[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2701 Enrolled Bill (ENR)]
H.R.2701
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
To authorize appropriations for fiscal year 2010 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

dcbe5d284e3252d56eff93a1b0a91ef31972cbba4eb3ea23188a02d5bdc6c209

(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

efd0ef05d464d202d7dd98e1740e402bdfb61429f9599c900f448cb1f08bd508

the Central Intelligence Agency Retirement Act.
Subtitle A--Personnel Matters

70d48e53b7aa0b0c94bd58355cc6f2038f964c66bb7db207f82fb863dbb57a9c

TITLE II

-CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

1e39dc44c695661cb89d47488d818d30fc1826cbc3d422410222280ec60bfc74

TITLE III

-GENERAL INTELLIGENCE COMMUNITY MATTERS

c14b19b6126876e67b2862225fa90f6cfd0f5bd493e62a549700ca32d2d81d22

eb26930a4cf90f980f3ed9cd59ccf582e73aee940683d2c887cc86d8e19e77c0

1c44a192f423f227529462040a3fd0256aa60c04c84fa95ac5b801f1dd25bae3

372a1187a8281da5d502ff6d1dd11c45554e09770704c4303302bf0d1d842602

employees.
Subtitle B--Education Programs

2cbffd8eb5c9cab62c5e97c43a22e759c8307f5f16f3688646c2bfe1ee8eee57

1da04c5c6ef2040b1d263e6af5dd5d1515dd00ada65dd09ed3bdab25fa8f3581

f6bd17839a7e2f76496c31d48a2e3e9a992be211368de66fddb8ee6920820326

languages.
Subtitle C--Acquisition Matters

4bfb94924b623599d91af560775436bac1906e63ef66d6f54068d22b383fe2fb

Subtitle D--Congressional Oversight, Plans, and Reports

746aec54fe695c98add2660ef088d7f319d6949e6461439a5d7e1a3051a9bf76

detainees held at United States Naval Station, Guantanamo Bay,
Cuba.

c674825bb3ec88a87793a4a913ca777ac43b95a7d843c061c45a4a618d13e770

1962ecf7caf436695c2dec031e63a29873592ae2fc28b3ce4475cf2f0466cce5

f0cd58f8d06a02ab624910880ddca28f222acb3fd29e12f416296de8bcd9d928

enforcement jurisdiction in foreign nations.

7e24fbae9013c41cf995b106e5540f9643014efa85b90e7484822c1afe90bb5a

8e764c06007fccf0ee38eb6b0829453cce974bed786fb72aa2b16c7475b2a35a

9048cec7c5075d19d4cd0851d1a26e52c1ed8e82950f0ad954f4ac5cc6ba8774

f735ed42f576c4274c713a32f7a2f0ac5a5b93da8fe811c00f7fa9b303498cf4

2f297368eb335b117a8c7f230b7f4908735e508e519517e403a932fd77171d35

disposition of foreign gifts and decorations.

6c2111023f146582e25fa599207561b069894c1a6372daece2cfbbc42efe9e63

ff2b2f5278a99ea39d1f0ac350ecb04d8d302a38c7813f35b850d3ba5f853e9e

710425fefe2b95344daad483b8dd084472d409139e32bf21bb4dda6cd504c44f

foreign intelligence or counterintelligence.

dadc9cc4eaf8b2bbce3b7614f2e9c9a8deed881ce26873d9e529c91393b4d368

readiness.
Subtitle A--Office of the Director of National Intelligence

69131794fa93e6f2725edd977c2527ed47b7fd9e8f07afc0675ec9bc98d50e62

bbf7037b24346a7e00509c2b3411f2b5ff903d60fdf3434843ff40dd86ee5adf

TITLE IV

-MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

9a0c8073a13c6edcad90fd01306cc57fd6078e328f11453cd38d227993956473

0db3b9e58ccba73482224eb55a43633c591b4e85f583452d15d9bade751d1ec9

committees of the Office of the Director of National
Intelligence.

1dfb9a339583885c93109cef7cd6e37f17ea443f32d745ed246d54f79e540697

82621ed71bad53c815ee52fd1a201df7a15ddd3ed6e3d2c5fef39f0065cea678

06290466b5879a4e77b9d5c2a64a4ceb65a3877c62737f8d1eb54b6fedaf5745

56dcc34dcbc832d7bd441f8fcb059c9fcd9eea88a42b2ae4a6de96e4aaf53b17

3340331b8e81d8011e73e2e08107a9fff436acb8a8220b7555c1d03d1d9f45b9

International Traffic in Arms Regulations and Export
Administration Regulations.
Subtitle B--Central Intelligence Agency

67efadf3a5208ac6fff661514d0df2fb4d010e38bcbb3bb7063d0486ffa81380

e43dd0ebe0ada194a2b6b7991330f0b2cf97a4cf31251eb1b2a2ed4ebc7fb9d6

fcf52dbf616b09264973be1a416cc380cb41736bcda2339bb27ddf62954a44d2

28dc68ff1b3e257a8c14f840b0f971b789c900a1935f0acf5c401a200f5adfe7

intelligence products.
Subtitle C--Defense Intelligence Components

a600875be6465963ce2589479c570e74b642e7b79ca16a09b8e94590f9d4b76f

Geospatial-Intelligence Agency for analysis and dissemination
of certain intelligence information.

b7a788e2928f1bf727daa24057e1f1e19f30d17a333a7a5a212b53f1ca01c977

36dc98fd75314846b873c0fa96d5489592af20c3e7d99aaafcf7be75fb4b7baf

ea737a08f5a090036b0c6013a1430787edab7c5685bb68093c63b1a2dcefd506

10a8c955c5ad69b488ff49dc59a1a4aee18e98de7a1c501a06e99eb57f11913e

Investigation to waive mandatory retirement provisions.

02a7e7b9bc8cb331c6bd4e8c5690b1244586c0e4d827a62adc426e637f75f2e0

capabilities of the Federal Bureau of Investigation.
PROGRAM OFFICE

a22760403484e5e7bd8ad702589123b2a140bae33b98b1d4abce99dd68b5357d

2b398a7c6d78be08267888b5d4aa684ad4cfcd11a7563147fa15cb342143650a

TITLE V

-REORGANIZATION OF THE DIPLOMATIC TELECOMMUNICATIONS SERVICE

Research and Development Programs of the United States
Intelligence Community.

dbdb55ab96abeb4594c46e601282a5876603a7e8e75dd1f755ebcc1ddd74562d

TITLE VII

-OTHER MATTERS

possession of the congressional intelligence committees.

ca32abb42fe4496f687efc41d887b001154eebcd8cf7b6fc271ceadd5656724e

97a83b4c5427af013b850200886dc0c44dff71d5d8aefb4492e751deb0539ccf

TITLE VIII

-TECHNICAL AMENDMENTS

6de8026118ea1f43d37efc36fb44cc8d57bdea0944f72249665bf0207f001677

4e35846fda5d97fb0e0cc5def388a7fd6cf4dab55f9436bdac1a8c3582c8ee86

1066c820f05d0489a688658bcd9b69573818ac26f94be07f3acc07a9497d38de

c7ff2e8d807a53c7ef5bd04ee5ec5c2de7bef340e86a6faf625c279cf46e60ec

c503320a63a3a09d9638c79a30acd7d9bab3b6a16fb5285bacd770bc98ea861c

b9073cfdb37a5558f01c23c87f4d66297db8082c0e3af148d03c739ed7ee89e8

In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4)).

b9b1017b4f7d6e513dd346668a754640926ead646f4f58ddfee79314e72ff933

For the purposes of section 504 of the National Security Act of
1947 (50 U.S.C. 414), appropriated funds available to an intelligence
agency may be obligated or expended for an intelligence or
intelligence-related activity as appropriated for fiscal year 2010, as
modified by such reprogramming and transfers of funds authorized by and
reported to the appropriate congressional committees.

283d440da05897376b81f0d190ba922f0f6d232b8b28dbc3bf1c4e650d410b30

TITLE I

-BUDGET AND PERSONNEL AUTHORIZATIONS

The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
that is not otherwise authorized by the Constitution or the laws of the
United States.

434c76cbc5993ef17a9bdf741bf1a7bb78e44bd92d99f3864554864ff766e25e

The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.

03eadceb193ec16cd6f5e1bc7f3135d6f1a75e0440a67f47ffc07de8a7a82a8a

OF THE CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT.
Subparagraph (A) of section 235(b)(1) of the Central Intelligence
Agency Retirement Act (50 U.S.C. 2055(b)(1)) is amended by striking
``receiving compensation under the Senior Intelligence Service pay
schedule at the rate'' and inserting ``who is at the Senior
Intelligence Service rank''.
Subtitle A--Personnel Matters

939b3f296ed11a60cfb023bd2600b84aaeded8e0837082f37cc393f032c4faeb

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.

e4f556ce652d0e6ebb0b7e9b62925ce518b282fb8b8ffd9df804433231b16456

ELEMENTS OF THE INTELLIGENCE COMMUNITY.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 402 et seq.) is amended by inserting after section 113 the
following new section:
``detail of other personnel
``Sec. 113A. Except as provided in section 904(g)(2) of the
Counterintelligence Enhancement Act of 2002 (50 U.S.C. 402c(g)(2)) and
section 113 of this Act, and notwithstanding any other provision of
law, an officer or employee of the United States or member of the Armed
Forces may be detailed to the staff of an element of the intelligence
community funded through the National Intelligence Program from another
element of the intelligence community or from another element of the
United States Government on a reimbursable or nonreimbursable basis, as
jointly agreed to by the head of the receiving element and the head of
the detailing element, for a period not to exceed 2 years.''.
(b) Table of Contents Amendment.--The table of contents in the
first section of such Act is amended by inserting after the item
relating to section 113 the following new item:
``Sec. 113A. Detail of other personnel.''.

586e1ff2b0a2ba6a46f3365954d4f456e0e4fd6a45ac4a616a4a85ac01fb1637

Section 102A of the National Security Act of 1947 (50 U.S.C. 403-1)
is amended by adding at the end the following new subsection:
``(s) Pay Authority for Critical Positions.--(1) Notwithstanding
any pay limitation established under any other provision of law
applicable to employees in elements of the intelligence community, the
Director of National Intelligence may, in coordination with the
Director of the Office of Personnel Management and the Director of the
Office of Management and Budget, grant authority to the head of a
department or agency to fix the rate of basic pay for one or more
positions within the intelligence community at a rate in excess of any
applicable limitation, subject to the provisions of this subsection.
The exercise of authority so granted is at the discretion of the head
of the department or agency employing the individual in a position
covered by such authority, subject to the provisions of this subsection
and any conditions established by the Director of National Intelligence
when granting such authority.
``(2) Authority under this subsection may be granted or exercised
only--
``(A) with respect to a position that requires an extremely
high level of expertise and is critical to successful
accomplishment of an important mission; and
``(B) to the extent necessary to recruit or retain an
individual exceptionally well qualified for the position.
``(3) The head of a department or agency may not fix a rate of
basic pay under this subsection at a rate greater than the rate payable
for level II of the Executive Schedule under section 5313 of title 5,
United States Code, except upon written approval of the Director of
National Intelligence or as otherwise authorized by law.
``(4) The head of a department or agency may not fix a rate of
basic pay under this subsection at a rate greater than the rate payable
for level I of the Executive Schedule under section 5312 of title 5,
United States Code, except upon written approval of the President in
response to a request by the Director of National Intelligence or as
otherwise authorized by law.
``(5) Any grant of authority under this subsection for a position
shall terminate at the discretion of the Director of National
Intelligence.
``(6)(A) The Director of National Intelligence shall notify the
congressional intelligence committees not later than 30 days after the
date on which the Director grants authority to the head of a department
or agency under this subsection.
``(B) The head of a department or agency to which the Director of
National Intelligence grants authority under this subsection shall
notify the congressional intelligence committees and the Director of
the exercise of such authority not later than 30 days after the date on
which such head exercises such authority.''.

acaf08be3ee4262f4d01a5436238e601eec302ce3eef0a5c1c596ad05b1e3e12

INTELLIGENCE SERVICE.
Section 102A of the National Security Act of 1947 (50 U.S.C. 403-
1), as amended by section 303 of this Act, is further amended by adding
at the end the following new subsection:
``(t) Award of Rank to Members of the Senior National Intelligence
Service.--(1) The President, based on the recommendation of the
Director of National Intelligence, may award a rank to a member of the
Senior National Intelligence Service or other intelligence community
senior civilian officer not already covered by such a rank award
program in the same manner in which a career appointee of an agency may
be awarded a rank under section 4507 of title 5, United States Code.
``(2) The President may establish procedures to award a rank under
paragraph (1) to a member of the Senior National Intelligence Service
or a senior civilian officer of the intelligence community whose
identity as such a member or officer is classified information (as
defined in section 606(1)).''.

