U.S. Congress - Text of H.R.5959 as Placed on Calendar Senate Intelligence Authorization Act for Fiscal Year 2009
The easiest way to email your members of Congress
Donate NowH.R.5959 - Intelligence Authorization Act for Fiscal Year 2009
To authorize appropriations for fiscal year 2009 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.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in House | 1,157 | n/a | n/a |
| Reported in House | 18,533 | 77 | 97% |
| Engrossed in House | 19,629 | 501 | 28% |
| Placed on Calendar Senate | 19,600 | 8 Show Changes Hide Changes | 0% |
Key: changed or removed text inserted or modified text
Loading Bill Text
Rollover any line of text to comment and/or link to it.
HR 5959 EHPCSCommentsClose CommentsPermalink
Calendar No. 888CommentsClose CommentsPermalink
110th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
H. R. 5959CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
July 17, 2008CommentsClose CommentsPermalink
Received; read twice and placed on the calendarCommentsClose CommentsPermalink
AN ACTCommentsClose CommentsPermalink
To authorize appropriations for fiscal year 2009 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.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the ‘Intelligence Authorization Act for Fiscal Year 2009’.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
Sec. 2. Definitions.CommentsClose CommentsPermalink
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS
Sec. 101. Authorization of appropriations.CommentsClose CommentsPermalink
Sec. 102. Classified Schedule of Authorizations.CommentsClose CommentsPermalink
Sec. 103. Personnel ceiling adjustments.CommentsClose CommentsPermalink
Sec. 104. Intelligence Community Management Account.CommentsClose CommentsPermalink
Sec. 105. Limitation on the use of covert action funds.CommentsClose CommentsPermalink
Sec. 106. Prohibition on use of funds to implement ‘5 and out’ program of the Federal Bureau of Investigation.CommentsClose CommentsPermalink
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.CommentsClose CommentsPermalink
Sec. 202. Technical modification to mandatory retirement provision of the Central Intelligence Agency Retirement Act.CommentsClose CommentsPermalink
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Subtitle A--Personnel Matters
Sec. 301. Increase in employee compensation and benefits authorized by law.CommentsClose CommentsPermalink
Sec. 302. Enhanced flexibility in nonreimbursable details to elements of the intelligence community.CommentsClose CommentsPermalink
Sec. 303. Multi-level security clearances.CommentsClose CommentsPermalink
Sec. 304. Delegation of authority for travel on common carriers for intelligence collection personnel.CommentsClose CommentsPermalink
Sec. 305. Annual personnel level assessments for the intelligence community.CommentsClose CommentsPermalink
Sec. 306. Comprehensive report on intelligence community contractors.CommentsClose CommentsPermalink
Sec. 307. Report on proposed pay for performance intelligence community personnel management system.CommentsClose CommentsPermalink
Sec. 308. Report on plans to increase diversity within the intelligence community.CommentsClose CommentsPermalink
Sec. 309. Report on security clearance determinations.CommentsClose CommentsPermalink
Sec. 310. Sense of Congress regarding the need for a robust workforce.CommentsClose CommentsPermalink
Subtitle B--Other Matters
Sec. 311. Restriction on conduct of intelligence activities.CommentsClose CommentsPermalink
Sec. 312. Clarification of definition of intelligence community under the National Security Act of 1947.CommentsClose CommentsPermalink
Sec. 313. Modification of availability of funds for different intelligence activities.CommentsClose CommentsPermalink
Sec. 314. Protection of certain national security information.CommentsClose CommentsPermalink
Sec. 315. Extension of authority to delete information about receipt and disposition of foreign gifts and decorations.CommentsClose CommentsPermalink
Sec. 316. Report on compliance with the Detainee Treatment Act of 2005 and related provisions of the Military Commissions Act of 2006.CommentsClose CommentsPermalink
Sec. 317. Incorporation of reporting requirements.CommentsClose CommentsPermalink
Sec. 318. Repeal of certain reporting requirements.CommentsClose CommentsPermalink
Sec. 319. Enhancement of critical skills training program.CommentsClose CommentsPermalink
Sec. 320. Comprehensive national cybersecurity initiative advisory panel.CommentsClose CommentsPermalink
Sec. 321. Exception to alternative fuel procurement requirement.CommentsClose CommentsPermalink
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Clarification of limitation on colocation of the Office of the Director of National Intelligence.CommentsClose CommentsPermalink
Sec. 402. Membership of the Director of National Intelligence on the Transportation Security Oversight Board.CommentsClose CommentsPermalink
Sec. 403. Additional duties of the Director of Science and Technology.CommentsClose CommentsPermalink
Sec. 404. Leadership and location of certain offices and officials.CommentsClose CommentsPermalink
Sec. 405. Plan to implement recommendations of the data center energy efficiency reports.CommentsClose CommentsPermalink
Sec. 406. Semiannual reports on nuclear programs of Iran, Syria, and North Korea.CommentsClose CommentsPermalink
Sec. 407. Title of Chief Information Officer of the Intelligence Community.CommentsClose CommentsPermalink
Sec. 408. Inspector General of the Intelligence Community.CommentsClose CommentsPermalink
Sec. 409. Annual report on foreign language proficiency in the intelligence community.CommentsClose CommentsPermalink
Sec. 410. Repeal of certain authorities relating to the Office of the National Counterintelligence Executive.CommentsClose CommentsPermalink
Sec. 411. National intelligence estimate on weapons of mass destruction in Syria.CommentsClose CommentsPermalink
Sec. 412. Report on intelligence resources dedicated to Iraq and Afghanistan.CommentsClose CommentsPermalink
Sec. 413. Ombudsman for intelligence community security clearances.CommentsClose CommentsPermalink
Sec. 414. Security clearance reciprocity.CommentsClose CommentsPermalink
Sec. 415. Report on international traffic in arms regulations.CommentsClose CommentsPermalink
Sec. 416. Report on nuclear trafficking.CommentsClose CommentsPermalink
Sec. 417. Study on revoking pensions of persons who commit unauthorized disclosures of classified information.CommentsClose CommentsPermalink
Sec. 418. Memorandum to holders of National Intelligence Estimate on Iran.CommentsClose CommentsPermalink
Sec. 419. National Intelligence Estimate on production and sale of narcotics in support of international terrorism.CommentsClose CommentsPermalink
Subtitle B--Central Intelligence Agency
Sec. 421. Review of covert action programs by Inspector General of the Central Intelligence Agency.CommentsClose CommentsPermalink
Sec. 422. Inapplicability to Director of the Central Intelligence Agency of requirement for annual report on progress in auditable financial statements.CommentsClose CommentsPermalink
Sec. 423. Technical amendments relating to titles of certain Central Intelligence Agency positions.CommentsClose CommentsPermalink
Sec. 424. Clarifying amendments relating to section 105 of the Intelligence Authorization Act for Fiscal Year 2004.CommentsClose CommentsPermalink
Sec. 425. Prohibition on the use of private contractors for interrogations involving persons in the custody or control of the Central Intelligence Agency.CommentsClose CommentsPermalink
Sec. 426. Report on activities of the Central Intelligence Agency in Argentina.CommentsClose CommentsPermalink
Subtitle C--Defense Intelligence Components
Sec. 431. Integration of the Counterintelligence Field Activity into the Defense Intelligence Agency.CommentsClose CommentsPermalink
Subtitle D--Other Elements
Sec. 441. Clarification of inclusion of Coast Guard and Drug Enforcement Administration as elements of the intelligence community.CommentsClose CommentsPermalink
Sec. 442. Report on transformation of the intelligence capabilities of the Federal Bureau of Investigation.CommentsClose CommentsPermalink
TITLE V--OTHER MATTERS
Subtitle A--General Intelligence Matters
Sec. 501. Extension of National Commission for the Review of the Research and Development Programs of the United States Intelligence Community.CommentsClose CommentsPermalink
Sec. 502. Amendments to the National Security Act of 1947.CommentsClose CommentsPermalink
Sec. 503. Report on financial intelligence on terrorist assets.CommentsClose CommentsPermalink
Sec. 504. Notice of intelligence regarding North Korea and China.CommentsClose CommentsPermalink
Sec. 505. Sense of Congress regarding use of intelligence resources.CommentsClose CommentsPermalink
Sec. 506. Sense of Congress regarding Colombian paramilitary organizations.CommentsClose CommentsPermalink
Sec. 507. Jihadists.CommentsClose CommentsPermalink
Subtitle B--Technical Amendments
Sec. 511. Technical amendment to the Central Intelligence Agency Act of 1949.CommentsClose CommentsPermalink
Sec. 512. Technical amendments relating to the multiyear National Intelligence Program.CommentsClose CommentsPermalink
Sec. 513. Technical clarification of certain references to Joint Military Intelligence Program and Tactical Intelligence and Related Activities.CommentsClose CommentsPermalink
Sec. 514. Technical amendments to the National Security Act of 1947.CommentsClose CommentsPermalink
Sec. 515. Technical amendments to the Intelligence Reform and Terrorism Prevention Act of 2004.CommentsClose CommentsPermalink
Sec. 516. Technical amendments to the Executive Schedule.CommentsClose CommentsPermalink
Sec. 517. Technical amendments relating to the National Geospatial-Intelligence Agency.CommentsClose CommentsPermalink
SEC. 2. DEFINITIONS.
