee shall--
``(A) recommend to the Director policies and procedures
necessary to effectively integrate all business activities
and any transformation, reform, reorganization, or process
improvement initiatives undertaken within the intelligence
community;
``(B) review and approve any major update of--
``(i) the enterprise architecture developed under
subsection (b); and
``(ii) any plans for an intelligence community business
systems modernization;
``(C) manage cross-domain integration consistent with such
enterprise architecture;
``(D) be responsible for coordinating initiatives for
intelligence community business system modernization to
maximize benefits and minimize costs for the intelligence
community, and periodically report to the Director on the
status of efforts to carry out an intelligence community
business system modernization;
``(E) ensure that funds are obligated for intelligence
community business system modernization in a manner
consistent with subsection (a); and
[[Page S12462]]
``(F) carry out such other duties as the Director shall
specify.
``(g) Relation to Annual Registration Requirements.--
Nothing in this section shall be construed to alter the
requirements of section 8083 of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 989),
with regard to information technology systems (as defined in
subsection (d) of such section).
``(h) Relation to Defense Business Systems Architecture,
Accountability, and Modernization Requirements.--An
intelligence community business system that receives more
than 50 percent of its funds from amounts available for the
National Intelligence Program shall be exempt from the
requirements of section 2222 of title 10, United States Code.
``(i) Relation to Clinger-Cohen Act.--(1) The Director of
National Intelligence and the Chief Information Officer of
the Intelligence Community shall fulfill the executive agency
responsibilities in chapter 113 of title 40, United States
Code, for any intelligence community business system that
receives more than 50 percent of its funding from amounts
appropriated for National Intelligence Program.
``(2) Any intelligence community business system covered by
paragraph (1) shall be exempt from the requirements of such
chapter 113 that would otherwise apply to the executive
agency that contains the element of the intelligence
community involved.
``(j) Reports.--Not later than March 15 of each of 2009
through 2014, the Director of National Intelligence shall
submit to the congressional intelligence committees a report
on the compliance of the intelligence community with the
requirements of this section. Each such report shall--
``(1) describe actions taken and proposed for meeting the
requirements of subsection (a), including--
``(A) specific milestones and actual performance against
specified performance measures, and any revision of such
milestones and performance measures; and
``(B) specific actions on the intelligence community
business system modernizations submitted for certification
under such subsection;
``(2) identify the number of intelligence community
business system modernizations that received a certification
described in subsection (a)(3)(B); and
``(3) describe specific improvements in business operations
and cost savings resulting from successful intelligence
community business systems modernization efforts.
``(k) Definitions.--In this section:
``(1) The term `enterprise architecture' has the meaning
given that term in section 3601(4) of title 44, United States
Code.
``(2) The terms `information system' and `information
technology' have the meanings given those terms in section
11101 of title 40, United States Code.
``(3) The term `intelligence community business system'
means an information system, other than a national security
system, that is operated by, for, or on behalf of the
intelligence community, including financial systems, mixed
systems, financial data feeder systems, the business
infrastructure capabilities shared by the systems of the
business enterprise architecture that build upon the core
infrastructure, used to support business activities, such as
acquisition, financial management, logistics, strategic
planning and budgeting, installations and environment, and
human resource management.
``(4) The term `intelligence community business system
modernization' means--
``(A) the acquisition or development of a new intelligence
community business system; or
``(B) any significant modification or enhancement of an
existing intelligence community business system (other than
necessary to maintain current services).
``(5) The term `national security system' has the meaning
given that term in section 3542 of title 44, United States
Code.''.
(2) Clerical amendment.--The table of contents in the first
section of that Act, as amended by section 314 and 315, is
further amended by inserting after the item relating to
section 506C, as added by section 315(b) the following new
item:
``Sec. 506D. Intelligence community business systems, architecture,
accountability, and modernization.''.
(b) Implementation.--
(1) Certain duties.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence shall--
(A) complete the delegation of responsibility for the
review, approval, and oversight of the planning, design,
acquisition, deployment, operation, maintenance, and
modernization of intelligence community business systems
required by subsection (c) of section 506D of the National
Security Act of 1947 (as added by subsection (a)); and
(B) designate a vice chairman and personnel to serve on the
Intelligence Community Business System Management Committee
established under subsection (f) of such section 506D (as so
added).
(2) Enterprise architecture.--The Director shall develop
the enterprise architecture required by subsection (b) of
such section 506D (as so added) by not later than March 1,
2008. In so developing the enterprise architecture, the
Director shall develop an implementation plan for the
architecture, including the following:
(A) The acquisition strategy for new systems that are
expected to be needed to complete the enterprise
architecture, including specific time-phased milestones,
performance metrics, and a statement of the financial and
nonfinancial resource needs.
(B) An identification of the intelligence community
business systems in operation or planned as of December 31,
2006, that will not be a part of the enterprise architecture,
together with the schedule for the phased termination of the
utilization of any such systems.
(C) An identification of the intelligence community
business systems in operation or planned as of December 31,
2006, that will be a part of the enterprise architecture,
together with a strategy for modifying such systems to ensure
that such systems comply with such enterprise architecture.
SEC. 317. REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS.
(a) In General.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), as amended by sections 314
through 316, is further amended by inserting after section
506D, as added by section 316(a)(1), the following new
section:
``REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS
``Sec. 506E. (a) Annual Reports Required.--(1) The
Director of National Intelligence shall submit to the
congressional intelligence committees each year, at the same
time the budget of the President for the fiscal year
beginning in such year is submitted to Congress pursuant to
section 1105 of title 31, United States Code, a separate
report on each acquisition of a major system by an element of
the intelligence community.
``(2) Each report under this section shall be known as a
`Report on the Acquisition of Major Systems'.
``(b) Elements.--Each report under this section shall
include, for the acquisition of a major system, information
on the following:
``(1) The current total anticipated acquisition cost for
such system, and the history of such cost from the date the
system was first included in a report under this section to
the end of the calendar quarter immediately proceeding the
submittal of the report under this section.
``(2) The current anticipated development schedule for the
system, including an estimate of annual development costs
until development is completed.
``(3) The current anticipated procurement schedule for the
system, including the best estimate of the Director of
National Intelligence of the annual costs and units to be
procured until procurement is completed.
``(4) A full life-cycle cost analysis for such system.
``(5) The result of any significant test and evaluation of
such major system as of the date of the submittal of such
report, or, if a significant test and evaluation has not been
conducted, a statement of the reasons therefor and the
results of any other test and evaluation that has been
conducted of such system.
``(6) The reasons for any change in acquisition cost, or
schedule, for such system from the previous report under this
section (if applicable).
``(7) The significant contracts or subcontracts related to
the major system.
``(8) If there is any cost or schedule variance under a
contract referred to in paragraph (7) since the previous
report under this section, the reasons for such cost or
schedule variance.
``(c) Determination of Increase in Costs.--Any
determination of a percentage increase in the acquisition
costs of a major system for which a report is filed under
this section shall be stated in terms of constant dollars
from the first fiscal year in which funds are appropriated
for such contract.
``(d) Definitions.--In this section:
``(1) The term `acquisition cost', with respect to a major
system, means the amount equal to the total cost for
development and procurement of, and system-specific
construction for, such system.
``(2) The term `full life-cycle cost', with respect to the
acquisition of a major system, means all costs of
development, procurement, construction, deployment, and
operation and support for such program, without regard to
funding source or management control, including costs of
development and procurement required to support or utilize
such system.
``(3) The term `major system', has the meaning given that
term in section 506A(e).''.
(b) Clerical Amendment.--The table of contents in the first
section of that Act, as amended by sections 314 through 316,
is further amended by inserting after the item relating to
section 506D, as added by section 316(a)(2), the following
new item:
``Sec. 506E. Reports on the acquisition of major systems.''.
SEC. 318. EXCESSIVE COST GROWTH OF MAJOR SYSTEMS.
(a) Notification.--Title V of the National Security Act of
1947, as amended by sections 314 through 317, is further
amended by inserting after section 506E, as added by section
317(a), the following new section:
``EXCESSIVE COST GROWTH OF MAJOR SYSTEMS
``Sec. 506F. (a) Cost Increases of at Least 20 Percent.--
(1) On a continuing basis, and separate from the submission
of any report on a major system required by
[[Page S12463]]
section 506E of this Act, the Director of National
Intelligence shall determine if the acquisition cost of such
major system has increased by at least 20 percent as compared
to the baseline cost of such major system.
``(2)(A) If the Director determines under paragraph (1)
that the acquisition cost of a major system has increased by
at least 20 percent, the Director shall submit to the
congressional intelligence committees a written notification
of such determination as described in subparagraph (B), a
description of the amount of the increase in the acquisition
cost of such major system, and a certification as described
in subparagraph (C).
``(B) The notification required by subparagraph (A) shall
include--
``(i) an independent cost estimate;
``(ii) the date on which the determination covered by such
notification was made;
``(iii) contract performance assessment information with
respect to each significant contract or sub-contract related
to such major system, including the name of the contractor,
the phase of the contract at the time of the report, the
percentage of work under the contract that has been
completed, any change in contract cost, the percentage by
which the contract is currently ahead or behind schedule, and
a summary explanation of significant occurrences, such as
cost and schedule variances, and the effect of such
occurrences on future costs and schedules;
``(iv) the prior estimate of the full life-cycle cost for
such major system, expressed in constant dollars and in
current year dollars;
``(v) the current estimated full life-cycle cost of such
major system, expressed in constant dollars and current year
dollars;
``(vi) a statement of the reasons for any increases in the
full life-cycle cost of such major system;
``(vii) the current change and the total change, in dollars
and expressed as a percentage, in the full life-cycle cost
applicable to such major system, stated both in constant
dollars and current year dollars;
``(viii) the completion status of such major system
expressed as the percentage--
``(I) of the total number of years for which funds have
been appropriated for such major system compared to the
number of years for which it is planned that such funds will
be appropriated; and
``(II) of the amount of funds that have been appropriated
for such major system compared to the total amount of such
funds which it is planned will be appropriated;
``(ix) the action taken and proposed to be taken to control
future cost growth of such major system; and
``(x) any changes made in the performance or schedule of
such major system and the extent to which such changes have
contributed to the increase in full life-cycle costs of such
major system.
``(C) The certification described in this subparagraph is a
written certification made by the Director and submitted to
the congressional intelligence committees that--
``(i) the acquisition of such major system is essential to
the national security;
``(ii) there are no alternatives to such major system that
will provide equal or greater intelligence capability at
equal or lesser cost to completion;
``(iii) the new estimates of the full life-cycle cost for
such major system are reasonable; and
``(iv) the management structure for the acquisition of such
major system is adequate to manage and control full life-
cycle cost of such major system.
``(b) Cost Increases of at Least 40 Percent.--(1) If the
Director of National Intelligence determines that the
acquisition cost of a major system has increased by at least
40 percent as compared to the baseline cost of such major
system, the President shall submit to the congressional
intelligence committees a written certification stating
that--
``(A) the acquisition of such major system is essential to
the national security;
``(B) there are no alternatives to such major system that
will provide equal or greater intelligence capability at
equal or lesser cost to completion;
``(C) the new estimates of the full life-cycle cost for
such major system are reasonable; and
``(D) the management structure for the acquisition of such
major system is adequate to manage and control the full life-
cycle cost of such major system.
``(2) In addition to the certification required by
paragraph (1), the Director of National Intelligence shall
submit to the congressional intelligence committees an
updated notification, with current accompanying information,
as required by subsection (a)(2).
``(c) Prohibition on Obligation of Funds.--(1) If a written
certification required under subsection (a)(2)(A) is not
submitted to the congressional intelligence committees within
30 days of the determination made under subsection (a)(1),
funds appropriated for the acquisition of a major system may
not be obligated for a major contract under the program. Such
prohibition on the obligation of funds shall cease to apply
at the end of the 30-day period of a continuous session of
Congress that begins on the date on which Congress receives
the notification required under subsection (a)(2)(A).
``(2) If a written certification required under subsection
(b)(1) is not submitted to the congressional intelligence
committees within 30 days of the determination made under
subsection (b)(1), funds appropriated for the acquisition of
a major system may not be obligated for a major contract
under the program. Such prohibition on the obligation of
funds for the acquisition of a major system shall cease to
apply at the end of the 30-day period of a continuous session
of Congress that begins on the date on which Congress
receives the notification required under subsection (b)(2).
``(d) Definitions.--In this section:
``(1) The term `acquisition cost' has the meaning given
that term in section 506E(d).
``(2) The term `baseline cost', with respect to a major
system, means the projected acquisition cost of such system
on the date the contract for the development, procurement,
and construction of the system is awarded.
``(3) The term `full life-cycle cost' has the meaning given
that term in section 506E(d).
``(4) The term `independent cost estimate' has the meaning
given that term in section 506A(e).
``(5) The term `major system' has the meaning given that
term in section 506A(e).''.
(b) Clerical Amendment.--The table of contents in the first
section of that Act, as amended by sections 314 through 317
of this Act, is further amended by inserting after the items
relating to section 506E, as added by section 317(b), the
following new item:
``Sec. 506F. Excessive cost growth of major systems.''.
SEC. 319. SUBMITTAL TO CONGRESS OF CERTAIN COURT ORDERS UNDER
THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF
1978.
(a) Inclusion of Certain Orders in Semi-Annual Reports of
Attorney General.--Subsection (a)(5) of section 601 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1871) is amended by striking ``(not including orders)'' and
inserting ``, orders,''.
(b) Reports by Attorney General on Certain Other Orders.--
That section is further amended by adding at the end the
following new subsection:
``(c) The Attorney General shall submit to the committees
of Congress referred to in subsection (a)--
``(1) a copy of any decision, order, or opinion issued by
the Foreign Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review that includes
significant construction or interpretation of any provision
of this Act, and any pleadings associated with such decision,
order, or opinion, not later than 45 days after such
decision, order, or opinion is issued; and
``(2) a copy of any such decision, order, or opinion, and
the pleadings associated with such decision, order, or
opinion, that was issued during the 5-year period ending on
the date of the enactment of the Intelligence Authorization
Act for Fiscal Year 2008 and not previously submitted in a
report under subsection (a).''.
