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HR 2082 .R.2082
EAS
One Hundred Tenth Congress
In the Senate
of the
United States of America
AT THE SECOND SESSION
Begun and held at the United States,CityOctober 3, 2007. Resolved, That the bill from the House of Representatives (H.Washington on Thursday,
R. 2082
the third day of January, two thousand and eight
) entitled `An Act
An Act
tTo authorize appropriations for fiscal year 2008 the for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.
', do pass with Be it enacted by the followingAMENDMENT:Strike out all after the enacting clausSenate and insert:House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Intelligence Authorization Act for Fiscal Year 2008'.
(b) Table of Contents- The table of contents for this Act is as follows:
TITLE I--INTELLIGENCE ACTIVITIEBUDGET AND PERSONNEL AUTHORIZATIONS
Sec. 101. Authorization of appropriations.
Sec. 102. Classified sSchedule of aAuthorizations.
Sec. 103. Personnel levelceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. IncorporSpecific authorization of reporting requirements.funds within the National Intelligence Program for which fiscal year 2008 appropriations exceed amounts authorizedSec. 106. Development and acquisition program.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
TITLE III--INTELLIGENCE AND GENERAL INTELLIGENCE COMMUNITY MATTERS
Subtitle A--Personnel Matters
Sec. 301. Increase in employee compensation and benefits authorized by law.
Sec. 302. Restriction on conductEnhanced flexibility in nonreimbursable details to elements of the intelligence activitiescommunity.
Sec. 303. Clarification of definition of intelligence community under the National Security Act of 1947Multi-level security clearances.
Sec. 304. Pay authority for critical positions.
Sec. 305. Delegation of authority for travel on common carriers for intelligence collection personnel.
305. Modification of availability of funds for different intelligence activities.Sec. Sec. 306. Increase in penaltieAnnual personnel level assessments for disclosure of undercoverthe intelligence officers and agentscommunity.
Sec. 307. Extension toComprehensive report on intelligence community of authority to delete information about receipt and disposition of foreign gifts and decorationcontractors.
Sec. 308. Enhanced flexibilReport on proposed pay for performancity in non-reimbursable details to elements of the intelligence community personnel management system.
Sec. 309. Director of National IntelligenceR report on compliance with the Detainee Treatment Act of 2005 and related provisionsplans to increase diversity within of the Military Commissions Act of 2006.intelligence community.
Sec. 310
Subtitle B--Acquisition Matters
Sec. 311. Vulnerability assessments of major systems.
311. Annual personnel level assessments for the intelligence community.Sec. 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.
Subtitle C--Other Matters
Sec. 321. Restriction on conduct of intelligence activities.
Sec. 315. Submittal to Congress22. Clarification of certain court ordersdefinition of intelligence community under the Foreign Intelligence SurveillanceNational Security Act of 197847.
Sec. 31623. Modification of availability of funds for different intelligence activities.
Sec. 324. Protection of certain national security information.
Sec. 325. Extension of authority to delete information about receipt and disposition of foreign gifts and decorations.
Sec. 326. Report on compliance with the Detainee Treatment Act of 2005 and related provisions of the Military Commissions Act of 2006.
Sec. 327. Limitation on interrogation techniques.
Sec. 328. Limitation on use of funds.
Sec. 329. Incorporation of reporting requirements.
Sec. 330. 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 byClarification of limitation on colocation of the Office of the Director of National Intelligence.
Sec. 402. Additional authoritiesMembership of the Director of National Intelligence on intelligence information sharingthe Transportation Security Oversight Board.
Sec. 403. ModAdditional dutiesification limitation on delegation by of the Director of National IntelligenceScience of the protection of intelligence sources and methodsTechnology.
Sec. 404. Additional administrative authorityLeadership and location of the Director of National Intelligencecertain offices and officials.
Sec. 405. Enhancement of authorityPlan to implement recommendation of the Director of National Intelligence for flexible personnel management among the elements of the intelligence communitydata center energy efficiency reports.
Sec. 406. Clarificationomprehensive listing of limitationspecial access programs.
Sec. 407. Reports co-location of on the Officenuclear programs of Iran and North Korea.
Sec. 408. Requirements for accountability reviews by the Director of National Intelligence.
Sec. 4079. Modification. Additional duties of limitation on delegation by the Director of Science and TechnologyNational Intelligence of the Officeprotection of intelligence sources and methods.