In this Act:CommentsClose CommentsPermalink
(1) CONGRESSIONAL INTELLIGENCE COMMITTEES- The term ‘congressional intelligence committees’ means--CommentsClose CommentsPermalink
(A) the Select Committee on Intelligence of the Senate; andCommentsClose CommentsPermalink
(B) the Permanent Select Committee on Intelligence of the House of Representatives.CommentsClose CommentsPermalink
(2) INTELLIGENCE COMMUNITY- The term ‘intelligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 (
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONSCommentsClose CommentsPermalink
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2009 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government:CommentsClose CommentsPermalink
(1) The Office of the Director of National Intelligence.CommentsClose CommentsPermalink
(2) The Central Intelligence Agency.CommentsClose CommentsPermalink
(3) The Department of Defense.CommentsClose CommentsPermalink
(4) The Defense Intelligence Agency.CommentsClose CommentsPermalink
(5) The National Security Agency.CommentsClose CommentsPermalink
(6) The Department of the Army, the Department of the Navy, and the Department of the Air Force.CommentsClose CommentsPermalink
(7) The Coast Guard.CommentsClose CommentsPermalink
(8) The Department of State.CommentsClose CommentsPermalink
(9) The Department of the Treasury.CommentsClose CommentsPermalink
(10) The Department of Energy.CommentsClose CommentsPermalink
(11) The Department of Justice.CommentsClose CommentsPermalink
(12) The Federal Bureau of Investigation.CommentsClose CommentsPermalink
(13) The Drug Enforcement Administration.CommentsClose CommentsPermalink
(14) The National Reconnaissance Office.CommentsClose CommentsPermalink
(15) The National Geospatial-Intelligence Agency.CommentsClose CommentsPermalink
(16) The Department of Homeland Security.CommentsClose CommentsPermalink
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Levels- The amounts authorized to be appropriated under section 101 and, subject to section 103, the authorized personnel ceilings as of September 30, 2009, for the conduct of the intelligence activities of the elements listed in paragraphs (1) through (16) of section 101, are those specified in the classified Schedule of Authorizations prepared to accompany the conference report on the bill H.R. 5959 of the One Hundred Tenth Congress.CommentsClose CommentsPermalink
(b) Availability of Classified Schedule of Authorizations- The classified Schedule of Authorizations referred to in subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and to the President. The President shall provide for suitable distribution of the Schedule, or of appropriate portions of the Schedule, within the executive branch.CommentsClose CommentsPermalink
(c) Earmarks-CommentsClose CommentsPermalink
(1) IN GENERAL- Nothing in the classified Schedule of Authorizations, the joint explanatory statement to accompany the conference report on the bill H.R. 5959 of the One Hundred Tenth Congress, or the classified annex to this Act, shall be construed to authorize or require the expenditure of funds for an earmarked purpose.CommentsClose CommentsPermalink
(2) EARMARKED PURPOSE DEFINED- In this subsection, the term ‘earmarked purpose’ means a provision or report language included primarily at the request of a Member, Delegate, Resident Commissioner of the House of Representatives or a Senator providing, authorizing, or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality, or Congressional district, other than through a statutory or administrative formula-driven or competitive award process.CommentsClose CommentsPermalink
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Increases- With the approval of the Director of the Office of Management and Budget, the Director of National Intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal year 2009 by the classified Schedule of Authorizations referred to in section 102(a) if the Director of National Intelligence determines that such action is necessary to the performance of important intelligence functions, except that the number of personnel employed in excess of the number authorized under such section may not, for any element of the intelligence community, exceed 3 percent of the number of civilian personnel authorized under such Schedule for such element.CommentsClose CommentsPermalink
(b) Notice to Congressional Intelligence Committees- The Director of National Intelligence shall notify the congressional intelligence committees in writing at least 15 days prior to each exercise of an authority described in subsection (a).CommentsClose CommentsPermalink
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 2009 the sum of $648,842,000. 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, 2010.CommentsClose CommentsPermalink
(b) Authorized Personnel Levels- The elements within the Intelligence Community Management Account of the Director of National Intelligence are authorized 772 full-time or full-time equivalent personnel as of September 30, 2009. Personnel serving in such elements may be permanent employees of the Office of the Director of National Intelligence or personnel detailed from other elements of the United States Government.CommentsClose CommentsPermalink
(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 within the Intelligence Community Management Account.CommentsClose CommentsPermalink
(d) Classified Authorizations-CommentsClose CommentsPermalink
(1) AUTHORIZATION OF APPROPRIATIONS- In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Community Management Account for fiscal year 2009 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, 2010.CommentsClose CommentsPermalink
(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, 2009, there are authorized such additional personnel for the Community Management Account as of that date as are specified in the classified Schedule of Authorizations referred to in section 102(a).CommentsClose CommentsPermalink
SEC. 105. LIMITATION ON THE USE OF COVERT ACTION FUNDS.
(a) In General- Not more than 25 percent of the funds authorized to be appropriated by this Act for the National Intelligence Program for covert actions may be obligated or expended until the date on which each member of the congressional intelligence committees has been fully and currently briefed on all authorizations for covert actions in effect on April 24, 2008.CommentsClose CommentsPermalink
(b) Covert Action Defined- In this section, the term ‘covert action’ has the meaning given the term in section 503(g) of the National Security Act of 1947 (
SEC. 106. PROHIBITION ON USE OF FUNDS TO IMPLEMENT ‘5 AND OUT’ PROGRAM OF THE FEDERAL BUREAU OF INVESTIGATION.
None of the funds authorized to be appropriated in this Act may be used to implement the program of the Federal Bureau of Investigation requiring the mandatory reassignment of a supervisor of the Bureau after such supervisor serves in a management position for 5 years (commonly known as the ‘5 and out’ program).CommentsClose CommentsPermalink
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEMCommentsClose CommentsPermalink
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2009 the sum of $279,200,000.CommentsClose CommentsPermalink
SEC. 202. TECHNICAL MODIFICATION TO MANDATORY RETIREMENT PROVISION OF THE CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT.
Subparagraph (A) of section 235(b)(1) of the Central Intelligence Agency Retirement Act (
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERSCommentsClose CommentsPermalink
Subtitle A--Personnel MattersCommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 302. ENHANCED FLEXIBILITY IN NONREIMBURSABLE DETAILS TO ELEMENTS OF THE INTELLIGENCE COMMUNITY.
Except as provided in section 113 of the National Security Act of 1947 (
SEC. 303. MULTI-LEVEL SECURITY CLEARANCES.
(a) In General- Section 102A of the National Security Act of 1947 (
‘(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.’.CommentsClose CommentsPermalink
(b) Implementation- The Director of National Intelligence shall issue guidelines to the intelligence community on the implementation of subsection (s) of section 102A of the National Security Act of 1947, as added by subsection (a), not later than 90 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
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 (
(1) by inserting ‘(1)’ before ‘The Director’;CommentsClose CommentsPermalink
(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.’; andCommentsClose CommentsPermalink
(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(b) Submission of Guidelines to Congress- Not later than 6 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).CommentsClose CommentsPermalink
SEC. 305. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE INTELLIGENCE COMMUNITY.
(a) In General- Title V of the National Security Act of 1947 (
‘ANNUAL PERSONNEL LEVEL ASSESSMENT FOR THE INTELLIGENCE COMMUNITY
‘Sec. 506B. (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.CommentsClose CommentsPermalink
‘(b) Schedule- Each assessment required by subsection (a) shall be submitted to the congressional intelligence committees each year along with the budget submitted by the President under
.CommentsClose CommentsPermalink section 1105 of title 31, United States Code ‘(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:CommentsClose CommentsPermalink
‘(1) The budget submission for personnel costs for the upcoming fiscal year.CommentsClose CommentsPermalink
‘(2) The dollar and percentage increase or decrease of such costs as compared to the personnel costs of the current fiscal year.CommentsClose CommentsPermalink
‘(3) The dollar and percentage increase or decrease of such costs as compared to the personnel costs during the prior 5 fiscal years.CommentsClose CommentsPermalink
‘(4) The number of personnel positions requested for the upcoming fiscal year.CommentsClose CommentsPermalink
‘(5) The numerical and percentage increase or decrease of such number as compared to the number of personnel positions of the current fiscal year.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(7) The best estimate of the number and costs of contractors to be funded by the element for the upcoming fiscal year.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(10) A written justification for the requested personnel and contractor levels.CommentsClose CommentsPermalink
‘(11) The number of intelligence collectors and analysts employed or contracted by each element of the intelligence community.CommentsClose CommentsPermalink
‘(12) A list of all contractors that have been the subject of an investigation completed by the Inspector General of any element of the intelligence community during the preceding fiscal year, or are or have been the subject of an investigation by such an Inspector General during the current fiscal year.CommentsClose CommentsPermalink
‘(13) A statement by the Director of National Intelligence that, based on current and projected funding, the element concerned will have sufficient--CommentsClose CommentsPermalink
‘(A) internal infrastructure to support the requested personnel and contractor levels;CommentsClose CommentsPermalink
‘(B) training resources to support the requested personnel levels; andCommentsClose CommentsPermalink
‘(C) funding to support the administrative and operational activities of the requested personnel levels.’.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of contents in the first section of that Act is amended by inserting after the item relating to section 506A the following new item:CommentsClose CommentsPermalink
‘Sec. 506B. Annual personnel level assessment for the intelligence community.’.CommentsClose CommentsPermalink
SEC. 306. COMPREHENSIVE REPORT ON INTELLIGENCE COMMUNITY CONTRACTORS.
(a) Requirement for Report- Not later than November 1, 2008, the Director of National Intelligence shall submit to the congressional intelligence committees a report describing the use of personal services contracts across the intelligence community, the impact of such contractors on the intelligence community workforce, plans for conversion of contractor employment into government employment, and the accountability mechanisms that govern the performance of such contractors.CommentsClose CommentsPermalink
(b) Content-CommentsClose CommentsPermalink
(1) IN GENERAL- The report submitted under subsection (a) shall include--CommentsClose CommentsPermalink
(A) a description of any relevant regulations or guidance issued by the Director of National Intelligence or the head of an element of the intelligence community relating to minimum standards required regarding the hiring, training, security clearance, and assignment of contract personnel and how those standards may differ from those for government employees performing substantially similar functions;CommentsClose CommentsPermalink
(B) an identification of contracts where the contractor is performing a substantially similar functions to a government employee;CommentsClose CommentsPermalink
(C) an assessment of costs incurred or savings achieved by awarding contracts for the performance of such functions referred to in subparagraph (B) instead of using full-time employees of the elements of the intelligence community to perform such functions;CommentsClose CommentsPermalink
(D) an assessment of the appropriateness of using contractors to perform the activities described in paragraph (2);CommentsClose CommentsPermalink
(E) an estimate of the number of contracts, and the number of personnel working under such contracts, related to the performance of activities described in paragraph (2);CommentsClose CommentsPermalink
(F) a comparison of the compensation of contract employees and government employees performing substantially similar functions;CommentsClose CommentsPermalink
(G) an analysis of the attrition of government personnel for contractor positions that provide substantially similar functions;CommentsClose CommentsPermalink
(H) a description of positions that will be converted from contractor employment to government employment;CommentsClose CommentsPermalink
(I) an analysis of the oversight and accountability mechanisms applicable to personal services contracts awarded for intelligence activities by each element of the intelligence community during fiscal years 2006 and 2007;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(K) an identification of best practices for oversight and accountability mechanisms applicable to personal services contracts.CommentsClose CommentsPermalink
(2) ACTIVITIES- Activities described in this paragraph are the following:CommentsClose CommentsPermalink
(A) Intelligence collection.CommentsClose CommentsPermalink
(B) Intelligence analysis.CommentsClose CommentsPermalink
(C) Covert actions, including rendition, detention, and interrogation activities.CommentsClose CommentsPermalink
SEC. 307. 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 plan that provides compensation to personnel of that element of the intelligence community based on performance until the date that is 45 days after the date on which the Director of National Intelligence submits a report for that element under subsection (b).CommentsClose CommentsPermalink
(b) Report- The Director of National Intelligence shall submit to Congress a report on performance-based compensation for each element of the intelligence community, including, with respect to each such element--CommentsClose CommentsPermalink
(1) a description of a proposed employee advisory group to advise management on the implementation and management of a pay for performance system in that element, including the scope of responsibility of the group and the plan for the element for ensuring diversity in the selection of members of the advisory group;CommentsClose CommentsPermalink
(2) a certification that all managers who will participate in setting performance standards and pay pool administration have been trained on the implementing guidance of the system and the criteria upon which the certification is granted; andCommentsClose CommentsPermalink
(3) a description of an external appeals mechanism for employees who wish to appeal pay decisions to someone outside the management chain of the element employing such employee.CommentsClose CommentsPermalink
SEC. 308. REPORT ON PLANS TO INCREASE DIVERSITY WITHIN THE INTELLIGENCE COMMUNITY.