SEC. 320. SUBMITTAL TO CONGRESS OF CERTAIN PRESIDENT'S DAILY
BRIEFS ON IRAQ.
(a) In General.--The Director of National Intelligence
shall submit to the congressional intelligence committees any
President's Daily Brief (PDB), or any portion of a
President's Daily Brief, of the Director of Central
Intelligence during the period beginning on January 20, 1997,
and ending on March 19, 2003, that refers to Iraq or
otherwise addresses Iraq in any fashion.
(b) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees''
means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 321. NATIONAL INTELLIGENCE ESTIMATE ON GLOBAL CLIMATE
CHANGE.
(a) Requirement for National Intelligence Estimate.--
(1) In general.--Except as provided in paragraph (2), not
later than 270 days after the date of the enactment of this
Act, the Director of National Intelligence shall submit to
Congress a National Intelligence Estimate (NIE) on the
anticipated geopolitical effects of global climate change and
the implications of such effects on the national security of
the United States.
(2) Notice regarding submittal.--If the Director of
National Intelligence determines that the National
Intelligence Estimate required by paragraph (1) cannot be
submitted by the date specified in that paragraph, the
Director shall notify Congress and provide--
(A) the reasons that the National Intelligence Estimate
cannot be submitted by such date; and
(B) an anticipated date for the submittal of the National
Intelligence Estimate.
(b) Content.--The Director of National Intelligence shall
prepare the National Intelligence Estimate required by this
section using the mid-range projections of the fourth
assessment report of the Intergovernmental Panel on Climate
Change--
(1) to assess the political, social, agricultural, and
economic risks during the 30-year period beginning on the
date of the enactment of this Act posed by global climate
change for countries or regions that are--
(A) of strategic economic or military importance to the
United States and at risk of significant impact due to global
climate change; or
(B) at significant risk of large-scale humanitarian
suffering with cross-border implications as predicted on the
basis of the assessments;
(2) to assess other risks posed by global climate change,
including increased conflict
[[Page S12464]]
over resources or between ethnic groups, within countries or
transnationally, increased displacement or forced migrations
of vulnerable populations due to inundation or other causes,
increased food insecurity, and increased risks to human
health from infectious disease;
(3) to assess the capabilities of the countries or regions
described in subparagraph (A) or (B) of paragraph (1) to
respond to adverse impacts caused by global climate change;
and
(4) to make recommendations for further assessments of
security consequences of global climate change that would
improve national security planning.
(c) Coordination.--In preparing the National Intelligence
Estimate under this section, the Director of National
Intelligence shall consult with representatives of the
scientific community, including atmospheric and climate
studies, security studies, conflict studies, economic
assessments, and environmental security studies, the
Secretary of Defense, the Secretary of State, the
Administrator of the National Oceanographic and Atmospheric
Administration, the Administrator of the National Aeronautics
and Space Administration, the Administrator of the
Environmental Protection Agency, the Secretary of Energy, and
the Secretary of Agriculture, and, if appropriate,
multilateral institutions and allies of the United States
that have conducted significant research on global climate
change.
(d) Assistance.--
(1) Agencies of the united states.--In order to produce the
National Intelligence Estimate required by subsection (a),
the Director of National Intelligence may request any
appropriate assistance from any agency, department, or other
entity of the United State Government and such agency,
department, or other entity shall provide the assistance
requested.
(2) Other entities.--In order to produce the National
Intelligence Estimate required by subsection (a), the
Director of National Intelligence may request any appropriate
assistance from any other person or entity.
(3) Reimbursement.--The Director of National Intelligence
is authorized to provide appropriate reimbursement to the
head of an agency, department, or entity of the United States
Government that provides support requested under paragraph
(1) or any other person or entity that provides assistance
requested under paragraph (2).
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Director of National Intelligence
such sums as may be necessary to carry out this subsection.
(e) Form.--The National Intelligence Estimate required by
this section shall be submitted in unclassified form, to the
extent consistent with the protection of intelligence sources
and methods, and include unclassified key judgments of the
National Intelligence Estimate. The National Intelligence
Estimate may include a classified annex.
(f) Duplication.--If the Director of National Intelligence
determines that a National Intelligence Estimate, or other
formal, coordinated intelligence product that meets the
procedural requirements of a National Intelligence Estimate,
has been prepared that includes the content required by
subsection (b) prior to the date of the enactment of this
Act, the Director of National Intelligence shall not be
required to produce the National Intelligence Estimate
required by subsection (a).
SEC. 322. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) Annual Report on Intelligence.--
(1) Repeal.--Section 109 of the National Security Act of
1947 (50 U.S.C. 404d) is repealed.
(2) Clerical amendment.--The table of contents in the first
section of the National Security Act of 1947 is amended by
striking the item relating to section 109.
(b) Annual and Special Reports on Intelligence Sharing With
the United Nations.--Section 112 of the National Security Act
of 1947 (50 U.S.C. 404g) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d), respectively.
(c) Annual Report on Safety and Security of Russian Nuclear
Facilities and Forces.--Section 114 of the National Security
Act of 1947 (50 U.S.C. 404i) is amended--
(1) by striking subsection (a); and
(2) by redesignating subsections (b), (c), and (d) as
subsections (a), (b), and (c), respectively.
(d) Annual Certification on Counterintelligence
Initiatives.--Section 1102(b) of the National Security Act of
1947 (50 U.S.C. 442a(b)) is amended--
(1) by striking ``(1)''; and
(2) by striking paragraph (2).
(e) Report and Certification Under Terrorist Identification
Classification System.--Section 343 of the Intelligence
Authorization Act for Fiscal Year 2003 (50 U.S.C. 404n-2) is
amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), (g), and (h) as
subsections (d), (e), (f), and (g), respectively.
(f) 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.
(g) Semiannual Report on Contributions to Proliferation
Efforts of Countries of Proliferation Concern.--Section 722
of the Combatting Proliferation of Weapons of Mass
Destruction Act of 1996 (50 U.S.C. 2369) is repealed.
(h) Conforming Amendments.--Section 507(a) of the National
Security Act of 1947 (50 U.S.C. 415b(a)) is amended--
(1) in paragraph (1)--
(A) by striking subparagraphs (A) and (B); and
(B) by redesignating subparagraphs (C) through (N) as
subparagraphs (A) through (L), respectively; and
(2) in paragraph (2)--
(A) by striking subparagraphs (A) and (D);
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively; and
(C) in subparagraph (A), as redesignated by subparagraph
(B) of this paragraph, by striking ``114(c)'' and inserting
``114(b)''.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. REQUIREMENTS FOR ACCOUNTABILITY REVIEWS BY THE
DIRECTOR OF NATIONAL INTELLIGENCE.
(a) Responsibility of the Director of National
Intelligence.--Subsection (b) of section 102 of the National
Security Act of 1947 (50 U.S.C. 403) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3)--
(A) by striking ``2004,'' and inserting ``2004 (50 U.S.C.
403 note),''; and
(B) by striking the period at the end and inserting a
semicolon and ``and''; and
(3) by inserting after paragraph (3), the following new
paragraph:
``(4) conduct accountability reviews of elements of the
intelligence community and the personnel of such elements, if
appropriate.''.
(b) Tasking and Other Authorities.--Subsection (f) of
section 102A of such Act (50 U.S.C. 403-1) is amended--
(1) by redesignating paragraphs (7) and (8), as paragraphs
(8) and (9), respectively; and
(2) by inserting after paragraph (6), the following new
paragraph:
``(7)(A) The Director of National Intelligence shall, if
the Director determines it is necessary or if requested by a
congressional intelligence committee, conduct accountability
reviews of elements of the intelligence community or the
personnel of such elements in relation to significant
failures or deficiencies within the intelligence community.
``(B) The Director of National Intelligence, in
consultation with the Attorney General, shall establish
guidelines and procedures for conducting accountability
reviews under subparagraph (A).
``(C) The requirements of this paragraph shall not limit
any authority of the Director of National Intelligence under
subsection (m) or with respect to supervision of the Central
Intelligence Agency.''.
SEC. 402. ADDITIONAL AUTHORITIES OF THE DIRECTOR OF NATIONAL
INTELLIGENCE ON INTELLIGENCE INFORMATION
SHARING.
(a) Authorities of the Director of National Intelligence.--
Section 102A(g)(1) of the National Security Act of 1947 (50
U.S.C. 403-1(g)(1)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period and
inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(G) in carrying out this subsection, without regard to
any other provision of law (other than this Act and the
National Security Intelligence Reform Act of 2004 (title I of
Public Law 108-458)), expend funds and make funds available
to other department or agencies of the United States for, and
direct the development and fielding of, systems of common
concern related to the collection, processing, analysis,
exploitation, and dissemination of intelligence information;
and
``(H) for purposes of addressing critical gaps in
intelligence information sharing or access capabilities, have
the authority to transfer funds appropriated for a program
within the National Intelligence Program to a program funded
by appropriations not within the National Intelligence
Program, consistent with paragraphs (3) through (7) of
subsection (d).''.
(b) Authorities of Heads of Other Departments and
Agencies.--Notwithstanding any other provision of law, the
head of any department or agency of the United States is
authorized to receive and utilize funds made available to the
department or agency by the Director of National Intelligence
pursuant to section 102A(g)(1) of the National Security Act
of 1947 (50 U.S.C. 403-1(g)(1)), as amended by subsection
(a), and receive and utilize any system referred to in such
section that is made available to the department or agency.
SEC. 403. MODIFICATION OF LIMITATION ON DELEGATION BY THE
DIRECTOR OF NATIONAL INTELLIGENCE OF THE
PROTECTION OF INTELLIGENCE SOURCES AND METHODS.
Section 102A(i)(3) of the National Security Act of 1947 (50
U.S.C. 403-1(i)(3)) is amended by inserting before the period
the following: ``, any Deputy Director of National
Intelligence, or the Chief Information Officer of the
Intelligence Community[, or the head of any element of the
intelligence community]''.
[[Page S12465]]
SEC. 404. ADDITIONAL ADMINISTRATIVE AUTHORITY OF THE DIRECTOR
OF NATIONAL INTELLIGENCE.
Section 102A of the National Security Act of 1947 (50
U.S.C. 403-1) is amended by adding at the end the following
new subsection:
``(s) Additional Administrative Authorities.--(1)
Notwithstanding section 1346 of title 31, United States Code,
or any other provision of law prohibiting the interagency
financing of activities described in subparagraph (A) or (B),
upon the request of the Director of National Intelligence,
any element of the intelligence community may use
appropriated funds to support or participate in the
interagency activities of the following:
``(A) National intelligence centers established by the
Director under section 119B.
``(B) Boards, commissions, councils, committees, and
similar groups that are established--
``(i) for a term of not more than two years; and
``(ii) by the Director.
``(2) No provision of law enacted after the date of the
enactment of the Intelligence Authorization Act for Fiscal
Year 2008 shall be construed to limit or supersede the
authority in paragraph (1) unless such provision makes
specific reference to the authority in that paragraph.''.
SEC. 405. ENHANCEMENT OF AUTHORITY OF THE DIRECTOR OF
NATIONAL INTELLIGENCE FOR FLEXIBLE PERSONNEL
MANAGEMENT AMONG THE ELEMENTS OF THE
INTELLIGENCE COMMUNITY.
Section 102A of the National Security Act of 1947 (50
U.S.C. 403-1), as amended by section 404 of this Act, is
further amended by adding at the end the following new
subsections:
``(t) Authority To Establish Positions in Excepted
Service.--(1) The Director of National Intelligence may, with
the concurrence of the head of the department or agency
concerned and in coordination with the Director of the Office
of Personnel Management--
``(A) convert such competitive service positions, and their
incumbents, within an element of the intelligence community
to excepted service positions as the Director of National
Intelligence determines necessary to carry out the
intelligence functions of such element; and
``(B) establish the classification and ranges of rates of
basic pay for positions so converted, notwithstanding
otherwise applicable laws governing the classification and
rates of basic pay for such positions.
``(2)(A) At the request of the Director of National
Intelligence, the head of a department or agency may
establish new positions in the excepted service within an
element of such department or agency that is part of the
intelligence community if the Director determines that such
positions are necessary to carry out the intelligence
functions of such element.
``(B) The Director of National Intelligence may establish
the classification and ranges of rates of basic pay for any
position established under subparagraph (A), notwithstanding
otherwise applicable laws governing the classification and
rates of basic pay for such positions.
``(3) The head of the department or agency concerned is
authorized to appoint individuals for service in positions
converted under paragraph (1) or established under paragraph
(2) without regard to the provisions of chapter 33 of title
5, United States Code, governing appointments in the
competitive service, and to fix the compensation of such
individuals within the applicable ranges of rates of basic
pay established by the Director of National Intelligence.
``(4) The maximum rate of basic pay established under this
subsection is the rate for level III of the Executive
Schedule under section 5314 of title 5, United States Code.
``(u) Pay Authority for Critical Positions.--(1)
Notwithstanding any pay limitation established under any
other provision of law applicable to employees in elements of
the intelligence community, the Director of National
Intelligence may, in consultation with the Director of the
Office of Personnel Management and the Director of the Office
of Management and Budget, grant authority to fix the rate of
basic pay for one or more positions within the intelligence
community at a rate in excess of any applicable limitation,
subject to the provisions of this subsection. The exercise of
authority so granted is at the discretion of the head of the
department or agency employing the individual in a position
covered by such authority, subject to the provisions of this
subsection and any conditions established by the Director of
National Intelligence when granting such authority.
``(2) Authority under this subsection may be granted or
exercised--
``(A) only with respect to a position which requires an
extremely high level of expertise and is critical to
successful accomplishment of an important mission; and
``(B) only to the extent necessary to recruit or retain an
individual exceptionally well qualified for the position.
``(3) A rate of basic pay may not be fixed under this
subsection at a rate greater than the rate payable for level
II of the Executive Schedule under section 5312 of title 5,
United States Code, except upon written approval of the
Director of National Intelligence or as otherwise authorized
by law.