99948f8722b0376671ce4af395d0e995acd20c2b27283a9f2d49be0ff78cbb1d

COMMUNITY.
(a) Assessment.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.) is amended by inserting after section 506A the
following new section:
``annual personnel level assessments for the intelligence community
``Sec. 506B.  (a) Requirement To Provide.--The Director of National
Intelligence shall, in consultation with the head of each element of
the intelligence community, prepare an annual personnel level
assessment for such element that assesses the personnel levels for such
element for the fiscal year following the fiscal year in which the
assessment is submitted.
``(b) Schedule.--Each assessment required by subsection (a) shall
be submitted to the congressional intelligence committees each year at
the time that the President submits to Congress the budget for a fiscal
year pursuant to section 1105 of title 31, United States Code.
``(c) Contents.--Each assessment required by subsection (a)
submitted during a fiscal year shall contain the following information
for the element of the intelligence community concerned:
``(1) The budget submission for personnel costs for the
upcoming fiscal year.
``(2) The dollar and percentage increase or decrease of such
costs as compared to the personnel costs of the current fiscal
year.
``(3) The dollar and percentage increase or decrease of such
costs as compared to the personnel costs during the prior 5 fiscal
years.
``(4) The number of full-time equivalent positions that is the
basis for which personnel funds are requested for the upcoming
fiscal year.
``(5) The numerical and percentage increase or decrease of the
number referred to in paragraph (4) as compared to the number of
full-time equivalent positions of the current fiscal year.
``(6) The numerical and percentage increase or decrease of the
number referred to in paragraph (4) as compared to the number of
full-time equivalent positions during the prior 5 fiscal years.
``(7) The best estimate of the number and costs of core
contract personnel to be funded by the element for the upcoming
fiscal year.
``(8) The numerical and percentage increase or decrease of such
costs of core contract personnel as compared to the best estimate
of the costs of core contract personnel of the current fiscal year.
``(9) The numerical and percentage increase or decrease of such
number and such costs of core contract personnel as compared to the
number and cost of core contract personnel during the prior 5
fiscal years.
``(10) A justification for the requested personnel and core
contract personnel levels.
``(11) The best estimate of the number of intelligence
collectors and analysts employed or contracted by each element of
the intelligence community.
``(12) A statement by the Director of National Intelligence
that, based on current and projected funding, the element concerned
will have sufficient--
``(A) internal infrastructure to support the requested
personnel and core contract personnel levels;
``(B) training resources to support the requested personnel
levels; and
``(C) funding to support the administrative and operational
activities of the requested personnel levels.''.
(b) Applicability Date.--The first assessment required to be
submitted under section 506B(b) of the National Security Act of 1947,
as added by subsection (a), shall be submitted to the congressional
intelligence committees at the time that the President submits to
Congress the budget for fiscal year 2012 pursuant to section 1105 of
title 31, United States Code.
(c) Table of Contents Amendment.--The table of contents in the
first section of such Act, as amended by section 302 of this Act, is
further amended by inserting after the item relating to section 506A
the following new item:
``Sec. 506B. Annual personnel level assessments for the intelligence
community.''.

ae177cb6d2f6e97f90f13ffb73f95898821f744d1093766b1301af3bfd5d62e4

TRAINING.
Section 102A(e) of the National Security Act of 1947 (50 U.S.C.
403-1(e)) is amended by--
(1) redesignating paragraph (3) as paragraph (4); and
(2) inserting after paragraph (2) the following new paragraph:
``(3)(A) In addition to the number of full-time equivalent
positions authorized for the Office of the Director of National
Intelligence for a fiscal year, there is authorized for such Office for
each fiscal year an additional 100 full-time equivalent positions that
may be used only for the purposes described in subparagraph (B).
``(B) Except as provided in subparagraph (C), the Director of
National Intelligence may use a full-time equivalent position
authorized under subparagraph (A) only for the purpose of providing a
temporary transfer of personnel made in accordance with paragraph (2)
to an element of the intelligence community to enable such element to
increase the total number of personnel authorized for such element, on
a temporary basis--
``(i) during a period in which a permanent employee of such
element is absent to participate in critical language training; or
``(ii) to accept a permanent employee of another element of the
intelligence community to provide language-capable services.
``(C) Paragraph (2)(B) shall not apply with respect to a transfer
of personnel made under subparagraph (B).
``(D) The Director of National Intelligence shall submit to the
congressional intelligence committees an annual report on the use of
authorities under this paragraph. Each such report shall include a
description of--
``(i) the number of transfers of personnel made by the Director
pursuant to subparagraph (B), disaggregated by each element of the
intelligence community;
``(ii) the critical language needs that were fulfilled or
partially fulfilled through the use of such transfers; and
``(iii) the cost to carry out subparagraph (B).''.

0624695c4539eaf909de561ff35b80f0500e8e6c09d8582f719d00e977d124a0

COMMUNITY EMPLOYEES.
Section 102A of the National Security Act of 1947 (50 U.S.C. 403-
1), as amended by section 304 of this Act, is further amended by adding
at the end the following new subsection:
``(u) Conflict of Interest Regulations.--(1) The Director of
National Intelligence, in consultation with the Director of the Office
of Government Ethics, shall issue regulations prohibiting an officer or
employee of an element of the intelligence community from engaging in
outside employment if such employment creates a conflict of interest or
appearance thereof.
``(2) The Director of National Intelligence shall annually submit
to the congressional intelligence committees a report describing all
outside employment for officers and employees of elements of the
intelligence community that was authorized by the head of an element of
the intelligence community during the preceding calendar year. Such
report shall be submitted each year on the date provided in section
507.''.
Subtitle B--Education Programs

e0c8ee7391cc9febc3c54fa5a3a4e46a1cba39b824b7854dc92f5070f807a87e

SCHOLARS PROGRAM.
(a) Permanent Authorization.--Subtitle C of title X of the National
Security Act of 1947 (50 U.S.C. 441m et seq.) is amended by adding at
the end the following new section:
``program on recruitment and training
``Sec. 1022.  (a) Program.--(1) The Director of National
Intelligence shall carry out a program to ensure that selected students
or former students are provided funds to continue academic training, or
are reimbursed for academic training previously obtained, in areas of
specialization that the Director, in consultation with the other heads
of the elements of the intelligence community, identifies as areas in
which the current capabilities of the intelligence community are
deficient or in which future capabilities of the intelligence community
are likely to be deficient.
``(2) A student or former student selected for participation in the
program shall commit to employment with an element of the intelligence
community, following completion of appropriate academic training, under
such terms and conditions as the Director considers appropriate.
``(3) The program shall be known as the Pat Roberts Intelligence
Scholars Program.
``(b) Elements.--In carrying out the program under subsection (a),
the Director shall--
``(1) establish such requirements relating to the academic
training of participants as the Director considers appropriate to
ensure that participants are prepared for employment as
intelligence professionals; and
``(2) periodically review the areas of specialization of the
elements of the intelligence community to determine the areas in
which such elements are, or are likely to be, deficient in
capabilities.
``(c) Use of Funds.--Funds made available for the program under
subsection (a) shall be used--
``(1) to provide a monthly stipend for each month that a
student is pursuing a course of study;
``(2) to pay the full tuition of a student or former student
for the completion of such course of study;
``(3) to pay for books and materials that the student or former
student requires or required to complete such course of study;
``(4) to pay the expenses of the student or former student for
travel requested by an element of the intelligence community in
relation to such program; or
``(5) for such other purposes the Director considers reasonably
appropriate to carry out such program.''.
(b) Conforming Amendments.--
(1) Table of contents amendment.--The table of contents in the
first section of such Act, as amended by section 305 of this Act,
is further amended--
(A) by transferring the item relating to section 1002 so
such item immediately follows the item relating to section
1001; and
(B) by inserting after the item relating to section 1021
the following new item:
``Sec. 1022. Program on recruitment and training.''.
(2) Repeal of pilot program.--
(A) Authority.--Section 318 of the Intelligence
Authorization Act for Fiscal Year 2004 (Public Law 108-177; 50
U.S.C. 441g note) is repealed.
(B) Table of contents amendment.--The table of contents in
section 1 of the Intelligence Authorization Act for Fiscal Year
2004 (Public Law 108-177; 117 Stat. 2599) is amended by
striking the item relating to section 318.

ab3513276e4454fe051c6752b5642139368b61cb0fd6fc2e74992995d7791ee5

PROGRAM.
(a) Expansion of the Louis Stokes Educational Scholarship Program
to Graduate Students.--Section 16 of the National Security Agency Act
of 1959 (50 U.S.C. 402 note) is amended--
(1) in subsection (a)--
(A) by inserting ``and graduate'' after ``undergraduate'';
and
(B) by striking ``the baccalaureate'' and inserting ``a
baccalaureate or graduate'';
(2) in subsection (b), by inserting ``or graduate'' after
``undergraduate'';
(3) in subsection (e)(2), by inserting ``and graduate'' after
``undergraduate''; and
(4) by adding at the end the following new subsection:
``(h) The undergraduate and graduate training program established
under this section shall be known as the Louis Stokes Educational
Scholarship Program.''.
(b) Authority for Participation by Individuals Who Are Not Employed
by the United States Government.--
(1) In general.--Subsection (b) of section 16 of the National
Security Agency Act of 1959 (50 U.S.C. 402 note), as amended by
subsection (a)(2), is further amended by striking ``civilian
employees'' and inserting ``civilians who may or may not be
employees''.
(2) Conforming amendments.--Section 16 of the National Security
Agency Act of 1959 (50 U.S.C. 402 note), as amended by subsection
(a), is further amended--
(A) in subsection (c), by striking ``employees'' and
inserting ``program participants''; and
(B) in subsection (d)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A),
strike ``an employee of the Agency,'' and insert ``a
program participant,'';
(II) in subparagraph (A), by striking ``employee''
and inserting ``program participant'';
(III) in subparagraph (C)--
(aa) by striking ``employee'' each place that
term appears and inserting ``program participant'';
and
(bb) by striking ``employee's'' each place that
term appears and inserting ``program
participant's''; and
(IV) in subparagraph (D)--
(aa) by striking ``employee'' each place that
term appears and inserting ``program participant'';
and
(bb) by striking ``employee's'' each place that
term appears and inserting ``program
participant's''; and
(ii) in paragraph (3)(C)--
(I) by striking ``employee'' both places that term
appears and inserting ``program participant''; and
(II) by striking ``employee's'' and inserting
``program participant's''.
(c) Termination of Program Participants.--Subsection (d)(1)(C) of
section 16 of the National Security Agency Act of 1959 (50 U.S.C. 402
note), as amended by subsection (b)(2)(B)(i)(III), is further amended
by striking ``terminated'' and all that follows and inserting
``terminated--
``(i) by the Agency due to misconduct by the program
participant;
``(ii) by the program participant voluntarily; or
``(iii) by the Agency for the failure of the program
participant to maintain such level of academic standing in the
educational course of training as the Director of the National
Security Agency shall have specified in the agreement of the
program participant under this subsection; and''.
(d) Authority To Withhold Disclosure of Affiliation With NSA.--
Subsection (e) of Section 16 of the National Security Agency Act of
1959 (50 U.S.C. 402 note) is amended by striking ``(1) When an
employee'' and all that follows through ``(2) Agency efforts'' and
inserting ``Agency efforts''.
(e) Authority of Elements of the Intelligence Community To
Establish a Stokes Educational Scholarship Program.--
(1) Authority.--Subtitle C of title X of the National Security
Act of 1947 (50 U.S.C. 441m et seq.), as amended by section 311 of
this Act, is further amended by adding at the end the following new
section:
``educational scholarship program
``Sec. 1023. The head of a department or agency containing an
element of the intelligence community may establish an undergraduate or
graduate training program with respect to civilian employees and
prospective civilian employees of such element similar in purpose,
conditions, content, and administration to the program that the
Secretary of Defense is authorized to establish under section 16 of the
National Security Agency Act of 1959 (50 U.S.C. 402 note).''.
(2) Table of contents amendment.--The table of contents in the
first section of the National Security Act of 1947, as amended by
section 311 of this Act, is further amended by inserting after the
item relating to section 1022, as added by such section 311, the
following new item:
``Sec. 1023. Educational scholarship program.''.