(a) Requirement for Report- Not later than November 1, 2008, the Director of National Intelligence, in coordination with the heads of the elements of the intelligence community, shall submit to the congressional intelligence committees a report on the plans of each element to increase diversity within the intelligence community.CommentsClose CommentsPermalink
(b) Content- The report required by subsection (a) shall include specific implementation plans to increase diversity within each element of the intelligence community, including--CommentsClose CommentsPermalink
(1) specific implementation plans for each such element designed to achieve the goals articulated in the strategic plan of the Director of National Intelligence on equal employment opportunity and diversity;CommentsClose CommentsPermalink
(2) specific plans and initiatives for each such element to increase recruiting and hiring of diverse candidates;CommentsClose CommentsPermalink
(3) specific plans and initiatives for each such element to improve retention of diverse Federal employees at the junior, midgrade, senior, and management levels;CommentsClose CommentsPermalink
(4) a description of specific diversity awareness training and education programs for senior officials and managers of each such element; andCommentsClose CommentsPermalink
(5) a description of performance metrics to measure the success of carrying out the plans, initiatives, and programs described in paragraphs (1) through (4).CommentsClose CommentsPermalink
SEC. 309. REPORT ON SECURITY CLEARANCE DETERMINATIONS.
(a) In General- Title V of the National Security Act of 1947 (
‘REPORT ON SECURITY CLEARANCE DETERMINATIONS
‘Sec. 508. Not later than February 1 of each year, the Director of the Office of Management and Budget shall submit to Congress a report on security clearance determinations completed or ongoing during the preceding fiscal year that have taken longer than 1 year to complete. Such report shall include--CommentsClose CommentsPermalink
‘(1) the number of security clearance determinations for positions as employees of the Federal Government that required more than 1 year to complete;CommentsClose CommentsPermalink
‘(2) the number of security clearance determinations for contractors that required more than 1 year to complete;CommentsClose CommentsPermalink
‘(3) the agencies that investigated and adjudicated such determinations; andCommentsClose CommentsPermalink
‘(4) the cause of significant delays in such determinations.’.CommentsClose CommentsPermalink
(b) Conforming Amendment- The table of contents in the first section of the National Security Act of 1947 (
et seq.) is further amended by inserting after the item relating to section 507 the following new item:CommentsClose CommentsPermalink 50 U.S.C. 401
‘Sec. 508. Report on security clearance determinations.’.CommentsClose CommentsPermalink
SEC. 310. SENSE OF CONGRESS REGARDING THE NEED FOR A ROBUST WORKFORCE.
It is the sense of Congress that--CommentsClose CommentsPermalink
(1) a robust and highly skilled aerospace industry workforce is critical to the success of intelligence community programs and operations;CommentsClose CommentsPermalink
(2) voluntary attrition, the retirement of many senior workers, and difficulties in recruiting could leave the intelligence community without access to the intellectual capital and technical capabilities necessary to identify and respond to potential threats; andCommentsClose CommentsPermalink
(3) the Director of National Intelligence should work cooperatively with other agencies of the Federal Government responsible for programs related to space and the aerospace industry to develop and implement policies, including those with an emphasis on improving science, technology, engineering, and mathematics education at all levels, to sustain and expand the diverse workforce available to the intelligence community.CommentsClose CommentsPermalink
Subtitle B--Other MattersCommentsClose CommentsPermalink
SEC. 311. 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.CommentsClose CommentsPermalink
SEC. 312. 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 (
SEC. 313. MODIFICATION OF AVAILABILITY OF FUNDS FOR DIFFERENT INTELLIGENCE ACTIVITIES.
Subparagraph (B) of section 504(a)(3) of the National Security Act of 1947 (
‘(B) the use of such funds for such activity supports an emergent need, improves program effectiveness, or increases efficiency; and’.CommentsClose CommentsPermalink
SEC. 314. PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION.
(a) Increase in Penalties for Disclosure of Undercover Intelligence Officers and Agents-CommentsClose CommentsPermalink
(1) DISCLOSURE OF AGENT AFTER ACCESS TO INFORMATION IDENTIFYING AGENT- Subsection (a) of section 601 of the National Security Act of 1947 (
(2) DISCLOSURE OF AGENT AFTER ACCESS TO CLASSIFIED INFORMATION- Subsection (b) of such section is amended by striking ‘five years’ and inserting ‘10 years’.CommentsClose CommentsPermalink
(b) Modifications to Annual Report on Protection of Intelligence Identities- The first sentence of section 603(a) of the National Security Act of 1947 (
SEC. 315. EXTENSION OF AUTHORITY TO DELETE INFORMATION ABOUT RECEIPT AND DISPOSITION OF FOREIGN GIFTS AND DECORATIONS.
Paragraph (4) of
‘(4)(A) In transmitting such listings for an element of the intelligence community, the head of such element may delete the information described in subparagraph (A) or (C) of paragraph (2) or in subparagraph (A) or (C) of paragraph (3) if the head of such element certifies in writing to the Secretary of State that the publication of such information could adversely affect United States intelligence sources or methods.CommentsClose CommentsPermalink
‘(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 who shall keep a record of such information.CommentsClose CommentsPermalink
‘(C) In this paragraph, the term ‘intelligence community’ has the meaning given the term in section 3(4) of the National Security Act of 1947 (
).’.CommentsClose CommentsPermalink 50 U.S.C. 401a(4)
SEC. 316. 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 November 1, 2008, 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
(b) Elements- The report required by subsection (a) shall include the following:CommentsClose CommentsPermalink
(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;
(A) an identification of the official making such determination; andCommentsClose CommentsPermalink
(B) a statement of the basis for such determination.CommentsClose CommentsPermalink
(2) A description of the detention or interrogation methods, if any, the use of which 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--CommentsClose CommentsPermalink
(A) an identification of the official making the determination to discontinue such method; andCommentsClose CommentsPermalink
(B) a statement of the basis for such determination.CommentsClose CommentsPermalink
(3) A description of any actions that have been taken to implement section 1004 of the Detainee Treatment Act of 2005 (119 Stat. 2740;
(A) an identification of the official taking such action; andCommentsClose CommentsPermalink
(B) a statement of the basis for such action.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(5) An appendix containing--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(B) all legal justifications of the Department of Justice, including any office thereof, about the meaning or application of the 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.CommentsClose CommentsPermalink
(c) Form- The report required by subsection (a) shall be submitted in classified form.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(e) Congressional Armed Services Committee Defined- In this section, the term ‘congressional armed services committees’ means--CommentsClose CommentsPermalink
(1) the Committee on Armed Services of the Senate; andCommentsClose CommentsPermalink
(2) the Committee on Armed Services of the House of Representatives.CommentsClose CommentsPermalink
SEC. 317. INCORPORATION OF REPORTING REQUIREMENTS.
Each requirement to submit a report to the congressional intelligence committees that is included in the classified annex to this Act is hereby incorporated into this Act and is hereby made a requirement in law.CommentsClose CommentsPermalink
SEC. 318. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) Annual Certification on Counterintelligence Initiatives- Section 1102(b) of the National Security Act of 1947 (
(1) by striking ‘(1)’; andCommentsClose CommentsPermalink
(2) by striking paragraph (2).CommentsClose CommentsPermalink
(b) Report and Certification Under Terrorist Identification Classification System- Section 343 of the Intelligence Authorization Act for Fiscal Year 2003 (
(1) by striking subsection (d); andCommentsClose CommentsPermalink
(2) by redesignating subsections (e), (f), (g), and (h) as subsections (d), (e), (f), and (g), respectively.CommentsClose CommentsPermalink
(c) Annual Report on Counterdrug Intelligence Matters- Section 826 of the Intelligence Authorization Act for Fiscal Year 2003 (
(d) Conforming Amendments- Section 507(a)(2) of the National Security Act of 1947 (
SEC. 319. ENHANCEMENT OF CRITICAL SKILLS TRAINING PROGRAM.
(a) National Security Agency- Subsection (e) of section 16 of the National Security Agency Act of 1959 (
(b) Other Elements of the Intelligence Community-CommentsClose CommentsPermalink
(1) IN GENERAL- The National Security Act of 1947 is amended by inserting after section 1021 (
‘INTELLIGENCE COMMUNITY ACQUISITION OF CRITICAL SKILLS
‘Sec. 1022. (a) In General- The head of an appropriate department may assign civilian employees of an element of the intelligence community that is a component of such appropriate department as students at accredited professional, technical, and other institutions of higher learning for training at the undergraduate level in skills critical to effective performance of the mission of such element of the intelligence community.CommentsClose CommentsPermalink
‘(b) Payment of Expenses- The head of an appropriate department may pay, directly or by reimbursement to employees, expenses incident to assignments under subsection (a), in any fiscal year only to the extent that appropriated funds are available for such purpose.CommentsClose CommentsPermalink
‘(c) Eligibility-CommentsClose CommentsPermalink
‘(1) IN GENERAL- To be eligible for assignment under subsection (a), an employee of an element of the intelligence community must agree in writing--CommentsClose CommentsPermalink
‘(A) to continue in the service of such element for the period of the assignment and to complete the educational course of training for which the employee is assigned;CommentsClose CommentsPermalink
‘(B) to continue in the service of such element following completion of the assignment for a period of one-and-a-half years for each year of the assignment or part thereof;CommentsClose CommentsPermalink
‘(C) to reimburse the United States for the total cost of education (excluding the employee’s pay and allowances) provided under this section to the employee if, prior to the employee’s completing the educational course of training for which the employee is assigned, the assignment or the employee’s employment with such element is terminated either by such element due to misconduct by the employee or by the employee voluntarily; andCommentsClose CommentsPermalink
‘(D) to reimburse the United States if, after completing the educational course of training for which the employee is assigned, the employee’s employment with such element is terminated either by such element due to misconduct by the employee or by the employee voluntarily, prior to the employee’s completion of the service obligation period described in subparagraph (B), in an amount that bears the same ratio to the total cost of the education (excluding the employee’s pay and allowances) provided to the employee as the unserved portion of the service obligation period described in subparagraph (B) bears to the total period of the service obligation described in subparagraph (B).CommentsClose CommentsPermalink
‘(2) DEBT OWING THE UNITED STATES- Subject to paragraph (3), the obligation to reimburse the United States under an agreement described in paragraph (1), including interest due on such obligation, is for all purposes a debt owing the United States.CommentsClose CommentsPermalink
‘(3) REIMBURSEMENT-CommentsClose CommentsPermalink
‘(A) BANKRUPTCY- A discharge in bankruptcy under title 11, United States Code, shall not release a person from an obligation to reimburse the United States required under an agreement described in paragraph (1) if the final decree of the discharge in bankruptcy is issued within five years after the last day of the combined period of service obligation described in subparagraphs (A) and (B) of paragraph (1).CommentsClose CommentsPermalink
‘(B) RELEASE- The head of an appropriate department may release a person, in whole or in part, from the obligation to reimburse the United States under an agreement described in paragraph (1) when, in the discretion of such head of an appropriate department, such head of an appropriate department determines that equity or the interests of the United States so require.CommentsClose CommentsPermalink
‘(C) MONTHLY PAYMENTS- The head of an appropriate department shall permit an employee assigned under this section who, prior to commencing a second academic year of such assignment, voluntarily terminates the assignment or the employee’s employment with the element of the intelligence community that is a component of such appropriate department, to satisfy the employee’s obligation under an agreement described in paragraph (1) to reimburse the United States by reimbursement according to a schedule of monthly payments which results in completion of reimbursement by a date five years after the date of termination of the assignment or employment or earlier at the option of the employee.CommentsClose CommentsPermalink
‘(d) Recruitment- Efforts by an element of the intelligence community to recruit individuals at educational institutions for participation in the undergraduate training program established by this section shall be made openly and according to the common practices of universities and employers recruiting at such institutions.CommentsClose CommentsPermalink
‘(e) Inapplication of Provisions on Training- Chapter 41 of title 5 and subsections (a) and (b) of
, shall not apply with respect to this section.CommentsClose CommentsPermalink section 3324 of title 31, United States Code ‘(f) Regulations- A head of the appropriate department assigning employees in accordance with this section may issue such regulations as such head of the appropriate department considers necessary to carry out this section.CommentsClose CommentsPermalink
‘(g) Rules of Construction-CommentsClose CommentsPermalink
‘(1) COMPONENT- For purposes of this section--CommentsClose CommentsPermalink
‘(A) the Office of the Director of National Intelligence shall be considered a component of such Office; andCommentsClose CommentsPermalink
‘(B) the Central Intelligence Agency shall be considered a component of such Agency.CommentsClose CommentsPermalink
‘(2) REQUIRED EDUCATION PROGRAMS- Nothing in this section shall be construed to modify, affect, or supercede any provision of law requiring or otherwise authorizing or providing for a training program described in this section.CommentsClose CommentsPermalink
‘(h) Appropriate Department Defined- In this section, the term ‘appropriate department’ means--CommentsClose CommentsPermalink
‘(1) with respect to the Office of the Director of National Intelligence, the Office of the Director of National Intelligence;CommentsClose CommentsPermalink
‘(2) with respect to the Central Intelligence Agency, Central Intelligence Agency; andCommentsClose CommentsPermalink
‘(3) with respect to an element of the intelligence community other than the Office of the Director of National Intelligence and the Central Intelligence Agency, the department of the Federal Government of which such element of the intelligence community is a component.’.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- The table of contents in the first section of the National Security Act of 1947 (
et seq.) is amended by inserting after the item relating to section 1021 the following new item:CommentsClose CommentsPermalink 50 U.S.C. 401 ‘Sec. 1022. Intelligence community acquisition of critical skills.’.CommentsClose CommentsPermalink
SEC. 320. COMPREHENSIVE NATIONAL CYBERSECURITY INITIATIVE ADVISORY PANEL.