``(4) A rate of basic pay may not be fixed under this
subsection at a rate greater than the rate payable for level
I of the Executive Schedule under section 5311 of title 5,
United States Code, except upon written approval of the
President in response to a request by the Director of
National Intelligence or as otherwise authorized by law.
``(5) Any grant of authority under this subsection for a
position shall terminate at the discretion of the Director of
National Intelligence.
``(v) Extension of Flexible Personnel Management
Authorities.--(1) Notwithstanding any other provision of law,
in order to ensure the equitable treatment of employees
across the intelligence community, the Director of National
Intelligence may, with the concurrence of the head of the
department or agency concerned, or for those matters that
fall under the responsibilities of the Office of Personnel
Management under statute or Executive Order, in coordination
with the Director of the Office of Personnel Management,
authorize one or more elements of the intelligence community
to adopt compensation authority, performance management
authority, and scholarship authority that have been
authorized for another element of the intelligence community
if the Director of National Intelligence--
``(A) determines that the adoption of such authority would
improve the management and performance of the intelligence
community, and
``(B) submits to the congressional intelligence committees,
not later than 60 days before such authority is to take
effect, notice of the adoption of such authority by such
element or elements, including the authority to be so
adopted, and an estimate of the costs associated with the
adoption of such authority.
``(2) To the extent that an existing compensation authority
within the intelligence community is limited to a particular
category of employees or a particular situation, the
authority may be adopted in another element of the
intelligence community under this subsection only for
employees in an equivalent category or in an equivalent
situation.
``(3) In this subsection, the term `compensation authority'
means authority involving basic pay (including position
classification), premium pay, awards, bonuses, incentives,
allowances, differentials, student loan repayments, and
special payments, but does not include authorities as
follows:
``(A) Authorities related to benefits such as leave,
severance pay, retirement, and insurance.
``(B) Authority to grant Presidential Rank Awards under
sections 4507 and 4507a of title 5, United States Code,
section 3151(c) of title 31, United States Code, and any
other provision of law.
``(C) Compensation authorities and performance management
authorities provided under provisions of law relating to the
Senior Executive Service.''.
SEC. 406. CLARIFICATION OF LIMITATION ON CO-LOCATION OF THE
OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
Section 103(e) of the National Security Act of 1947 (50
U.S.C. 403-3(e)) is amended--
(1) by striking ``With'' and inserting ``of Headquarters
With Headquarters of'';
(2) by inserting ``the headquarters of'' before ``the
Office''; and
(3) by striking ``any other element'' and inserting ``the
headquarters of any other element''.
SEC. 407. ADDITIONAL DUTIES OF THE DIRECTOR OF SCIENCE AND
TECHNOLOGY OF THE OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE.
(a) Coordination and Prioritization of Research Conducted
by Elements of Intelligence Community.--Subsection (d) of
section 103E of the National Security Act of 1947 (50 U.S.C.
403-3e) is amended--
(1) in paragraph (3)(A), by inserting ``and prioritize''
after ``coordinate''; and
(2) by adding at the end the following new paragraph:
``(4) In carrying out paragraph (3)(A), the Committee shall
identify basic, advanced, and applied research programs to be
carried out by elements of the intelligence community.''.
(b) Development of Technology Goals.--That section is
further amended--
(1) in subsection (c)--
(A) in paragraph (4), by striking ``and'' at the end;
(B) by redesignating paragraph (5) as paragraph (9); and
(C) by inserting after paragraph (4) the following new
paragraphs:
``(5) assist the Director in establishing goals for the
elements of the intelligence community to meet the technology
needs of the intelligence community;
``(6) under the direction of the Director, establish
engineering standards and specifications applicable to each
acquisition of a major system (as that term is defined in
section 506A(e)(3)) by the intelligence community;
``(7) develop 15-year projections and assessments of the
needs of the intelligence community to ensure a robust
Federal scientific and engineering workforce and the means to
recruit such a workforce through integrated scholarships
across the intelligence community, including research grants
and cooperative work-study programs;
``(8) ensure that each acquisition program of the
intelligence community for a major system (as so defined)
complies with the standards and specifications established
under paragraph (6); and''; and
(2) by adding at the end the following new subsection:
[[Page S12466]]
``(e) Goals for Technology Needs of Intelligence
Community.--In carrying out subsection (c)(5), the Director
of Science and Technology shall--
``(1) systematically identify and assess the most
significant intelligence challenges that require technical
solutions;
``(2) examine options to enhance the responsiveness of
research and design programs of the elements of the
intelligence community to meet the requirements of the
intelligence community for timely support; and
``(3) assist the Director of National Intelligence in
establishing research and development priorities and projects
for the intelligence community that--
``(A) are consistent with current or future national
intelligence requirements;
``(B) address deficiencies or gaps in the collection,
processing, analysis, or dissemination of national
intelligence;
``(C) take into account funding constraints in program
development and acquisition; and
``(D) address system requirements from collection to final
dissemination (also known as `end-to-end architecture').''.
(c) Report.--
(1) In general.--Not later than June 30, 2008, the Director
of National Intelligence shall submit to Congress a report
containing a strategy for the development and use of
technology in the intelligence community through 2021.
(2) Elements.--The report under paragraph (1) shall
include--
(A) an assessment of the highest priority intelligence gaps
across the intelligence community that may be resolved by the
use of technology;
(B) goals for advanced research and development and a
strategy to achieve such goals;
(C) an explanation of how each advanced research and
development project funded under the National Intelligence
Program addresses an identified intelligence gap;
(D) a list of all current and projected research and
development projects by research type (basic, advanced, or
applied) with estimated funding levels, estimated initiation
dates, and estimated completion dates; and
(E) a plan to incorporate technology from research and
development projects into National Intelligence Program
acquisition programs.
(3) Form.--The report under paragraph (1) may be submitted
in classified form.
SEC. 408. 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--
(1) in subsection (a), by inserting ``of the Intelligence
Community'' after ``Chief Information Officer'';
(2) in subsection (b), by inserting ``of the Intelligence
Community'' after ``Chief Information Officer'';
(3) in subsection (c), by inserting ``of the Intelligence
Community'' after ``Chief Information Officer''; and
(4) in subsection (d), by inserting ``of the Intelligence
Community'' after ``Chief Information Officer'' the first
place it appears.
SEC. 409. RESERVE FOR CONTINGENCIES OF THE OFFICE OF THE
DIRECTOR OF NATIONAL INTELLIGENCE.
(a) Establishment.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.) is amended by inserting after
section 103G the following new section:
``RESERVE FOR CONTINGENCIES OF THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE
``Sec. 103H. (a) In General.--There is established a fund
to be known as the `Reserve for Contingencies of the Office
of the Director of National Intelligence' (in this section
referred to as the `Reserve').
``(b) Elements.--(1) The Reserve shall consist of the
following elements:
``(A) Amounts authorized to be appropriated to the Reserve.
``(B) Amounts authorized to be transferred to or deposited
in the Reserve by law.
``(2) No amount may be transferred to the Reserve under
subparagraph (B) of paragraph (1) during a fiscal year after
the date on which a total of $50,000,000 has been transferred
to or deposited in the Reserve under subparagraph (A) or (B)
of such paragraph.
``(c) Amounts Available for Deposit.--Amounts deposited
into the Reserve shall be amounts appropriated to the
National Intelligence Program.
``(d) Availability of Funds.--(1) Amounts in the Reserve
shall be available for such purposes as are provided by law
for the Office of the Director of National Intelligence or
the separate elements of the intelligence community for
support of emerging needs, improvements to program
effectiveness, or increased efficiency.
``(2)(A) Subject to subparagraph (B), amounts in the
Reserve may be available for a program or activity if--
``(i) the Director of National Intelligence, consistent
with the provisions of sections 502 and 503, notifies the
congressional intelligence committees of the intention to
utilize such amounts for such program or activity; and
``(ii) 15 calendar days elapses after the date of such
notification.
``(B) In addition to the requirements in subparagraph (A),
amounts in the Reserve may be available for a program or
activity not previously authorized by Congress only with the
approval of the Director the Office of Management and Budget.
``(3) Use of any amounts in the Reserve shall be subject to
the direction and approval of the Director of National
Intelligence, or the designee of the Director, and shall be
subject to such procedures as the Director may prescribe.
``(4) Amounts transferred to or deposited in the Reserve in
a fiscal year under subsection (b) shall be available under
this subsection in such fiscal year and the fiscal year
following such fiscal year.''.
(b) Applicability.--No funds appropriated prior to the date
of the enactment of this Act may be transferred to or
deposited in the Reserve for Contingencies of the Office of
the Director of National Intelligence established in section
103H of the National Security Act of 1947, as added by
subsection (a).
(c) Clerical Amendment.--The table of contents in the first
section of the National Security Act of 1947 is amended by
inserting after the item relating to section 103G the
following new item:
``Sec. 103H. Reserve for Contingencies of the Office of the Director of
National Intelligence.''.
SEC. 410. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.
(a) Establishment.--
(1) In general.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.), as amended by section 409 of
this Act, is further amended by inserting after section 103H
the following new section:
``INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY
``Sec. 103I. (a) 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.
``(b) Purpose.--The purpose of the Office of the Inspector
General of the Intelligence Community is to--
``(1) create an objective and effective office,
appropriately accountable to Congress, to initiate and
conduct independently investigations, inspections, and audits
on matters within the responsibility and authority of the
Director of National Intelligence;
``(2) recommend policies designed--
``(A) 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
``(B) to prevent and detect fraud and abuse in such
matters;
``(3) provide a means for keeping the Director of National
Intelligence fully and currently informed about--
``(A) problems and deficiencies relating to matters within
the responsibility and authority of the Director of National
Intelligence; and
``(B) the necessity for, and the progress of, corrective
actions; and
``(4) in the manner prescribed by this section, ensure that
the congressional intelligence committees are kept similarly
informed of--
``(A) significant problems and deficiencies relating to
matters within the responsibility and authority of the
Director of National Intelligence; and
``(B) the necessity for, and the progress of, corrective
actions.
``(c) Inspector General of Intelligence Community.--(1)
There is an Inspector General of the Intelligence Community,
who shall be the head of the Office of the Inspector General
of the Intelligence Community, who shall be appointed by the
President, by and with the advice and consent of the Senate.
``(2) The nomination of an individual for appointment as
Inspector General shall be made--
``(A) without regard to political affiliation;
``(B) solely 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;
and
``(C) on the basis of demonstrated ability in accounting,
financial analysis, law, management analysis, public
administration, or auditing.
``(3) The Inspector General shall report directly to and be
under the general supervision of the Director of National
Intelligence.
``(4) The Inspector General may be removed from office only
by the President. The President shall immediately communicate
in writing to the congressional intelligence committees the
reasons for the removal of any individual from the position
of Inspector General.
``(d) Duties and Responsibilities.--Subject to subsections
(g) and (h), it shall be the duty and responsibility of the
Inspector General of the Intelligence Community--
``(1) to provide policy direction for, and to plan,
conduct, supervise, and coordinate independently, the
investigations, inspections, 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;
``(2) to keep the Director of National Intelligence fully
and currently informed concerning violations of law and
regulations, violations of civil liberties and privacy, and
fraud and other serious problems, abuses, and deficiencies
that may occur in matters within the responsibility and
authority of the Director, and to report the progress made in
implementing corrective action;
``(3) to take due regard for the protection of intelligence
sources and methods in the preparation of all reports issued
by the Inspector General, and, to the extent consistent with
the purpose and objective of
[[Page S12467]]
such reports, take such measures as may be appropriate to
minimize the disclosure of intelligence sources and methods
described in such reports; and
``(4) in the execution of the duties and responsibilities
under this section, to comply with generally accepted
government auditing standards.
``(e) Limitations on Activities.--(1) The Director of
National Intelligence may prohibit the Inspector General of
the Intelligence Community from initiating, carrying out, or
completing any investigation, inspection, or audit if the
Director determines that such prohibition is necessary to
protect vital national security interests of the United
States.
``(2) If the Director exercises the authority under
paragraph (1), the Director shall submit an appropriately
classified statement of the reasons for the exercise of such
authority within 7 days to the congressional intelligence
committees.
``(3) The Director shall advise 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.
``(4) The Inspector General may 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.
``(f) Authorities.--(1) The Inspector General of the
Intelligence Community shall have direct and prompt access to
the Director of National Intelligence when necessary for any
purpose pertaining to the performance of the duties of the
Inspector General.
``(2)(A) The Inspector General shall 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.
``(B) 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.
``(C) The level of classification or compartmentation of
information shall not, in and of itself, provide a sufficient
rationale for denying the Inspector General access to any
materials under subparagraph (B).
``(D) Failure on the part of any employee, or any employee
of a contractor, of any element of the intelligence community
to cooperate with the Inspector General shall be grounds for
appropriate administrative actions by the Director or, on the
recommendation of the Director, other appropriate officials
of the intelligence community, including loss of employment
or the termination of an existing contractual relationship.
``(3) The Inspector General is authorized to receive and
investigate complaints or information from any person
concerning the existence of an activity 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--
``(A) the Inspector General shall not disclose the identity
of the employee without the consent of the employee, unless
the Inspector General determines that such disclosure is
unavoidable during the course of the investigation or the
disclosure is made to an official of the Department of
Justice responsible for determining whether a prosecution
should be undertaken; and
``(B) no action constituting a reprisal, or threat of
reprisal, for making such complaint may be taken by any
employee in a position to take such actions, unless the
complaint was made or the information was disclosed with the
knowledge that it was false or with willful disregard for its
truth or falsity.
``(4) The Inspector General shall have authority to
administer to or take from any person an oath, affirmation,
or affidavit, whenever necessary in the performance of the
duties of the Inspector General, which oath, affirmation, or
affidavit when administered or taken by or before an employee
of the Office of the Inspector General of the Intelligence
Community designated by the Inspector General shall have the
same force and effect as if administered or taken by or
before an officer having a seal.
``(5)(A) Except as provided in subparagraph (B), the
Inspector General is authorized to require by subpoena the
production of all information, documents, reports, answers,
records, accounts, papers, and other data and documentary
evidence necessary in the performance of the duties and
responsibilities of the Inspector General.
