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2009 Authorization Act

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Calendar No. 888
110TH CONGRESS
2D SESSION

H. R. 5959

IN THE SENATE OF THE UNITED STATES
JULY 17, 2008
Received; read twice and placed on the calendar

AN ACT
To authorize appropriations for fiscal year 2009 for intelligence and intelligence-related activities of the United
States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.
1

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,
3
4

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Intelligence Authorization Act for Fiscal Year 2009’’.
6

(b) TABLE

OF

CONTENTS.—The table of contents for

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7 this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—BUDGET AND PERSONNEL AUTHORIZATIONS

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Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

101.
102.
103.
104.
105.
106.

Authorization of appropriations.
Classified Schedule of Authorizations.
Personnel ceiling adjustments.
Intelligence Community Management Account.
Limitation on the use of covert action funds.
Prohibition on use of funds to implement ‘‘5 and out’’ program of the Federal Bureau of Investigation.

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
Sec. 202. Technical modification to mandatory retirement provision of the Central Intelligence Agency Retirement Act.
TITLE III—GENERAL INTELLIGENCE COMMUNITY MATTERS
Subtitle A—Personnel Matters
Sec. 301. Increase in employee compensation and benefits authorized by law.
Sec. 302. Enhanced flexibility in nonreimbursable details to elements of the intelligence community.
Sec. 303. Multi-level security clearances.
Sec. 304. Delegation of authority for travel on common carriers for intelligence collection personnel.
Sec. 305. Annual personnel level assessments for the intelligence community.
Sec. 306. Comprehensive report on intelligence community contractors.
Sec. 307. Report on proposed pay for performance intelligence community personnel management system.
Sec. 308. Report on plans to increase diversity within the intelligence community.
Sec. 309. Report on security clearance determinations.
Sec. 310. Sense of Congress regarding the need for a robust workforce.
Subtitle B—Other Matters

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Sec. 311. Restriction on conduct of intelligence activities.
Sec. 312. Clarification of definition of intelligence community under the National Security Act of 1947.
Sec. 313. Modification of availability of funds for different intelligence activities.
Sec. 314. Protection of certain national security information.
Sec. 315. Extension of authority to delete information about receipt and disposition of foreign gifts and decorations.
Sec. 316. Report on compliance with the Detainee Treatment Act of 2005 and related provisions of the Military Commissions Act of 2006.
Sec. 317. Incorporation of reporting requirements.
Sec. 318. Repeal of certain reporting requirements.
Sec. 319. Enhancement of critical skills training program.
Sec. 320. Comprehensive national cybersecurity initiative advisory panel.
Sec. 321. Exception to alternative fuel procurement requirement.
TITLE IV—MATTERS RELATING TO ELEMENTS OF THE
INTELLIGENCE COMMUNITY
Subtitle A—Office of the Director of National Intelligence

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Sec. 401. Clarification of limitation on colocation of the Office of the Director of National Intelligence.
Sec. 402. Membership of the Director of National Intelligence on the Transportation Security Oversight Board.
Sec. 403. Additional duties of the Director of Science and Technology.
Sec. 404. Leadership and location of certain offices and officials.
Sec. 405. Plan to implement recommendations of the data center energy efficiency reports.
Sec. 406. Semiannual reports on nuclear programs of Iran, Syria, and North
Korea.
Sec. 407. Title of Chief Information Officer of the Intelligence Community.
Sec. 408. Inspector General of the Intelligence Community.
Sec. 409. Annual report on foreign language proficiency in the intelligence community.
Sec. 410. Repeal of certain authorities relating to the Office of the National
Counterintelligence Executive.
Sec. 411. National intelligence estimate on weapons of mass destruction in
Syria.
Sec. 412. Report on intelligence resources dedicated to Iraq and Afghanistan.
Sec. 413. Ombudsman for intelligence community security clearances.
Sec. 414. Security clearance reciprocity.
Sec. 415. Report on international traffic in arms regulations.
Sec. 416. Report on nuclear trafficking.
Sec. 417. Study on revoking pensions of persons who commit unauthorized disclosures of classified information.
Sec. 418. Memorandum to holders of National Intelligence Estimate on Iran.
Sec. 419. National Intelligence Estimate on production and sale of narcotics in support of international terrorism.
Subtitle B—Central Intelligence Agency
Sec. 421. Review of covert action programs by Inspector General of the Central
Intelligence Agency.
Sec. 422. Inapplicability to Director of the Central Intelligence Agency of requirement for annual report on progress in auditable financial statements. Sec. 423. Technical amendments relating to titles of certain Central Intelligence Agency positions.
Sec. 424. Clarifying amendments relating to section 105 of the Intelligence Authorization Act for Fiscal Year 2004.
Sec. 425. Prohibition on the use of private contractors for interrogations involving persons in the custody or control of the Central Intelligence
Agency.
Sec. 426. Report on activities of the Central Intelligence Agency in Argentina.
Subtitle C—Defense Intelligence Components
Sec. 431. Integration of the Counterintelligence Field Activity into the Defense
Intelligence Agency.