Sec. 410. Authorities for intelligence information sharing.
Sec. 411. Authorities of the Director of National Intelligence for interagency funding.
Sec. 40128. Title of Chief Information Officer of the Intelligence Community.
Sec. 409. Reserve for Contingencies of the Office of the Director of National Intelligence.13Sec. 410. Inspector General of the Intelligence Community.
Sec. 4114. Annual report on foreign language proficiency in the intelligence community. Leadership and location of certain offices and officials.
Sec. 412.5. Director of Space National Intelligence Officereport on retirement benefits for former employees of Air America.
Sec. 4136. Space intelligence.
Sec. 417. Operational files in the Office of the Director of National Intelligence.
Sec. 414. Repeal of certain authorities relating8 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 National9 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.
Sec. 420. Repeal of certain authorities relating to the Office of the National Counterintelligence Executive.
Subtitle B--Central Intelligence Agency
Sec. 421. 31. Review of covert action programs by Inspector GeneralDirector and Deputy Director of the Central Intelligence Agency.
Sec. 4232. Inapplicability to Director of the Central Intelligence Agency of requirement for annual report on progress in auditable financial statements.
Sec. 4233. Additional functions and authorities for protective personnel of the Central Intelligence Agency.
Sec. 4234. Technical amendments relating to titles of certain Central Intelligence Agency positions.
Sec. 425. Director35. Clarifying amendments relating to section 105 of Nationalthe Intelligence report on retirement benefitsAuthorization Act for former employees of Air AmericaFiscal Year 2004.
Subtitle C--Defense Intelligence Components
Sec. 431. Enhancements41. Enhancement of National Security Agency training program.
Sec. 4342. Codification of authorities of National Security Agency protective personnel.
Sec. 4343. Inspector general matters.
Sec. 4344. Confirmation of appointment of heads of certain components of the intelligence community.
Sec. 4345. Clarification of national security missions of National Geospatial-Intelligence Agency for analysis and dissemination of certain intelligence information.
Sec. 4346. Security clearances in the National Geospatial-Intelligence Agency.
Subtitle D--Other Elements
TITLE V--OTHER MATTERS
Subtitle A--General Intelligence Matters
Sec. 501. Technical Extensionamendments to the National Security Act of 1947National Commission for the Review.Sec. 502. Technical clarification certain references to Joint Military Intelligence Program and Tactical Intelligence and Related Activities.Sec. 503. Technical amendments to of the Intelligence ReformResearch and Terrorism PreventionDevelopment Programs Act of 2004the United States Intelligence Community.
Sec. 5042. Report on intelligence activities.
Sec. 503. Aerial reconnaissance platforms.
Subtitle B--Technical Amendments
Sec. 511. Technical amendments to title 10, United States Code, arising from enactment of the Intelligence Reform and Terrorism Prevention Act of 2004.
Sec. 50125. Technical amendment to the Central Intelligence Agency Act of 1949.
Sec. 50136. Technical amendments relating to the multiyear National Intelligence Program.
Sec. 50714. Technical clarification of certain references to Joint Military Intelligence Program and Tactical Intelligence and Related Activities.
Sec. 515. Technical amendments to the Executive ScheduleNational Security Act of 1947.
Sec. 50816. Technical relating amendments redesignation of to the National ImageryIntelligence Reform and Mapping Agency as the Terrorism Prevention Act of 2004National Geospatial-Intelligence Agency.
Sec. 509. Other t17. Technical relating amendments responsibility of to the DirectorExecutive Schedule.
SEC. 2. DEFINITIONS.
In this Act:
(1) CONGRESSIONAL INTELLIGENCE COMMITTEES- The term `congressional intelligence committees' means--
(A) the Select Committee on Intelligence of Nationalthe Senate; and
(B) the Permanent Select Committee on Intelligence as headof the House of Representatives.
(2) ELEMENT OF THE INTELLIGENCE COMMUNITY- 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)).
(3) INTELLIGENCE COMMUNITY- The term `intelligence community' has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
TITLE I--INTELLIGENCE ACTIVITIEBUDGET AND PERSONNEL AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy, and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(89) The Department of the Treasury.
(910) The Department of Energy.
(101) The Department of Justice.
(112) The Federal Bureau of Investigation.
(12
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(13(15) The National Geospatial-Intelligence Agency.