``(B) In the case of departments, agencies, and other
elements of the United States Government, the Inspector
General shall obtain information, documents, reports,
answers, records, accounts, papers, and other data and
evidence for the purpose specified in subparagraph (A) using
procedures other than by subpoenas.
``(C) The Inspector General may not issue a subpoena for or
on behalf of any other element of the intelligence community,
including the Office of the Director of National
Intelligence.
``(D) In the case of contumacy or refusal to obey a
subpoena issued under this paragraph, the subpoena shall be
enforceable by order of any appropriate district court of the
United States.
``(g) Coordination Among Inspectors General of Intelligence
Community.--(1)(A) In the event of a matter within the
jurisdiction of the Inspector General of the Intelligence
Community that may be subject to an investigation,
inspection, or audit by both the Inspector General of the
Intelligence Community and an Inspector General, whether
statutory or administrative, with oversight responsibility
for an element or elements of the intelligence community, the
Inspector General of the Intelligence Community and such
other Inspector or Inspectors General shall expeditiously
resolve the question of which Inspector General shall conduct
such investigation, inspection, or audit.
``(B) In attempting to resolve a question under
subparagraph (A), the Inspectors General concerned may
request the assistance of the Intelligence Community
Inspectors General Forum established under subparagraph (C).
In the event that the Inspectors General are unable to
resolve the question with assistance of that Forum, the
Inspectors General shall submit the question to the Director
of National Intelligence for resolution. In the event of a
dispute between an Inspector General within the Department of
Defense and the Inspector General of the Intelligence
Community that 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 Secretary of
Defense for resolution.
``(C) 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 or elements 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.
``(2) The Inspector General conducting an investigation,
inspection, or audit covered by paragraph (1) shall submit
the results of such investigation, inspection, or audit to
any other Inspector General, including the Inspector General
of the Intelligence Community, with jurisdiction to conduct
such investigation, inspection, or audit who did not conduct
such investigation, inspection, or audit.
``(h) Staff and Other Support.--(1) The Inspector General
of the Intelligence Community shall be provided with
appropriate and adequate office space at central and field
office locations, together with such equipment, office
supplies, maintenance services, and communications facilities
and services as may be necessary for the operation of such
offices.
``(2)(A) Subject to applicable law and the policies of the
Director of National Intelligence, the Inspector General
shall select, appoint, and employ such officers and employees
as may be necessary to carry out the functions of the
Inspector General. The Inspector General shall ensure that
any officer or employee so selected, appointed, or employed
has security clearances appropriate for the assigned duties
of such officer or employee.
``(B) In making selections under subparagraph (A), the
Inspector General shall ensure that such officers and
employees have the requisite training and experience to
enable the Inspector General to carry out the duties of the
Inspector General effectively.
``(C) In meeting the requirements of this paragraph, the
Inspector General shall create within the Office of the
Inspector General of the Intelligence Community a career
cadre of sufficient size to provide appropriate continuity
and objectivity needed for the effective performance of the
duties of the Inspector General.
``(3)(A) Subject to the concurrence of the Director, the
Inspector General may request such information or assistance
as may be necessary for carrying out the duties and
responsibilities of the Inspector General from any
department, agency, or other element of the United States
Government.
``(B) Upon request of the Inspector General for information
or assistance under subparagraph (A), the head of the
department, agency, or element concerned shall, insofar as is
practicable and not in contravention of any existing
statutory restriction or regulation of the department,
agency, or element, furnish to the Inspector General, or to
an authorized designee, such information or assistance.
``(C) The Inspector General of the Intelligence Community
may, upon reasonable notice to the head of any element of the
intelligence community, conduct, as authorized by this
section, an investigation, inspection, 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.
``(i) Reports.--(1)(A) The Inspector General of the
Intelligence Community shall, not later than January 31 and
July 31 of each year, prepare and submit to the Director of
National Intelligence a classified, and, as appropriate,
unclassified semiannual report
[[Page S12468]]
summarizing the activities of the Office of the Inspector
General of the Intelligence Community during the immediately
preceding 6-month periods ending December 31 (of the
preceding year) and June 30, respectively. The Inspector
General of the Intelligence Community shall provide that
portion of the report involving components of the Department
of Defense to the Secretary of Defense simultaneously with
submission of the report to the Director of National
Intelligence.
``(B) Each report under this paragraph shall include, at a
minimum, the following:
``(i) A list of the title or subject of each investigation,
inspection, 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.
``(ii) 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.
``(iii) A description of the recommendations for corrective
or disciplinary action made by the Inspector General during
the period covered by such report with respect to significant
problems, abuses, or deficiencies identified in clause (ii).
``(iv) A statement 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.
``(v) A certification whether or not the Inspector General
has had full and direct access to all information relevant to
the performance of the functions of the Inspector General.
``(vi) A description of the exercise of the subpoena
authority under subsection (f)(5) by the Inspector General
during the period covered by such report.
``(vii) Such recommendations as the Inspector General
considers appropriate for legislation to promote economy,
efficiency, and effectiveness in the administration and
implementation of matters within the responsibility and
authority of the Director of National Intelligence, and to
detect and eliminate fraud and abuse in such matters.
``(C) Not later than the 30 days after the date of receipt
of a report under subparagraph (A), the Director shall
transmit the report to the congressional intelligence
committees together with any comments the Director considers
appropriate. The Director shall transmit to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives that portion of the
report involving components of the Department of Defense
simultaneously with submission of the report to the
congressional intelligence committees.
``(2)(A) The Inspector General shall report immediately to
the Director whenever the Inspector General becomes aware of
particularly serious or flagrant problems, abuses, or
deficiencies relating to matters within the responsibility
and authority of the Director of National Intelligence.
``(B) The Director shall transmit to the [congressional
intelligence committees] congressional intelligence
committees, and as appropriate the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives relating to matters within the
Department of Defense, each report under subparagraph (A)
within seven calendar days of receipt of such report,
together with such comments as the Director considers
appropriate.
``(3) In the event that--
``(A) the Inspector General is unable to resolve any
differences with the Director affecting the execution of the
duties or responsibilities of the Inspector General;
``(B) an investigation, inspection, or audit carried out by
the Inspector General focuses on any current or former
intelligence community official who--
``(i) holds or held a position in an element of the
intelligence community that is subject to appointment by the
President, whether or not by and with the advice and consent
of the Senate, including such a position held on an acting
basis;
``(ii) holds or held a position in an element of the
intelligence community, including a position held on an
acting basis, that is appointed by the Director of National
Intelligence; or
``(iii) holds or held a position as head of an element of
the intelligence community or a position covered by
subsection (b) or (c) of section 106;
``(C) 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);
``(D) 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
``(E) the Inspector General, after exhausting all possible
alternatives, is unable to obtain significant documentary
information in the course of an investigation, inspection, or
audit,
the Inspector General shall immediately notify and submit a
report on such matter to the congressional intelligence
committees.
``(4) Pursuant to title V, the Director shall submit to the
congressional intelligence committees any report or findings
and recommendations of an investigation, inspection, or audit
conducted by the office which has been requested by the
Chairman or Vice Chairman or Ranking Minority Member of
either committee.
``(5)(A) An employee of an element of the intelligence
community, an employee assigned or detailed to an element of
the intelligence community, or an employee of a contractor to
the intelligence community who intends to report to Congress
a complaint or information with respect to an urgent concern
may report such complaint or information to the Inspector
General.
``(B) Not later than the end of the 14-calendar day period
beginning on the date of receipt from an employee of a
complaint or information under subparagraph (A), the
Inspector General shall determine whether the complaint or
information appears credible. Upon making such a
determination, the Inspector General shall transmit to the
Director a notice of that determination, together with the
complaint or information.
``(C) Upon receipt of a transmittal from the Inspector
General under subparagraph (B), the Director shall, within
seven calendar days of such receipt, forward such transmittal
to the congressional intelligence committees, together with
any comments the Director considers appropriate.
``(D)(i) If the Inspector General does not find credible
under subparagraph (B) a complaint or information submitted
under subparagraph (A), or does not transmit the complaint or
information to the Director in accurate form under
subparagraph (B), the employee (subject to clause (ii)) may
submit the complaint or information to Congress by contacting
either or both of the congressional intelligence committees
directly.
``(ii) An employee may contact the intelligence committees
directly as described in clause (i) only if the employee--
``(I) before making such a contact, furnishes to the
Director, through the Inspector General, a statement of the
employee's complaint or information and notice of the
employee's intent to contact the congressional intelligence
committees directly; and
``(II) obtains and follows from the Director, through the
Inspector General, direction on how to contact the
intelligence committees in accordance with appropriate
security practices.
``(iii) A member or employee of one of the congressional
intelligence committees who receives a complaint or
information under clause (i) does so in that member or
employee's official capacity as a member or employee of such
committee.
``(E) The Inspector General shall notify an employee who
reports a complaint or information to the Inspector General
under this paragraph of each action taken under this
paragraph with respect to the complaint or information. Such
notice shall be provided not later than 3 days after any such
action is taken.
``(F) An action taken by the Director or the Inspector
General under this paragraph shall not be subject to judicial
review.
``(G) In this paragraph, the term `urgent concern' means
any of the following:
``(i) A serious or flagrant problem, abuse, violation of
law or Executive order, or deficiency relating to the
funding, administration, or operation of an intelligence
activity involving classified information, but does not
include differences of opinions concerning public policy
matters.
``(ii) A false statement to Congress, or a willful
withholding from Congress, on an issue of material fact
relating to the funding, administration, or operation of an
intelligence activity.
``(iii) An action, including a personnel action described
in section 2302(a)(2)(A) of title 5, United States Code,
constituting reprisal or threat of reprisal prohibited under
subsection (f)(3)(B) of this section in response to an
employee's reporting an urgent concern in accordance with
this paragraph.
``(H) In support of this paragraph, Congress makes the
findings set forth in paragraphs (1) through (6) of section
701(b) of the Intelligence Community Whistleblower Protection
Act of 1998 (title VII of Public Law 105-272; 5 U.S.C. App.
8H note).
``(6) 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.
``(j) 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.
``(k) 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 effect the duties and
responsibilities of any other Inspector General, whether
statutory or administrative, having duties and
responsibilities relating to such element.''.
[[Page S12469]]
(2) Clerical amendment.--The table of contents in the first
section of the National Security Act of 1947, as amended by
section 409 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.''.
(b) Repeal of Superseded Authority To Establish Position.--
Section 8K of the Inspector General Act of 1978 (5 U.S.C.
App.) is repealed.
(c) Executive Schedule Level IV.--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.''.
SEC. 411. LEADERSHIP AND LOCATION OF CERTAIN OFFICES AND
OFFICIALS.
(a) National Counter Proliferation Center.--Section 119A(a)
of the National Security Act of 1947 (50 U.S.C. 404o-1(a)) is
amended--
(1) by striking ``(a) Establishment.--Not later than 18
months after the date of the enactment of the National
Security Intelligence Reform Act of 2004, the'' and inserting
the following:
``(a) In General.--
``(1) Establishment.--The''; and
(2) by adding at the end the following new paragraphs:
``(2) Director.--The head of the National Counter
Proliferation Center shall be the Director of the National
Counter Proliferation Center, who shall be appointed by the
Director of National Intelligence.
``(3) Location.--The National Counter Proliferation Center
shall be located within the Office of the Director of
National Intelligence.''.
(b) Officers.--Section 103(c) of that Act (50 U.S.C. 403-
3(c)) is amended--
(1) by redesignating paragraph (9) as paragraph (13); and
(2) by inserting after paragraph (8) the following new
paragraphs:
``(9) The Chief Information Officer of the Intelligence
Community.
``(10) The Inspector General of the Intelligence Community.
``(11) The Director of the National Counterterrorism
Center.
``(12) The Director of the National Counter Proliferation
Center.''.
SEC. 412. NATIONAL SPACE INTELLIGENCE OFFICE.
(a) Establishment.--
(1) In general.--Title I of the National Security Act of
1947 (50 U.S.C. 401 et seq.) is amended by adding at the end
the following new section:
``NATIONAL SPACE INTELLIGENCE OFFICE
``Sec. 119C. (a) Establishment.--There is established
within the Office of the Director of National Intelligence a
National Space Intelligence Office.
``(b) Director of National Space Intelligence Office.--The
National Intelligence Officer for Science and Technology, or
a successor position designated by the Director of National
Intelligence, shall act as the Director of the National Space
Intelligence Office.
``(c) Missions.--The National Space Intelligence Office
shall have the following missions:
``(1) To coordinate and provide policy direction for the
management of space-related intelligence assets.
``(2) To prioritize collection activities consistent with
the National Intelligence Collection Priorities framework, or
a successor framework or other document designated by the
Director of National Intelligence.
``(3) To provide policy direction for programs designed to
ensure a sufficient cadre of government and nongovernment
personnel in fields relating to space intelligence, including
programs to support education, recruitment, hiring, training,
and retention of qualified personnel.
``(4) To evaluate independent analytic assessments of
threats to classified United States space intelligence
systems throughout all phases of the development,
acquisition, and operation of such systems.
``(d) Access to Information.--The Director of National
Intelligence shall ensure that the National Space
Intelligence Office has access to all national intelligence
information (as appropriate), and such other information (as
appropriate and practical), necessary for the Office to carry
out the missions of the Office under subsection (c).
``(e) Separate Budget Account.--The Director of National
Intelligence shall include in the National Intelligence
Program budget a separate line item for the National Space
Intelligence Office.''.
(2) Clerical amendment.--The table of contents in the first
section of the National Security Act of 1947 is amended by
inserting after the item relating to section 119B the
following new item:
``Sec. 119C. National Space Intelligence Office.''.
(b) Report on Organization of Office.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Director of the
National Space Intelligence Office shall submit to the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives a report on the organizational structure of
the National Space Intelligence Office established by section
119C of the National Security Act of 1947 (as added by
subsection (a)).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The proposed organizational structure of the National
Space Intelligence Office.
