[Congressional Record: October 3, 2007 (Senate)]
[Page S12539-S12561]
TEXT OF AMENDMENTS
SA 3160. Mr. ROCKEFELLER (for himself and Mr. Bond) proposed an
amendment to the 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; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Intelligence Authorization Act for Fiscal Year 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.
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. Enhanced flexibility in non-reimbursable details to elements
of the intelligence community.
Sec. 309. 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. 310. Vulnerability assessments of major systems.
Sec. 311. Annual personnel level assessments for the intelligence
community.
Sec. 312. Business enterprise architecture and business system
modernization for the intelligence community.
Sec. 313. Reports on the acquisition of major systems.
Sec. 314. Excessive cost growth of major systems.
Sec. 315. Submittal to Congress of certain court orders under the
Foreign Intelligence Surveillance Act of 1978.
Sec. 316. 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. 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.
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
[[Page S12541]]
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.
(a) Transfer of Funds.--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.
(b) Availability of Funds.--The funds transferred under
subsection (a) shall be available as follows:
(1) In the case of funds appropriated prior to the date of
the enactment of this section, for the time of availability
as originally appropriated.
(2) In the case of funds appropriated on or after the date
of the enactment of this section, without fiscal year
limitation.
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--
(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
[[Page S12542]]
``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. 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. 309. 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 December 1, 2007, the
Director of National Intelligence shall submit to the
congressional intelligence committees a comprehensive report
on all measures taken by the Office of the Director of
National Intelligence and by each element, if any, of the
intelligence community with relevant responsibilities to
comply with the provisions of the Detainee Treatment Act of
2005 (title X of division A of Public Law 109-148) 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 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) Submission to the Congressional Armed Services
Committees.--To the extent that the report required by
subsection (a) addresses an element of the intelligence
community within the Department of Defense, that portion of
the report, and any associated material that is necessary to
make that portion understandable, shall also be submitted by
the Director of National Intelligence to the congressional
armed services committees.
(e) Definitions.--In this section:
(1) The term ``congressional armed services committees''
means--
(A) the Committee on Armed Services of the Senate; and
(B) the Committee on Armed Services of the House of
Representatives.
(2) The term ``congressional intelligence committees''
means--
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives.
(3) 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. 310. 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).
[[Page S12543]]
``(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. 311. 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 310, is
further amended by inserting after section 506B, as added by
section 310(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 budget submission for personnel costs for the
upcoming fiscal year.
``(2) The dollar and percentage increase or decrease of
such costs as compared to the personnel costs of the current
fiscal year.
``(3) The dollar and percentage increase or decrease of
such costs as compared to the personnel costs during the
prior 5 fiscal years.
``(4) The number of personnel positions requested for the
upcoming fiscal year.
``(5) The numerical and percentage increase or decrease of
such number as compared to the number of personnel positions
of the current fiscal year.
``(6) The numerical and percentage increase or decrease of
such number as compared to the number of personnel positions
during the prior 5 fiscal years.
``(7) The best estimate of the number and costs of
contractors to be funded by the element for the upcoming
fiscal year.
``(8) The numerical and percentage increase or decrease of
such costs of contractors as compared to the best estimate of
the costs of contractors of the current fiscal year.
``(9) 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 310(b), is further
amended by inserting after the item relating to section 506B,
as added by section 310(b), the following new item:
``Sec. 506C. Annual personnel levels assessment for the intelligence
community.''.
SEC. 312. 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 310 and
311, is further amended by inserting after section 506C, as
added by section 311(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.
[[Page S12544]]
``(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
``(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 310 and 311, is
further amended by inserting after the item relating to
section 506C, as added by section 312(b) the following new
item:
``Sec. 506D. Intelligence community business systems, 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. 313. 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 310,
311, and 312, is further amended by inserting after section
506D, as added by section 312(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.
[[Page S12545]]
``(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 310, 311, and
312, is further amended by inserting after the item relating
to section 506D, as added by section 312(a)(2), the following
new item:
``Sec. 506E. Reports on the acquisition of major systems.''.
SEC. 314. EXCESSIVE COST GROWTH OF MAJOR SYSTEMS.
(a) Notification.--Title V of the National Security Act of
1947, as amended by sections 310 through 313, is further
amended by inserting after section 506E, as added by section
313(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 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 310 through 313
of this Act, is further amended by inserting after the items
relating to section 506E, as added by section 313(b), the
following new item:
``Sec. 506F. Excessive cost growth of major systems.''.
SEC. 315. 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) a copy of any
decision, order, or opinion issued by the court established
under section 103(a) or the court of review established under
section 103(b) that includes significant construction or
interpretation of any provision of this Act not later than 45
days after such decision, order, or opinion is issued.''.
[[Page S12546]]
SEC. 316. 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 may, 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''.
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.
[[Page S12547]]
``(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:
``(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').
[[Page S12548]]
``(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 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
[[Page S12549]]
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 of a dispute between an Inspector General within
a department of the United States Government 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 head of the department 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 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 any portion of the report involving a
component of a department of the United States Government to
the head of that department simultaneously with submission of
the report to the Director of National Intelligence.
``(B) Each report under this paragraph shall include, at a
minimum, the following:
``(i) A list of the title or subject of each investigation,
inspection, 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 committees of
the Senate and of the House of Representatives with
jurisdiction over a department of the United States
Government any portion of the report involving a component of
such department simultaneously with submission of the report
to the congressional intelligence committees.
``(2)(A) The Inspector General shall report immediately to
the Director whenever the Inspector General becomes aware of
particularly serious or flagrant problems, abuses, or
deficiencies relating to matters within the responsibility
and authority of the Director of National Intelligence.
``(B) The Director shall transmit to the congressional
intelligence committees each report under subparagraph (A)
within seven calendar days of receipt of such report,
together with such comments as the Director considers
appropriate. The Director shall transmit to the committees of
the Senate and of the House of Representatives with
jurisdiction over a department of the United States
Government any portion of each report under subparagraph (A)
that involves a
[[Page S12550]]
problem, abuse, or deficiency related to a component of such
department simultaneously with transmission of the report to
the congressional intelligence committees.
``(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.''.
(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.
[[Page S12551]]
``(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 fr