(14) The Coast Guard.(16 (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 and, subject to section 103, the authorized personnel levels (expressed as full-time equivalent positions)ceilings as of September 30, 2008, for the conduct of the and intelligence-related intelligence activities of the elements listed in such sectionparagraphs (1) through (16) of section 101, are those specified in the classified Schedule of Authorizations prepared to accompany the conference report on the bill XXXH.R. 2082 of the One Hundred Tenth Congress.
(b) Availability of Classified Schedule of Authorizations- The classified Schedule of Authorizations referred to in subsection (a) shall be made available to the Committees on Appropriations of the Senate, the Committee on Appropriations of Senate and the House of Representatives, and to the President. The President shall provide for suitable distribution of the Schedule, or of appropriate portions of the Schedule, within the executive branch.
SEC. 103. PERSONNEL LEVELCEILING ADJUSTMENTS.
(a) Authority for AdjustmentIncreases- 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 of number full-time equivalent positions authorized for fiscal year 2008 underby the classified Schedule of Authorizations referred to in section 102 when(a) if the Director of National Intelligence determines that such action is necessary to the performance of important intelligence functions, except that the number of personnel employed in excess of the number authorized under such section may not, for any element of the intelligence community, exceed 53 percent of the number of civilian personnel authorized under such sectionSchedule for such element.
(b) Transition to Full-Time Equivalency-
(1) TREATMENT FOR FISCAL YEAR 2008- For fiscal year 2008, the Director of National Intelligence, in consultation with the head of each element of the intelligence community, may treat the personnel ceilings authorized under the classified Schedule of Authorizations referred to in section 102(a) as full-time equivalents.(2) CONSIDERATION- In exercising the authority described in paragraph (1), the Director of National Intelligence may consider the circumstances under which civilian employees are employed and accounted for at each element of the intelligence community in--(A) a student program, trainee program, or similar program;(B) reserve corps or equivalent status as a reemployed annuitant or other employee;(C) a joint duty rotational assignment; or(D) other full-time or part-time status.(3) NOTIFICATION TO CONGRESS- Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall notify the congressional intelligence committees in writing of--(A) the policies for implementing the authorities described in paragraphs (1) and (2); and(B) the number of all civilian personnel employed by, or anticipated to be employed by, each element of the intelligence community during fiscal year 2008 accounted for--(i) by position;(ii) by full-time equivalency; or(iii) by any other method.(4) TREATMENT FOR FISCAL YEAR 2009- The Director of National Intelligence shall express the personnel levels for all civilian employees for each element of the intelligence community in the congressional budget justifications submitted for fiscal year 2009 as full-time equivalent positions.
(c) 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 inof 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 for that purpose employment of additional full-time equivalent personnel in such element of the intelligence community equal to the number that is--
(1) in the case of personnel of Office of the Director of National Intelligence, not more than 5 percent of the number full-time equivalent contractor employees performing of such activities.personnel authorized for fiscal year 2008 by the classified Schedule of Authorizations referred to in section 102(a); or
(c
(2) except as provided in paragraph (1), not more than 10 percent of the number authorized for fiscal year 2008 by the classified Schedule of Authorizations referred to in section 102(a).
(d) Notice to Congressional Intelligence Committees- The Director of National Intelligence shall notify the Select Committee on Intelligence ofcongressional intelligence committe the Senate and the Permanent Select Committee on Intelligence of the House of Representatives in writing at least 15 days beforeprior to each exercise of thean authority described in subsection (a) or (bc).
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 $715,034,1276,000. 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 1952 full-time or768 full-time equivalent personnel as of September 30, 2008. Personnel serving in such elements may be permanent employees of the Office of the Director of National Community Management Account Intelligence 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 in elements levels within the Intelligence Community Management Account.
(d) Classified Authorizations-
(1) AUTHORIZATION OF APPROPRIATIONS- In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there also are authorized to be appropriated for Intelligence the 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 advanced 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 also are authorized such additional personnel for such elementsthe Community Management Account as of that date as are specified in the classified Schedule of Authorizations. referredSEC. 105. INCORPORATION OF REPORTING REQUIREMENTS. (a) In General- Each requirement to submit a report the congressional intelligence committees that is included to in section 102(a).
(e) National Drug Intelligence Center-
(1) IN GENERAL- Of the joint explanatory statementamount authorized to accompany the conference report on the bill be appropriatedXXX of the One Hundred Tenth Congress, or in subsection (a), $39,000,000 shall be available for the classified annex to this Act, is hereby incorporated into this ActNational Drug Intelligence Center. Within such amount, funds provided for research, development, testing, and is hereby made a requirement in law.evaluation purposes shall remain available until September 30, 2009, and funds provided for procurement purposes shall remain available until September 30, 2010.