(B) An identification of key participants in the Office.
(C) A strategic plan for the Office during the five-year
period beginning on the date of the report.
SEC. 413. OPERATIONAL FILES IN THE OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE.
(a) In General.--Title VII of the National Security Act of
1947 (50 U.S.C. 431 et seq.) is amended by adding at the end
the following new section:
``PROTECTION OF CERTAIN FILES OF THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE
``Sec. 706. (a) Records From Exempted Operational Files.--
(1) Any record disseminated or otherwise provided to an
element of the Office of the Director of National
Intelligence from the exempted operational files of elements
of the intelligence community designated in accordance with
this title, and any operational files created by the Office
of the Director of National Intelligence that incorporate
such record in accordance with subparagraph (A)(ii), shall be
exempted from the provisions of section 552 of title 5,
United States Code that require search, review, publication
or disclosure in connection therewith, in any instance in
which--
``(A)(i) such record is shared within the Office of the
Director of National Intelligence and not disseminated by
that Office beyond that Office; or
``(ii) such record is incorporated into new records created
by personnel of the Office of the Director of National
Intelligence and maintained in operational files of the
Office of the Director of National Intelligence and such
record is not disseminated by that Office beyond that Office;
and
``(B) the operational files from which such record has been
obtained continue to remain designated as operational files
exempted from section 552 of title 5, United States Code.
``(2) The operational files of the Office of the Director
of National Intelligence referred to in paragraph (1)(A)(ii)
shall be similar in nature to the originating operational
files from which the record was disseminated or provided, as
such files are defined in this title.
``(3) Records disseminated or otherwise provided to the
Office of the Director of National Intelligence from other
elements of the intelligence community that are not protected
by paragraph (1), and that are authorized to be disseminated
beyond the Office of the Director of National Intelligence,
shall remain subject to search and review under section 552
of title 5, United States Code, but may continue to be
exempted from the publication and disclosure provisions of
that section by the originating agency to the extent that
such section permits.
``(4) Notwithstanding any other provision of this title,
records in the exempted operational files of the Central
Intelligence Agency, the National Geospatial-Intelligence
Agency, the National Reconnaissance Office, the National
Security Agency, or the Defense Intelligence Agency shall not
be subject to the search and review provisions of section 552
of title 5, United States Code, solely because they have been
disseminated to an element or elements of the Office of the
Director of National Intelligence, or referenced in
operational files of the Office of the Director of National
Intelligence and that are not disseminated beyond the Office
of the Director of National Intelligence.
``(5) Notwithstanding any other provision of this title,
the incorporation of records from the operational files of
the Central Intelligence Agency, the National Geospatial-
Intelligence Agency, the National Reconnaissance Office, the
National Security Agency, or the Defense Intelligence Agency,
into operational files of the Office of the Director of
National Intelligence shall not subject that record or the
operational files of the Central Intelligence Agency, the
National Geospatial-Intelligence Agency, the National
Reconnaissance Office, the National Security Agency or the
Defense Intelligence Agency to the search and review
provisions of section 552 of title 5, United States Code.
``(b) Other Records.--(1) Files in the Office of the
Director of National Intelligence that are not exempted under
subsection (a) of this section which contain information
derived or disseminated from exempted operational files shall
be subject to search and review under section 552 of title 5,
United States Code.
``(2) The inclusion of information from exempted
operational files in files of the Office of the Director of
National Intelligence that are not exempted under subsection
(a) shall not affect the exemption of the originating
operational files from search, review, publication, or
disclosure.
``(3) Records from exempted operational files of the Office
of the Director of National Intelligence which have been
disseminated to and referenced in files that are not exempted
under subsection (a), and which have been returned to
exempted operational files of the Office of the Director of
National Intelligence for sole retention, shall be subject to
search and review.
``(c) Search and Review for Certain Purposes.--
Notwithstanding subsection (a), exempted operational files
shall continue to be subject to search and review for
information concerning any of the following:
``(1) United States citizens or aliens lawfully admitted
for permanent residence who have requested information on
themselves
[[Page S12470]]
pursuant to the provisions of section 552 or 552a of title 5,
United States Code.
``(2) Any special activity the existence of which is not
exempt from disclosure under the provisions of section 552 of
title 5, United States Code.
``(3) The specific subject matter of an investigation by
any of the following for any impropriety, or violation of
law, Executive order, or Presidential directive, in the
conduct of an intelligence activity:
``(A) The Select Committee on Intelligence of the Senate.
``(B) The Permanent Select Committee on Intelligence of the
House of Representatives.
``(C) The Intelligence Oversight Board.
``(D) The Department of Justice.
``(E) The Office of the Director of National Intelligence.
``(F) The Office of the Inspector General of the
Intelligence Community.
``(d) Decennial Review of Exempted Operational Files.--(1)
Not less than once every 10 years, the Director of National
Intelligence shall review the operational files exempted
under subsection (a) to determine whether such files, or any
portion of such files, may be removed from the category of
exempted files.
``(2) The review required by paragraph (1) shall include
consideration of the historical value or other public
interest in the subject matter of the particular category of
files or portions thereof and the potential for declassifying
a significant part of the information contained therein.
``(3) A complainant that alleges that Director of National
Intelligence has improperly withheld records because of
failure to comply with this subsection may seek judicial
review in the district court of the United States of the
district in which any of the parties reside, or in the
District of Columbia. In such a proceeding, the court's
review shall be limited to determining the following:
``(A) Whether the Director has conducted the review
required by paragraph (1) before the expiration of the 10-
year period beginning on the date of the enactment of the
Intelligence Authorization Act for Fiscal Year 2008 or before
the expiration of the 10-year period beginning on the date of
the most recent review.
``(B) Whether the Director of National Intelligence, in
fact, considered the criteria set forth in paragraph (2) in
conducting the required review.
``(e) Supersedure of Other Laws.--The provisions of this
section may not be superseded except by a provision of law
that is enacted after the date of the enactment of this
section and that specifically cites and repeals or modifies
such provisions.
``(f) Applicability.--The Director of National Intelligence
will publish a regulation listing the specific elements
within the Office of the Director of National Intelligence
whose records can be exempted from search and review under
this section.
``(g) Allegation; Improper Withholding of Records; Judicial
Review.--(1) Except as provided in paragraph (2), whenever
any person who has requested agency records under section 552
of title 5, United States Code, alleges that the Office of
the Director of National Intelligence has withheld records
improperly because of failure to comply with any provision of
this section, judicial review shall be available under the
terms set forth in section 552(a)(4)(B) of title 5, United
States Code.
``(2) Judicial review shall not be available in the manner
provided for under paragraph (1) as follows:
``(A) In any case in which information specifically
authorized under criteria established by an Executive order
to be kept secret in the interests of national defense or
foreign relations is filed with, or produced for, the court
by the Office of the Director of National Intelligence, such
information shall be examined ex parte, in camera by the
court.
``(B) The court shall determine, to the fullest extent
practicable, the issues of fact based on sworn written
submissions of the parties.
``(C) When a complainant alleges that requested records are
improperly withheld because of improper placement solely in
exempted operational files, the complainant shall support
such allegation with a sworn written submission based upon
personal knowledge or otherwise admissible evidence.
``(D)(i) When a complainant alleges that requested records
were improperly withheld because of improper exemption of
operational files, the Office of the Director of National
Intelligence shall meet its burden under section 552(a)(4)(B)
of title 5, United States Code, by demonstrating to the court
by sworn written submission that exempted operational files
likely to contain responsive records currently meet the
criteria set forth in subsection.
``(ii) The court may not order the Office of the Director
of National Intelligence to review the content of any
exempted operational file or files in order to make the
demonstration required under clause (i), unless the
complainant disputes the Office's showing with a sworn
written submission based on personal knowledge or otherwise
admissible evidence.
``(E) In proceedings under subparagraphs (C) and (D), the
parties may not obtain discovery pursuant to rules 26 through
36 of the Federal Rules of Civil Procedure, except that
requests for admissions may be made pursuant to rules 26 and
36.
``(F) If the court finds under this subsection that the
Office of the Director of National Intelligence has
improperly withheld requested records because of failure to
comply with any provision of this section, the court shall
order the Office to search and review the appropriate
exempted operational file or files for the requested records
and make such records, or portions thereof, available in
accordance with the provisions of section 552 of title 5,
United States Code, and such order shall be the exclusive
remedy for failure to comply with this section.
``(G) If at any time following the filing of a complaint
pursuant to this paragraph the Office of the Director of
National Intelligence agrees to search the appropriate
exempted operational file or files for the requested records,
the court shall dismiss the claim based upon such
complaint.''.
(b) Clerical Amendment.--The table of contents in the first
section of the National Security Act of 1947 is amended by
inserting after the item relating to section 705 the
following new item:
``Sec. 706. Operational files in the Office of the Director of National
Intelligence.''.
SEC. 414. REPEAL OF CERTAIN AUTHORITIES RELATING TO THE
OFFICE OF THE NATIONAL COUNTER-INTELLIGENCE
EXECUTIVE.
(a) 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--
(1) by striking subsections (d), (h), (i), and (j); and
(2) by redesignating subsections (e), (f), (g), (k), (l),
and (m) as subsections (d), (e), (f), (g), (h), and (i),
respectively; and
(3) in subsection (f), as redesignated by paragraph (2), by
striking paragraphs (3) and (4).
(b) Conforming Amendments.--That section is further
amended--
(1) in subsection (d), as redesignated by subsection (a)(2)
of this section, by striking ``subsection (f)'' each place it
appears in paragraphs (1) and (2) and inserting ``subsection
(e)''; and
(2) in subsection (e), as so redesignated--
(A) in paragraph (1), by striking ``subsection (e)(1)'' and
inserting ``subsection (d)(1)''; and
(B) in paragraph (2), by striking ``subsection (e)(2)'' and
inserting ``subsection (d)(2)''.
SEC. 415. INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT
TO ADVISORY COMMITTEES OF THE OFFICE OF THE
DIRECTOR OF NATIONAL INTELLIGENCE.
Section 4(b) of the Federal Advisory Committee Act (5
U.S.C. App.) is amended--
(1) in paragraph (1), by striking ``or'';
(2) in paragraph (2), by striking the period and inserting
``; or''; and
(3) by adding at the end the following new paragraph:
``(3) the Office of the Director of National
Intelligence.''.
SEC. 416. MEMBERSHIP OF THE DIRECTOR OF NATIONAL INTELLIGENCE
ON THE TRANSPORTATION SECURITY OVERSIGHT BOARD.
Subparagraph (F) of section 115(b)(1) of title 49, United
States Code, is amended to read as follows:
``(F) The Director of National Intelligence, or the
Director's designee.''.
SEC. 417. APPLICABILITY OF THE PRIVACY ACT TO THE DIRECTOR OF
NATIONAL INTELLIGENCE AND THE OFFICE OF THE
DIRECTOR OF NATIONAL INTELLIGENCE.
Subsection (j) of section 552a of title 5, United States
Code, is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) maintained by the Office of the Director of National
Intelligence; or''.
Subtitle B--Central Intelligence Agency
SEC. 421. DIRECTOR AND DEPUTY DIRECTOR OF THE CENTRAL
INTELLIGENCE AGENCY.
(a) Establishment of Position of Deputy Director of Central
Intelligence Agency.--Subsection (a) of section 104A of the
National Security Act of 1947 (50 U.S.C. 403-4a) is amended--
(1) by redesignating subsections (b), (c), (d), (e), (f),
and (g) as subsections (d), (e), (f), (g), (h), and (i)
respectively; and
(2) by inserting after subsection (a) the following new
subsections (b) and (c):
``(b) Deputy Director of Central Intelligence Agency.--(1)
There is a Deputy Director of the Central Intelligence Agency
who shall be appointed by the President, by and with the
advice and consent of the Senate.
``(2) 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.
``(3) The Deputy Director of the Central Intelligence
Agency shall act for, and exercise the powers of, the
Director of the Central Intelligence Agency 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.
``(c) Military Status of Director of the Central
Intelligence Agency and Deputy Director of Central
Intelligence Agency.--(1) Not more than one of the
individuals serving in the positions specified in subsection
(a) and (b) may be a commissioned officer of the Armed Forces
in active status.
[[Page S12471]]
``(2) A commissioned officer of the Armed Forces who is
serving as the Director or Deputy Director of the Central
Intelligence Agency or is engaged in administrative
performance of the duties of Director or Deputy Director of
the Central Intelligence Agency shall not, while continuing
in such service, or in the administrative performance of such
duties--
``(A) be subject to supervision or control by the Secretary
of Defense or by any officer or employee of the Department of
Defense; or
``(B) exercise, by reason of the officer's status as a
commissioned officer, any supervision or control with respect
to any of the military or civilian personnel of the
Department of Defense except as otherwise authorized by law.
``(3) Except as provided in subparagraph (A) or (B) of
paragraph (2), the service, or the administrative performance
of duties, described in that paragraph by an officer
described in that paragraph shall not affect the status,
position, rank, or grade of such officer in the Armed Forces,
or any emolument, perquisite, right, privilege, or benefit
incident to or arising out of such status, position, rank, or
grade.
``(4) A commissioned officer described in paragraph (2),
while serving, or continuing in the administrative
performance of duties, as described in that paragraph and
while remaining on active duty, shall continue to receive
military pay and allowances. Funds from which such pay and
allowances are paid shall be reimbursed from funds available
to the Director of the Central Intelligence Agency.''.
(b) Conforming Amendment.--Paragraph (2) of subsection (e)
of such section, as redesignated by subsection (a)(1) of this
section, is further amended by striking ``subsection (d)''
and inserting ``subsection (f)''.
(c) Executive Schedule Level III.--Section 5314 of title 5,
United States Code, is amended by adding at the end the
following new item:
``Deputy Director of the Central Intelligence Agency.''.
(d) Role of DNI in Appointment.--Section 106(b)(2) of the
National Security Act of 1947 (50 U.S.C. 403-6(b)(2)) is
amended by adding at the end the following new subparagraph:
``(J) The Deputy Director of the Central Intelligence
Agency.''.