Not later than February 1, 2009, the President shall submit to Congress a report on options for creating an advisory panel comprised of representatives of Congress, the Executive Branch, and the private sector to make policy and procedural recommendations for--CommentsClose CommentsPermalink
(1) information security for the Federal Government;CommentsClose CommentsPermalink
(2) critical infrastructure;CommentsClose CommentsPermalink
(3) the authorities, roles, responsibilities of the intelligence community, Department of Homeland Security, and Department of Defense for purposes of supporting the Comprehensive National Cybersecurity Initiative as described in National Security Policy Directive 54/Homeland Security Policy Directive 23 entitled ‘Cybersecurity Policy’ signed by the President on January 8, 2008; andCommentsClose CommentsPermalink
(4) other matters related to paragraphs (1) through (3) as the President considers appropriate.CommentsClose CommentsPermalink
SEC. 321. EXCEPTION TO ALTERNATIVE FUEL PROCUREMENT REQUIREMENT.
Section 526(a) of the Energy Independence and Security Act of 2007 (
(1) the contract does not specifically require the contractor to provide an alternative or synthetic fuel or fuel from a nonconventional petroleum source;CommentsClose CommentsPermalink
(2) the purpose of the contract is not to obtain an alternative or synthetic fuel or fuel from a nonconventional petroleum source; andCommentsClose CommentsPermalink
(3) the contract does not provide incentives for a refinery upgrade or expansion to allow a refinery to use or increase its use of fuel from a nonconventional petroleum source.CommentsClose CommentsPermalink
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITYCommentsClose CommentsPermalink
Subtitle A--Office of the Director of National IntelligenceCommentsClose CommentsPermalink
SEC. 401. CLARIFICATION OF LIMITATION ON COLOCATION OF THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.
Section 103(e) of the National Security Act of 1947 (
(1) by striking ‘With’ and inserting ‘of Headquarters With Headquarters of’;CommentsClose CommentsPermalink
(2) by inserting ‘the headquarters of’ before ‘the Office’; andCommentsClose CommentsPermalink
(3) by striking ‘any other element’ and inserting ‘the headquarters of any other element’.CommentsClose CommentsPermalink
SEC. 402. MEMBERSHIP OF THE DIRECTOR OF NATIONAL INTELLIGENCE ON THE TRANSPORTATION SECURITY OVERSIGHT BOARD.
Subparagraph (F) of
‘(F) The Director of National Intelligence.’.CommentsClose CommentsPermalink
SEC. 403. ADDITIONAL DUTIES OF THE DIRECTOR OF SCIENCE AND TECHNOLOGY.
Section 103E of the National Security Act of 1947 (
(1) in subsection (c)--CommentsClose CommentsPermalink
(A) by redesignating paragraph (5) as paragraph (7);CommentsClose CommentsPermalink
(B) in paragraph (4), by striking ‘and’ at the end; andCommentsClose CommentsPermalink
(C) by inserting after paragraph (4) the following:CommentsClose CommentsPermalink
‘(5) assist the Director in establishing goals for basic, applied, and advanced research to meet the technology needs of the intelligence community;CommentsClose CommentsPermalink
‘(6) submit to the congressional intelligence committees an annual report on the science and technology strategy of the Director that shows resources mapped to the goals of the intelligence community; and’; andCommentsClose CommentsPermalink
(2) in subsection (d)(3)--CommentsClose CommentsPermalink
(A) in subparagraph (A)--CommentsClose CommentsPermalink
(i) by inserting ‘and prioritize’ after ‘coordinate’; andCommentsClose CommentsPermalink
(ii) by striking ‘; and’ and inserting ‘;’;CommentsClose CommentsPermalink
(B) by redesignating subparagraph (B) as subparagraph (C); andCommentsClose CommentsPermalink
(C) by inserting after subparagraph (A) the following new subparagraph:CommentsClose CommentsPermalink
‘(B) identify basic, advanced, and applied research programs to be executed by elements of the intelligence community; and’.CommentsClose CommentsPermalink
SEC. 404. LEADERSHIP AND LOCATION OF CERTAIN OFFICES AND OFFICIALS.
(a) National Counter Proliferation Center- Section 119A(a) of the National Security Act of 1947 (
(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:CommentsClose CommentsPermalink
‘(a) In General-CommentsClose CommentsPermalink
‘(1) ESTABLISHMENT- The’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(3) LOCATION- The National Counter Proliferation Center shall be located within the Office of the Director of National Intelligence.’.CommentsClose CommentsPermalink
(b) Officers- Section 103(c) of that Act (
(1) by redesignating paragraph (9) as paragraph (13); andCommentsClose CommentsPermalink
(2) by inserting after paragraph (8) the following new paragraphs:CommentsClose CommentsPermalink
‘(9) The Chief Information Officer of the Intelligence Community.CommentsClose CommentsPermalink
‘(10) The Inspector General of the Intelligence Community.CommentsClose CommentsPermalink
‘(11) The Director of the National Counterterrorism Center.CommentsClose CommentsPermalink
‘(12) The Director of the National Counter Proliferation Center.’.CommentsClose CommentsPermalink
SEC. 405. PLAN TO IMPLEMENT RECOMMENDATIONS OF THE DATA CENTER ENERGY EFFICIENCY REPORTS.
(a) Plan- The Director of National Intelligence shall develop a plan to implement the recommendations of the report submitted to Congress under section 1 of the Act entitled ‘An Act to study and promote the use of energy efficient computer servers in the United States’ (
(b) Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later then November 1, 2008, the Director of National Intelligence shall submit to the congressional intelligence committees a report containing the plan developed under subsection (a).CommentsClose CommentsPermalink
(2) FORM- The report under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.CommentsClose CommentsPermalink
SEC. 406. SEMIANNUAL REPORTS ON NUCLEAR PROGRAMS OF IRAN, SYRIA, AND NORTH KOREA.
(a) Reports-CommentsClose CommentsPermalink
(1) IN GENERAL- Title V of the National Security Act of 1947 (
‘SEMIANNUAL REPORTS ON THE NUCLEAR PROGRAMS OF IRAN, SYRIA, AND NORTH KOREA
‘Sec. 509. (a) Requirement for Reports- Not less frequently than every 180 days, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the intentions and capabilities of the Islamic Republic of Iran, the Syrian Arab Republic, and the Democratic People’s Republic of Korea, with regard to the nuclear programs of each such country.CommentsClose CommentsPermalink
‘(b) Content- Each report submitted under subsection (a) shall include, with respect to the Islamic Republic of Iran, the Syrian Arab Republic, and the Democratic People’s Republic of Korea--CommentsClose CommentsPermalink
‘(1) an assessment of nuclear weapons programs of each such country;CommentsClose CommentsPermalink
‘(2) an evaluation, consistent with existing reporting standards and practices, of the sources upon which the intelligence used to prepare the assessment described in paragraph (1) is based, including the number of such sources and an assessment of the reliability of each such source;CommentsClose CommentsPermalink
‘(3) a summary of any intelligence related to any such program gathered or developed since the previous report was submitted under subsection (a), including intelligence collected from both open and clandestine sources for each such country; andCommentsClose CommentsPermalink
‘(4) a discussion of any dissents, caveats, gaps in knowledge, or other information that would reduce confidence in the assessment described in paragraph (1).CommentsClose CommentsPermalink
‘(c) National Intelligence Estimate- The Director of National Intelligence may submit a National Intelligence Estimate on the intentions and capabilities of the Islamic Republic of Iran, the Syrian Arab Republic, or the Democratic People’s Republic of Korea in lieu of a report required by subsection (a) for that country.CommentsClose CommentsPermalink
‘(d) Form- Each report submitted under subsection (a) may be submitted in classified form.’.CommentsClose CommentsPermalink
(2) APPLICABILITY DATE- The first report required to be submitted under section 509 of the National Security Act of 1947, as added by paragraph (1), shall be submitted not later than 30 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(b) Conforming Amendment- The table of contents in the first section of the National Security Act of 1947 (
et seq.) is amended by inserting after the item relating to section 508 the following new item:CommentsClose CommentsPermalink 50 U.S.C. 401
‘Sec. 509. Semiannual reports on the nuclear programs of Iran, Syria, and North Korea.’.CommentsClose CommentsPermalink
SEC. 407. TITLE OF CHIEF INFORMATION OFFICER OF THE INTELLIGENCE COMMUNITY.