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Subtitle D—Other Elements
Sec. 441. Clarification of inclusion of Coast Guard and Drug Enforcement Administration as elements of the intelligence community.
Sec. 442. Report on transformation of the intelligence capabilities of the Federal Bureau of Investigation.
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TITLE V—OTHER MATTERS
Subtitle A—General Intelligence Matters
Sec. 501. Extension of National Commission for the Review of the Research and Development Programs of the United States Intelligence
Community.
Sec. 502. Amendments to the National Security Act of 1947.
Sec. 503. Report on financial intelligence on terrorist assets.
Sec. 504. Notice of intelligence regarding North Korea and China.
Sec. 505. Sense of Congress regarding use of intelligence resources.
Sec. 506. Sense of Congress regarding Colombian paramilitary organizations.
Sec. 507. Jihadists.
Subtitle B—Technical Amendments
Sec. 511. Technical amendment to the Central Intelligence Agency Act of 1949.
Sec. 512. Technical amendments relating to the multiyear National Intelligence
Program.
Sec. 513. Technical clarification of certain references to Joint Military Intelligence Program and Tactical Intelligence and Related Activities.
Sec. 514. Technical amendments to the National Security Act of 1947.
Sec. 515. Technical amendments to the Intelligence Reform and Terrorism Prevention Act of 2004.
Sec. 516. Technical amendments to the Executive Schedule.
Sec. 517. Technical amendments relating to the National Geospatial-Intelligence Agency.

1

SEC. 2. DEFINITIONS.

2

In this Act:

3

(1) CONGRESSIONAL

4

TEES.—The

5

INTELLIGENCE COMMIT-

mittees’’ means—

6

term ‘‘congressional intelligence com-

(A) the Select Committee on Intelligence of

7

the Senate; and

8

(B) the Permanent Select Committee on

9

Intelligence of the House of Representatives.

10

(2) INTELLIGENCE

COMMUNITY.—The

term

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11

‘‘intelligence community’’ has the meaning given

12

that term in section 3(4) of the National Security

13

Act of 1947 (50 U.S.C. 401a(4)).
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2
3
4

TITLE I—BUDGET AND
PERSONNEL AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for

5 fiscal year 2009 for the conduct of the intelligence and
6 intelligence-related activities of the following elements of
7 the United States Government:
8
9

(1) The Office of the Director of National Intelligence.

10

(2) The Central Intelligence Agency.

11

(3) The Department of Defense.

12

(4) The Defense Intelligence Agency.

13

(5) The National Security Agency.

14

(6) The Department of the Army, the Depart-

15

ment of the Navy, and the Department of the Air

16

Force.
(7) The Coast Guard.

18

(8) The Department of State.

19

(9) The Department of the Treasury.

20

(10) The Department of Energy.

21

(11) The Department of Justice.

22

(12) The Federal Bureau of Investigation.

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17

(13) The Drug Enforcement Administration.

24

(14) The National Reconnaissance Office.

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(15) The National Geospatial-Intelligence Agency.