(e) Effective Date and Applicability.--The amendments made
by this section shall take effect on the date of the
enactment of this Act and shall apply upon the earlier of--
(1) the date of the nomination 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
after such date of nomination and until the individual
appointed to the position of Deputy Director of the Central
Intelligence Agency, by and with the advice and consent of
the Senate, assumes the duties of such position; or
(2) the date of the cessation of the performance of the
duties of Deputy Director of the Central Intelligence Agency
by the individual administratively performing such duties as
of the date of the enactment of this Act.
SEC. 422. INAPPLICABILITY TO DIRECTOR OF THE CENTRAL
INTELLIGENCE AGENCY OF REQUIREMENT FOR ANNUAL
REPORT ON PROGRESS IN AUDITABLE FINANCIAL
STATEMENTS.
Section 114A of the National Security Act of 1947 (50
U.S.C. 404i-1) is amended by striking ``the Director of the
Central Intelligence Agency,''.
SEC. 423. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR PROTECTIVE
PERSONNEL OF THE CENTRAL INTELLIGENCE AGENCY.
Section 5(a)(4) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403f(a)(4)) is amended--
(1) by inserting ``(A)'' after ``(4)'';
(2) in subparagraph (A), as so designated--
(A) by striking ``and the protection'' and inserting ``the
protection''; and
(B) by striking the semicolon and inserting ``, and the
protection of the Director of National Intelligence and such
personnel of the Office of the Director of National
Intelligence as the Director of National Intelligence may
designate; and''; and
(3) by adding at the end the following new subparagraph:
``(B) Authorize personnel engaged in the performance of
protective functions authorized pursuant to subparagraph (A),
when engaged in the performance of such functions, to make
arrests without warrant for any offense against the United
States committed in the presence of such personnel, or for
any felony cognizable under the laws of the United States, if
such personnel have reasonable grounds to believe that the
person to be arrested has committed or is committing such
felony, except that any authority pursuant to this
subparagraph may be exercised only in accordance with
guidelines approved by the Director and the Attorney General
and such personnel may not exercise any authority for the
service of civil process or for the investigation of criminal
offenses;''.
SEC. 424. TECHNICAL AMENDMENTS RELATING TO TITLES OF CERTAIN
CENTRAL INTELLIGENCE AGENCY POSITIONS.
Section 17(d)(3)(B)(ii) of the Central Intelligence Agency
Act of 1949 (50 U.S.C. 403q(d)(3)(B)(ii)) is amended--
(1) in subclause (I), by striking ``Executive Director''
and inserting ``Associate Deputy Director'';
(2) in subclause (II), by striking ``Deputy Director for
Operations'' and inserting ``Director of the National
Clandestine Service''; and
(3) in subclause (IV), by striking ``Deputy Director for
Administration'' and inserting ``Director for Support''.
SEC. 425. AVAILABILITY OF THE EXECUTIVE SUMMARY OF THE REPORT
ON CENTRAL INTELLIGENCE AGENCY ACCOUNTABILITY
REGARDING THE TERRORIST ATTACKS OF SEPTEMBER
11, 2001.
(a) Public Availability.--Not later than September 1, 2007,
the Director of the Central Intelligence Agency shall prepare
and make available to the public a version of the Executive
Summary of the report entitled the ``Office of Inspector
General Report on Central Intelligence Agency Accountability
Regarding Findings and Conclusions of the Joint Inquiry into
Intelligence Community Activities Before and After the
Terrorist Attacks of September 11, 2001'' issued in June 2005
that is declassified to the maximum extent possible,
consistent with national security.
(b) Report to Congress.--The Director of the Central
Intelligence Agency shall submit to Congress a classified
annex to the redacted Executive Summary made available under
subsection (a) that explains the reason that any redacted
material in the Executive Summary was withheld from the
public.
SEC. 426. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON
RETIREMENT BENEFITS FOR FORMER EMPLOYEES OF AIR
AMERICA.
(a) In General.--Not later than 120 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 individuals
before 1977 as employees of Air America or an associated
company while such company was owned or controlled by the
United States Government and operated or managed by the
Central Intelligence Agency.
(b) Report Elements.--(1) The report required by subsection
(a) shall include the following:
(A) The history of Air America and associated companies
before 1977, including a description of--
(i) the relationship between such companies and the Central
Intelligence Agency and other elements of the United States
Government;
(ii) the workforce of such companies;
(iii) the missions performed by such companies and their
employees for the United States; and
(iv) the casualties suffered by employees of such companies
in the course of their employment with such companies.
(B) A description of the retirement benefits contracted for
or promised to the employees of such companies before 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 former employees
of such companies will receive any future retirement
benefits.
(C) An assessment of the difference between--
(i) the retirement benefits that former employees of such
companies have received or will receive by virtue of their
employment with such companies; and
(ii) the retirement benefits that such employees would have
received and in the future receive if such employees had
been, or would now be, treated as employees of the United
States whose services while in the employ of such companies
had been or would now be credited as Federal service for the
purpose of Federal retirement benefits.
(D) Any recommendations regarding the advisability of
legislative action to treat employment at such companies as
Federal service for the purpose of Federal retirement
benefits in light of the relationship between such companies
and the United States Government and the services and
sacrifices of such employees to and for the United States,
and if legislative action is considered advisable, a proposal
for such action and an assessment of its costs.
(2) The Director of National Intelligence shall include in
the report any views of the Director of the Central
Intelligence Agency on the matters covered by the report that
the Director of the Central Intelligence Agency considers
appropriate.
(c) Assistance of Comptroller General.--The Comptroller
General of the United States shall, upon the request of the
Director of National Intelligence and in a manner consistent
with the protection of classified information, assist the
Director in the preparation of the report required by
subsection (a).
(d) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(e) Definitions.--In this section:
(1) The term ``Air America'' means Air America,
Incorporated.
(2) The term ``associated company'' means any company
associated with or subsidiary to Air America, including Air
Asia Company Limited and the Pacific Division of Southern Air
Transport, Incorporated.
[[Page S12472]]
Subtitle C--Defense Intelligence Components
SEC. 431. ENHANCEMENTS OF NATIONAL SECURITY AGENCY TRAINING
PROGRAM.
(a) Termination of Employees.--Subsection (d)(1)(C) of
section 16 of the National Security Agency Act of 1959 (50
U.S.C. 402 note) is amended by striking ``terminated either
by'' and all that follows and inserting ``terminated--
``(i) by the Agency due to misconduct by the employee;
``(ii) by the employee voluntarily; or
``(iii) by the Agency for the failure of the employee to
maintain such level of academic standing in the educational
course of training as the Director of the National Security
Agency shall have specified in the agreement of the employee
under this subsection; and''.
(b) Authority To Withhold Disclosure of Affiliation With
NSA.--Subsection (e) of such section is amended by striking
``(1) When an employee'' and all that follows through ``(2)
Agency efforts'' and inserting ``Agency efforts''.
SEC. 432. CODIFICATION OF AUTHORITIES OF NATIONAL SECURITY
AGENCY PROTECTIVE PERSONNEL.
The National Security Agency Act of 1959 (50 U.S.C. 402
note) is amended by adding at the end the following new
section:
``Sec. 21. (a) The Director is authorized to designate
personnel of the Agency to perform protective functions for
the Director and for any personnel of the Agency designated
by the Director.
``(b)(1) In the performance of protective functions under
this section, personnel of the Agency designated to perform
protective functions pursuant to subsection (a) are
authorized, when engaged in the performance of such
functions, to make arrests without a warrant for--
``(A) any offense against the United States committed in
the presence of such personnel; or
``(B) any felony cognizable under the laws of the United
States if such personnel have reasonable grounds to believe
that the person to be arrested has committed or is committing
such felony.
``(2) The authority in paragraph (1) may be exercised only
in accordance with guidelines approved by the Director and
the Attorney General.
``(3) Personnel of the Agency designated to perform
protective functions pursuant to subsection (a) shall not
exercise any authority for the service of civil process or
the investigation of criminal offenses.
``(c) Nothing in this section shall be construed to impair
or otherwise affect any authority under any other provision
of law relating to the performance of protective
functions.''.
SEC. 433. INSPECTOR GENERAL MATTERS.
(a) Coverage Under Inspector General Act of 1978.--
Subsection (a)(2) of section 8G of the Inspector General Act
of 1978 (5 U.S.C. App. 8G) is amended--
(1) by inserting ``the Defense Intelligence Agency,'' after
``the Corporation for Public Broadcasting,'';
(2) by inserting ``the National Geospatial-Intelligence
Agency,'' after ``the National Endowment for the Arts,''; and
(3) by inserting ``the National Reconnaissance Office, the
National Security Agency,'' after ``the National Labor
Relations Board,''.
(b) Certain Designations Under Inspector General Act of
1978.--Subsection (a) of section 8H of the Inspector General
Act of 1978 (5 U.S.C. App. 8H) is amended by adding at the
end the following new paragraph:
``(3) The Inspectors General of the Defense Intelligence
Agency, the National Geospatial-Intelligence Agency, the
National Reconnaissance Office, and the National Security
Agency shall be designees of the Inspector General of the
Department of Defense for purposes of this section.''.
(c) Power of Heads of Elements Over Investigations.--
Subsection (d) of section 8G of that Act--
(1) by inserting ``(1)'' after ``(d)'';
(2) in the second sentence of paragraph (1), as designated
by paragraph (1) of this subsection, by striking ``The head''
and inserting ``Except as provided in paragraph (2), the
head''; and
(3) by adding at the end the following new paragraph:
``(2)(A) The Director of National Intelligence or the
Secretary of Defense may prohibit the Inspector General of an
element of the intelligence community specified in
subparagraph (D) from initiating, carrying out, or completing
any audit or investigation if the Director or the Secretary,
as the case may be, determines that the prohibition is
necessary to protect vital national security interests of the
United States.
``(B) If the Director or the Secretary exercises the
authority under subparagraph (A), the Director or the
Secretary, as the case may be, shall submit to the committees
of Congress specified in subparagraph (E) an appropriately
classified statement of the reasons for the exercise of the
authority not later than seven days after the exercise of the
authority.
``(C) At the same time the Director or the Secretary
submits under subparagraph (B) a statement on the exercise of
the authority in subparagraph (A) to the committees of
Congress specified in subparagraph (E), the Director or the
Secretary, as the case may be, shall notify the Inspector
General of such element of the submittal of such statement
and, to the extent consistent with the protection of
intelligence sources and methods, provide the Inspector
General with a copy of such statement. The Inspector General
may submit to such committees of Congress any comments on a
notice or statement received by the Inspector General under
this subparagraph that the Inspector General considers
appropriate.
``(D) The elements of the intelligence community specified
in this subparagraph are as follows:
``(i) The Defense Intelligence Agency.
``(ii) The National Geospatial-Intelligence Agency.
``(iii) The National Reconnaissance Office.
``(iv) The National Security Agency.
``(E) The committees of Congress specified in this
subparagraph are--
``(i) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
``(ii) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.''.
SEC. 434. CONFIRMATION OF APPOINTMENT OF HEADS OF CERTAIN
COMPONENTS OF THE INTELLIGENCE COMMUNITY.
(a) 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:
``Sec. 2. (a) There is a Director of the National Security
Agency.
``(b) The Director of the National Security Agency shall be
appointed by the President, by and with the advice and
consent of the Senate.
``(c) 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.''.
(b) Director of National Geospatial-Intelligence Agency.--
Section 441(b) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Director of the National Geospatial Intelligence
Agency shall be appointed by the President, by and with the
advice and consent of the Senate.''.
(c) 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.
(d) Positions of Importance and Responsibility.--
(1) Designation of positions.--The President may designate
any of the positions referred to in paragraph (2) as
positions of importance and responsibility under section 601
of title 10, United States Code.
(2) Covered positions.--The positions referred to in this
paragraph are as follows:
(A) The Director of the National Security Agency.
(B) The Director of the National Geospatial-Intelligence
Agency.
(C) The Director of the National Reconnaissance Office.
(e) Effective Date and Applicability.--
(1) In general.--The amendments made by subsections (a) and
(b), and subsection (c), shall take effect on the date of the
enactment of this Act and shall apply upon the earlier of--
(A) 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
(B) 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.
(2) Positions of importance and responsibility.--Subsection
(d) shall take effect on the date of the enactment of this
Act.
SEC. 435. CLARIFICATION OF NATIONAL SECURITY MISSIONS OF
NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY FOR
ANALYSIS AND DISSEMINATION OF CERTAIN
INTELLIGENCE INFORMATION.
Section 442(a) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2)(A) As directed by the Director of National
Intelligence, the National Geospatial-Intelligence Agency
shall also develop a system to facilitate the analysis,
dissemination, and incorporation of likenesses, videos, and
presentations produced by ground-based platforms, including
handheld or clandestine photography taken by or on behalf of
human intelligence collection organizations or available as
open-source information, into the National System for
Geospatial Intelligence.
``(B) The authority provided by this paragraph does not
include the authority to manage or direct the tasking of, set
requirements and priorities for, set technical requirements
related to, or modify any classification or dissemination
limitations related to the collection of, handheld or
clandestine photography taken by or on behalf of human
intelligence collection organizations.''; and
(3) in paragraph (3), as so redesignated, by striking
``paragraph (1)'' and inserting ``paragraphs (1) and (2)''.
[[Page S12473]]
SEC. 436. SECURITY CLEARANCES IN THE NATIONAL GEOSPATIAL-
INTELLIGENCE AGENCY.
The Secretary of Defense shall, during the period beginning
on the date of the enactment of this Act and ending on
December 31, 2008, delegate to the Director of the National
Geospatial-Intelligence Agency personnel security authority
with respect to the National Geospatial-Intelligence Agency
(including authority relating to the use of contractor
personnel in investigations and adjudications for security
clearances) that is identical to the personnel security
authority of the Director of the National Security Agency
with respect to the National Security Agency.
Subtitle D--Other Elements
SEC. 441. CLARIFICATION OF INCLUSION OF COAST GUARD AND DRUG
ENFORCEMENT ADMINISTRATION AS ELEMENTS OF THE
INTELLIGENCE COMMUNITY.