Section 103G of the National Security Act of 1947 (
(1) in subsection (a), by inserting ‘of the Intelligence Community’ after ‘Chief Information Officer’;CommentsClose CommentsPermalink
(2) in subsection (b), by inserting ‘of the Intelligence Community’ after ‘Chief Information Officer’;CommentsClose CommentsPermalink
(3) in subsection (c), by inserting ‘of the Intelligence Community’ after ‘Chief Information Officer’; andCommentsClose CommentsPermalink
(4) in subsection (d), by inserting ‘of the Intelligence Community’ after ‘Chief Information Officer’.CommentsClose CommentsPermalink
SEC. 408. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.
(a) Establishment-CommentsClose CommentsPermalink
(1) IN GENERAL- Title I of the National Security Act of 1947 (
‘INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY
‘Sec. 103H. (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.CommentsClose CommentsPermalink
‘(b) Purpose- The purpose of the Office of the Inspector General of the Intelligence Community is to--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(2) recommend policies designed--CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(B) to prevent and detect fraud and abuse in such matters;CommentsClose CommentsPermalink
‘(3) provide a means for keeping the Director of National Intelligence fully and currently informed about--CommentsClose CommentsPermalink
‘(A) problems and deficiencies relating to matters within the responsibility and authority of the Director of National Intelligence; andCommentsClose CommentsPermalink
‘(B) the necessity for, and the progress of, corrective actions; andCommentsClose CommentsPermalink
‘(4) in the manner prescribed by this section, ensure that the congressional intelligence committees are kept similarly informed of--CommentsClose CommentsPermalink
‘(A) significant problems and deficiencies relating to matters within the responsibility and authority of the Director of National Intelligence; andCommentsClose CommentsPermalink
‘(B) the necessity for, and the progress of, corrective actions.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) The nomination of an individual for appointment as Inspector General shall be made--CommentsClose CommentsPermalink
‘(A) without regard to political affiliation;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(C) on the basis of demonstrated ability in accounting, financial analysis, law, management analysis, public administration, or auditing.CommentsClose CommentsPermalink
‘(3) The Inspector General shall report directly to and be under the general supervision of the Director of National Intelligence.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(2) to keep the Director of National Intelligence fully and currently informed concerning violations of law and regulations, violations of civil liberties and privacy, fraud and other serious problems, abuses, and deficiencies that may occur in matters within the responsibility and authority of the Director, and to report the progress made in implementing corrective action;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(4) in the execution of the duties and responsibilities under this section, to comply with generally accepted government auditing standards.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(A) the Inspector General shall not disclose the identity of the employee without the consent of the employee, unless the Inspector General determines that such disclosure is unavoidable during the course of the investigation or the disclosure is made to an official of the Department of Justice responsible for determining whether a prosecution should be undertaken; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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 an agency or 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 agency or department for resolution.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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 period 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.CommentsClose CommentsPermalink
‘(B) Each report under this paragraph shall include, at a minimum, the following:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(B) The Director shall transmit to the congressional intelligence committees each report under subparagraph (A) within 7 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 problem, abuse, or deficiency related to a component of such department simultaneously with transmission of the report to the congressional intelligence committees.CommentsClose CommentsPermalink
‘(3) In the event that--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(B) an investigation, inspection, or audit carried out by the Inspector General focuses on any current or former intelligence community official who--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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; orCommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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);CommentsClose CommentsPermalink
‘(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); orCommentsClose CommentsPermalink
‘(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,CommentsClose CommentsPermalink
the Inspector General shall immediately notify and submit a report on such matter to the congressional intelligence committees.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(C) Upon receipt of a transmittal from the Inspector General under subparagraph (B), the Director shall, within 7 calendar days of such receipt, forward such transmittal to the congressional intelligence committees, together with any comments the Director considers appropriate.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(ii) An employee may contact the intelligence committees directly as described in clause (i) only if the employee--CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(iii) A member or employee of 1 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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(F) An action taken by the Director or the Inspector General under this paragraph shall not be subject to judicial review.CommentsClose CommentsPermalink
‘(G) In this paragraph, the term ‘urgent concern’ means any of the following:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(iii) An action, including a personnel action described in
, 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.CommentsClose CommentsPermalink section 2302(a)(2)(A) of title 5, United States Code ‘(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
; 5 U.S.C. App. 8H note).CommentsClose CommentsPermalink Public Law 105-272 ‘(6) In accordance with
, 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.CommentsClose CommentsPermalink section 535 of title 28, United States Code ‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(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 103G the following new item:CommentsClose CommentsPermalink
‘Sec. 103H. Inspector General of the Intelligence Community.’.CommentsClose CommentsPermalink
(b) Repeal of Superseded Authority To Establish Position- Section 8K of the Inspector General Act of 1978 (5 U.S.C. App.) is repealed.CommentsClose CommentsPermalink
(c) Executive Schedule Level IV-
, is amended by adding at the end the following new item:CommentsClose CommentsPermalink Section 5315 of title 5, United States Code
‘Inspector General of the Intelligence Community.’.CommentsClose CommentsPermalink
SEC. 409. ANNUAL REPORT ON FOREIGN LANGUAGE PROFICIENCY IN THE INTELLIGENCE COMMUNITY.
(a) Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Title V of the National Security Act of 1947 (
‘REPORT ON FOREIGN LANGUAGE PROFICIENCY IN THE INTELLIGENCE COMMUNITY
‘Sec. 510. Not later than February 1 of each year, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the proficiency in foreign languages and, if appropriate, in foreign dialects of each element of the intelligence community, including--CommentsClose CommentsPermalink
‘(1) the number of positions authorized for such element that require foreign language proficiency and the level of proficiency required;CommentsClose CommentsPermalink
‘(2) an estimate of the number of such positions that each element will require during the 5-year period beginning on the date of the submission of the report;CommentsClose CommentsPermalink
‘(3) the number of positions authorized for such element that require foreign language proficiency that are filled by--CommentsClose CommentsPermalink
‘(A) military personnel; andCommentsClose CommentsPermalink
‘(B) civilian personnel;CommentsClose CommentsPermalink
‘(4) the number of applicants for positions in such element in the previous fiscal year that indicated foreign language proficiency, including the foreign language indicated and the proficiency level;CommentsClose CommentsPermalink
‘(5) the number of persons hired by such element with foreign language proficiency, including the foreign language and proficiency level;CommentsClose CommentsPermalink
‘(6) the number of personnel of such element currently attending foreign language training, including the provider of such training;CommentsClose CommentsPermalink
‘(7) a description of such element’s efforts to recruit, hire, train, and retain personnel that are proficient in a foreign language;CommentsClose CommentsPermalink
‘(8) an assessment of methods and models for basic, advanced, and intensive foreign language training;CommentsClose CommentsPermalink
‘(9) for each foreign language and, where appropriate, dialect of a foreign language--CommentsClose CommentsPermalink
‘(A) the number of positions of such element that require proficiency in the foreign language or dialect;CommentsClose CommentsPermalink
‘(B) the number of personnel of such element that are serving in a position that requires proficiency in the foreign language or dialect to perform the primary duty of the position;CommentsClose CommentsPermalink
‘(C) the number of personnel of such element that are serving in a position that does not require proficiency in the foreign language or dialect to perform the primary duty of the position;CommentsClose CommentsPermalink
‘(D) the number of personnel of such element rated at each level of proficiency of the Interagency Language Roundtable;CommentsClose CommentsPermalink
‘(E) whether the number of personnel at each level of proficiency of the Interagency Language Roundtable meets the requirements of such element;CommentsClose CommentsPermalink
‘(F) the number of personnel serving or hired to serve as linguists for such element that are not qualified as linguists under the standards of the Interagency Language Roundtable;CommentsClose CommentsPermalink
‘(G) the number of personnel hired to serve as linguists for such element during the preceding calendar year;CommentsClose CommentsPermalink
‘(H) the number of personnel serving as linguists that discontinued serving such element during the preceding calendar year;CommentsClose CommentsPermalink
‘(I) the percentage of work requiring linguistic skills that is fulfilled by an ally of the United States; andCommentsClose CommentsPermalink
‘(J) the percentage of work requiring linguistic skills that is fulfilled by contractors;CommentsClose CommentsPermalink
‘(10) an assessment of the foreign language capacity and capabilities of the intelligence community as a whole;CommentsClose CommentsPermalink
‘(11) recommendations for eliminating required reports relating to foreign-language proficiency that the Director of National Intelligence considers outdated or no longer relevant; andCommentsClose CommentsPermalink
‘(12) an assessment of the feasibility of employing foreign nationals lawfully present in the United States who have previously worked as translators or interpreters for the Armed Forces or another department or agency of the Federal Government in Iraq or Afghanistan to meet the critical language needs of such element.’.CommentsClose CommentsPermalink
(2) REPORT DATE- Section 507(a)(1) of such Act (
) is amended--CommentsClose CommentsPermalink 50 U.S.C. 415b(a)(1)
(A) by redesignating subparagraph (N) as subparagraph (J); andCommentsClose CommentsPermalink
(B) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(K) The annual report on foreign language proficiency in the intelligence community required by section 510.’.CommentsClose CommentsPermalink
(b) Conforming Amendment- The table of contents in the first section of such Act is further amended by inserting after the item relating to section 509 the following new item:CommentsClose CommentsPermalink
‘Sec. 510. Report on foreign language proficiency in the intelligence community.’.CommentsClose CommentsPermalink
SEC. 410. REPEAL OF CERTAIN AUTHORITIES RELATING TO THE OFFICE OF THE NATIONAL COUNTERINTELLIGENCE EXECUTIVE.
(a) Repeal of Certain Authorities- Section 904 of the Counterintelligence Enhancement Act of 2002 (title IX of
(1) by striking subsections (d), (h), (i), and (j); andCommentsClose CommentsPermalink
(2) by redesignating subsections (e), (f), (g), (k), (l), and (m) as subsections (d), (e), (f), (g), (h), and (i), respectively; andCommentsClose CommentsPermalink
(3) in subsection (f), as redesignated by paragraph (2), by striking paragraphs (3) and (4).CommentsClose CommentsPermalink
(b) Conforming Amendments- Such section 904 is further amended--CommentsClose CommentsPermalink
(1) in subsection (d), as redesignated by subsection (a)(2) of this section, by striking ‘subsection (f)’ each place it appears in paragraphs (1) and (2) and inserting ‘subsection (e)’; andCommentsClose CommentsPermalink
(2) in subsection (e), as so redesignated--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking ‘subsection (e)(1)’ and inserting ‘subsection (d)(1)’; andCommentsClose CommentsPermalink
(B) in paragraph (2), by striking ‘subsection (e)(2)’ and inserting ‘subsection (d)(2)’.CommentsClose CommentsPermalink
SEC. 411. NATIONAL INTELLIGENCE ESTIMATE ON WEAPONS OF MASS DESTRUCTION IN SYRIA.
(a) In General- Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a National Intelligence Estimate on the history, status, and projected development of any weapons of mass destruction development program undertaken by the Government of Syria, or by any person on behalf of the Government of Syria.CommentsClose CommentsPermalink
(b) Form- The National Intelligence Estimate required under subsection (a) may be submitted in classified form.CommentsClose CommentsPermalink
SEC. 412. REPORT ON INTELLIGENCE RESOURCES DEDICATED TO IRAQ AND AFGHANISTAN.
Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report on intelligence collection and analysis resources dedicated to Iraq and Afghanistan during fiscal years 2007 and 2008. Such report shall include detailed information on fiscal, human, technical, and other intelligence collection and analysis resources.CommentsClose CommentsPermalink
SEC. 413. OMBUDSMAN FOR INTELLIGENCE COMMUNITY SECURITY CLEARANCES.
(a) In General- Title I of the National Security Act of 1947 (
‘OMBUDSMAN FOR INTELLIGENCE COMMUNITY SECURITY CLEARANCES
‘Sec. 103I. (a) Appointment- The Director of National Intelligence shall appoint an ombudsman for intelligence community security clearances.CommentsClose CommentsPermalink
‘(b) Provision of Information- The head of an element of the intelligence community shall provide a person applying for a security clearance through or in coordination with such element with contact information for the ombudsman appointed under subsection (a).CommentsClose CommentsPermalink
‘(c) Report- Not later than November 1 of each year, the ombudsman appointed under subsection (a) shall submit to the congressional intelligence committees a report containing--CommentsClose CommentsPermalink
‘(1) the number of persons applying for a security clearance who have contacted the ombudsman during the preceding 12 months; andCommentsClose CommentsPermalink
‘(2) a summary of the concerns, complaints, and questions received by the ombudsman from persons applying for security clearances.’.CommentsClose CommentsPermalink
(b) Appointment Date- The Director of National Intelligence shall appoint an ombudsman for intelligence community security clearances under section 103I(a) of the National Security Act of 1947, as added by subsection (a), not later than 60 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(c) Conforming Amendment- The table of contents in the first section of the National Security Act of 1947 is further amended by inserting after the item relating to section 103H the following new item:CommentsClose CommentsPermalink
‘Sec. 103I. Ombudsman for intelligence community security clearances.’.CommentsClose CommentsPermalink
SEC. 414. SECURITY CLEARANCE RECIPROCITY.
(a) Audit- The Inspector General of the Intelligence Community shall conduct an audit of the reciprocity of security clearances in the intelligence community.CommentsClose CommentsPermalink
(b) Report- Not later than 60 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community shall submit to the congressional intelligence committees a report containing the results of the audit conducted under subsection (a). Such report shall include an assessment of the time required to obtain a reciprocal security clearance for--CommentsClose CommentsPermalink
(1) an employee of an element of the intelligence community detailed to another element of the intelligence community;CommentsClose CommentsPermalink
(2) an employee of an element of the intelligence community seeking permanent employment with another element of the intelligence community; andCommentsClose CommentsPermalink
(3) a contractor seeking permanent employment with an element of the intelligence community.CommentsClose CommentsPermalink
SEC. 415. REPORT ON INTERNATIONAL TRAFFIC IN ARMS REGULATIONS.
(a) Report- Not later than February 1, 2009, the Director of National Intelligence shall submit to the congressional intelligence committees a report assessing--CommentsClose CommentsPermalink
(1) the threat to national security presented by the efforts of foreign countries to acquire, through espionage, diversion, or other means, sensitive equipment and technology, and the degree to which United States export controls (including the International Traffic in Arms Regulations) are adequate to defeat such efforts; andCommentsClose CommentsPermalink
(2) the extent to which United States export controls are well matched to the scope of the foreign threat such controls are designed to defeat and whether other means could more successfully defeat such threats.CommentsClose CommentsPermalink
(b) Form- The report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink
(c) International Traffic in Arms Regulations Defined- The term ‘International Traffic in Arms Regulations’ means those regulations contained in parts 120 through 130 of title 22, Code of Federal Regulations (or successor regulations).CommentsClose CommentsPermalink
SEC. 416. REPORT ON NUCLEAR TRAFFICKING.
(a) Report- Not later than February 1, 2009, the Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives, and the Committee on Armed Services and the Committee on Foreign Relations of the Senate a report on the illicit trade of nuclear and radiological material and equipment.CommentsClose CommentsPermalink
(b) Contents- The report submitted under subsection (a) shall include, for a period of time including at least the preceding three years--CommentsClose CommentsPermalink
(1) details of all known or suspected cases of the illicit sale, transfer, brokering, or transport of nuclear or radiological material or equipment useful for the production of nuclear or radiological material or nuclear explosive devices;CommentsClose CommentsPermalink
(2) an assessment of the countries that represent the greatest risk of nuclear trafficking activities; andCommentsClose CommentsPermalink
(3) a discussion of any dissents, caveats, gaps in knowledge, or other information that would reduce confidence in the assessment referred to in paragraph (2).CommentsClose CommentsPermalink
(c) Form- The report under subsection (a) may be submitted in classified form, but shall include an unclassified summary.CommentsClose CommentsPermalink
SEC. 417. STUDY ON REVOKING PENSIONS OF PERSONS WHO COMMIT UNAUTHORIZED DISCLOSURES OF CLASSIFIED INFORMATION.
(a) Study- The Director of National Intelligence shall conduct a study on the feasibility of revoking the pensions of personnel in the intelligence community who commit unauthorized disclosures of classified information, including whether revoking such pensions is feasible under existing law or under the administrative authority of the Director of National Intelligence or any other head of an element of the intelligence community.CommentsClose CommentsPermalink
(b) Report- Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report containing the results of the study conducted under subsection (a).CommentsClose CommentsPermalink
SEC. 418. MEMORANDUM TO HOLDERS OF NATIONAL INTELLIGENCE ESTIMATE ON IRAN.
Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall issue a memorandum to holders of the National Intelligence Estimate entitled ‘Iran: Nuclear Intentions and Capabilities’ regarding any intelligence on the nuclear program of Iran that has been gathered or emerged since the publication of such National Intelligence Estimate in October 2007.CommentsClose CommentsPermalink
SEC. 419. NATIONAL INTELLIGENCE ESTIMATE ON PRODUCTION AND SALE OF NARCOTICS IN SUPPORT OF INTERNATIONAL TERRORISM.
Not later than 1 year after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a National Intelligence Estimate on the production and sale of narcotics in support of international terrorism, including the support the Taliban and al Qaeda receive from the sale of narcotics (particularly heroin) and the shift in production from opium to hashish in Afghanistan.CommentsClose CommentsPermalink
Subtitle B--Central Intelligence AgencyCommentsClose CommentsPermalink
SEC. 421. REVIEW OF COVERT ACTION PROGRAMS BY INSPECTOR GENERAL OF THE CENTRAL INTELLIGENCE AGENCY.
(a) In General- Section 503 of the National Security Act of 1947 (
(1) redesignating subsection (e) as subsection (g) and transferring such subsection to the end; andCommentsClose CommentsPermalink
(2) by inserting after subsection (d) the following new subsection:CommentsClose CommentsPermalink
‘(e) Inspector General Audits of Covert Actions-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Subject to paragraph (2), the Inspector General of the Central Intelligence Agency shall conduct an audit of each covert action at least every 3 years. Such audits shall be conducted subject to the provisions of paragraphs (3) and (4) of subsection (b) of section 17 of the Central Intelligence Agency Act of 1949 (
).CommentsClose CommentsPermalink 50 U.S.C. 403q ‘(2) TERMINATED, SUSPENDED PROGRAMS- The Inspector General of the Central Intelligence Agency is not required to conduct an audit under paragraph (1) of a covert action that has been terminated or suspended if such covert action was terminated or suspended prior to the last audit of such covert action conducted by the Inspector General and has not been restarted after the date on which such audit was completed.CommentsClose CommentsPermalink
‘(3) REPORT- Not later than 60 days after the completion of an audit conducted pursuant to paragraph (1), the Inspector General of the Central Intelligence Agency shall submit to the congressional intelligence committees a report containing the results of such audit.’.CommentsClose CommentsPermalink
(b) Conforming Amendments- Title V of the National Security Act of 1947 (
(1) in section 501(f) (
(2) in section 502(a)(1) (
(3) in section 504(c) (
SEC. 422. INAPPLICABILITY TO DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY OF REQUIREMENT FOR ANNUAL REPORT ON PROGRESS IN AUDITABLE FINANCIAL STATEMENTS.
Section 114A of the National Security Act of 1947 (
SEC. 423. TECHNICAL AMENDMENTS RELATING TO TITLES OF CERTAIN CENTRAL INTELLIGENCE AGENCY POSITIONS.
Section 17(d)(3)(B)(ii) of the Central Intelligence Agency Act of 1949 (
(1) in subclause (I), by striking ‘Executive Director’ and inserting ‘Associate Deputy Director’;CommentsClose CommentsPermalink
(2) in subclause (II), by striking ‘Deputy Director for Operations’ and inserting ‘Director of the National Clandestine Service’;CommentsClose CommentsPermalink
(3) in subclause (III), by striking ‘Deputy Director for Intelligence’ and inserting ‘Director of Intelligence’;CommentsClose CommentsPermalink
(4) in subclause (IV), by striking ‘Deputy Director for Administration’ and inserting ‘Director of Support’; andCommentsClose CommentsPermalink
(5) in subclause (V), by striking ‘Deputy Director for Science and Technology’ and inserting ‘Director of Science and Technology’.CommentsClose CommentsPermalink
SEC. 424. CLARIFYING AMENDMENTS RELATING TO SECTION 105 OF THE INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2004.
Section 105(b) of the Intelligence Authorization Act for Fiscal Year 2004 (
(1) by striking ‘Director of Central Intelligence’ and inserting ‘Director of National Intelligence’; andCommentsClose CommentsPermalink
(2) by inserting ‘or in section 313 of such title,’ after ‘subsection (a)),’.CommentsClose CommentsPermalink
SEC. 425. PROHIBITION ON THE USE OF PRIVATE CONTRACTORS FOR INTERROGATIONS INVOLVING PERSONS IN THE CUSTODY OR CONTROL OF THE CENTRAL INTELLIGENCE AGENCY.
(a) Prohibition- Notwithstanding any other provision of law, the Director of the Central Intelligence Agency shall not expend or obligate funds for payment to any contractor to conduct the interrogation of a detainee or prisoner in custody or under the effective control of the Central Intelligence Agency.CommentsClose CommentsPermalink
(b) Exception-CommentsClose CommentsPermalink
(1) IN GENERAL- The Director of the Central Intelligence Agency may request, and the Director of National Intelligence may grant, a written waiver of the requirement under subsection (a) if the Director of the Central Intelligence Agency determines that--CommentsClose CommentsPermalink
(A) no employee of the Federal Government is--CommentsClose CommentsPermalink
(i) capable of performing such interrogation; andCommentsClose CommentsPermalink
(ii) available to perform such interrogation; andCommentsClose CommentsPermalink
(B) such interrogation is in the national interest of the United States and requires the use of a contractor.CommentsClose CommentsPermalink
(2) CLARIFICATION OF APPLICABILITY OF CERTAIN LAWS- Any contractor conducting an interrogation pursuant to a waiver under paragraph (1) shall be subject to all laws on the conduct of interrogations that would apply if an employee of the Federal Government were conducting the interrogation.CommentsClose CommentsPermalink
SEC. 426. REPORT ON ACTIVITIES OF THE CENTRAL INTELLIGENCE AGENCY IN ARGENTINA.