aab0f468bad2ae3b6fba75abbea293a5122d867a9c392bf11524adcc7100e383

(a) Program.--Subtitle C of title X of the National Security Act of
1947 (50 U.S.C. 441m et seq.), as amended by section 312(e) of this
Act, is further amended by adding at the end the following new section:
``intelligence officer training program
``Sec. 1024.  (a) Programs.--(1) The Director of National
Intelligence may carry out grant programs in accordance with subsection
(b) to enhance the recruitment and retention of an ethnically and
culturally diverse intelligence community workforce with capabilities
critical to the national security interests of the United States.
``(2) In carrying out paragraph (1), the Director shall identify
the skills necessary to meet current or emergent needs of the
intelligence community and the educational disciplines that will
provide individuals with such skills.
``(b) Institutional Grant Program.--(1) The Director may provide
grants to institutions of higher education to support the establishment
or continued development of programs of study in educational
disciplines identified under subsection (a)(2).
``(2) A grant provided under paragraph (1) may, with respect to the
educational disciplines identified under subsection (a)(2), be used for
the following purposes:
``(A) Curriculum or program development.
``(B) Faculty development.
``(C) Laboratory equipment or improvements.
``(D) Faculty research.
``(c) Application.--An institution of higher education seeking a
grant under this section shall submit an application describing the
proposed use of the grant at such time and in such manner as the
Director may require.
``(d) Reports.--An institution of higher education that receives a
grant under this section shall submit to the Director regular reports
regarding the use of such grant, including--
``(1) a description of the benefits to students who participate
in the course of study funded by such grant;
``(2) a description of the results and accomplishments related
to such course of study; and
``(3) any other information that the Director may require.
``(e) Regulations.--The Director shall prescribe such regulations
as may be necessary to carry out this section.
``(f) Definitions.--In this section:
``(1) The term `Director' means the Director of National
Intelligence.
``(2) The term `institution of higher education' has the
meaning given the term in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001).''.
(b) Repeal of Duplicative Provisions.--
(1) In general.--The following provisions of law are repealed:
(A) Subsections (b) through (g) of section 319 of the
Intelligence Authorization Act for Fiscal Year 2004 (Public Law
108-177; 50 U.S.C. 403 note).
(B) Section 1003 of the National Security Act of 1947 (50
U.S.C. 441g-2).
(C) Section 922 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 50
U.S.C. 402 note).
(2) Existing agreements.--Notwithstanding the repeals made by
paragraph (1), nothing in this subsection shall be construed to
amend, modify, or abrogate any agreement, contract, or employment
relationship that was in effect in relation to the provisions
repealed under paragraph (1) on the day prior to the date of the
enactment of this Act.
(3) Technical amendment.--Section 319 of the Intelligence
Authorization Act for Fiscal Year 2004 (Public Law 108-177; 50
U.S.C. 403 note) is amended by striking ``(a) Findings.--''.
(c) Table of Contents Amendment.--The table of contents in the
first section of the National Security Act of 1947, as amended by
section 312 of this Act, is further amended by striking the item
relating to section 1003 and inserting the following new item:
``Sec. 1024. Intelligence officer training program.''.

cf88020a2de4ccd0e4fdf8888b5b8b2bdf8c81c55eea53604acf367c06fce635

AFRICAN LANGUAGES.
(a) Establishment.--The Director of National Intelligence, in
consultation with the National Security Education Board established
under section 803(a) of the David L. Boren National Security Education
Act of 1991 (50 U.S.C. 1903(a)), may establish a pilot program for
intensive language instruction in African languages.
(b) Program.--A pilot program established under subsection (a)
shall provide scholarships for programs that provide intensive language
instruction--
(1) in any of the five highest priority African languages for
which scholarships are not offered under the David L. Boren
National Security Education Act of 1991 (50 U.S.C. 1901 et seq.),
as determined by the Director of National Intelligence; and
(2) both in the United States and in a country in which the
language is the native language of a significant portion of the
population, as determined by the Director of National Intelligence.
(c) Termination.--A pilot program established under subsection (a)
shall terminate on the date that is five years after the date on which
such pilot program is established.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $2,000,000.
(2) Availability.--Funds authorized to be appropriated under
paragraph (1) shall remain available until the termination of the
pilot program in accordance with subsection (c).
Subtitle C--Acquisition Matters

9381236874eafe476dc508a01b07d2c8fe43ffbd936b2e1ff8e8762bf3d65c48

(a) Vulnerability Assessments of Major Systems.--
(1) In general.--Title V of the National Security Act of 1947
(50 U.S.C. 413 et seq.), as amended by section 305 of this Act, is
further amended by inserting after section 506B, as added by
section 305(a), the following new section:
``vulnerability assessments of major systems
``Sec. 506C.  (a) Initial Vulnerability Assessments.--(1)(A) Except
as provided in subparagraph (B), the Director of National Intelligence
shall conduct and submit to the congressional intelligence committees
an initial vulnerability assessment for each major system and its
significant items of supply--
``(i) except as provided in clause (ii), prior to the
completion of Milestone B or an equivalent acquisition decision for
the major system; or
``(ii) prior to the date that is 1 year after the date of the
enactment of the Intelligence Authorization Act for Fiscal Year
2010 in the case of a major system for which Milestone B or an
equivalent acquisition decision--
``(I) was completed prior to such date of enactment; or
``(II) is completed on a date during the 180-day period
following such date of enactment.
``(B) The Director may submit to the congressional intelligence
committees an initial vulnerability assessment required by clause (ii)
of subparagraph (A) not later than 180 days after the date such
assessment is required to be submitted under such clause if the
Director notifies the congressional intelligence committees of the
extension of the submission date under this subparagraph and provides a
justification for such extension.
``(C) The initial vulnerability assessment of a major system and
its significant items of supply shall include use of an analysis-based
approach to--
``(i) identify vulnerabilities;
``(ii) define exploitation potential;
``(iii) examine the system's potential effectiveness;
``(iv) determine overall vulnerability; and
``(v) make recommendations for risk reduction.
``(2) If an initial vulnerability assessment for a major system is
not submitted to the congressional intelligence committees as required
by paragraph (1), funds appropriated for the acquisition of the major
system may not be obligated for a major contract related to the major
system. Such prohibition on the obligation of funds for the acquisition
of the major system shall cease to apply on the date on which the
congressional intelligence committees receive the initial vulnerability
assessment.
``(b) Subsequent Vulnerability Assessments.--(1) The Director of
National Intelligence shall, periodically throughout the procurement of
a major system or if the Director determines that a change in
circumstances warrants the issuance of a subsequent vulnerability
assessment, conduct a subsequent vulnerability assessment of each major
system and its significant items of supply within the National
Intelligence Program.
``(2) Upon the request of a congressional intelligence committee,
the Director of National Intelligence may, if appropriate, recertify
the previous vulnerability assessment or may conduct a subsequent
vulnerability assessment of a particular major system and its
significant items of supply within the National Intelligence Program.
``(3) Any subsequent vulnerability assessment of a major system and
its significant items of supply shall include use of an analysis-based
approach and, if applicable, a testing-based approach, to monitor the
exploitation potential of such system and reexamine the factors
described in clauses (i) through (v) of subsection (a)(1)(C).
``(c) Major System Management.--The Director of National
Intelligence shall give due consideration to the vulnerability
assessments prepared for a given major system when developing and
determining the National Intelligence Program budget.
``(d) Congressional Oversight.--(1) The Director of National
Intelligence shall provide to the congressional intelligence committees
a copy of each vulnerability assessment conducted under subsection (a)
or (b) not later than 10 days after the date of the completion of such
assessment.
``(2) The Director of National Intelligence shall provide the
congressional intelligence committees with a proposed schedule for
subsequent periodic vulnerability assessments of a major system under
subsection (b)(1) when providing such committees with the initial
vulnerability assessment under subsection (a) of such system as
required by paragraph (1).
``(e) Definitions.--In this section:
``(1) The term `item of supply' has the meaning given that term
in section 4(10) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(10)).
``(2) The term `major contract' means each of the 6 largest
prime, associate, or Government-furnished equipment contracts under
a major system that is in excess of $40,000,000 and that is not a
firm, fixed price contract.
``(3) The term `major system' has the meaning given that term
in section 506A(e).
``(4) The term `Milestone B' means a decision to enter into
major system development and demonstration pursuant to guidance
prescribed by the Director of National Intelligence.
``(5) The term `vulnerability assessment' means the process of
identifying and quantifying vulnerabilities in a major system and
its significant items of supply.''.
(2) Table of contents amendment.--The table of contents in the
first section of the National Security Act of 1947, as amended by
section 313 of this Act, is further amended by inserting after the
item relating to section 506B, as added by section 305(c) of this
Act, the following new item:
``Sec. 506C. Vulnerability assessments of major systems.''.
(b) Definition of Major System.--Paragraph (3) of section 506A(e)
of the National Security Act of 1947 (50 U.S.C. 415a-1(e)) is amended
by striking ``(in current fiscal year dollars)'' and inserting ``(based
on fiscal year 2010 constant dollars)''.