(b) Congress(2) TRANSFER OF FUNDS- The Director of National Intelligence Committees Defined- In this section,shall transfer to the term `congressional intelligence committees' means--Attorney General funds available for (1) the Select Committee onNational Drug Intelligence Center under paragraph (1). The Attorney General shall utilize funds so transferred for the activities of the Senate; and (2)National Drug Intelligence Center.
(3) LIMITATION- Amounts available for the Permanent Select Committee onNational Drug Intelligence Center may not be used for purposes of the Houseexercising police, subpoena, or law enforcement powers or internal security functions.
(4) AUTHORITY- Notwithstanding any other provision of Representatives.law, the Attorney General shall retain full authority over the operationsSEC. 106. DEVELOPMENT AND ACQUISITION PROGRAM. (a) Transfer Funds- Of of the fNational Drug Intelligence Center.
SEC. 105. SPECIFIC AUTHORIZATION OF FUNDS WITHIN THE NATIONAL INTELLIGENCE PROGRAM FOR WHICH FISCAL YEAR 2008 APPROPRIATIONS EXCEED AMOUNTS AUTHORIZED.
Funds appropriated for an intelligence or intelligence-related activity within the National Intelligence Program for fiscal year 2008, and of funds currently available for obligation for in excess any prior fiscal year, the Director National Intelligence shall transfer not less than of the amount specified for such activity in the classified annex toSchedule the Office of the Director of National IntelligenceAuthorizations referred fund the development and acquisition of the program specified to in the classified annex.section 102 (b) Availability of Funds- The funds transferred under subsection (a) shall be available as follows:deemed (1) In the case of funds appropriated prior to the date of the enactment of this section,be specifically authorized by Congress for the time of availability as originally appropriated.purposes (2) In the case of funds appropriatedsection 504(a)(3) on or after the date of the enactmenNational Security Act of this section, without fiscal year limitation1947 (50 U.S.C. 414(a)(3)).
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 THE CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT.
Section 235(b)(1)(Aubparagraph (A) of section 235(b)(1) 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
Subtitle A--Personnel Matters
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay, retirement, and other benefits for 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 CONDUCTENHANCED FLEXIBILITY IN NONREIMBURSABLE DETAILS TO ELEMENTS OF THE INTELLIGENCE ACTIVITIES.COMMUNITY.
The authorizationExcept as provided in section 113 of appropriations by thisthe National Security Act shall notof 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 deemtailed constitute authority for to the conductstaff of any element of the intelligence activity which is not otherwise authorized bycommunity funded through the Constitutionmmunity Management Account from another element of the United States Government on a reimbursable or nonreimbursable basis, as jointly agreed to by the lawsDirector of National Intelligence and the United Statehead of the detailing element (or the designees of such officials), for a period not to exceed 2 years.
SEC. 303. CLARIFICATION OF DEFINITION OF INTELLIGENCE COMMUNITY UNDER THE NATIONAMULTI-LEVEL SECURITY ACT OF 1947.CLEARANCES.
Subparagraph (L
(a) In General- 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) Multi-Level Security Clearances- The Director of National Intelligence shall be responsible for ensuring that the elements of the intelligence community adopt a multi-level security clearance approach in order to enable the intelligence community to make more effective and efficient use of persons proficient in foreign languages or with cultural, linguistic, or other subject matter expertise that is critical to national security.'.
(b) Implementation- The Director of National Intelligence shall issue guidelines to the intelligence community on the implementation of subsection (s) of section 3(4)102A of the National Security Act of 1947, as added by subsection (a), not later than 180 days after the date of the enactment of this Act.
SEC. 304. PAY AUTHORITY FOR CRITICAL POSITIONS.
Section 102A of the National Security Act of 1947 (50 U.S.C. 4013-1), as amended by section 303 of this Act,a(4)) is further amended by striking `other'adding at the second place it appearsend the following new subsection:
`(t) Pay Authority for Critical Positions- (1) Notwithstanding any pay limitation established under any other provision of law applicable to employees in elements of the intelligence community, the Director of National Intelligence may, in consultation with the Director of the Office of Personnel Management and the Director of the Office of Management and Budget, grant authority to fix the rate of basic pay for 1 or more positions within the intelligence community at a rate in excess of any applicable limitation, subject to the provisions of this subsection. The exercise of authority so granted is at the discretion of the head of the department or agency employing the individual in a position covered by such authority, subject to the provisions of this subsection and any conditions established by the Director of National Intelligence when granting such authority.