(a) In General- Not later than 270 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall submit to the appropriate congressional committees a report containing the following:CommentsClose CommentsPermalink
(1) A description of any information in the possession of the intelligence community with respect to the following events in the Republic of Argentina:CommentsClose CommentsPermalink
(A) The accession to power by the Military of the Republic of Argentina in 1976.CommentsClose CommentsPermalink
(B) Violations of human rights committed by officers or agents of the Argentine military and security forces.CommentsClose CommentsPermalink
(C) Operation Condor and the fate of Argentine people targeted, abducted, or killed during such Operation, including Argentine children born in captivity whose status remains unknown.CommentsClose CommentsPermalink
(2) All information that may lead to the discovery of the Argentine children born in captivity whose status remains unknown.CommentsClose CommentsPermalink
(3) A compilation of information referred to in paragraphs (1) and (2) that has been declassified.CommentsClose CommentsPermalink
(b) Update of Compilation- Not later than 1 year after the date on which the report required under subsection (a) is submitted, and annually thereafter for three years, the Director of the Central Intelligence Agency shall submit to the appropriate congressional committees an update of the compilation referred to in subsection (a)(3).CommentsClose CommentsPermalink
(c) Form- The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink
(d) Definition- In this section, the term ‘appropriate congressional committees’ means the Permanent Select Committee on Intelligence and the Committee on Appropriations of the House of Representatives and the Select Committee on Intelligence and the Committee on Appropriations of the Senate.CommentsClose CommentsPermalink
Subtitle C--Defense Intelligence ComponentsCommentsClose CommentsPermalink
SEC. 431. INTEGRATION OF THE COUNTERINTELLIGENCE FIELD ACTIVITY INTO THE DEFENSE INTELLIGENCE AGENCY.
(a) Report- Not later than November 1, 2008, the Under Secretary of Defense for Intelligence shall submit to the congressional intelligence and armed services committees a report outlining the process by which the Counterintelligence Field Activity is to be integrated into the Defense Intelligence Agency. Such report shall include--CommentsClose CommentsPermalink
(1) a description of the nature of any law enforcement authorities to be delegated to the Defense Intelligence Agency;CommentsClose CommentsPermalink
(2) the authority under which the delegation of authority referred to in paragraph (1) would occur; andCommentsClose CommentsPermalink
(3) the guidelines for the implementation of such law enforcement authorities.CommentsClose CommentsPermalink
(b) Congressional Intelligence and Armed Services Committees- In this section, the term ‘congressional intelligence and armed services committees’ means--CommentsClose CommentsPermalink
(1) the Permanent Select Committee on Intelligence of the House of Representatives;CommentsClose CommentsPermalink
(2) the Select Committee on Intelligence of the Senate; andCommentsClose CommentsPermalink
(3) the Committees on Armed Services of the House of Representatives and the Senate.CommentsClose CommentsPermalink
Subtitle D--Other ElementsCommentsClose CommentsPermalink
SEC. 441. CLARIFICATION OF INCLUSION OF COAST GUARD AND DRUG ENFORCEMENT ADMINISTRATION AS ELEMENTS OF THE INTELLIGENCE COMMUNITY.
Section 3(4) of the National Security Act of 1947 (
(1) in subparagraph (H)--CommentsClose CommentsPermalink
(A) by inserting ‘the Coast Guard,’ after ‘the Marine Corps,’; andCommentsClose CommentsPermalink
(B) by inserting ‘the Drug Enforcement Administration,’ after ‘the Federal Bureau of Investigation,’; andCommentsClose CommentsPermalink
(2) in subparagraph (K), by striking ‘, including the Office of Intelligence of the Coast Guard’.CommentsClose CommentsPermalink
SEC. 442. REPORT ON TRANSFORMATION OF THE INTELLIGENCE CAPABILITIES OF THE FEDERAL BUREAU OF INVESTIGATION.
Not later than 120 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall submit to the congressional intelligence committees a report describing the Director’s long term vision for transforming the intelligence capabilities of the Bureau and the progress of the internal reforms of the Bureau intended to achieve that vision. Such report shall include--CommentsClose CommentsPermalink
(1) the direction, strategy, and goals for transforming the intelligence capabilities of the Bureau;CommentsClose CommentsPermalink
(2) a description of what the fully functional intelligence and national security functions of the Bureau should entail;CommentsClose CommentsPermalink
(3) a candid assessment of the effect of internal reforms at the Bureau and whether such reforms have moved the Bureau towards achieving the goals of the Director for the intelligence and national security functions of the Bureau; andCommentsClose CommentsPermalink
(4) an assessment of how well the Bureau performs tasks that are critical to the effective functioning of the Bureau as an intelligence agency, including--CommentsClose CommentsPermalink
(A) identifying new intelligence targets within the scope of the national security functions of the Bureau, outside the parameters of an existing case file or ongoing investigation;CommentsClose CommentsPermalink
(B) collecting intelligence domestically, including collection through human and technical sources;CommentsClose CommentsPermalink
(C) recruiting human sources;CommentsClose CommentsPermalink
(D) training Special Agents to spot, assess, recruit, and handle human sources;CommentsClose CommentsPermalink
(E) working collaboratively with other Federal departments and agencies to jointly collect intelligence on domestic counterterrorism and counterintelligence targets;CommentsClose CommentsPermalink
(F) producing a common intelligence picture of domestic threats to the national security of the United States;CommentsClose CommentsPermalink
(G) producing high quality and timely intelligence analysis;CommentsClose CommentsPermalink
(H) integrating intelligence analysts into its intelligence collection operations; andCommentsClose CommentsPermalink
(I) sharing intelligence information with intelligence community partners.CommentsClose CommentsPermalink
TITLE V--OTHER MATTERSCommentsClose CommentsPermalink
Subtitle A--General Intelligence MattersCommentsClose CommentsPermalink
SEC. 501. EXTENSION OF NATIONAL COMMISSION FOR THE REVIEW OF THE RESEARCH AND DEVELOPMENT PROGRAMS OF THE UNITED STATES INTELLIGENCE COMMUNITY.
(a) Extension-CommentsClose CommentsPermalink
(1) IN GENERAL- Subsection (a) of section 1007 of the Intelligence Authorization Act for Fiscal Year 2003 (
(2) EFFECTIVE DATE- Subject to paragraph (3), the amendment made by paragraph (1) shall take effect as if included in the enactment of such section 1007.CommentsClose CommentsPermalink
(3) COMMISSION MEMBERSHIP-CommentsClose CommentsPermalink
(A) IN GENERAL- The membership of the National Commission for the Review of the Research and Development Programs of the United States Intelligence Community established under subsection (a) of section 1002 of such Act (
(B) TECHNICAL AMENDMENT- Paragraph (1) of section 1002(b) of such Act is amended by striking ‘The Deputy Director of Central Intelligence for Community Management.’ and inserting ‘The Principal Deputy Director of National Intelligence.’.CommentsClose CommentsPermalink
(4) CLARIFICATION OF DUTIES- Section 1002(i) of such Act is amended in the matter preceding paragraph (1) by striking ‘including--’ and inserting ‘including advanced research and development programs and activities. Such review shall include--’.CommentsClose CommentsPermalink
(b) Funding-CommentsClose CommentsPermalink
(1) IN GENERAL- Of the amounts authorized to be appropriated by this Act for the Intelligence Community Management Account, the Director of National Intelligence shall make $2,000,000 available to the Commission to carry out title X of the Intelligence Authorization Act for Fiscal Year 2003 (
(2) AVAILABILITY- Amounts made available to the Commission pursuant to paragraph (1) shall remain available until expended.CommentsClose CommentsPermalink
SEC. 502. AMENDMENTS TO THE NATIONAL SECURITY ACT OF 1947.
(a) General Congressional Oversight- Section 501(a) of the National Security Act of 1947 (
‘(3) In carrying out paragraph (1), the President shall provide to the congressional intelligence committees all information necessary to assess the lawfulness, effectiveness, cost, benefit, intelligence gain, budgetary authority, and risk of an intelligence activity, including--CommentsClose CommentsPermalink
‘(A) the legal authority under which the intelligence activity is being or was conducted;CommentsClose CommentsPermalink
‘(B) any legal issues upon which guidance was sought in carrying out or planning the intelligence activity, including dissenting legal views;CommentsClose CommentsPermalink
‘(C) any specific operational concerns arising from the intelligence activity, including the risk of disclosing intelligence sources or methods;CommentsClose CommentsPermalink
‘(D) the likelihood that the intelligence activity will exceed the planned or authorized expenditure of funds or other resources; andCommentsClose CommentsPermalink
‘(E) the likelihood that the intelligence activity will fail.’.CommentsClose CommentsPermalink
(b) Reporting on Activities Other Than Covert Actions- Section 502 of such Act (
‘(d) Distribution of Information-CommentsClose CommentsPermalink
‘(1) REQUEST- Information or material provided in accordance with subsection (a) shall be made available to each member of the congressional intelligence committees, unless the President requests that access to the information or material be limited after determining that limiting such access is essential to meet extraordinary circumstances affecting vital interests of the United States. A request under this paragraph and the extraordinary circumstances referred to in this paragraph shall be detailed in writing to the Chair and ranking minority member of the congressional intelligence committees.CommentsClose CommentsPermalink
‘(2) DISTRIBUTION- If the President submits a request under paragraph (1), the Chair and ranking minority member of each congressional intelligence committee may jointly determine whether and how to limit access to the information or material within such committee. If the Chair and ranking minority member of such committee are unable to agree on whether or how to limit such access, access to the information or material will be limited. Any information or material to which access is limited shall subsequently be made available to each member of the congressional intelligence communities at the earliest possible time and shall include a detailed statement of the reasons for not providing prior access.’.CommentsClose CommentsPermalink
(c) Approval of Covert Actions- Section 503(d) of the National Security Act of 1947 (
(1) by striking ‘(d) The President’ and inserting ‘(d)(1) The President’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(2) For purposes of this subsection, an activity shall constitute a ‘significant undertaking’ if the activity--CommentsClose CommentsPermalink
‘(A) involves the potential for loss of life;CommentsClose CommentsPermalink
‘(B) requires an expansion of existing authorities, including authorities relating to research, development, or operations;CommentsClose CommentsPermalink
‘(C) results in the expenditure of significant funds or other resources;CommentsClose CommentsPermalink
‘(D) requires notification under section 504;CommentsClose CommentsPermalink
‘(E) gives rise to a significant risk of disclosing intelligence sources or methods; orCommentsClose CommentsPermalink
‘(F) could cause serious damage to the diplomatic relations of the United States if such activity were disclosed without authorization.’.CommentsClose CommentsPermalink
SEC. 503. REPORT ON FINANCIAL INTELLIGENCE ON TERRORIST ASSETS.