Section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4)) is amended--
(1) in subparagraph (H)--
(A) by inserting ``the Coast Guard,'' after ``the Marine
Corps,''; and
(B) by inserting ``the Drug Enforcement Administration,''
after ``the Federal Bureau of Investigation,''; and
(2) in subparagraph (K), by striking ``, including the
Office of Intelligence of the Coast Guard''.
SEC. 442. CLARIFYING AMENDMENTS RELATING TO SECTION 105 OF
THE INTELLIGENCE AUTHORIZATION ACT FOR FISCAL
YEAR 2004.
Section 105(b) of the Intelligence Authorization Act for
Fiscal Year 2004 (Public Law 108-177; 117 Stat. 2603; 31
U.S.C. 311 note) is amended--
(1) by striking ``Director of Central Intelligence'' and
inserting ``Director of National Intelligence''; and
(2) by inserting ``or in section 313 of such title,'' after
``subsection (a)),''.
TITLE V--OTHER MATTERS
SEC. 501. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT
OF 1947.
The National Security Act of 1947 (50 U.S.C. 401 et seq.)
is amended as follows:
(1) In section 102A (50 U.S.C. 403-1)--
(A) in subsection (c)(7)(A), by striking ``section'' and
inserting ``subsection'';
(B) in subsection (d)--
(i) in paragraph (3), by striking ``subparagraph (A)'' in
the matter preceding subparagraph (A) and inserting
``paragraph (1)(A)'';
(ii) in paragraph (5)(A), by striking ``or personnel'' in
the matter preceding clause (i); and
(iii) in paragraph (5)(B), by striking ``or agency
involved'' in the second sentence and inserting ``involved or
the Director of the Central Intelligence Agency (in the case
of the Central Intelligence Agency)'';
(C) in subsection (l)(2)(B), by striking ``section'' and
inserting ``paragraph''; and
(D) in subsection (n), by inserting ``and Other'' after
``Acquisition''.
(2) In section 119(c)(2)(B) (50 U.S.C. 404o(c)(2)(B)), by
striking ``subsection (h)'' and inserting ``subsection (i)''.
(3) In section 705(e)(2)(D)(i) (50 U.S.C.
432c(e)(2)(D)(i)), by striking ``responsible'' and inserting
``responsive''.
SEC. 502. TECHNICAL CLARIFICATION OF CERTAIN REFERENCES TO
JOINT MILITARY INTELLIGENCE PROGRAM AND
TACTICAL INTELLIGENCE AND RELATED ACTIVITIES.
Section 102A of the National Security Act of 1947 (50
U.S.C. 403-1) is amended--
(1) in subsection (c)(3)(A), by striking ``annual budgets
for the Joint Military Intelligence Program and for Tactical
Intelligence and Related Activities'' and inserting ``annual
budget for the Military Intelligence Program or any successor
program or programs''; and
(2) in subsection (d)(1)(B), by striking ``Joint Military
Intelligence Program'' and inserting ``Military Intelligence
Program or any successor program or programs''.
SEC. 503. TECHNICAL AMENDMENTS TO THE INTELLIGENCE REFORM AND
TERRORISM PREVENTION ACT OF 2004.
(a) Amendments to National Security Intelligence Reform Act
of 2004.--The National Security Intelligence Reform Act of
2004 (title I of Public Law 108-458) is further amended as
follows:
(1) In section 1016(e)(10)(B) (6 U.S.C. 458(e)(10)(B)), by
striking ``Attorney General'' the second place it appears and
inserting ``Department of Justice''.
(2) In section 1061 (5 U.S.C. 601 note)--
(A) in subsection (d)(4)(A), by striking ``National
Intelligence Director'' and inserting ``Director of National
Intelligence''; and
(B) in subsection (h), by striking ``National Intelligence
Director'' and inserting ``Director of National
Intelligence''.
(3) In section 1071(e), by striking ``(1)''.
(4) In section 1072(b), by inserting ``Agency'' after
``Intelligence''.
(b) Other Amendments to Intelligence Reform and Terrorism
Prevention Act of 2004.--The Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) is
amended as follows:
(1) In section 2001 (28 U.S.C. 532 note)--
(A) in subsection (c)(1), by inserting ``of'' before ``an
institutional culture'';
(B) 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
(C) in subsection (f), by striking ``shall,'' in the matter
preceding paragraph (1) and inserting ``shall''.
(2) In section 2006 (28 U.S.C. 509 note)--
(A) in paragraph (2), by striking ``the Federal'' and
inserting ``Federal''; and
(B) in paragraph (3), by striking ``the specific'' and
inserting ``specific''.
SEC. 504. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES
CODE, ARISING FROM ENACTMENT OF THE
INTELLIGENCE REFORM AND TERRORISM PREVENTION
ACT OF 2004.
(a) References to Head of Intelligence Community.--Title
10, United States Code, is amended by striking ``Director of
Central Intelligence'' each place it appears in a provision
as follows and inserting ``Director of National
Intelligence'':
(1) Section 193(d)(2).
(2) Section 193(e).
(3) Section 201(a).
(4) Section 201(b)(1).
(5) Section 201(c)(1).
(6) Section 425(a).
(7) Section 431(b)(1).
(8) Section 441(c).
(9) Section 441(d).
(10) Section 443(d).
(11) Section 2273(b)(1).
(12) Section 2723(a).
(b) Clerical Amendments.--Such title is further amended by
striking ``Director of Central Intelligence'' each place it
appears in a provision as follows and inserting ``Director of
National Intelligence'':
(1) Section 441(c).
(2) Section 443(d).
(c) Reference to Head of Central Intelligence Agency.--
Section 444 of such title is amended by striking ``Director
of Central Intelligence'' each place it appears and inserting
``Director of the Central Intelligence Agency''.
SEC. 505. TECHNICAL AMENDMENT TO THE CENTRAL INTELLIGENCE
AGENCY ACT OF 1949.
Section 5(a)(1) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403f(a)(1)) is amended by striking
``authorized under paragraphs (2) and (3) of section 102(a),
subsections (c)(7) and (d) of section 103, subsections (a)
and (g) of section 104, and section 303 of the National
Security Act of 1947 (50 U.S.C. 403(a)(2), (3), 403-3(c)(7),
(d), 403-4(a), (g), and 405)'' and inserting ``authorized
under section 104A of the National Security Act of 1947 (50
U.S.C. 403-4a).''.
SEC. 506. TECHNICAL AMENDMENTS RELATING TO THE MULTIYEAR
NATIONAL INTELLIGENCE PROGRAM.
(a) In General.--Subsection (a) of section 1403 of the
National Defense Authorization Act for Fiscal Year 1991 (50
U.S.C. 404b) is amended--
(1) in the subsection caption, by striking ``Foreign''; and
(2) by striking ``foreign'' each place it appears.
(b) Responsibility of DNI.--That section is further
amended--
(1) in subsections (a) and (c), by striking ``Director of
Central Intelligence'' and inserting ``Director of National
Intelligence''; and
(2) in subsection (b), by inserting ``of National
Intelligence'' after ``Director''.
(c) Conforming Amendment.--The heading of that section is
amended to read as follows:
``SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PROGRAM.''.
SEC. 507. TECHNICAL AMENDMENTS TO THE EXECUTIVE SCHEDULE.
(a) Executive Schedule Level II.--Section 5313 of title 5,
United States Code, is amended by striking the item relating
to the Director of Central Intelligence and inserting the
following new item:
``Director of the Central Intelligence Agency.''.
(b) Executive Schedule Level III.--Section 5314 of title 5,
United States Code, is amended by striking the item relating
to the Deputy Directors of Central Intelligence.
(c) Executive Schedule Level IV.--Section 5315 of title 5,
United States Code, is amended by striking the item relating
to the General Counsel of the Office of the National
Intelligence Director and inserting the following new item:
``General Counsel of the Office of the Director of National
Intelligence.''.
SEC. 508. TECHNICAL AMENDMENTS RELATING TO REDESIGNATION OF
THE NATIONAL IMAGERY AND MAPPING AGENCY AS THE
NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.
(a) Title 5, United States Code.--(1) Title 5, United
States Code, is amended by striking ``National Imagery and
Mapping Agency'' each place it appears in a provision as
follows and inserting ``National Geospatial-Intelligence
Agency'':
(A) Section 2302(a)(2)(C)(ii).
(B) Section 3132(a)(1)(B).
(C) Section 4301(1) (in clause (ii)).
(D) Section 4701(a)(1)(B).
(E) Section 5102(a)(1) (in clause (x)).
(F) Section 5342(a)(1) (in clause (K)).
(G) Section 6339(a)(1)(E).
(H) Section 7323(b)(2)(B)(i)((XIII).
(2) Section 6339(a)(2)(E) of such title is amended by
striking ``National Imagery and Mapping Agency, the Director
of the National Imagery and Mapping Agency'' and inserting
``National Geospatial-Intelligence Agency, the Director of
the National Geospatial-Intelligence Agency''.
(b) Title 44, United States Code.--(1)(A) Section 1336 of
title 44, United States Code, is amended by striking
``National Imagery
[[Page S12474]]
and Mapping Agency'' both places it appears and inserting
``National Geospatial-Intelligence Agency''.
(B) The heading of such section is amended to read as
follows:
``Sec. 1336. National Geospatial-Intelligence Agency: special
publications''.
(2) The table of sections at the beginning of chapter 13 of
such title is amended by striking the item relating to
section 1336 and inserting the following new item:
``1336. National Geospatial-Intelligence Agency: special
publications.''.
(c) Homeland Security Act of 2002.--Section 201(f)(2)(E) of
the Homeland Security Act of 2002 (6 U.S.C. 121(f)(2)(E)) is
amended by striking ``National Imagery and Mapping Agency''
and inserting ``National Geospatial-Intelligence Agency''.
(d) Inspector General Act of 1978.--Section 8H of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended by
striking ``National Imagery and Mapping Agency'' each place
it appears and inserting ``National Geospatial-Intelligence
Agency''.
(e) Ethics in Government Act of 1978.--Section 105(a)(1) of
the Ethics in Government Act of 1978 (5 U.S.C. App.) is
amended by striking ``National Imagery and Mapping Agency''
and inserting ``National Geospatial-Intelligence Agency''.
(f) Other Acts.--
(1) Section 7(b)(2)(A)(i) of the Employee Polygraph
Protection Act of 1988 (29 U.S.C. 2006(b)(2)(A)(i)) is
amended by striking ``National Imagery and Mapping Agency''
and inserting ``National Geospatial-Intelligence Agency''.
(2) Section 207(a)(2)(B) of the Legislative Branch
Appropriations Act, 1993 (44 U.S.C. 501 note) is amended by
striking ``National Imagery and Mapping Agency'' and
inserting ``National Geospatial-Intelligence Agency''.
SEC. 509. OTHER TECHNICAL AMENDMENTS RELATING TO
RESPONSIBILITY OF THE DIRECTOR OF NATIONAL
INTELLIGENCE AS HEAD OF THE INTELLIGENCE
COMMUNITY.
(a) In General.--
(1) The Public Interest Declassification Act of 2000 (50
U.S.C. 435 note) is amended by striking ``Director of Central
Intelligence'' each place it appears in a provision as
follows and inserting ``Director of National Intelligence'':
(A) Section 704(c)(2)(B).
(B) Section 706(b)(2).
(C) Section 706(e)(2)(B).
(2) Section 705(c) of such Act is amended by striking ``the
Director of Central Intelligence, as head of the intelligence
community,'' and inserting ``the Director of National
Intelligence''.
(b) Conforming Amendment.--The heading of section 705(c) of
such Act is amended by striking ``Director of Central
Intelligence'' and inserting ``Director of National
Intelligence''.
Mr. ROCKEFELLER. Mr. President, the Senate is poised to take action
today that is more than two years overdue. Today we will pass the
Fiscal Year 2008 Intelligence Authorization bill.
For the first 27 years after Congress created the intelligence
oversight committees, the annual authorization bill was considered
absolute-must-pass legislation. Its importance to our national security
was obvious to all. But in 2005 and 2006, the bills reported out of the
Senate Intelligence Committee were never even brought before the Senate
for consideration. I still cannot explain the reasons this happened,
but thanks to hard work of the committee and the support of the
majority leader, Senator Reid, we are about to correct that failing.
The Intelligence Authorization bill is the tool the Congress uses to
provide direction for the execution of some of the most sensitive and
important national security programs conducted by the U.S. Government.
This year's bill contains provisions, including specific requests from
the Director of National Intelligence, intended to improve the work of
the intelligence community. These provisions provide greater
flexibility and authority to the DNI; require greater accountability
from the intelligence community and its managers; improve the
mechanisms for conducting oversight of intelligence programs; and
reform intelligence program acquisition procedures.
Let me take a few minutes to provide my colleagues with more detail
on the provisions in each of these areas.
The most significant reform of the intelligence community since its
inseption in 1947 was the creation of the director of National
Intelligence. With 2 \1/2\ years of experience behind us, we have begun
identifying ways to bolster the DNI's efforts to better coordinate the
16 different elements of the intelligence community. Starting with
personnel authority, this bill uses a more flexible approach to
authorize personnel levels and also gives the DNI the ability to exceed
those ceilings by as much as 5 percent.
Because control of the budget is a key tool for the DNI, the bill
changes reprogramming requirements to make it easier to address
emerging needs, authorizes the DNI to use interagency funding to
establish national intelligence centers, and establishes a contingency
fund for the DNI, to react to emergencies or unforeseen opportunities.
The bill also enables the DNI to fund information-sharing efforts that
span across the intelligence community. Finally, it repeals several
unneeded and burdensome reporting requirements.
As it increases the authority of the DNI, the bill also improves
oversight of the intelligence community. The bill creates a strong,
independent inspector general for the intelligence community, confirmed
by the Senate, within the office of the DNI, and establishes statutory
inspectors general at the NSA, NRO, DIA and NGA. The bill also gives
the Congress more oversight of the major intelligence agencies by
requiring Senate confirmation of the directors of the NSA, NRO and NGA
and establishing a Senate-confirmed deputy director for the CIA. And as
we increase the DNI's flexibility to manage personnel, we require an
annual assessment of personnel levels across the intelligence community
to include a statement that those levels are supported by adequate
infrastructure, training and funding, and a review of the appropriate
use of contractors.