`(2) Authority under this subsection may be granted or exercised--
`(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.'.
SEC. 3045. DELEGATION OF AUTHORITY FOR TRAVEL ON COMMON CARRIERS FOR INTELLIGENCE COLLECTION PERSONNEL.
(a) Delegation of Authority- Section 116(b) of the National Security Act of 1947 (50 U.S.C. 404k(b)) is amended--
(1) by inserting `(1)' before `The Director';
(2) in paragraph (1), as designated by paragraph (1) of this subsection, by striking `may only delegate' and all that follows and inserting `may delegate the authority in subsection (a) to the head of any other element of the intelligence community.'; and
(3) by adding at the end the following new paragraph:
`(2) The head of an element of the intelligence community to whom the authority in subsection (a) is delegated pursuant to paragraph (1) may further delegate such authority to such senior officials of such element as are specified in guidelines prescribed by the Director of National Intelligence for purposes of this paragraph.'.
(b) Submittalssion of Guidelines to Congress- Not later than six6 months after the date of the enactment of this Act, the Director of National Intelligence shall prescribe and submit to the congressional intelligence committees the guidelines referred to in paragraph (2) of section 116(b) of the National Security Act of 1947, as added by subsection (a).
(c) Congressional Intelligence Committees Defined- In this section, the term `congressional intelligence committees' means-- (1) the Select Committee on Intelligence of the Senate; and (2) the Permanent Select Committee on Intelligence of the House of Representatives.SEC. 305. MODIFICATION OF AVAILABILITY OF FUND6. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR DIFFERENTTHE INTELLIGENCE ACTIVITIES.COMMUNITY.
Subparagraph (B) of section 504(a)(3)(a) In General- Title V of the National Security Act of 1947 (50 U.S.C. 4143 et seq.(a)(3)) is amended to read as follows: `(B)by inserting after section 506A the use of such funds for such activity supports an emergent need, improves program effectiveness, or increases efficiency; and'.following new section:
`SEC. 306. INCREASE IN PENALTIE506B. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR DISCLOSURE OF UNDERCOVERTHE INTELLIGENCE OFFICERS AND AGENTS.COMMUNITY.
`(a) DisclosureRequirement To Provide- The Director of Agent After Access to Information Identifying Agent- Subsection (a)National Intelligence shall, in consultation with the head of section 601the element of the National Security Acintelligence community concerned, prepare an annual personnel level assessment for such element of 1947 (the intelligence community that assesses the personnel levels for each such element for the fiscal year following the fiscal year in which the assessment50 U.S.C. 421) is amended by striking `ten years' and inserting `15 years'. submitted.
`(b) Disclosure of Agent After AccessSchedule- Each assessment required by subsection (a) shall be submitted to Classified Information- Subsection (b) of such section is amendthe congressional intelligence committees each year along with the budget submitted by striking `five years' and inserting `ten years'.the President underSEC. 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)1105 of title 531, United States Code, is amended to read as follows: `(4)(A) In transmitting such listings.
`(c) Contents- Each assessment required by subsection (a) submitted during a fiscal year shall contain, at a minimum, the following information for anthe element of the intelligence community, concerned:
`(1) The budget submission for personnel costs for the headupcoming fiscal year.
`(2) The dollar and percentage increase or decrease of such element may deletecosts as compared to the information described in subparagraphs (A) and (C)personnel costs paragraphs (2) and (3) if of the headcurrent fiscal year.
`(3) The dollar and percentage increase or decrease of such element certifies in writingcosts as compared to the Secretarypersonnel costs during the prior 5 fiscal years.
`(4) The number of State thatpersonnel positions requested for the publicationupcoming fiscal year.
`(5) The numerical and percentage increase or decrease of such information could adversely affect United States intelligence sources or methods. `(B) Any information not providnumber as compared to the Secretarynumber of personnel positions State pursuant to of the authority in subparagraph (A) shall be transmittcurrent fiscal year.
`(6) The numerical and percentage increase or decrease of such number as compared to the Directonumber of National Intelligence. `(C) In this paragraph,personnel positions during the term `elementprior 5 fiscal years.