(a) Annual Reports- Section 118 of the National Security Act of 1947 (
(1) in the heading, by striking ‘SEMIANNUAL’ and inserting ‘ANNUAL’; andCommentsClose CommentsPermalink
(2) in subsection (a)--CommentsClose CommentsPermalink
(A) in the heading, by striking ‘Semiannual’ and inserting ‘Annual’;CommentsClose CommentsPermalink
(B) in the matter preceding paragraph (1)--CommentsClose CommentsPermalink
(i) by striking ‘semiannual basis’ and inserting ‘annual basis’; andCommentsClose CommentsPermalink
(ii) by striking ‘preceding six-month period’ and inserting ‘preceding year’;CommentsClose CommentsPermalink
(C) by striking paragraph (2); andCommentsClose CommentsPermalink
(D) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.CommentsClose CommentsPermalink
(b) Conforming Amendment- Section 507 of the National Security Act of 1947 (
(1) in subsection (a)(1), by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(L) The annual report on financial intelligence on terrorist assets required by section 118.’; andCommentsClose CommentsPermalink
(2) in subsection (b), by striking paragraph (6).CommentsClose CommentsPermalink
SEC. 504. NOTICE OF INTELLIGENCE REGARDING NORTH KOREA AND CHINA.
Section 501 of the National Security Act of 1947 (
(1) by redesignating subsection (f) as subsection (g); andCommentsClose CommentsPermalink
(2) by inserting after subsection (e) the following new subsection:CommentsClose CommentsPermalink
‘(f) A notification to the congressional intelligence committees regarding intelligence information relating to North Korea or China after all or part of the information has been communicated to the governments of North Korea or China, respectively, shall not be construed to fulfill the duty under this title to keep the congressional intelligence committees fully and currently informed of the intelligence activities of the United States.’.CommentsClose CommentsPermalink
SEC. 505. SENSE OF CONGRESS REGARDING USE OF INTELLIGENCE RESOURCES.
It is the sense of Congress that the resources authorized under this Act should not be diverted from human intelligence collection and other intelligence programs designed to combat al Qaeda in order to study global climate change.CommentsClose CommentsPermalink
SEC. 506. SENSE OF CONGRESS REGARDING COLOMBIAN PARAMILITARY ORGANIZATIONS.
It is the sense of Congress that--CommentsClose CommentsPermalink
(1) the permanent defeat of the Revolutionary Armed Forces of Columbia (FARC), United Self-Defense Forces of Colombia (AUC), National Liberation Army (ELN), and other Colombian paramilitary organizations is in the national interest of the United States;CommentsClose CommentsPermalink
(2) the Colombian operation that liberated Americans Keith Stansell, Marc Gonsalves, and Thomas Howes and Ingrid Betancourt and 11 other Colombian hostages from the FARC on July 2, 2008, demonstrated the professionalism of Colombian security forces and intelligence operatives;CommentsClose CommentsPermalink
(3) intelligence and other cooperation by the United States has played a key role in developing and reinforcing the capabilities of the Government of Colombia to address terrorist and narcoterrorist threats;CommentsClose CommentsPermalink
(4) intelligence and other cooperation by the United States has significantly contributed to the continued success of the Government of Colombia in impacting the capabilities of terrorist and narcoterrorist groups that have threatened the national security of Colombia and the United States; andCommentsClose CommentsPermalink
(5) it is critical that such assistance continue in order to support the Government of Colombia in its efforts to continue to capitalize on those successes.CommentsClose CommentsPermalink
SEC. 507. JIHADISTS.
None of the funds authorized to be appropriated by this Act may be used to prohibit or discourage the use of the words or phrases ‘jihadist’, ‘jihad’, ‘Islamo-fascism’, ‘caliphate’, ‘Islamist’, or ‘Islamic terrorist’ by or within the intelligence community or the Federal Government.CommentsClose CommentsPermalink
Subtitle B--Technical AmendmentsCommentsClose CommentsPermalink
SEC. 511. TECHNICAL AMENDMENT TO THE CENTRAL INTELLIGENCE AGENCY ACT OF 1949.
Section 5(a)(1) of the Central Intelligence Agency Act of 1949 (
SEC. 512. TECHNICAL AMENDMENTS RELATING TO THE MULTIYEAR NATIONAL INTELLIGENCE PROGRAM.
(a) In General- Subsection (a) of section 1403 of the National Defense Authorization Act for Fiscal Year 1991 (
(1) in the heading, by striking ‘Foreign’; andCommentsClose CommentsPermalink
(2) by striking ‘foreign’ each place it appears.CommentsClose CommentsPermalink
(b) Responsibility of Director of National Intelligence- That section is further amended--CommentsClose CommentsPermalink
(1) in subsections (a) and (c), by striking ‘Director of Central Intelligence’ and inserting ‘Director of National Intelligence’; andCommentsClose CommentsPermalink
(2) in subsection (b), by inserting ‘of National Intelligence’ after ‘Director’.CommentsClose CommentsPermalink
(c) Conforming Amendment- The heading of that section is amended to read as follows:CommentsClose CommentsPermalink
‘SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PROGRAM.’.
SEC. 513. TECHNICAL CLARIFICATION OF CERTAIN REFERENCES TO JOINT MILITARY INTELLIGENCE PROGRAM AND TACTICAL INTELLIGENCE AND RELATED ACTIVITIES.
Section 102A of the National Security Act of 1947 (
(1) in subsection (c)(3)(A), by striking ‘annual budgets for the Joint Military Intelligence Program and for Tactical Intelligence and Related Activities’ and inserting ‘annual budget for the Military Intelligence Program or any successor program or programs’; andCommentsClose CommentsPermalink
(2) in subsection (d)(1)(B), by striking ‘Joint Military Intelligence Program’ and inserting ‘Military Intelligence Program or any successor program or programs’.CommentsClose CommentsPermalink
SEC. 514. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF 1947.
The National Security Act of 1947 (
(1) In section 102A (
(A) in subsection (d)--CommentsClose CommentsPermalink
(i) in paragraph (3), by striking ‘subparagraph (A)’ in the matter preceding subparagraph (A) and inserting ‘paragraph (1)(A)’;CommentsClose CommentsPermalink
(ii) in paragraph (5)(A), by striking ‘or personnel’ in the matter preceding clause (i); andCommentsClose CommentsPermalink
(iii) in paragraph (5)(B), by striking ‘or agency involved’ in the second sentence and inserting ‘involved or the Director of the Central Intelligence Agency (in the case of the Central Intelligence Agency)’;CommentsClose CommentsPermalink
(B) in subsection (l)(2)(B), by striking ‘section’ and inserting ‘paragraph’; andCommentsClose CommentsPermalink
(C) in subsection (n), by inserting ‘and Other’ after ‘Acquisition’.CommentsClose CommentsPermalink
(2) In section 119(c)(2)(B) (
(3) In section 705(e)(2)(D)(i) (
SEC. 515. TECHNICAL AMENDMENTS TO THE INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004.
(a) Amendments to National Security Intelligence Reform Act of 2004- The National Security Intelligence Reform Act of 2004 (title I of
(1) In section 1016(e)(10)(B) (
(2) In section 1071(e), by striking ‘(1)’.CommentsClose CommentsPermalink
(3) In section 1072(b), in the subsection heading by inserting ‘Agency’ after ‘Intelligence’.CommentsClose CommentsPermalink
(b) Other Amendments to Intelligence Reform and Terrorism Prevention Act of 2004- The Intelligence Reform and Terrorism Prevention Act of 2004 (
(1) In section 2001 (
(A) in subsection (c)(1), by inserting ‘of’ before ‘an institutional culture’;CommentsClose CommentsPermalink
(B) in subsection (e)(2), by striking ‘the National Intelligence Director in a manner consistent with section 112(e)’ and inserting ‘the Director of National Intelligence in a manner consistent with applicable law’; andCommentsClose CommentsPermalink
(C) in subsection (f), by striking ‘shall,’ in the matter preceding paragraph (1) and inserting ‘shall’.CommentsClose CommentsPermalink
(2) In section 2006 (
(A) in paragraph (2), by striking ‘the Federal’ and inserting ‘Federal’; andCommentsClose CommentsPermalink
(B) in paragraph (3), by striking ‘the specific’ and inserting ‘specific’.CommentsClose CommentsPermalink
SEC. 516. TECHNICAL AMENDMENTS TO THE EXECUTIVE SCHEDULE.
(a) Executive Schedule Level II-
‘Director of the Central Intelligence Agency.’.CommentsClose CommentsPermalink
(b) Executive Schedule Level III-
‘Deputy Director of the Central Intelligence Agency.’.CommentsClose CommentsPermalink
(c) Executive Schedule Level IV-
‘General Counsel of the Office of the Director of National Intelligence.’.CommentsClose CommentsPermalink
SEC. 517. TECHNICAL AMENDMENTS RELATING TO THE NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.
(a) Title 5- Title 5, United States Code, is amended by striking ‘National Imagery and Mapping Agency’ each place it appears and inserting ‘National Geospatial-Intelligence Agency’.CommentsClose CommentsPermalink
(b) Title 44- Title 44, United States Code, is amended--CommentsClose CommentsPermalink
(1) in section 1336--CommentsClose CommentsPermalink
(A) in the heading, by striking ‘National Imagery and Mapping Agency’ and inserting ‘National Geospatial-Intelligence Agency’; andCommentsClose CommentsPermalink
(B) by striking ‘National Imagery and Mapping Agency’ each place it appears and inserting ‘National Geospatial-Intelligence Agency’; andCommentsClose CommentsPermalink
(2) in the table of sections at the beginning of chapter 13, by striking the item relating to section 1336 and inserting the following new item:CommentsClose CommentsPermalink
‘1336. National Geospatial-Intelligence Agency: special publications.’.CommentsClose CommentsPermalink
(c) Section 201 of the Homeland Security Act of 2002- Section 201(f)(2)(E) of the Homeland Security Act of 2002 (
Passed the House of Representatives July 16, 2008.CommentsClose CommentsPermalink
Attest:CommentsClose CommentsPermalink
Clerk. LORRAINE C. MILLER, CommentsClose CommentsPermalink
Clerk.CommentsClose CommentsPermalink
By Robert F. Reeves,CommentsClose CommentsPermalink
Deputy Clerk.CommentsClose CommentsPermalink
Calendar No. 888CommentsClose CommentsPermalink
110th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
H. R. 5959CommentsClose CommentsPermalink
AN ACTCommentsClose CommentsPermalink
To authorize appropriations for fiscal year 2009 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.CommentsClose CommentsPermalink
July 17, 2008CommentsClose CommentsPermalink
Received; read twice and placed on the calendarCommentsClose CommentsPermalink
Vote on This Bill
-
Share This Bill
More Share via Email
OC Blog Articles Related To This Bill
- Yes, let's stride towards an open VCS for legislation (or, GitHub for laws on OC) May 23, 2012
- With SOPA Shelved, Congress Readies its Next Attack on the Internet Feb 13, 2012
- Anti-Web Censorship Bill Protest from Our Perspective at OC Feb 08, 2012
- Indefinite military detention for U.S. citizens now in the hands of a secretive conference committee Dec 08, 2011
- Senate Passes Indefinite Military Detention Bill Over Obama Veto Threat Dec 03, 2011
Recent OC Blog Articles
- Yes, let's stride towards an open VCS for legislation (or, GitHub for laws on OC) May 23, 2012
- Contact Congress Today to #FreeTHOMAS May 17, 2012
- Yochai Benkler: Blueprint for Democratic Participation May 10, 2012
- New NDAA Would Give the Military Clandestine Cyberwar Powers May 08, 2012
- The Week Ahead in Congress May 07, 2012