3
4
5

(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

(a) SPECIFICATIONS

OF

AMOUNTS

AND

PERSONNEL

6 LEVELS.—The amounts authorized to be appropriated
7 under section 101 and, subject to section 103, the author8 ized personnel ceilings as of September 30, 2009, for the
9 conduct of the intelligence activities of the elements listed
10 in paragraphs (1) through (16) of section 101, are those
11 specified in the classified Schedule of Authorizations pre12 pared to accompany the conference report on the bill H.R.
13 5959 of the One Hundred Tenth Congress.
14
15

(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZATIONS.—The

classified Schedule of Authoriza-

16 tions referred to in subsection (a) shall be made available
17 to the Committee on Appropriations of the Senate, the
18 Committee on Appropriations of the House of Representa19 tives, and to the President. The President shall provide
20 for suitable distribution of the Schedule, or of appropriate
21 portions of the Schedule, within the executive branch.
22

(c) EARMARKS.—

23

(1) IN

GENERAL.—Nothing

in the classified

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24

Schedule of Authorizations, the joint explanatory

25

statement to accompany the conference report on

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1

the bill H.R. 5959 of the One Hundred Tenth Con-

2

gress, or the classified annex to this Act, shall be

3

construed to authorize or require the expenditure of

4

funds for an earmarked purpose.

5

(2) EARMARKED

PURPOSE DEFINED.—In

this

6

subsection, the term ‘‘earmarked purpose’’ means a

7

provision or report language included primarily at

8

the request of a Member, Delegate, Resident Com-

9

missioner of the House of Representatives or a Sen-

10

ator providing, authorizing, or recommending a spe-

11

cific amount of discretionary budget authority, credit

12

authority, or other spending authority for a contract,

13

loan, loan guarantee, grant, loan authority, or other

14

expenditure with or to an entity, or targeted to a

15

specific State, locality, or Congressional district,

16

other than through a statutory or administrative for-

17

mula-driven or competitive award process.

18
19

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

(a) AUTHORITY

FOR INCREASES.—With

the approval

20 of the Director of the Office of Management and Budget,
21 the Director of National Intelligence may authorize em22 ployment of civilian personnel in excess of the number au23 thorized for fiscal year 2009 by the classified Schedule of hsrobinson on PROD1PC76 with BILLS

24 Authorizations referred to in section 102(a) if the Director
25 of National Intelligence determines that such action is

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1 necessary to the performance of important intelligence
2 functions, except that the number of personnel employed
3 in excess of the number authorized under such section may
4 not, for any element of the intelligence community, exceed
5 3 percent of the number of civilian personnel authorized
6 under such Schedule for such element.
7

(b) NOTICE

TO

CONGRESSIONAL INTELLIGENCE

8 COMMITTEES.—The Director of National Intelligence
9 shall notify the congressional intelligence committees in
10 writing at least 15 days prior to each exercise of an au11 thority described in subsection (a).
12

SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC-

13
14

COUNT.

(a) AUTHORIZATION

OF

APPROPRIATIONS.—There is

15 authorized to be appropriated for the Intelligence Commu16 nity Management Account of the Director of National In17 telligence for fiscal year 2009 the sum of $648,842,000.
18 Within such amount, funds identified in the classified
19 Schedule of Authorizations referred to in section 102(a)
20 for advanced research and development shall remain avail21 able until September 30, 2010.
22

(b) AUTHORIZED PERSONNEL LEVELS.—The ele-

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24 Account of the Director of National Intelligence are au25 thorized 772 full-time or full-time equivalent personnel as

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1 of September 30, 2009. Personnel serving in such ele2 ments may be permanent employees of the Office of the
3 Director of National Intelligence or personnel detailed
4 from other elements of the United States Government.
5

(c) CONSTRUCTION

OF

AUTHORITIES.—The authori-

6 ties available to the Director of National Intelligence
7 under section 103 are also available to the Director for
8 the adjustment of personnel levels within the Intelligence
9 Community Management Account.
10

(d) CLASSIFIED AUTHORIZATIONS.—

11

(1) AUTHORIZATION

OF APPROPRIATIONS.—In

12

addition to amounts authorized to be appropriated

13

for the Intelligence Community Management Ac-

14

count by subsection (a), there are authorized to be

15

appropriated for the Community Management Ac-

16

count for fiscal year 2009 such additional amounts

17

as are specified in the classified Schedule of Author-

18

izations referred to in section 102(a). Such addi-

19

tional amounts for advanced research and develop-

20

ment shall remain available until September 30,

21

2010.