`(7) The best estimate of the intelligence community' means an elementnumber and costs of contractors to be funded by the intelligence community listed inelement for the upcoming fiscal year.
`(8) The numerical and percentage increase or designated under section 3(4)crease of the National Security Actsuch costs of 1947 (contractors50 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 113compared to the best estimate of the National Security Actcosts of 1947 (contractors50 U.S.C. 404h) and section 904(g)(2) of the Counterintelligence Enhancement Actcurrent fiscal year.
`(9) The numerical and percentage increase or decrease of 2002 (title IXsuch costs of Public Law 107-306; contractors as compared to the cost of contractors,50 U.S.C. 402c(g)(2)) and notwithstanding any other provisionthe number of law, in any fiscal year aftercontractors, during the prior 5 fiscal year 2007 an officer or employee ofs.
`(10) A written justification for the United Statesrequested personnel and contractor levels.
`(11) The number of intelligence collectors and analysts employed or membercontracted by each element of the Armed Forces may be detailed tointelligence community.
`(12) A list of all contractors that have been the staffubject of an investigation completed by the Inspector General of any element of the intelligence community funded throughduring the Community Management Account from another elemenpreceding fiscal year, or are or have been the subject of an investigation by such an Inspector General during the United States Governmentcurrent fiscal year.
on `(13) A statementa reimbursable or non-reimbursable basis, as jointly agreed to by the Director of National Intelligence that, based on current and projected funding, head of the detailing the element (orconcerned will have sufficient--
`(A) internal infrastructure to support the designees of such officials), for a period notrequested personnel and contractor levels;
`(B) training resources to exceed three years.support (b) Element of the Intelligence Community Defined- In this section,requested personnel levels; and
`(C) funding to support the term `elementadministrative and operational activities of the intelligence community' means anrequested personnel levels.'.
element(b) Clerical Amendment- The table of the intelligence community contentslisted in or designated underthe first 3(4) section of the National Securityat Act of 1947 (is amended by inserting after the item relating to section 506A the following new item:
SEC. 309. DIRECTOR OF NATIONAL INTELLIGENC7. COMPREHENSIVE REPORT ON COMPLIANCE WITH THE DETAINEE TREATMENT ACT OF 2005 AND RELATED PROVISIONS OF THE MILITARY COMMISSIONS ACT OF 2006.INTELLIGENCE COMMUNITY CONTRACTORS.
(a) Report Requiredquirement for Report- Not later than December 1, 2007March 31, 2008, the Director of National Intelligence shall submit to the congressional intelligence committees comprehensive a report on all measures taken by the Office ofdescribing the Director of National Intelligence anpersonal services activities performed by each element, if any, ofcontractors across the intelligence community with relevant responsibilities to comply with, the provisionsimpact of such contractors on the Detainee Treatment Act of 2005 (title X of division Aintelligence community workforce, plans for conversion of Public Law 109-148)contractor employment into government employment, related provisions of and the Military Commissions Actaccountability mechanisms that govern the performance of 2006 (Public Law 109-366).such contractors.
(b) ElementsContent-
(1) IN GENERAL- The report required bysubmitted under subsection (a) shall include the following:--
(1) A(A) a description of the detentionany relevant regulations or interrogation methods, if any, that have been determined to comply with section 1003guidance issued by the Director of National Intelligence or the Detainee Treatment Acthead of 2005 (119 Stat. 2739; an element42 U.S.C. 2000dd) and section 6 of the Military Commissions Acintelligence community relating to minimum standards required regarding the hiring, training, security clearance, and assignment of 2006 (120 Stat. 2632; contract personnel and how those standards may differ from those for government employees performing substantially similar functions;
18 U.S.C. 2441(B) an identification of contracts where note) (including the amendments made by such section 6), and, with respectcontractor is providing a substantially similar functions to each such method--a government employee;
(A(C) an identificationassessment of costs incurred or savings achieved by awarding contracts for the official makingperformance of such determination; and functions referred to in subparagraph (B) a statementinstead of using full-time employees of the basis for such determination.elements (2) A description of the detention or interrogation methods, if any, whose use has been discontinued pursuantintelligence community to the Detainee Treatment Acperform such functions;
(D) an assessment 2005 or of the Military Commission Actappropriateness of 2006, and, with respectusing contractors to each such method--perform the activities described in paragraph (2);
(A(E) an identificationestimate of the official makingnumber of contracts, and the determination to discontinuenumber of personnel working under such method; and (Bcontracts, related to the performance of activities described in paragraph (2);
(F) a statementcomparison of the basiscompensation of contract employees and government employees performing substantially similar functions;
(G) an analysis of the attrition of government personnel for such determination.contractor positions that provide substantially similar functions;
(3) A(H) a description of any acpositions that have been takenwill be converted from contractor employment to implementgovernment employment under the authority described in section 10043(c) of the Detainee Treatmentis Act and the justification for such conversion;
(I) an analysis of 2005 (119 Stat. 2740; accountability mechanisms within services contracts awarded for intelligence activities by42 U.S.C. 2000dd-1), and, with respect to each such action--element of the intelligence community during fiscal years 2006 and 2007;
(A
(J) an analysis of procedures in use in the intelligence community for conducting oversight of contractors to ensure identification and prosecution of criminal violations, financial waste, fraud, or other abuses committed by contractors or contract personnel; and
(K) an identification of best practices of accountability mechanisms within services contracts.