e24d207d8513b9a796d76254bc3d736ebed10a925e9f5164860b9edb6bfc6717

(a) Intelligence Community Business System Transformation.--
(1) In general.--Title V of the National Security Act of 1947
(50 U.S.C. 413 et seq.), as amended by section 321 of this Act, is
further amended by inserting after section 506C, as added by
section 321(a), the following new section:
``intelligence community business system transformation
``Sec. 506D.  (a) Limitation on Obligation of Funds.--(1) Subject
to paragraph (3), no funds appropriated to any element of the
intelligence community may be obligated for an intelligence community
business system transformation that will have a total cost in excess of
$3,000,000 unless--
``(A) the Director of the Office of Business Transformation of
the Office of the Director of National Intelligence makes a
certification described in paragraph (2) with respect to such
intelligence community business system transformation; and
``(B) such certification is approved by the board established
under subsection (f).
``(2) The certification described in this paragraph for an
intelligence community business system transformation is a
certification made by the Director of the Office of Business
Transformation of the Office of the Director of National Intelligence
that the intelligence community business system transformation--
``(A) complies with the enterprise architecture under
subsection (b) and such other policies and standards that the
Director of National Intelligence considers appropriate; or
``(B) is necessary--
``(i) to achieve a critical national security capability or
address a critical requirement; or
``(ii) to prevent a significant adverse effect on a project
that is needed to achieve an essential capability, taking into
consideration any alternative solutions for preventing such
adverse effect.
``(3) With respect to a fiscal year after fiscal year 2010, the
amount referred to in paragraph (1) in the matter preceding
subparagraph (A) shall be equal to the sum of--
``(A) the amount in effect under such paragraph (1) for the
preceding fiscal year (determined after application of this
paragraph), plus
``(B) such amount multiplied by the annual percentage increase
in the consumer price index (all items; U.S. city average) as of
September of the previous fiscal year.
``(b) Enterprise Architecture for Intelligence Community Business
Systems.--(1) The Director of National Intelligence shall, acting
through the board established under subsection (f), develop and
implement an enterprise architecture to cover all intelligence
community business systems, and the functions and activities supported
by such business systems. The enterprise architecture shall be
sufficiently defined to effectively guide, constrain, and permit
implementation of interoperable intelligence community business system
solutions, consistent with applicable policies and procedures
established by the Director of the Office of Management and Budget.
``(2) The enterprise architecture under paragraph (1) shall include
the following:
``(A) An information infrastructure that will enable the
intelligence community to--
``(i) comply with all Federal accounting, financial
management, and reporting requirements;
``(ii) routinely produce timely, accurate, and reliable
financial information for management purposes;
``(iii) integrate budget, accounting, and program
information and systems; and
``(iv) provide for the measurement of performance,
including the ability to produce timely, relevant, and reliable
cost information.
``(B) Policies, procedures, data standards, and system
interface requirements that apply uniformly throughout the
intelligence community.
``(c) Responsibilities for Intelligence Community Business System
Transformation.--The Director of National Intelligence shall be
responsible for the entire life cycle of an intelligence community
business system transformation, including review, approval, and
oversight of the planning, design, acquisition, deployment, operation,
and maintenance of the business system transformation.
``(d) Intelligence Community Business System Investment Review.--
(1) The Director of the Office of Business Transformation of the Office
of the Director of National Intelligence shall establish and implement,
not later than 60 days after the enactment of the Intelligence
Authorization Act for Fiscal Year 2010, an investment review process
for the intelligence community business systems for which the Director
of the Office of Business Transformation is responsible.
``(2) The investment review process under paragraph (1) shall--
``(A) meet the requirements of section 11312 of title 40,
United States Code; and
``(B) specifically set forth the responsibilities of the
Director of the Office of Business Transformation under such review
process.
``(3) The investment review process under paragraph (1) shall
include the following elements:
``(A) Review and approval by an investment review board
(consisting of appropriate representatives of the intelligence
community) of each intelligence community business system as an
investment before the obligation of funds for such system.
``(B) Periodic review, but not less often than annually, of
every intelligence community business system investment.
``(C) Thresholds for levels of review to ensure appropriate
review of intelligence community business system investments
depending on the scope, complexity, and cost of the system
involved.
``(D) Procedures for making certifications in accordance with
the requirements of subsection (a)(2).
``(e) Budget Information.--For each fiscal year after fiscal year
2011, the Director of National Intelligence shall include in the
materials the Director submits to Congress in support of the budget for
such fiscal year that is submitted to Congress under section 1105 of
title 31, United States Code, the following information:
``(1) An identification of each intelligence community business
system for which funding is proposed in such budget.
``(2) An identification of all funds, by appropriation,
proposed in such budget for each such system, including--
``(A) funds for current services to operate and maintain
such system;
``(B) funds for business systems modernization identified
for each specific appropriation; and
``(C) funds for associated business process improvement or
reengineering efforts.
``(3) The certification, if any, made under subsection (a)(2)
with respect to each such system.
``(f) Intelligence Community Business System Transformation
Governance Board.--(1) The Director of National Intelligence shall
establish a board within the intelligence community business system
transformation governance structure (in this subsection referred to as
the `Board').
``(2) The Board shall--
``(A) recommend to the Director policies and procedures
necessary to effectively integrate all business activities and any
transformation, reform, reorganization, or process improvement
initiatives undertaken within the intelligence community;
``(B) review and approve any major update of--
``(i) the enterprise architecture developed under
subsection (b); and
``(ii) any plans for an intelligence community business
systems modernization;
``(C) manage cross-domain integration consistent with such
enterprise architecture;
``(D) coordinate initiatives for intelligence community
business system transformation to maximize benefits and minimize
costs for the intelligence community, and periodically report to
the Director on the status of efforts to carry out an intelligence
community business system transformation;
``(E) ensure that funds are obligated for intelligence
community business system transformation in a manner consistent
with subsection (a); and
``(F) carry out such other duties as the Director shall
specify.
``(g) Relation to Annual Registration Requirements.--Nothing in
this section shall be construed to alter the requirements of section
8083 of the Department of Defense Appropriations Act, 2005 (Public Law
108-287; 118 Stat. 989), with regard to information technology systems
(as defined in subsection (d) of such section).
``(h) Relationship to Defense Business Enterprise Architecture.--
Nothing in this section shall be construed to exempt funds authorized
to be appropriated to the Department of Defense from the requirements
of section 2222 of title 10, United States Code, to the extent that
such requirements are otherwise applicable.
``(i) Relation to Clinger-Cohen Act.--(1) Executive agency
responsibilities in chapter 113 of title 40, United States Code, for
any intelligence community business system transformation shall be
exercised jointly by--
``(A) the Director of National Intelligence and the Chief
Information Officer of the Intelligence Community; and
``(B) the head of the executive agency that contains the
element of the intelligence community involved and the chief
information officer of that executive agency.
``(2) The Director of National Intelligence and the head of the
executive agency referred to in paragraph (1)(B) shall enter into a
Memorandum of Understanding to carry out the requirements of this
section in a manner that best meets the needs of the intelligence
community and the executive agency.
``(j) Reports.--Not later than March 31 of each of the years 2011
through 2015, the Director of National Intelligence shall submit to the
congressional intelligence committees a report on the compliance of the
intelligence community with the requirements of this section. Each such
report shall--
``(1) describe actions taken and proposed for meeting the
requirements of subsection (a), including--
``(A) specific milestones and actual performance against
specified performance measures, and any revision of such
milestones and performance measures; and
``(B) specific actions on the intelligence community
business system transformations submitted for certification
under such subsection;
``(2) identify the number of intelligence community business
system transformations that received a certification described in
subsection (a)(2); and
``(3) describe specific improvements in business operations and
cost savings resulting from successful intelligence community
business systems transformation efforts.
``(k) Definitions.--In this section:
``(1) The term `enterprise architecture' has the meaning given
that term in section 3601(4) of title 44, United States Code.
``(2) The terms `information system' and `information
technology' have the meanings given those terms in section 11101 of
title 40, United States Code.
``(3) The term `intelligence community business system' means
an information system, including a national security system, that
is operated by, for, or on behalf of an element of the intelligence
community, including a financial system, mixed system, financial
data feeder system, and the business infrastructure capabilities
shared by the systems of the business enterprise architecture,
including people, process, and technology, that build upon the core
infrastructure used to support business activities, such as
acquisition, financial management, logistics, strategic planning
and budgeting, installations and environment, and human resource
management.
``(4) The term `intelligence community business system
transformation' means--
``(A) the acquisition or development of a new intelligence
community business system; or
``(B) any significant modification or enhancement of an
existing intelligence community business system (other than
necessary to maintain current services).
``(5) The term `national security system' has the meaning given
that term in section 3542 of title 44, United States Code.
``(6) The term `Office of Business Transformation of the Office
of the Director of National Intelligence' includes any successor
office that assumes the functions of the Office of Business
Transformation of the Office of the Director of National
Intelligence as carried out by the Office of Business
Transformation on the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2010.''.
(2) Table of contents amendment.--The table of contents in the
first section of that Act, as amended by section 321 of this Act,
is further amended by inserting after the item relating to section
506C, as added by section 321(a)(2), the following new item:
``Sec. 506D. Intelligence community business system transformation.''.
(b) Implementation.--
(1) Certain duties.--Not later than 60 days after the date of
the enactment of this Act, the Director of National Intelligence
shall designate a chair and other members to serve on the board
established under subsection (f) of such section 506D of the
National Security Act of 1947 (as added by subsection (a)).
(2) Enterprise architecture.--
(A) Schedule for development.--The Director shall develop
the enterprise architecture required by subsection (b) of such
section 506D (as so added), including the initial Business
Enterprise Architecture for business transformation, not later
than 60 days after the enactment of this Act.
(B) Requirement for implementation plan.--In developing
such an enterprise architecture, the Director shall develop an
implementation plan for such enterprise architecture that
includes the following:
(i) An acquisition strategy for new systems that are
expected to be needed to complete such enterprise
architecture, including specific time-phased milestones,
performance metrics, and a statement of the financial and
nonfinancial resource needs.
(ii) An identification of the intelligence community
business systems in operation or planned as of the date
that is 60 days after the enactment of this Act that will
not be a part of such enterprise architecture, together
with the schedule for the phased termination of the
utilization of any such systems.
(iii) An identification of the intelligence community
business systems in operation or planned as of such date,
that will be a part of such enterprise architecture,
together with a strategy for modifying such systems to
ensure that such systems comply with such enterprise
architecture.
(C) Submission of acquisition strategy.--Based on the
results of an enterprise process management review and the
availability of funds, the Director shall submit the
acquisition strategy described in subparagraph (B)(i) to the
congressional intelligence committees not later than March 31,
2011.

f0ed13697f873389a8c26b704ba3fc17fbd81cf18def6a33021837f650487b60

(a) Reports.--
(1) In general.--Title V of the National Security Act of 1947
(50 U.S.C. 413 et seq.), as amended by section 322 of this Act, is
further amended by inserting after section 506D, as added by
section 322(a)(1), the following new section:
``reports on the acquisition of major systems
``Sec. 506E.  (a) Definitions.--In this section:
``(1) The term `cost estimate'--
``(A) means an assessment and quantification of all costs
and risks associated with the acquisition of a major system
based upon reasonably available information at the time the
Director establishes the 2010 adjusted total acquisition cost
for such system pursuant to subsection (h) or restructures such
system pursuant to section 506F(c); and
``(B) does not mean an `independent cost estimate'.
``(2) The term `critical cost growth threshold' means a
percentage increase in the total acquisition cost for a major
system of at least 25 percent over the total acquisition cost for
the major system as shown in the current Baseline Estimate for the
major system.
``(3)(A) The term `current Baseline Estimate' means the
projected total acquisition cost of a major system that is--
``(i) approved by the Director, or a designee of the
Director, at Milestone B or an equivalent acquisition decision
for the development, procurement, and construction of such
system;
``(ii) approved by the Director at the time such system is
restructured pursuant to section 506F(c); or
``(iii) the 2010 adjusted total acquisition cost determined
pursuant to subsection (h).
``(B) A current Baseline Estimate may be in the form of an
independent cost estimate.
``(4) Except as otherwise specifically provided, the term
`Director' means the Director of National Intelligence.
``(5) The term `independent cost estimate' has the meaning
given that term in section 506A(e).
``(6) The term `major contract' means each of the 6 largest
prime, associate, or Government-furnished equipment contracts under
a major system that is in excess of $40,000,000 and that is not a
firm, fixed price contract.
``(7) The term `major system' has the meaning given that term
in section 506A(e).
``(8) The term `Milestone B' means a decision to enter into
major system development and demonstration pursuant to guidance
prescribed by the Director.
``(9) The term `program manager' means--
``(A) the head of the element of the intelligence community
that is responsible for the budget, cost, schedule, and
performance of a major system; or
``(B) in the case of a major system within the Office of
the Director of National Intelligence, the deputy who is
responsible for the budget, cost, schedule, and performance of
the major system.
``(10) The term `significant cost growth threshold' means the
percentage increase in the total acquisition cost for a major
system of at least 15 percent over the total acquisition cost for
such system as shown in the current Baseline Estimate for such
system.
``(11) The term `total acquisition cost' means the amount equal
to the total cost for development and procurement of, and system-
specific construction for, a major system.
``(b) Major System Cost Reports.--(1) The program manager for a
major system shall, on a quarterly basis, submit to the Director a
major system cost report as described in paragraph (2).
``(2) A major system cost report shall include the following
information (as of the last day of the quarter for which the report is
made):
``(A) The total acquisition cost for the major system.
``(B) Any cost variance or schedule variance in a major
contract for the major system since the contract was entered into.
``(C) Any changes from a major system schedule milestones or
performances that are known, expected, or anticipated by the
program manager.
``(D) Any significant changes in the total acquisition cost for
development and procurement of any software component of the major
system, schedule milestones for such software component of the
major system, or expected performance of such software component of
the major system that are known, expected, or anticipated by the
program manager.
``(3) Each major system cost report required by paragraph (1) shall
be submitted not more than 30 days after the end of the reporting
quarter.
``(c) Reports for Breach of Significant or Critical Cost Growth
Thresholds.--If the program manager of a major system for which a
report has previously been submitted under subsection (b) determines at
any time during a quarter that there is reasonable cause to believe
that the total acquisition cost for the major system has increased by a
percentage equal to or greater than the significant cost growth
threshold or critical cost growth threshold and if a report indicating
an increase of such percentage or more has not previously been
submitted to the Director, then the program manager shall immediately
submit to the Director a major system cost report containing the
information, determined as of the date of the report, required under
subsection (b).
``(d) Notification to Congress of Cost Growth.--(1) Whenever a
major system cost report is submitted to the Director, the Director
shall determine whether the current acquisition cost for the major
system has increased by a percentage equal to or greater than the
significant cost growth threshold or the critical cost growth
threshold.
``(2) If the Director determines that the current total acquisition
cost has increased by a percentage equal to or greater than the
significant cost growth threshold or critical cost growth threshold,
the Director shall submit to Congress a Major System Congressional
Report pursuant to subsection (e).
``(e) Requirement for Major System Congressional Report.--(1)
Whenever the Director determines under subsection (d) that the total
acquisition cost of a major system has increased by a percentage equal
to or greater than the significant cost growth threshold for the major
system, a Major System Congressional Report shall be submitted to
Congress not later than 45 days after the date on which the Director
receives the major system cost report for such major system.
``(2) If the total acquisition cost of a major system (as
determined by the Director under subsection (d)) increases by a
percentage equal to or greater than the critical cost growth threshold
for the program or subprogram, the Director shall take actions
consistent with the requirements of section 506F.
``(f) Major System Congressional Report Elements.--(1) Except as
provided in paragraph (2), each Major System Congressional Report shall
include the following:
``(A) The name of the major system.
``(B) The date of the preparation of the report.
``(C) The program phase of the major system as of the date of
the preparation of the report.
``(D) The estimate of the total acquisition cost for the major
system expressed in constant base-year dollars and in current
dollars.
``(E) The current Baseline Estimate for the major system in
constant base-year dollars and in current dollars.
``(F) A statement of the reasons for any increase in total
acquisition cost for the major system.
``(G) The completion status of the major system--
``(i) expressed as the percentage that the number of years
for which funds have been appropriated for the major system is
of the number of years for which it is planned that funds will
be appropriated for the major system; and
``(ii) expressed as the percentage that the amount of funds
that have been appropriated for the major system is of the
total amount of funds which it is planned will be appropriated
for the major system.
``(H) The fiscal year in which the major system was first
authorized and in which funds for such system were first
appropriated by Congress.
``(I) The current change and the total change, in dollars and
expressed as a percentage, in the total acquisition cost for the
major system, stated both in constant base-year dollars and in
current dollars.
``(J) The quantity of end items to be acquired under the major
system and the current change and total change, if any, in that
quantity.
``(K) The identities of the officers responsible for management
and cost control of the major system.
``(L) The action taken and proposed to be taken to control
future cost growth of the major system.
``(M) Any changes made in the performance or schedule
milestones of the major system and the extent to which such changes
have contributed to the increase in total acquisition cost for the
major system.
``(N) The following contract performance assessment information
with respect to each major contract under the major system:
``(i) The name of the contractor.
``(ii) The phase that the contract is in at the time of the
preparation of the report.
``(iii) The percentage of work under the contract that has
been completed.
``(iv) Any current change and the total change, in dollars
and expressed as a percentage, in the contract cost.
``(v) The percentage by which the contract is currently
ahead of or behind schedule.
``(vi) A narrative providing a summary explanation of the
most significant occurrences, including cost and schedule
variances under major contracts of the major system,
contributing to the changes identified and a discussion of the
effect these occurrences will have on the future costs and
schedule of the major system.
``(O) In any case in which one or more problems with a software
component of the major system significantly contributed to the
increase in costs of the major system, the action taken and
proposed to be taken to solve such problems.
``(2) A Major System Congressional Report prepared for a major
system for which the increase in the total acquisition cost is due to
termination or cancellation of the entire major system shall include
only--
``(A) the information described in subparagraphs (A) through
(F) of paragraph (1); and
``(B) the total percentage change in total acquisition cost for
such system.
``(g) Prohibition on Obligation of Funds.--If a determination of an
increase by a percentage equal to or greater than the significant cost
growth threshold is made by the Director under subsection (d) and a
Major System Congressional Report containing the information described
in subsection (f) is not submitted to Congress under subsection (e)(1),
or if a determination of an increase by a percentage equal to or
greater than the critical cost growth threshold is made by the Director
under subsection (d) and the Major System Congressional Report
containing the information described in subsection (f) and section
506F(b)(3) and the certification required by section 506F(b)(2) are not
submitted to Congress under subsection (e)(2), funds appropriated for
construction, research, development, test, evaluation, and procurement
may not be obligated for a major contract under the major system. The
prohibition on the obligation of funds for a major system shall cease
to apply at the end of the 45-day period that begins on the date--
``(1) on which Congress receives the Major System Congressional
Report under subsection (e)(1) with respect to that major system,
in the case of a determination of an increase by a percentage equal
to or greater than the significant cost growth threshold (as
determined in subsection (d)); or
``(2) on which Congress receives both the Major System
Congressional Report under subsection (e)(2) and the certification
of the Director under section 506F(b)(2) with respect to that major
system, in the case of an increase by a percentage equal to or
greater than the critical cost growth threshold (as determined
under subsection (d)).
``(h) Treatment of Cost Increases Prior to Enactment of
Intelligence Authorization Act for Fiscal Year 2010.--(1) Not later
than 180 days after the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2010, the Director--
``(A) shall, for each major system, determine if the total
acquisition cost of such major system increased by a percentage
equal to or greater than the significant cost growth threshold or
the critical cost growth threshold prior to such date of enactment;
``(B) shall establish for each major system for which the total
acquisition cost has increased by a percentage equal to or greater
than the significant cost growth threshold or the critical cost
growth threshold prior to such date of enactment a revised current
Baseline Estimate based upon an updated cost estimate;
``(C) may, for a major system not described in subparagraph
(B), establish a revised current Baseline Estimate based upon an
updated cost estimate; and
``(D) shall submit to Congress a report describing--
``(i) each determination made under subparagraph (A);
``(ii) each revised current Baseline Estimate established
for a major system under subparagraph (B); and
``(iii) each revised current Baseline Estimate established
for a major system under subparagraph (C), including the
percentage increase of the total acquisition cost of such major
system that occurred prior to the date of the enactment of such
Act.
``(2) The revised current Baseline Estimate established for a major
system under subparagraph (B) or (C) of paragraph (1) shall be the 2010
adjusted total acquisition cost for the major system and may include
the estimated cost of conducting any vulnerability assessments for such
major system required under section 506C.
``(i) Requirements To Use Base Year Dollars.--Any determination of
a percentage increase under this section shall be stated in terms of
constant base year dollars.
``(j) Form of Report.--Any report required to be submitted under
this section may be submitted in a classified form.''.
(2) Applicability date of quarterly reports.--The first report
required to be submitted under subsection (b) of section 506E of
the National security Act of 1947, as added by paragraph (1) of
this subsection, shall be submitted with respect to the first
fiscal quarter that begins on a date that is not less than 180 days
after the date of the enactment of this Act.
(3) Table of contents amendment.--The table of contents in the
first section of that Act, as amended by section 322 of this Act,
is further amended by inserting after the item relating to section
506D, as added by section 322(a)(2), the following new item:
``Sec. 506E. Reports on the acquisition of major systems.''.
(b) Major Defense Acquisition Programs.--Nothing in this section,
section 324, or an amendment made by this section or section 324, shall
be construed to exempt an acquisition program of the Department of
Defense from the requirements of chapter 144 of title 10, United States
Code or Department of Defense Directive 5000, to the extent that such
requirements are otherwise applicable.