22

(2) AUTHORIZATION

OF PERSONNEL.—In

addi-

tion to the personnel authorized by subsection (b)

24 hsrobinson on PROD1PC76 with BILLS

23

for elements of the Intelligence Community Manage-

25

ment Account as of September 30, 2009, there are

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1

authorized such additional personnel for the Com-

2

munity Management Account as of that date as are

3

specified in the classified Schedule of Authorizations

4

referred to in section 102(a).

5

SEC. 105. LIMITATION ON THE USE OF COVERT ACTION

6
7

FUNDS.

(a) IN GENERAL.—Not more than 25 percent of the

8 funds authorized to be appropriated by this Act for the
9 National Intelligence Program for covert actions may be
10 obligated or expended until the date on which each mem11 ber of the congressional intelligence committees has been
12 fully and currently briefed on all authorizations for covert
13 actions in effect on April 24, 2008.
14

(b) COVERT ACTION DEFINED.—In this section, the

15 term ‘‘covert action’’ has the meaning given the term in
16 section 503(g) of the National Security Act of 1947 (50
17 U.S.C. 413b(e)).
18

SEC. 106. PROHIBITION ON USE OF FUNDS TO IMPLEMENT

19

‘‘5 AND OUT’’ PROGRAM OF THE FEDERAL BU-

20

REAU OF INVESTIGATION.

21

None of the funds authorized to be appropriated in

22 this Act may be used to implement the program of the
23 Federal Bureau of Investigation requiring the mandatory hsrobinson on PROD1PC76 with BILLS

24 reassignment of a supervisor of the Bureau after such su-

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1 pervisor serves in a management position for 5 years
2 (commonly known as the ‘‘5 and out’’ program).

6

TITLE
II—CENTRAL
INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

7

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

3
4
5

8

There is authorized to be appropriated for the Cen-

9 tral Intelligence Agency Retirement and Disability Fund
10 for fiscal year 2009 the sum of $279,200,000.
11

SEC. 202. TECHNICAL MODIFICATION TO MANDATORY RE-

12

TIREMENT PROVISION OF THE CENTRAL IN-

13

TELLIGENCE AGENCY RETIREMENT ACT.

14

Subparagraph (A) of section 235(b)(1) of the Central

15 Intelligence

Agency

Retirement

Act

(50

U.S.C.

16 2055(b)(1)) is amended by striking ‘‘receiving compensa17 tion under the Senior Intelligence Service pay schedule at
18 the rate’’ and inserting ‘‘who is at the Senior Intelligence

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19 Service rank’’.

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4

TITLE
III—GENERAL
INTELLIGENCE COMMUNITY MATTERS
Subtitle A—Personnel Matters

5

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

6

BENEFITS AUTHORIZED BY LAW.

1
2
3

7

Appropriations authorized by this Act for salary, pay,

8 retirement, and other benefits for Federal employees may
9 be increased by such additional or supplemental amounts
10 as may be necessary for increases in such compensation
11 or benefits authorized by law.
12

SEC. 302. ENHANCED FLEXIBILITY IN NONREIMBURSABLE

13

DETAILS

14

LIGENCE COMMUNITY.

15

TO

ELEMENTS

OF

THE

INTEL-

Except as provided in section 113 of the National Se-

16 curity Act of 1947 (50 U.S.C. 404h) and section
17 904(g)(2) of the Counterintelligence Enhancement Act of
18 2002 (title IX of Public Law 107–306; 50 U.S.C.
19 402c(g)(2)) and notwithstanding any other provision of
20 law, in any fiscal year after fiscal year 2008 an officer
21 or employee of the United States or member of the Armed
22 Forces may be detailed to the staff of an element of the

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23 intelligence community funded through the Community
24 Management Account from another element of the United
25 States Government on a reimbursable or nonreimbursable
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13
1 basis, as jointly agreed to by the Director of National In2 telligence and the head of the detailing element (or the
3 designees of such officials), for a period not to exceed 2
4 years.
5
6

SEC. 303. MULTI-LEVEL SECURITY CLEARANCES.