(2) ACTIVITIES- Activities described in this paragraph are the official taking such action; andfollowing:
(A) Intelligence collection.
(B) Intelligence analysis.
(C) Covert actions, including rendition, detention, and interrogation activities.
SEC. 308. REPORT ON PROPOSED PAY FOR PERFORMANCE INTELLIGENCE COMMUNITY PERSONNEL MANAGEMENT SYSTEM.
(a) Prohibition on Pay for Performance Until Report- The Director of National Intelligence and the head of an element of the intelligence community may not implement a statplan that provides compensation to personnel of that element of the basis for such action.intelligence community based on performance until the date (4) Any other matters that is 45 days after the date on which the Director considers necessaryof National Intelligence submits a report for that element under subsection (b).
(b) Report- The Director of National Intelligence shall submit to fully and currently informCongress a report on performance-based compensation for each element of congressional the intelligence committees about theunity, including, with respect to each such element--
(1) an implementation oftime line which includes target dates for completion of--
(A) the Detainee Treatment Acdevelopment of 2005 and related provisionsperformance appraisal plans;
(B) establishment of the Military Commissions Acoversight and appeal mechanisms;
(C) deployment of 2006.information technology systems;
(5) An appendix containing--
(D) management training;
(A) all guidelines
(E) employee training;
(F) compensation transition; and
(G) full operational capacity;
(2) an estimated budget for the applicimplementation of the Detainee Treatment Actperformance-based compensation system;
(3) an evaluation plan to monitor the implementation of 2005the performance-based compensation system and related provisionsto improve and modify such system;
(4) written standards for measuring the performance of employees;
(5) a description of the Military Commissions Actperformance-based compensation system, including budget oversight mechanisms to ensure sufficient funds to pay employees for bonuses;
(6) a description of 2006internal and external accountability mechanisms to ensure the detention or interrogation activities, if any,fair treatment of any elementemployees;
(7) a plan for initial and ongoing training for senior executives, managers, and employees;
(8) a description of the intelligence community; androle (B) all legal justifications of any officadvisory committee or officialther mechanism designed to gather the input of employees relating to the Departmentcreation and implementation Justice about of the meaning or applicationsystem;
(9) an assessment of Detainee Treatment Athe impact of 2005 or related provisionsthe performance-based compensation system on women, minorities, persons with disabilities, and veterans; and
(10) an assessment of the Military Commissions Actconsistency of 2006the plan described in subsection (a) for such element respect to with the detention or interrogation activities, if any,plans of any elementthe Director of National Intelligence for a performance-based compensation system for the intelligence community.
(c) Form- The report required by subsection
SEC. 309. REPORT ON PLANS TO INCREASE DIVERSITY WITHIN THE INTELLIGENCE COMMUNITY.
(a) shall be submittedRequirement for Report- Not later than March 31, 2008, the Director of National Intelligence, in classified form.oordination with the heads of the elements of the intelligence community, shall submit (d) Submission to the Congressional Armed Services Committees- Tocongressional intelligence committees a report on the extent thatplans of each element to increase diversity within the intelligence community.