f9b9073a1f47393f9e9108c58a0549f76eb62521e4e3458a39f95dfe730bba9b

(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.), as amended by section 323 of this Act, is further
amended by inserting after section 506E, as added by section 323(a),
the following new section:
``critical cost growth in major systems
``Sec. 506F.  (a) Reassessment of Major System.--If the Director of
National Intelligence determines under section 506E(d) that the total
acquisition cost of a major system has increased by a percentage equal
to or greater than the critical cost growth threshold for the major
system, the Director shall--
``(1) determine the root cause or causes of the critical cost
growth, in accordance with applicable statutory requirements,
policies, procedures, and guidance; and
``(2) carry out an assessment of--
``(A) the projected cost of completing the major system if
current requirements are not modified;
``(B) the projected cost of completing the major system
based on reasonable modification of such requirements;
``(C) the rough order of magnitude of the costs of any
reasonable alternative system or capability; and
``(D) the need to reduce funding for other systems due to
the growth in cost of the major system.
``(b) Presumption of Termination.--(1) After conducting the
reassessment required by subsection (a) with respect to a major system,
the Director shall terminate the major system unless the Director
submits to Congress a Major System Congressional Report containing a
certification in accordance with paragraph (2) and the information
described in paragraph (3). The Director shall submit such Major System
Congressional Report and certification not later than 90 days after the
date the Director receives the relevant major system cost report under
subsection (b) or (c) of section 506E.
``(2) A certification described by this paragraph with respect to a
major system is a written certification that--
``(A) the continuation of the major system is essential to the
national security;
``(B) there are no alternatives to the major system that will
provide acceptable capability to meet the intelligence requirement
at less cost;
``(C) the new estimates of the total acquisition cost have been
determined by the Director to be reasonable;
``(D) the major system is a higher priority than other systems
whose funding must be reduced to accommodate the growth in cost of
the major system; and
``(E) the management structure for the major system is adequate
to manage and control the total acquisition cost.
``(3) A Major System Congressional Report accompanying a written
certification under paragraph (2) shall include, in addition to the
requirements of section 506E(e), the root cause analysis and assessment
carried out pursuant to subsection (a), the basis for each
determination made in accordance with subparagraphs (A) through (E) of
paragraph (2), and a description of all funding changes made as a
result of the growth in the cost of the major system, including
reductions made in funding for other systems to accommodate such cost
growth, together with supporting documentation.
``(c) Actions if Major System Not Terminated.--If the Director
elects not to terminate a major system pursuant to subsection (b), the
Director shall--
``(1) restructure the major system in a manner that addresses
the root cause or causes of the critical cost growth, as identified
pursuant to subsection (a), and ensures that the system has an
appropriate management structure as set forth in the certification
submitted pursuant to subsection (b)(2)(E);
``(2) rescind the most recent Milestone approval for the major
system;
``(3) require a new Milestone approval for the major system
before taking any action to enter a new contract, exercise an
option under an existing contract, or otherwise extend the scope of
an existing contract under the system, except to the extent
determined necessary by the Milestone Decision Authority, on a
nondelegable basis, to ensure that the system may be restructured
as intended by the Director without unnecessarily wasting
resources;
``(4) establish a revised current Baseline Estimate for the
major system based upon an updated cost estimate; and
``(5) conduct regular reviews of the major system.
``(d) Actions if Major System Terminated.--If a major system is
terminated pursuant to subsection (b), the Director shall submit to
Congress a written report setting forth--
``(1) an explanation of the reasons for terminating the major
system;
``(2) the alternatives considered to address any problems in
the major system; and
``(3) the course the Director plans to pursue to meet any
intelligence requirements otherwise intended to be met by the major
system.
``(e) Form of Report.--Any report or certification required to be
submitted under this section may be submitted in a classified form.
``(f) Waiver.--(1) The Director may waive the requirements of
subsections (d)(2), (e), and (g) of section 506E and subsections
(a)(2), (b), (c), and (d) of this section with respect to a major
system if the Director determines that at least 90 percent of the
amount of the current Baseline Estimate for the major system has been
expended.
``(2)(A) If the Director grants a waiver under paragraph (1) with
respect to a major system, the Director shall submit to the
congressional intelligence committees written notice of the waiver that
includes--
``(i) the information described in section 506E(f); and
``(ii) if the current total acquisition cost of the major
system has increased by a percentage equal to or greater than the
critical cost growth threshold--
``(I) a determination of the root cause or causes of the
critical cost growth, as described in subsection (a)(1); and
``(II) a certification that includes the elements described
in subparagraphs (A), (B), and (E) of subsection (b)(2).
``(B) The Director shall submit the written notice required by
subparagraph (A) not later than 90 days after the date that the
Director receives a major system cost report under subsection (b) or
(c) of section 506E that indicates that the total acquisition cost for
the major system has increased by a percentage equal to or greater than
the significant cost growth threshold or critical cost growth
threshold.
``(g) Definitions.--In this section, the terms `cost estimate',
`critical cost growth threshold', `current Baseline Estimate', `major
system', and `total acquisition cost' have the meaning given those
terms in section 506E(a).''.
(b) Table of Contents Amendment.--The table of contents in the
first section of that Act, as amended by section 323 of this Act, is
further amended by inserting after the items relating to section 506E,
as added by section 323(a)(3), the following new item:
``Sec. 506F. Critical cost growth in major systems.''.

59aa91047f08afe6cdae6b478d4715ccbb5264273b4b49dce55a8015d9f72eee

(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.), as amended by section 324 of this Act, is further
amended by inserting after section 506F, as added by section 324(a),
the following new section:
``future budget projections
``Sec. 506G.  (a) Future Year Intelligence Plans.--(1) The Director
of National Intelligence, with the concurrence of the Director of the
Office of Management and Budget, shall provide to the congressional
intelligence committees a Future Year Intelligence Plan, as described
in paragraph (2), for--
``(A) each expenditure center in the National Intelligence
Program; and
``(B) each major system in the National Intelligence Program.
``(2)(A) A Future Year Intelligence Plan submitted under this
subsection shall include the year-by-year proposed funding for each
center or system referred to in subparagraph (A) or (B) of paragraph
(1), for the budget year for which the Plan is submitted and not less
than the 4 subsequent fiscal years.
``(B) A Future Year Intelligence Plan submitted under subparagraph
(B) of paragraph (1) for a major system shall include--
``(i) the estimated total life-cycle cost of such major system;
and
``(ii) major milestones that have significant resource
implications for such major system.
``(b) Long-term Budget Projections.--(1) The Director of National
Intelligence, with the concurrence of the Director of the Office of
Management and Budget, shall provide to the congressional intelligence
committees a Long-term Budget Projection for each element of the
intelligence community funded under the National Intelligence Program
acquiring a major system that includes the budget for such element for
the 5-year period that begins on the day after the end of the last
fiscal year for which year-by-year proposed funding is included in a
Future Year Intelligence Plan for such major system in accordance with
subsection (a)(2)(A).
``(2) A Long-term Budget Projection submitted under paragraph (1)
shall include--
``(A) projections for the appropriate element of the
intelligence community for--
``(i) pay and benefits of officers and employees of such
element;
``(ii) other operating and support costs and minor
acquisitions of such element;
``(iii) research and technology required by such element;
``(iv) current and planned major system acquisitions for
such element;
``(v) any future major system acquisitions for such
element; and
``(vi) any additional funding projections that the Director
of National Intelligence considers appropriate;
``(B) a budget projection based on effective cost and schedule
execution of current or planned major system acquisitions and
application of Office of Management and Budget inflation estimates
to future major system acquisitions;
``(C) any additional assumptions and projections that the
Director of National Intelligence considers appropriate; and
``(D) a description of whether, and to what extent, the total
projection for each year exceeds the level that would result from
applying the most recent Office of Management and Budget inflation
estimate to the budget of that element of the intelligence
community.
``(c) Submission to Congress.--The Director of National
Intelligence, with the concurrence of the Director of the Office of
Management and Budget, shall submit to the congressional intelligence
committees each Future Year Intelligence Plan or Long-term Budget
Projection required under subsection (a) or (b) for a fiscal year at
the time that the President submits to Congress the budget for such
fiscal year pursuant section 1105 of title 31, United States Code.
``(d) Major System Affordability Report.--(1) The Director of
National Intelligence, with the concurrence of the Director of the
Office of Management and Budget, shall prepare a report on the
acquisition of a major system funded under the National Intelligence
Program before the time that the President submits to Congress the
budget for the first fiscal year in which appropriated funds are
anticipated to be obligated for the development or procurement of such
major system.
``(2) The report on such major system shall include an assessment
of whether, and to what extent, such acquisition, if developed,
procured, and operated, is projected to cause an increase in the most
recent Future Year Intelligence Plan and Long-term Budget Projection
submitted under section 506G for an element of the intelligence
community.
``(3) The Director of National Intelligence shall update the report
whenever an independent cost estimate must be updated pursuant to
section 506A(a)(4).
``(4) The Director of National Intelligence shall submit each
report required by this subsection at the time that the President
submits to Congress the budget for a fiscal year pursuant to section
1105 of title 31, United States Code.
``(e) Definitions.--In this section:
``(1) Budget year.--The term `budget year' means the next
fiscal year for which the President is required to submit to
Congress a budget pursuant to section 1105 of title 31, United
States Code.
``(2) Independent cost estimate; major system.--The terms
`independent cost estimate' and `major system' have the meaning
given those terms in section 506A(e).''.
(b) Applicability Date.--The first Future Year Intelligence Plan
and Long-term Budget Projection required to be submitted under
subsection (a) and (b) of section 506G of the National Security Act of
1947, as added by subsection (a), shall be submitted to the
congressional intelligence committees at the time that the President
submits to Congress the budget for fiscal year 2012 pursuant to section
1105 of title 31, United States Code.
(c) Conforming Amendments.--
(1) Table of contents amendment.--The table of contents in the
first section of that Act, as amended by section 324 of this Act,
is further amended by inserting after the items relating to section
506F, as added by section 324(b), the following new item:
``Sec. 506G. Future budget projections.''.
(2) Repeal of duplicative provision.--Section 8104 of the
Department of Defense Appropriations Act, 2010 (50 U.S.C. 415a-3;
Public Law 111-118; 123 Stat. 3451) is repealed.