(a) IN GENERAL.—Section 102A of the National Se-

7 curity Act of 1947 (50 U.S.C. 403–1) is amended by add8 ing at the end the following new subsection:
9

‘‘(s) MULTI-LEVEL SECURITY CLEARANCES.—The

10 Director of National Intelligence shall be responsible for
11 ensuring that the elements of the intelligence community
12 adopt a multi-level security clearance approach in order
13 to enable the intelligence community to make more effec14 tive and efficient use of persons proficient in foreign lan15 guages or with cultural, linguistic, or other subject matter
16 expertise that is critical to national security.’’.
17

(b) IMPLEMENTATION.—The Director of National In-

18 telligence shall issue guidelines to the intelligence commu19 nity on the implementation of subsection (s) of section
20 102A of the National Security Act of 1947, as added by
21 subsection (a), not later than 90 days after the date of

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22 the enactment of this Act.

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1

SEC. 304. DELEGATION OF AUTHORITY FOR TRAVEL ON

2

COMMON

3

COLLECTION PERSONNEL.

4

(a) DELEGATION

CARRIERS

OF

FOR

INTELLIGENCE

AUTHORITY.—Section 116(b) of

5 the National Security Act of 1947 (50 U.S.C. 404k(b))
6 is amended—
7

(1) by inserting ‘‘(1)’’ before ‘‘The Director’’;

8

(2) in paragraph (1), as designated by para-

9

graph (1) of this subsection, by striking ‘‘may only

10

delegate’’ and all that follows and inserting ‘‘may

11

delegate the authority in subsection (a) to the head

12

of any other element of the intelligence commu-

13

nity.’’; and

14

(3) by adding at the end the following new

15

paragraph:

16

‘‘(2) The head of an element of the intelligence com-

17 munity to whom the authority in subsection (a) is dele18 gated pursuant to paragraph (1) may further delegate
19 such authority to such senior officials of such element as
20 are specified in guidelines prescribed by the Director of
21 National Intelligence for purposes of this paragraph.’’.
22

(b) SUBMISSION

OF

GUIDELINES

TO

CONGRESS.—

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24 of this Act, the Director of National Intelligence shall pre25 scribe and submit to the congressional intelligence com26 mittees the guidelines referred to in paragraph (2) of secHR 5959 PCS
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1 tion 116(b) of the National Security Act of 1947, as added
2 by subsection (a).
3

SEC. 305. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR

4
5

THE INTELLIGENCE COMMUNITY.

(a) IN GENERAL.—Title V of the National Security

6 Act of 1947 (50 U.S.C. 413 et seq.) is amended by insert7 ing after section 506A the following new section:
8

‘‘ANNUAL

PERSONNEL LEVEL ASSESSMENT FOR THE

9
10

INTELLIGENCE COMMUNITY

‘‘SEC. 506B. (a) REQUIREMENT TO PROVIDE.—The

11 Director of National Intelligence shall, in consultation
12 with the head of the element of the intelligence community
13 concerned, prepare an annual personnel level assessment
14 for such element of the intelligence community that as15 sesses the personnel levels for each such element for the
16 fiscal year following the fiscal year in which the assess17 ment is submitted.
18

‘‘(b) SCHEDULE.—Each assessment required by sub-

19 section (a) shall be submitted to the congressional intel20 ligence committees each year along with the budget sub21 mitted by the President under section 1105 of title 31,
22 United States Code.
23

‘‘(c) CONTENTS.—Each assessment required by sub-

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24 section (a) submitted during a fiscal year shall contain,
25 at a minimum, the following information for the element
26 of the intelligence community concerned:
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1
2

‘‘(1) The budget submission for personnel costs for the upcoming fiscal year.

3

‘‘(2) The dollar and percentage increase or de-

4

crease of such costs as compared to the personnel

5

costs of the current fiscal year.

6

‘‘(3) The dollar and percentage increase or de-

7

crease of such costs as compared to the personnel

8

costs during the prior 5 fiscal years.

9
10

‘‘(4) The number of personnel positions requested for the upcoming fiscal year.

11

‘‘(5) The numerical and percentage increase or

12

decrease of such number as compared to the number

13

of personnel positions of the current fiscal year.

14

‘‘(6) The numerical and percentage increase or

15

decrease of such number as compared to the number

16

of personnel positions during the prior 5 fiscal years.