(b) Content- The report required by subsection (a) addresses shall include specific implementation plans to increase diversity within eachan element of the intelligence community, including--
within(1) specific implementation plans for each such element designed to achieve the Department of Defense, that portion ofgoals articulated in the report, and any associated material that is necessary to make that portion understandable, shall also be submitted bystrategic plan of the Director of National to the congressional armed services committees. (e) Definitions- In this section: (1) The term `congressional armed services committees' means-- (A) the Committee Intelligence on Armed Services ofequal employment opportunity and diversity;
the (2) specific plans and initiatives for each such element to increase recruiting and hiringSenate; and (B) the Committee on Armed Services of the House of Representatives.diverse candidates;
(2) The term `congressional intelligence committees' means--(3) specific plans and initiatives for each such element to improve retention (A) the Select Committee on Intelligence of diverse Federal employees at the Senate; and (B) the Permanent Select Committee on Intelligencejunior, midgrade, senior, and management levels;
(4) a description of the Housespecific diversity awareness training and education programs for senior officials and managers of Representatives.each such element; and
(3) The term `element(5) a description of performance metrics to measure the intelligence community' means the elementsuccess of carrying out the intelligence community specifiplans, initiatives, and programs described in or designated under section 3(4) of the National Security Act of 1947 (paragraphs (1) through (4).
50 U.S.C. 401
Subtitle B--Acquisition Matters
a(4)).SEC. 311SEC. 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.), as amended by section 306 of this Act, is further amended by inserting after section 506AB, as added by section 306(a), the following new section:
`VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS
`Sec. 506BC. (a) Initial Vulnerability Assessments- The Director of National Intelligence shall conduct an initial vulnerability assessment for any major system and its significant items of supply, that is proposed for inclusion in the National Intelligence Program prior to completion of Milestone B or an equivalent acquisition decision. The initial vulnerability assessment of a major system and its significant items of supply shall, at a minimum, use an analysis-based approach to--
`(1) identify applicable vulnerabilities; vulnerabilities;
`(2) define exploitation potential;
`(3) examine the system's potential effectiveness;
`(4) determine overall vulnerability; and
`(5) make recommendations for risk reduction.
`(b) Subsequent Vulnerability Assessments- (1) The Director of National Intelligence shall conduct subsequent vulnerability assessments of each major system and its significant items of supply within the National Intelligence Program--
`(A) periodically throughout the life-span of the major system;
`(B) whenever the Director determines that a change in circumstances warrants the issuance of a subsequent vulnerability assessment; or
`(C) upon the request of a congressional intelligence committee.
`(2) Any subsequent vulnerability assessment of a major system and its significant items of supply shall, at a minimum, use an analysis-based approach and, if applicable, a testing-based approach, to monitor the exploitation potential of such system and reexamine the factors described in paragraphs (1) through (5) of subsection (a).
`(c) Major System Management- The Director of National Intelligence shall give due consideration to the vulnerability assessments prepared for a given major system when developing and determining the annual consolidated National Intelligence Program budget.
`(d) Congressional Oversight- (1) The Director of National Intelligence shall provide to the congressional intelligence committees a copy of each vulnerability assessment conducted under subsection (a) or (b) not later than 10 days after the date of the completion of such assessment.
`(2) The Director of National Intelligence shall provide the congressional intelligence committees with a proposed schedule for subsequent vulnerability assessments of a major system under subsection (b) when providing such committees with the initial vulnerability assessment under subsection (a) of such system as required by subsection (d).
`(e) Definitions- In this section:
`(1) The term `items of supply'--
`(A) means any individual part, component, subassembly, assembly, or subsystem integral to a major system, and other property which may be replaced during the service life of the major system, including spare parts and replenishment parts; and
`(B) does not include packaging or labeling associated with shipment or identification of items.
`(2) The term `major system' has the meaning given that term in section 506A(e).
`(3) The term `Milestone B' means a decision to enter into system development and demonstration pursuant to guidance prescribed by the Director of National Intelligence.
`(4) The term `vulnerability assessment' means the process of identifying and quantifying vulnerabilities in a major system and its significant items of supply.'.
(b) Clerical Amendment- The table of contents in the first section of the National Security Act of 1947 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:06`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 thatis as amended by section 310(b), Act, is further amended by inserting after the item relating to section 506B, as added by section 31006(b), the following new item:
`Sec. 506C. Annual personnel levels assessmentVulnerability assessments of major systems 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 31006 and 311 of this Act, 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</
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waterboarding is torture. bush should not have vetoed a bill because it bans torture such as waterboarding.
So, suggest a better way of gaining information, or stopping future terrorist attacks on Americans or stop 4th down , TV quarterbacking.
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