66e9b3c6f34452a7435dc481e7fd6ca5b6402f947d73cd821fb5ef7de0d67f7d

Subsection (n) of section 102A of the National Security Act of 1947
(50 U.S.C. 403-1) is amended by adding at the end the following new
paragraph:
``(4)(A) In addition to the authority referred to in paragraph (1),
the Director of National Intelligence may authorize the head of an
element of the intelligence community to exercise an acquisition
authority referred to in section 3 or 8(a) of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403c and 403j(a)) for an acquisition by
such element that is more than 50 percent funded under the National
Intelligence Program.
``(B) The head of an element of the intelligence community may not
exercise an authority referred to in subparagraph (A) until--
``(i) the head of such element (without delegation) submits to
the Director of National Intelligence a written request that
includes--
``(I) a description of such authority requested to be
exercised;
``(II) an explanation of the need for such authority,
including an explanation of the reasons that other authorities
are insufficient; and
``(III) a certification that the mission of such element
would be--
``(aa) impaired if such authority is not exercised; or
``(bb) significantly and measurably enhanced if such
authority is exercised; and
``(ii) the Director of National Intelligence issues a written
authorization that includes--
``(I) a description of the authority referred to in
subparagraph (A) that is authorized to be exercised; and
``(II) a justification to support the exercise of such
authority.
``(C) A request and authorization to exercise an authority referred
to in subparagraph (A) may be made with respect to an individual
acquisition or with respect to a specific class of acquisitions
described in the request and authorization referred to in subparagraph
(B).
``(D)(i) A request from a head of an element of the intelligence
community located within one of the departments described in clause
(ii) to exercise an authority referred to in subparagraph (A) shall be
submitted to the Director of National Intelligence in accordance with
any procedures established by the head of such department.
``(ii) The departments described in this clause are the Department
of Defense, the Department of Energy, the Department of Homeland
Security, the Department of Justice, the Department of State, and the
Department of the Treasury.
``(E)(i) The head of an element of the intelligence community may
not be authorized to utilize an authority referred to in subparagraph
(A) for a class of acquisitions for a period of more than 3 years,
except that the Director of National Intelligence (without delegation)
may authorize the use of such an authority for not more than 6 years.
``(ii) Each authorization to utilize an authority referred to in
subparagraph (A) may be extended in accordance with the requirements of
subparagraph (B) for successive periods of not more than 3 years,
except that the Director of National Intelligence (without delegation)
may authorize an extension period of not more than 6 years.
``(F) Subject to clauses (i) and (ii) of subparagraph (E), the
Director of National Intelligence may only delegate the authority of
the Director under subparagraphs (A) through (E) to the Principal
Deputy Director of National Intelligence or a Deputy Director of
National Intelligence.
``(G) The Director of National Intelligence shall submit--
``(i) to the congressional intelligence committees a
notification of an authorization to exercise an authority referred
to in subparagraph (A) or an extension of such authorization that
includes the written authorization referred to in subparagraph
(B)(ii); and
``(ii) to the Director of the Office of Management and Budget a
notification of an authorization to exercise an authority referred
to in subparagraph (A) for an acquisition or class of acquisitions
that will exceed $50,000,000 annually.
``(H) Requests and authorizations to exercise an authority referred
to in subparagraph (A) shall remain available within the Office of the
Director of National Intelligence for a period of at least 6 years
following the date of such request or authorization.
``(I) Nothing in this paragraph may be construed to alter or
otherwise limit the authority of the Central Intelligence Agency to
independently exercise an authority under section 3 or 8(a) of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403c and
403j(a)).''.
Subtitle D--Congressional Oversight, Plans, and Reports

ad40f24fd9238234555e8395eba55c822bb075b05fbaef5f7d6595a5d847163d

(a) Procedures.--Section 501(c) of the National Security Act of
1947 (50 U.S.C. 413(c)) is amended by striking ``such procedures'' and
inserting ``such written procedures''.
(b) Intelligence Activities.--Section 502(a)(2) of such Act (50
U.S.C. 413a(a)(2)) is amended by inserting ``(including the legal basis
under which the intelligence activity is being or was conducted)''
after ``concerning intelligence activities''.
(c) Covert Actions.--Section 503 of such Act (50 U.S.C. 413b) is
amended--
(1) in subsection (b)(2), by inserting ``(including the legal
basis under which the covert action is being or was conducted)''
after ``concerning covert actions'';
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``in writing'' after
``be reported'';
(B) in paragraph (4), by striking ``committee. When'' and
inserting the following: ``committee.
``(5)(A) When''; and
(C) in paragraph (5), as designated by subparagraph (B)--
(i) in subparagraph (A), as so designated--
(I) by inserting ``, or a notification provided
under subsection (d)(1),'' after ``access to a
finding'';
(II) by inserting ``written'' before ``statement'';
and
(ii) by adding at the end the following new
subparagraph:
``(B) Not later than 180 days after a statement of reasons
is submitted in accordance with subparagraph (A) or this
subparagraph, the President shall ensure that--
``(i) all members of the congressional intelligence
committees are provided access to the finding or
notification; or
``(ii) a statement of reasons that it is essential to
continue to limit access to such finding or such
notification to meet extraordinary circumstances affecting
vital interests of the United States is submitted to the
Members of Congress specified in paragraph (2).'';
(3) in subsection (d)--
(A) by striking ``(d) The President'' and inserting
``(d)(1) The President'';
(B) in paragraph (1), as designated by subparagraph (A), by
inserting ``in writing'' after ``notified''; and
(C) by adding at the end the following new paragraph:
``(2) In determining whether an activity constitutes a
significant undertaking for purposes of paragraph (1), the
President shall consider whether the activity--
``(A) involves significant risk of loss of life;
``(B) requires an expansion of existing authorities,
including authorities relating to research, development, or
operations;
``(C) results in the expenditure of significant funds or
other resources;
``(D) requires notification under section 504;
``(E) gives rise to a significant risk of disclosing
intelligence sources or methods; or
``(F) presents a reasonably foreseeable risk of serious
damage to the diplomatic relations of the United States if such
activity were disclosed without authorization.''; and
(4) by adding at the end the following new subsection:
``(g)(1) In any case where access to a finding reported under
subsection (c) or notification provided under subsection (d)(1) is not
made available to all members of a congressional intelligence committee
in accordance with subsection (c)(2), the President shall notify all
members of such committee that such finding or such notification has
been provided only to the members specified in subsection (c)(2).
``(2) In any case where access to a finding reported under
subsection (c) or notification provided under subsection (d)(1) is not
made available to all members of a congressional intelligence committee
in accordance with subsection (c)(2), the President shall provide to
all members of such committee a general description regarding the
finding or notification, as applicable, consistent with the reasons for
not yet fully informing all members of such committee.
``(3) The President shall maintain--
``(A) a record of the members of Congress to whom a finding is
reported under subsection (c) or notification is provided under
subsection (d)(1) and the date on which each member of Congress
receives such finding or notification; and
``(B) each written statement provided under subsection
(c)(5).''.

512171a5319950386c641ea2790451bd31d362b75e8d75506ebaffa06d21c91a

(a) In General.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.), as amended by section 325 of this Act, is further
amended by adding at the end the following new section:
``certification of compliance with oversight requirements
``Sec. 508. The head of each element of the intelligence community
shall annually submit to the congressional intelligence committees--
``(1) a certification that, to the best of the knowledge of the
head of such element--
``(A) the head of such element is in full compliance with
the requirements of this title; and
``(B) any information required to be submitted by the head
of such element under this Act before the date of the
submission of such certification has been properly submitted;
or
``(2) if the head of such element is unable to submit a
certification under paragraph (1), a statement--
``(A) of the reasons the head of such element is unable to
submit such a certification;
``(B) describing any information required to be submitted
by the head of such element under this Act before the date of
the submission of such statement that has not been properly
submitted; and
``(C) that the head of such element will submit such
information as soon as possible after the submission of such
statement.''.
(b) Applicability Date.--The first certification or statement
required to be submitted by the head of each element of the
intelligence community under section 508 of the National Security Act
of 1947, as added by subsection (a), shall be submitted not later than
90 days after the date of the enactment of this Act.
(c) Table of Contents Amendment.--The table of contents in the
first section of the National Security Act of 1947, as amended by
section 325 of this Act, is further amended by inserting after the item
related to section 507 the following new item:
``Sec. 508. Certification of compliance with oversight requirements.''.

3337dd619d8175aee22252ad9b1ff2c22d8fe61fe6cc4761f915efda783570d6

(a) Requirement for Report.--Not later than December 1, 2010, the
Director of National Intelligence, in coordination with the Attorney
General and the Secretary of Defense, shall submit to the congressional
intelligence committees a comprehensive report containing--
(1) the policies and procedures of the United States Government
governing participation by an element of the intelligence community
in the interrogation of individuals detained by the United States
who are suspected of international terrorism with the objective, in
whole or in part, of acquiring national intelligence, including
such policies and procedures of each appropriate element of the
intelligence community or interagency body established to carry out
interrogations;
(2) the policies and procedures relating to any detention by
the Central Intelligence Agency of such individuals in accordance
with Executive Order 13491;
(3) the legal basis for the policies and procedures referred to
in paragraphs (1) and (2);
(4) the training and research to support the policies and
procedures referred to in paragraphs (1) and (2); and
(5) any action that has been taken to implement section 1004 of
the Detainee Treatment Act of 2005 (42 U.S.C. 2000dd-1).
(b) Other Submission of Report.--
(1) 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, the
Director of National Intelligence, in consultation with the
Secretary of Defense, shall submit that portion of the report, and
any associated material that is necessary to make that portion
understandable, to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives. The Director of National Intelligence may
authorize redactions of the report and any associated materials
submitted pursuant to this paragraph, if such redactions are
consistent with the protection of sensitive intelligence sources
and methods.
(2) Congressional judiciary committees.--To the extent that the
report required by subsection (a) addresses an element of the
intelligence community within the Department of Justice, the
Director of National Intelligence, in consultation with the
Attorney General, shall submit that portion of the report, and any
associated material that is necessary to make that portion
understandable, to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of Representatives. The
Director of National Intelligence may authorize redactions of the
report and any associated materials submitted pursuant to this
paragraph, if such redactions are consistent with the protection of
sensitive intelligence sources and methods.
(c) Form of Submissions.--Any submission required under this
section may be submitted in classified form.