The committee has been concerned that intelligence failures and
programmatic blunders too often occur without anyone in a position of
responsibility being held accountable. The bill gives the DNI the
authority to conduct accountability reviews across the intelligence
community if he deems it necessary or if requested by Congress. It also
improves financial management by requiring a variety of actions related
to the production of auditable financial statements--a standard most
intelligence agencies cannot currently meet and an issue the committee
has focused on for several years.
The final major theme in the bill is the reform of the acquisition
process. The bill requires a vulnerability assessment for all major
acquisition programs, and attempts to curb the profligate cost overruns
and schedule delays we have witnessed in recent years by creating an
annual reporting system on all major intelligence community
acquisitions similar to the Nunn-McCurdy statute for defense
acquisitions.
In addition to these legislative provisions, the bill is accompanied
by a classified annex that includes specific budget recommendations.
The budgets are necessarily classified, but any Senator wishing to
review them has had that opportunity. The committee budget
recommendations include a substantial increase for advanced research
and development programs. The classified annex also includes language
directing the intelligence community to restructure its strategy for
acquiring imagery intelligence systems.
All of these provisions, in the public bill and the classified annex,
are important to ensuring that the intelligence community has the
authority and resources it needs to protect this country, and that
there are mechanisms in place for appropriate oversight of these very
sensitive programs.
Before I conclude I would be remiss if I did not mention the people
who worked so hard to get this bill to this point. First and foremost
among those is my incredibly dedicated vice chairman, Senator Kit Bond.
He has been tireless in his efforts to identify and remove obstacles to
the bill's passage. We would not have gotten here today without that
effort. His commitment to real oversight, conducted in a bipartisan
way, represents a return to the way the committee had operated for most
of its history.
Next let me thank the members of the staff who played such a key role
in preparing the bill and the annex and who have worked many hours on
this task. First, the committee staff director, Andy Johnson, has
implemented the committee's aggressive oversight agenda and has led the
staff with true professionalism. I rely heavily on his counsel. His
counterpart on the minority side, Louis Tucker, has not just supported
Vice Chairman Bond but has made an enormous contribution to the success
of our efforts so far this year. The general counsel, Mike Davidson,
and minority counsel, Jack Livingston,
[[Page S12475]]
have been extraordinarily meticulous in drafting the legislative
language that makes up the public bill. The committee is lucky to have
them both. The budget director, Lorenzo Goco, did a superb job in
putting together the classified annex. And as chairmen have been doing
for the past 20 years, I give a special thanks to our chief clerk
Kathleen McGhee for making everything on the committee work.
I look forward to the passage of this bill and the swift completion
of a conference with the House so that we can enact a bill to help
secure this nation from its enemies.
Mr. President, at this time I ask unanimous consent that the
committee-reported amendments--which Senator Bond is about to say some
words to and which he had an enormous amount to do with--be agreed to,
the amendment at the desk be considered and agreed to; that the bill,
as amended, be read three times; that the Intelligence Committee be
then discharged from consideration of H.R. 2082, the House companion,
and the Senate then proceed to its consideration; that all after the
enacting clause be stricken and the text of S. 1538, as amended, be
inserted in lieu thereof; that the bill be read a third time, passed,
and the motion to reconsider be laid upon the table; that upon passage,
the Senate insist on its amendment, request a conference with the House
on the disagreeing votes of the two Houses, and that the Chair be
authorized to appoint conferees on the part of the Senate; that S. 1538
be returned to the calendar, and any statements be printed at the
appropriate place in the Record without intervening action or debate.
The ACTING PRESIDENT pro tempore. Is there objection?
Mr. BOND. No objection on this side.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The committee amendments were agreed to.
The amendment (No. 3160) was agreed to.
(The text of the amendment is printed in today's Record under ``Text
of Amendments.'')
The bill was ordered to be engrossed for a third reading and was read
the third time.
The bill, (H.R. 2082), as amended, was ordered to a third reading,
was read the third time, and passed.
Mr. ROCKEFELLER. Mr. President, I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from Missouri is
recognized.
Mr. BOND. Mr. President, has the time for the majority side expired?
The ACTING PRESIDENT pro tempore. There is 51 seconds remaining. I
don't see anyone seeking recognition, so the Senator from Missouri is
recognized.
Mr. BOND. I thank the Chair. Most of all, I thank my chairman,
Senator Rockefeller. I thank the chairman of the committee and all of
the members of the committee to be able to pass this very important
intelligence authorization bill. We have had a 3-year hiatus with no
intelligence authorization bill. This came despite multiple attempts on
the Senate floor. Today, we see, fortunately, the end of that cycle
with the passage of the fiscal year 2008 intelligence authorization
bill.
Passing this bill is important and noteworthy because it is one of
the committee's most important tools in providing strong congressional
oversight of the intelligence activities the American people expect and
deserve. This bill we have just passed contains important provisions
that would improve the effectiveness of our intelligence agencies, most
of which were requested by the intelligence community. It is not a
perfect bill, and there are a few things in it that I may not totally
agree with, but overall this bill will benefit the intelligence
community and marks the important reassertion of congressional
oversight over our intelligence agencies and operations.
I commend Chairman Rockefeller for all of his hard work and the
diplomacy, skill, and patience in putting together the managers'
amendment that brought us to the floor today. In particular, we worked
very hard to keep the bill clean and to strip it of challengeable and
politically charged amendments, things that would have drawn objections
from this side and the other side. Several Senators on both sides of
the aisle had to give until it hurt to reach agreements, and I thank
them for their flexibility and cooperation. We cannot get this bill
done or any bill done in this Senate without bipartisan cooperation.
With this bill, the chairman and I and our committee are making a great
step forward in returning the work of the Intelligence Committee to
nonpartisan oversight and away from the politics that have weakened it
over the past few years. We have limited the bill to just those
provisions that had strong bipartisan support. Chairman Rockefeller and
I were also able to get a number of good-government positions into our
bill that will improve the effectiveness of our intelligence agencies.
Having said that, my colleagues should know that the chairman and I
will fight very hard to keep this agreement in conference.
If the House were to put in political amendments or other problematic
amendments which the Senate would not support, I will not support the
bill. Intelligence should be conducted behind closed doors. When we
talk about our intelligence matters openly in other committees or on
this floor, we hamper our intelligence ability.
I asked the current Director of the Central Intelligence Agency at
his confirmation hearing about 16 months ago: How badly have the
disclosures of our most sensitive intelligence methods hurt our ability
to deal with terrorists?
He ruefully said: We are now applying the Darwinian theory to
terrorists. We are only capturing the dumb ones.
Every time we talk in public about how we capture information, it
gives a roadmap to the terrorists to know exactly how to avoid being
intercepted. Unfortunately, there have in recent days been more
examples of such disclosures.
But back to this bill. This bill provides for the empowerment of the
Director of National Intelligence to conduct accountability reviews of
the individual elements of the intelligence community in relation to
significant failures or deficiencies.
This provision will encourage the intelligence community to address
their own internal failures or inefficiencies--something they have been
reluctant to do on their own. In the event that they are reluctant or
unable to do so, this amendment gives the DNI the authority he needs to
step in and conduct his own reviews, authority the Director of National
Intelligence currently does not have.
The Intelligence authorization bill also contains a wide range of
other important provisions that will improve the efficiency and
accountability of the intelligence community, while at the same time
providing the DNI with additional authority and flexibility, including
creation of a strong, independent inspector general for the
intelligence community; additional authorities for the DNI to improve
information sharing in the intelligence community; measures to protect
the cover of our clandestine intelligence officers; and measures to
address excessive cost growth in major acquisition programs--a real
problem we have seen in recent years.
The intelligence community has now gone 2 years without the detailed
guidance from the Congress that only this Intelligence authorization
bill can provide. I hope we can move this bill expeditiously through a
conference with the House to correct that situation.
We must do a better job of asserting congressional oversight of the
intelligence community, and one of the best ways to accomplish that
goal is to pass the annual Intelligence authorization bill. I am proud
to announce that today we have done that.
Mr. President, how much time do I have remaining?
The ACTING PRESIDENT pro tempore. The Senator has 4\1/2\ minutes.
Mr. BOND. Mr. President, I want to talk more broadly about the war on
terror and say it is with pleasure that we see the President's policy
of bringing back troops home when they complete their mission
successfully. Return on success is working. Marines are coming home
after having pacified Al Anbar Province and turned the responsibility
for maintaining security over to the Iraqi security forces. I know
about that personally and it is working. The marines are coming home.
We know they are coming home because
[[Page S12476]]
there was a story this morning on television about how marines were
held up for about 2\1/2\ hours by the TSA at one of the places they
landed in the United States. They refused to allow the marines to go
into the terminal because I guess they provided some kind of threat. In
any event, the marines are now coming back to face additional
challenges--not just the challenges of the TSA that we all undergo,
but, regrettably, too many of them have mental health problems, TBI and
PTSD, and in the Defense authorization bill we have passed provisions
to assist the wounded warriors coming home. But they have been
successful, and return on success means al-Qaida is no longer able to
exercise control over Al Anbar.
For those who think this is a diversion in the battle in the war on
terror, all they have to do is listen to the leaders, Osama bin Laden
and Zawihiri, who have said the headquarters of the caliphate from
which they are going to conduct worldwide operations is the land
between the two rivers. That is, of course, Iraq. If they win there,
they are stronger, and they will establish their headquarters there.
The intelligence community leaders, in January of this year, spoke in
open session before the Intelligence Committee. They said if we
withdraw before we have established relative peace and stability in the
area--in other words, if we withdraw on a political timetable dictated
by this body--there will be chaos. Three things will happen. There will
be increased killing among Shia and Sunni, genocide and bloodshed. Two,
that will bring in the other states in the region to protect their
coreligionists, and we will see the potential of a regionwide sectarian
war. Three, most frighteningly, al-Qaida will establish the safe haven
they have sought in Al Anbar and elsewhere from which to embolden their
efforts and attack the United States and United States persons abroad,
and our allies.
All you have to do to get an idea of the effectiveness of our new
counterinsurgency efforts, led by General Petraeus, is to pay attention
to what was found in the pocket of Abu al-Tunisi, the Tunisian al-Qaida
leader in Iraq who was responsible for bringing foreign fighters into
Iraq--the ones from Iran, Syria, Yemen, and others, with all of the
resources they had. Al-Tunisi had written letters to his leader,
saying: I am suffering. They are strangling us. I cannot get support.
We have hurt them and we have hurt them badly. Yes, al-Qaida is a
threat, but al-Qaida is not basing that threat from Iraq. Their leaders
are probably in the mountains of Pakistan or Afghanistan. I can assure
you we are doing everything we can--and we obviously cannot discuss
what we are doing--to capture and kill those leaders. Right now, we
have taken advantage and the counterinsurgency strategy is working. I
commend our troops and General Petraeus.
I thank the Chair and I yield the floor.
Mr. ROCKEFELLER. Will the Senator yield?
The ACTING PRESIDENT pro tempore. The Senator's time has expired.
Mr. ROCKEFELLER. Mr. President, we worked together on this, and I ask
unanimous consent to have 2 minutes.
The ACTING PRESIDENT pro tempore. Without objection, the Senator from
West Virginia is recognized for 2 minutes.
Mr. DURBIN. Mr. President, my understanding is that the Republican
side is going to extend its request for morning business.
Mr. CORNYN. Mr. President, I intend to ask unanimous consent that the
time spent on the Intel bill not be deducted from our time.
Mr. DURBIN. The Senator from Missouri spoke for approximately 10
minutes, is that correct?
The ACTING PRESIDENT pro tempore. That is correct.
Mr. DURBIN. Mr. President, I ask unanimous consent that the majority
side be given 10 additional minutes in morning business, 2 of those to
be allocated to the Senator from West Virginia.
The ACTING PRESIDENT pro tempore. Is there objection?
Without objection, it is so ordered.
Mr. BOND. Mr. President, does that include 10 minutes for my
colleague from Texas? I will ask for 10 additional minutes for the
minority side, which may have other subjects to talk about.
Mr. DURBIN. Reserving the right to object. I was protecting your side
for the 30 minutes initially allocated.
Mr. BOND. In that case, I withdraw my request.
The ACTING PRESIDENT pro tempore. Is the request there would be an
additional 10 minutes on the Republican side?
Mr. DURBIN. It is my understanding that 30 minutes was allocated to
the Republican side for morning business. The Senator from Missouri
spoke for approximately 10 minutes on an issue and asked that that not
be deducted from the Republican morning business time. I am happy to
acknowledge that, and I ask that we be given 10 minutes, 2 of which
will be given to the Senator from West Virginia. So that protects those
still here for the 30 minutes originally allocated for Republican
morning business.
The ACTING PRESIDENT pro tempore. Without objection, the time will be
so adjusted.
The Senator from West Virginia is recognized.
Mr. ROCKEFELLER. Mr. President, I thank the Chair and I thank the
Senator from Illinois.
All I wanted to say is that I think the unanimous consent agreement
which has been reached is the start. I want to use every fiber in my
body to thank the distinguished vice chairman, Senator Christopher
Bond, from Missouri, for the enormous role he played in making this
happen. It was objected to only a few days ago. It was cleared last
night, and I think it exemplified the partnership the Senator from
Missouri and myself are trying to bring to the Intelligence Committee.
This is an example of our work.
I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from Texas is
recognized.
Mr. CORNYN. Mr. President, parliamentary inquiry: Is it now the
appropriate time for us to begin our 30-minute allocation for morning
business?
The ACTING PRESIDENT pro tempore. The Senator is correct. There is
additional time on the Democratic side, but nobody is seeking
recognition.
Mr. CORNYN. I thank the Chair. I ask unanimous consent that following
my remarks for up to 10 minutes, Senator Bennett be recognized for up
to 10 minutes, and then Senator Kyl be recognized for up to 10 minutes.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
____________________