657ddde6e259f175e33e877c06ea2b079ca2173a0b3a7b4b32d5ec7bba2a9234

OF DETAINEES HELD AT UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA.
Not later than 60 days after the date of the enactment of this Act,
the Director of National Intelligence, in consultation with the
Director of the Central Intelligence Agency and the Director of the
Defense Intelligence Agency, shall make publicly available an
unclassified summary of--
(1) intelligence relating to recidivism of detainees currently
or formerly held at the Naval Detention Facility at Guantanamo Bay,
Cuba, by the Department of Defense; and
(2) an assessment of the likelihood that such detainees will
engage in terrorism or communicate with persons in terrorist
organizations.

af2a70859adba079107438e929abaf8cb2e0ba1730ef002d31bf5baeace6fd27

(a) Requirement for Report.--Not later than 180 days after the date
of the enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees a report on--
(1) the intelligence collection efforts of the United States
dedicated to assessing the threat from biological weapons from
state, nonstate, or rogue actors, either foreign or domestic; and
(2) efforts to protect the biodefense knowledge and
infrastructure of the United States.
(b) Content.--The report required by subsection (a) shall include--
(1) an assessment of the intelligence collection efforts of the
United States dedicated to detecting the development or use of
biological weapons by state, nonstate, or rogue actors, either
foreign or domestic;
(2) information on fiscal, human, technical, open-source, and
other intelligence collection resources of the United States
dedicated for use to detect or protect against the threat of
biological weapons;
(3) an assessment of any problems that may reduce the overall
effectiveness of United States intelligence collection and analysis
to identify and protect biological weapons targets, including--
(A) intelligence collection gaps or inefficiencies;
(B) inadequate information sharing practices; or
(C) inadequate cooperation among departments or agencies of
the United States;
(4) a strategic plan prepared by the Director of National
Intelligence, in coordination with the Attorney General, the
Secretary of Defense, and the Secretary of Homeland Security, that
provides for actions for the appropriate elements of the
intelligence community to close important intelligence gaps related
to biological weapons;
(5) a description of appropriate goals, schedules, milestones,
or metrics to measure the long-term effectiveness of actions
implemented to carry out the plan described in paragraph (4); and
(6) any long-term resource and human capital issues related to
the collection of intelligence regarding biological weapons,
including any recommendations to address shortfalls of experienced
and qualified staff possessing relevant scientific, language, and
technical skills.
(c) Implementation of Strategic Plan.--Not later than 30 days after
the date on which the Director of National Intelligence submits the
report required by subsection (a), the Director shall begin
implementation of the strategic plan referred to in subsection (b)(4).

f7f35972a637fb1b9a06fd9f28650130bce63ab18e1c04c8ec9ee0d534b29229

(a) Notification of Cybersecurity Programs.--
(1) Requirement for notification.--
(A) Existing programs.--Not later than 30 days after the
date of the enactment of this Act, the President shall submit
to Congress a notification for each cybersecurity program in
operation on such date that includes the documentation referred
to in subparagraphs (A) through (F) of paragraph (2).
(B) New programs.--Not later than 30 days after the date of
the commencement of operations of a new cybersecurity program,
the President shall submit to Congress a notification of such
commencement that includes the documentation referred to in
subparagraphs (A) through (F) of paragraph (2).
(2) Documentation.--A notification required by paragraph (1)
for a cybersecurity program shall include--
(A) the legal basis for the cybersecurity program;
(B) the certification, if any, made pursuant to section
2511(2)(a)(ii)(B) of title 18, United States Code, or other
statutory certification of legality for the cybersecurity
program;
(C) the concept for the operation of the cybersecurity
program that is approved by the head of the appropriate
department or agency of the United States;
(D) the assessment, if any, of the privacy impact of the
cybersecurity program prepared by the privacy or civil
liberties protection officer or comparable officer of such
department or agency;
(E) the plan, if any, for independent audit or review of
the cybersecurity program to be carried out by the head of such
department or agency, in conjunction with the appropriate
inspector general; and
(F) recommendations, if any, for legislation to improve the
capabilities of the United States Government to protect the
cybersecurity of the United States.
(b) Program Reports.--
(1) Requirement for reports.--The head of a department or
agency of the United States with responsibility for a cybersecurity
program for which a notification was submitted under subsection
(a), in consultation with the inspector general for that department
or agency, shall submit to Congress and the President a report on
such cybersecurity program that includes--
(A) the results of any audit or review of the cybersecurity
program carried out under the plan referred to in subsection
(a)(2)(E), if any; and
(B) an assessment of whether the implementation of the
cybersecurity program--
(i) is in compliance with--
(I) the legal basis referred to in subsection
(a)(2)(A); and
(II) an assessment referred to in subsection
(a)(2)(D), if any;
(ii) is adequately described by the concept of
operation referred to in subsection (a)(2)(C); and
(iii) includes an adequate independent audit or review
system and whether improvements to such independent audit
or review system are necessary.
(2) Schedule for submission of reports.--
(A) Existing programs.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter, the
head of a department or agency of the United States with
responsibility for a cybersecurity program for which a
notification is required to be submitted under subsection
(a)(1)(A) shall submit a report required under paragraph (1).
(B) New programs.--Not later than 120 days after the date
on which a certification is submitted under subsection
(a)(1)(B), and annually thereafter, the head of a department or
agency of the United States with responsibility for the
cybersecurity program for which such certification is submitted
shall submit a report required under paragraph (1).
(3) Cooperation and coordination.--
(A) Cooperation.--The head of each department or agency of
the United States required to submit a report under paragraph
(1) for a particular cybersecurity program, and the inspector
general of each such department or agency, shall, to the extent
practicable, work in conjunction with any other such head or
inspector general required to submit such a report for such
cybersecurity program.
(B) Coordination.--The heads of all of the departments and
agencies of the United States required to submit a report under
paragraph (1) for a particular cybersecurity program shall
designate one such head to coordinate the conduct of the
reports on such program.
(c) Information Sharing Report.--Not later than one year after the
date of the enactment of this Act, the Inspector General of the
Department of Homeland Security and the Inspector General of the
Intelligence Community shall jointly submit to Congress and the
President a report on the status of the sharing of cyber-threat
information, including--
(1) a description of how cyber-threat intelligence information,
including classified information, is shared among the agencies and
departments of the United States and with persons responsible for
critical infrastructure;
(2) a description of the mechanisms by which classified cyber-
threat information is distributed;
(3) an assessment of the effectiveness of cyber-threat
information sharing and distribution; and
(4) any other matters identified by either Inspector General
that would help to fully inform Congress or the President regarding
the effectiveness and legality of cybersecurity programs.
(d) Personnel Details.--
(1) Authority to detail.--Notwithstanding any other provision
of law, the head of an element of the intelligence community that
is funded through the National Intelligence Program may detail an
officer or employee of such element to the National Cyber
Investigative Joint Task Force or to the Department of Homeland
Security to assist the Task Force or the Department with
cybersecurity, as jointly agreed by the head of such element and
the Task Force or the Department.
(2) Basis for detail.--A personnel detail made under paragraph
(1) may be made--
(A) for a period of not more than three years; and
(B) on a reimbursable or nonreimbursable basis.
(e) Additional Plan.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to Congress a plan for recruiting, retaining, and training a
highly-qualified cybersecurity intelligence community workforce to
secure the networks of the intelligence community. Such plan shall
include--
(1) an assessment of the capabilities of the current workforce;
(2) an examination of issues of recruiting, retention, and the
professional development of such workforce, including the
possibility of providing retention bonuses or other forms of
compensation;
(3) an assessment of the benefits of outreach and training with
both private industry and academic institutions with respect to
such workforce;
(4) an assessment of the impact of the establishment of the
Department of Defense Cyber Command on such workforce;
(5) an examination of best practices for making the
intelligence community workforce aware of cybersecurity best
practices and principles; and
(6) strategies for addressing such other matters as the
Director of National Intelligence considers necessary to the
cybersecurity of the intelligence community.
(f) Report on Guidelines and Legislation To Improve Cybersecurity
of the United States.--
(1) Initial.--Not later than one year after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Attorney General, the Director of the
National Security Agency, the White House Cybersecurity
Coordinator, and any other officials the Director of National
Intelligence considers appropriate, shall submit to Congress a
report containing guidelines or legislative recommendations, if
appropriate, to improve the capabilities of the intelligence
community and law enforcement agencies to protect the cybersecurity
of the United States. Such report shall include guidelines or
legislative recommendations on--
(A) improving the ability of the intelligence community to
detect hostile actions and attribute attacks to specific
parties;
(B) the need for data retention requirements to assist the
intelligence community and law enforcement agencies;
(C) improving the ability of the intelligence community to
anticipate nontraditional targets of foreign intelligence
services; and
(D) the adequacy of existing criminal statutes to
successfully deter cyber attacks, including statutes
criminalizing the facilitation of criminal acts, the scope of
laws for which a cyber crime constitutes a predicate offense,
trespassing statutes, data breach notification requirements,
and victim restitution statutes.
(2) Subsequent.--Not later than one year after the date on
which the initial report is submitted under paragraph (1), and
annually thereafter for two years, the Director of National
Intelligence, in consultation with the Attorney General, the
Director of the National Security Agency, the White House
Cybersecurity Coordinator, and any other officials the Director of
National Intelligence considers appropriate, shall submit to
Congress an update of the report required under paragraph (1).
(g) Sunset.--The requirements and authorities of subsections (a)
through (e) shall terminate on December 31, 2013.
(h) Definitions.--In this section:
(1) Cybersecurity program.--The term ``cybersecurity program''
means a class or collection of similar cybersecurity operations of
a department or agency of the United States that involves
personally identifiable data that is--
(A) screened by a cybersecurity system outside of the
department or agency of the United States that was the intended
recipient of the personally identifiable data;
(B) transferred, for the purpose of cybersecurity, outside
the department or agency of the United States that was the
intended recipient of the personally identifiable data; or
(C) transferred, for the purpose of cybersecurity, to an
element of the intelligence community.
(2) National cyber investigative joint task force.--The term
``National Cyber Investigative Joint Task Force'' means the
multiagency cyber investigation coordination organization overseen
by the Director of the Federal Bureau of Investigation known as the
National Cyber Investigative Joint Task Force that coordinates,
integrates, and provides pertinent information related to
cybersecurity investigations.
(3) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given that term in section 1016 of
the USA PATRIOT Act (42 U.S.C. 5195c).

6c6cbd7a8a2cea5c9280bb77849bb02306f848323c537eb4466dbfc2521f4328

INTELLIGENCE COMMUNITY.
(a) Report.--Not later than one year after the date of the
enactment of this Act, and biennially thereafter for four years, the
Director of National Intelligence shall submit to the congressional
intelligence committees and the Committees on Armed Services of the
House of Representatives and the Senate a report on the proficiency in
foreign languages and, as appropriate, in foreign dialects, of each
element of the intelligence community, including--
(1) the number of positions authorized for such element that
require foreign language proficiency and a description of the level
of proficiency required;
(2) an estimate of the number of such positions that such
element will require during the five-year period beginning on the
date of the submission of the report;
(3) the number of positions authorized for such element that
require foreign language proficiency that are filled by--
(A) military personnel; and
(B) civilian personnel;
(4) the number of applicants for positions in such element in
the preceding fiscal year that indicated foreign language
proficiency, including the foreign language indicated and the
proficiency level;
(5) the number of persons hired by such element with foreign
language proficiency, including the foreign language and a
description of the proficiency level of such persons;
(6) the number of personnel of such element currently attending
foreign language training, including the provider of such training;
(7) a description of the efforts of such element to recruit,
hire, train, and retain personnel that are proficient in a foreign
language;
(8) an assessment of methods and models for basic, advanced,
and intensive foreign language training utilized by such element;
(9) for each foreign language and, as appropriate, dialect of a
foreign language--
(A) the number of positions of such element that require
proficiency in the foreign language or dialect;
(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;
(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;
(D) the number of personnel of such element rated at each
level of proficiency of the Interagency Language Roundtable;
(E) whether the number of personnel at each level of
proficiency of the Interagency Language Roundtable meets the
requirements of such element;
(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;
(G) the number of personnel hired to serve as linguists for
such element during the preceding calendar year;
(H) the number of personnel serving as linguists that
discontinued serving such element during the preceding calendar
year;
(I) the percentage of work requiring linguistic skills that
is fulfilled by a foreign country, international organization,
or other foreign entity; and
(J) the percentage of work requiring linguistic skills that
is fulfilled by contractors;
(10) an assessment of the foreign language capacity and
capabilities of the intelligence community as a whole;
(11) an identification of any critical gaps in foreign language
proficiency with respect to such element and recommendations for
eliminating such gaps;
(12) recommendations, if any, for eliminating required reports
relating to foreign-language proficiency that the Director of
National Intelligence considers outdated or no longer relevant; and
(13) 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 United States Government in
Iraq or Afghanistan to meet the critical language needs of such
element.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.

d3ab59b621a079e5c71f35b26008973e7ea286e62dd95e0188dee4ad448b478e

INTELLIGENCE COMMUNITY.
(a) Requirement for Report.--Not later than one year after the date
of the enactment of this Act, the Director of National Intelligence, in
coordination with the head of each element of the intelligence
community, shall submit to the congressional intelligence committees a
report on the plans of each such element to increase diversity within
the intelligence community.
(b) Content.--The report required by subsection (a) shall include
specific implementation plans to increase diversity within each element
of the intelligence community, including--
(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;
(2) specific plans and initiatives for each such element to
increase recruiting and hiring of diverse candidates;
(3) specific plans and initiatives for each such element to
improve retention of diverse Federal employees at the junior,
midgrade, senior, and management levels;
(4) a description of specific diversity awareness training and
education programs for senior officials and managers of each such
element; and
(5) a description of performance metrics to measure the success
of carrying out the plans, initiatives, and programs described in
paragraphs (1) through (4).
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.

73c45eaa7b1751e161bcd6e93206b031c1523a200465d387672d396cbbf2d628

(a) Requirement for Report.--Not later than February 1, 2011, the
Director of National Intelligence shall submit to the congressional
intelligence committees and the Committees on Armed Services of the
House of Representatives and the Senate a report describing the use of
personal services contracts across the intelligence community, the
impact of the use of such contracts on the intelligence community
workforce, plans for conversion of contractor employment into United
States Government employment, and the accountability mechanisms that
govern the performance of such personal services contracts.
(b) Content.--
(1) In general.--The report submitted under subsection (a)
shall include--
(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 and in effect as of
February 1, 2011, 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 United States Government employees
performing substantially similar functions;
(B) an identification of contracts in effect during the
preceding fiscal year under which the contractor is performing
substantially similar functions to a United States Government
employee;
(C) an assessment of costs incurred or savings achieved
during the preceding fiscal year 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;
(D) an assessment of the appropriateness of using
contractors to perform the activities described in paragraph
(2);
(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);
(F) a comparison of the compensation of contract employees
and United States Government employees performing substantially
similar functions during the preceding fiscal year;
(G) an analysis of the attrition of United States
Government employees for contractor positions that provide
substantially similar functions during the preceding fiscal
year;
(H) a description of positions that have been or will be
converted from contractor employment to United States
Government employment during fiscal years 2011 and 2012;
(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 2009 and 2010;
(J) an analysis of procedures in use in the intelligence
community as of February 1, 2011, for conducting oversight of
contractors to ensure identification and prosecution of
criminal violations, financial waste, fraud, or other abuses
committed by contractors or contract personnel; and
(K) an identification of best practices for oversight and
accountability mechanisms applicable to personal services
contracts.
(2) Activities.--Activities described in this paragraph are the
following:
(A) Intelligence collection.
(B) Intelligence analysis.
(C) Covert actions, including rendition, detention, and
interrogation activities.

6d4c8d708f5830212f3df21417f9a3071a5c376e8e5480b5dad6d545dc0c5b3c

INTELLIGENCE COMMUNITY.
(a) Study.--The Inspector General of the Intelligence Community
shall conduct a study on the electronic waste destruction practices of
the intelligence community. Such study shall assess--
(1) the security of the electronic waste disposal practices of
the intelligence community, including the potential for
counterintelligence exploitation of destroyed, discarded, or
recycled materials;
(2) the environmental impact of such disposal practices; and
(3) methods to improve the security and environmental impact of
such disposal practices, including steps to prevent the forensic
exploitation of electronic waste.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community shall submit to the congressional intelligence committees a
report containing the results of the study conducted under subsection
(a).

0172fc98a773c73f6928798316f017f3063ebd4e74753ee00d009ab402854f61

AMONG DESERT STORM VETERANS.
(a) Review.--The Director of the Central Intelligence Agency shall
conduct a classification review of the records of the Agency that are
relevant to the known or potential health effects suffered by veterans
of Operation Desert Storm as described in the November 2008, report by
the Department of Veterans Affairs Research Advisory Committee on Gulf
War Veterans' Illnesses.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Director of the Central Intelligence Agency
shall submit to Congress the results of the classification review
conducted under subsection (a), including the total number of records
of the Agency that are relevant.
(c) Form.--The report required under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.

79dce0e156421931d7e53dfb1e86e28d45ce683eece2ab85af692a19bd432ba7

ENFORCEMENT JURISDICTION IN FOREIGN NATIONS.
Not later than 120 days after the date of the enactment of this
Act, the Director of the Federal Bureau of Investigation, in
consultation with the Secretary of State, shall submit to Congress a
review of constraints under international law and the laws of foreign
nations to the assertion of enforcement jurisdiction with respect to
criminal investigations of terrorism offenses under the laws of the
United States conducted by agents of the Federal Bureau of
Investigation in foreign nations and using funds made available for the
National Intelligence Program, including constraints identified in
section 432 of the Restatement (Third) of the Foreign Relations Law of
the United States.

d5cf59d8a01193d3319a5c1313568caf745997f450ec0e28d4a04efa9c9dd8fa

NARCOTICS AIRBRIDGE DENIAL PROGRAM IN PERU.
Not later than 30 days after the date of the enactment of this Act,
the Director of the Central Intelligence Agency shall make publicly
available an unclassified version of the report of the Inspector
General of the Central Intelligence Agency entitled ``Procedures Used
in Narcotics Airbridge Denial Program in Peru, 1995-2001'', dated
August 25, 2008.

be5b1ec01b9f74715e4acf34177758df92f48990afd4aee03d2cad7cb1d67ff8

Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence, in consultation with the
Nuclear Regulatory Commission, shall submit to Congress a report
summarizing intelligence related to the threat to the United States
from weapons that use radiological materials, including highly
dispersible substances such as cesium-137.

8290be66f4a77e70083560de3f62b73ac600a84f9426676a5d9653c9cba48287

Not later than 60 days after the date of the enactment of this Act,
the Director of National Intelligence shall submit to Congress a report
on the feasibility and advisability of creating a national space
intelligence office to manage space-related intelligence assets and
access to such assets.

af800ae334684eb2442eff6b375851765d9a4f739040d939a33d8bb6c1cc1ce9

NORTHWEST AIRLINES FLIGHT 253.
Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence shall submit to Congress a
report on the attempt to detonate an explosive device aboard Northwest
Airlines flight number 253 on December 25, 2009. Such report shall
describe the failures, if any, to share or analyze intelligence or
other information and the measures that the intelligence community has
taken or will take to prevent such failures, including--
(1) a description of the roles and responsibilities of the
counterterrorism analytic components of the intelligence community
in synchronizing, correlating, and analyzing all sources of
intelligence related to terrorism;
(2) an assessment of the technological capabilities of the
United States Government to assess terrorist threats, including--
(A) a list of all databases used by counterterrorism
analysts;
(B) a description of the steps taken by the intelligence
community to integrate all relevant terrorist databases and
allow for cross-database searches;
(C) a description of the steps taken by the intelligence
community to correlate biographic information with terrorism-
related intelligence; and
(D) a description of the improvements to information
technology needed to enable the United States Government to
better share information;
(3) any recommendations that the Director considers appropriate
for legislation to improve the sharing of intelligence or
information relating to terrorists;
(4) a description of the steps taken by the intelligence
community to train analysts on watchlisting processes and
procedures;
(5) a description of the manner in which watchlisting
information is entered, reviewed, searched, analyzed, and acted
upon by the relevant elements of the United States Government;
(6) a description of the steps the intelligence community is
taking to enhance the rigor and raise the standard of tradecraft of
intelligence analysis related to uncovering and preventing
terrorist plots;
(7) a description of the processes and procedures by which the
intelligence community prioritizes terrorism threat leads and the
standards used by elements of the intelligence community to
determine if follow-up action is appropriate;
(8) a description of the steps taken to enhance record
information on possible terrorists in the Terrorist Identities
Datamart Environment;
(9) an assessment of how to meet the challenge associated with
exploiting the ever-increasing volume of information available to
the intelligence community; and
(10) a description of the steps the intelligence community has
taken or will take to respond to any findings and recommendations
of the congressional intelligence committees, with respect to any
such failures, that have been transmitted to the Director of
National Intelligence.

78918284c0a2decf432188fe865ca2362b1417afa7843b2f3f9d8e796cca3836

(a) Annual Report on Intelligence.--Section 109 of the National
Security Act of 1947 (50 U.S.C. 404d) is repealed.
(b) Annual and Special Reports on Intelligence Sharing With the
United Nations.--Section 112 of the National Security Act of 1947 (50
U.S.C. 404g) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d), respectively.
(c) Annual Report on Progress in Auditable Financial Statements.--
Section 114A of the National Security Act of 1947 (50 U.S.C. 404i-1) is
repealed.
(d) Report on Financial Intelligence on Terrorist Assets.--Section
118 of the National Security Act of 1947 (50 U.S.C. 404m) is amended--
(1) in the heading, by striking ``semiannual'' and inserting
``annual'';
(2) in subsection (a)--
(A) in the heading, by striking ``Semiannual'' and
inserting ``Annual'';
(B) in the matter preceding paragraph (1)--
(i) by striking ``semiannual basis'' and inserting
``annual basis''; and
(ii) by striking ``preceding six-month period'' and
inserting ``preceding one-year period'';
(C) by striking paragraph (2); and
(D) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively; and
(3) in subsection (d)--
(A) in paragraph (1), by inserting ``the Committee on Armed
Services,'' after ``the Committee on Appropriations,''; and
(B) in paragraph (2), by inserting ``the Committee on Armed
Services,'' after ``the Committee on Appropriations,''.
(e) Annual Certification on Counterintelligence Initiatives.--
Section 1102(b) of the National Security Act of 1947 (50 U.S.C.
442a(b)) is amended--
(1) by striking ``(1)''; and
(2) by striking paragraph (2).
(f) Report and Certification Under Terrorist Identification
Classification System.--Section 343 of the Intelligence Authorization
Act for Fiscal Year 2003 (50 U.S.C. 404n-2) is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), (g), and (h) as
subsections (d), (e), (f), and (g), respectively.
(g) Annual Report on Counterdrug Intelligence Matters.--Section 826
of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law
107-306; 21 U.S.C. 873 note) is repealed.
(h) Biennial Report on Foreign Industrial Espionage.--Subsection
(b) of section 809 of the Intelligence Authorization Act for Fiscal
Year 1995 (50 U.S.C. App. 2170b) is amended--
(1) in the heading, by striking ``Annual Update'' and inserting
``Biennial Report'';
(2) by striking paragraphs (1) and (2) and inserting the
following new paragraph:
``(1) Requirement to submit.--Not later than February 1, 2011,
and once every two years thereafter, the President shall submit to
the congressional intelligence committees and congressional
leadership a report updating the information referred to in
subsection (a)(1)D).''; and
(3) by redesignating paragraph (3) as paragraph (2).
(i) Table of Contents Amendments.--
(1) National security act of 1947.--The table of contents in
the first section of the National Security Act of 1947, as amended
by section 332 of this Act, is further amended--
(A) by striking the item relating to section 109;
(B) by striking the item relating to section 114A; and
(C) by striking the item relating to section 118 and
inserting the following new item:
``Sec. 118. Annual report on financial intelligence on terrorist
assets.''.
(2) Intelligence authorization act for fiscal year 2003.--The
table of contents in the first section of the Intelligence
Authorization Act for Fiscal Year 2003 (Public Law 107-306; 116
Stat. 2383) is amended by striking the item relating to section
826.

5e37e7f8db71b4827fb8460e44a12291bca587e3882a6a165a4bbb4da4502ca8

UNITED STATES.
(a) DNI Directive Governing Access.--
(1) Requirement for directive.--The Director of National
Intelligence, in consultation with the Comptroller General of the
United States, shall issue a written directive governing the access
of the Comptroller General to information in the possession of an
element of the intelligence community.
(2) Amendment to directive.--The Director of National
Intelligence, in consultation with the Comptroller General, may
issue an amendment to the directive issued under paragraph (1) at
any time the Director determines such an amendment is appropriate.
(3) Relationship to other laws.--The directive issued under
paragraph (1) and any amendment to such directive issued under
paragraph (2) shall be consistent with the provisions of--
(A) chapter 7 of title 31, United States Code; and
(B) the National Security Act of 1947 (50 U.S.C. 401 et
seq.).
(b) Confidentiality of Information.--
(1) Requirement for confidentiality.--The Comptroller General
of the United States shall ensure that the level of confidentiality
of information made available to the Comptroller General pursuant
to the directive issued under subsection (a)(1) or an amendment to
such directive issued under subsection (a)(2) is not less than the
level of confidentiality of such information required of the head
of the element of the intelligence community from which such
information was obtained.
(2) Penalties for unauthorized disclosure.--An officer or
employee of the Government Accountability Office shall be subject
to the same statutory penalties for unauthorized disclosure or use
of such information as an officer or employee of the element of the
intelligence community from which such information was obtained.
(c) Submission to Congress.--
(1) Submission of directive.--The directive issued under
subsection (a)(1) shall be submitted to Congress by the Director of
National Intelligence, together with any comments of the
Comptroller General of the United States, no later than May 1,
2011.
(2) Submission of amendment.--Any amendment to such directive
issued under subsection (a)(2) shall be submitted to Congress by
the Director, together with any comments of the Comptroller
General.
(d) Effective Date.--The directive issued under subsection (a)(1)
and any amendment to such directive issued under subsection (a)(2)
shall take effect 60 days after the date such directive or amendment is
submitted to Congress under subsection (c), unless the Director
determines that for reasons of national security the directive or
amendment should take effect sooner.

4c0124ce0017cac6f655280b61e6d04d09ee00cde8215c36862b72c17bccb4eb

Intelligence Authorization Act for Fiscal Year 2010

Other Sections