17

‘‘(7) The best estimate of the number and costs

18

of contractors to be funded by the element for the

19

upcoming fiscal year.

20

‘‘(8) The numerical and percentage increase or

21

decrease of such costs of contractors as compared to

22

the best estimate of the costs of contractors of the

23

current fiscal year.

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24

‘‘(9) The numerical and percentage increase or

25

decrease of such costs of contractors as compared to

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1

the cost of contractors, and the number of contrac-

2

tors, during the prior 5 fiscal years.

3
4

‘‘(10) A written justification for the requested personnel and contractor levels.

5

‘‘(11) The number of intelligence collectors and

6

analysts employed or contracted by each element of

7

the intelligence community.

8

‘‘(12) A list of all contractors that have been

9

the subject of an investigation completed by the In-

10

spector General of any element of the intelligence

11

community during the preceding fiscal year, or are

12

or have been the subject of an investigation by such

13

an Inspector General during the current fiscal year.

14

‘‘(13) A statement by the Director of National

15

Intelligence that, based on current and projected

16

funding, the element concerned will have sufficient—

17

‘‘(A) internal infrastructure to support the

18

requested personnel and contractor levels;

19

‘‘(B) training resources to support the re-

20

quested personnel levels; and

21

‘‘(C) funding to support the administrative

22

and operational activities of the requested per-

23

sonnel levels.’’.

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24

(b) CLERICAL AMENDMENT.—The table of contents

25 in the first section of that Act is amended by inserting

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1 after the item relating to section 506A the following new
2 item:
‘‘Sec. 506B. Annual personnel level assessment for the intelligence community.’’.

3

SEC. 306. COMPREHENSIVE REPORT ON INTELLIGENCE

4
5

COMMUNITY CONTRACTORS.

(a) REQUIREMENT

FOR

REPORT.—Not later than

6 November 1, 2008, the Director of National Intelligence
7 shall submit to the congressional intelligence committees
8 a report describing the use of personal services contracts
9 across the intelligence community, the impact of such con10 tractors on the intelligence community workforce, plans
11 for conversion of contractor employment into government
12 employment, and the accountability mechanisms that gov13 ern the performance of such contractors.
14

(b) CONTENT.—

15

(1) IN

16

GENERAL.—The

report submitted under

subsection (a) shall include—
(A) a description of any relevant regula-

18

tions or guidance issued by the Director of Na-

19

tional Intelligence or the head of an element of

20

the intelligence community relating to minimum

21

standards required regarding the hiring, train-

22 hsrobinson on PROD1PC76 with BILLS

17

ing, security clearance, and assignment of con-

23

tract personnel and how those standards may

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19
1

differ from those for government employees per-

2

forming substantially similar functions;

3

(B) an identification of contracts where the

4

contractor is performing a substantially similar

5

functions to a government employee;

6

(C) an assessment of costs incurred or sav-

7

ings achieved by awarding contracts for the per-

8

formance of such functions referred to in sub-

9

paragraph (B) instead of using full-time em-

10

ployees of the elements of the intelligence com-

11

munity to perform such functions;

12

(D) an assessment of the appropriateness

13

of using contractors to perform the activities

14

described in paragraph (2);

15

(E) an estimate of the number of con-

16

tracts, and the number of personnel working

17

under such contracts, related to the perform-

18

ance of activities described in paragraph (2);

19

(F) a comparison of the compensation of

20

contract employees and government employees

21

performing substantially similar functions;
(G) an analysis of the attrition of govern-

23

ment personnel for contractor positions that

24 hsrobinson on PROD1PC76 with BILLS

22

provide substantially similar functions;

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1

(H) a description of positions that will be

2

converted from contractor employment to gov-

3

ernment employment;

4

(I) an analysis of the oversight and ac-

5

countability mechanisms applicable to personal

6

services contracts awarded for intelligence ac-

7

tivities by each element of the intelligence com-

8

munity during fiscal years 2006 and 2007;

9

(J) an analysis of procedures in use in the

10

intelligence community for conducting oversight

11

of contractors to ensure identification and pros-

12

ecution of criminal violations, financial waste,

13

fraud, or other abuses committed by contractors

14

or contract personnel; and

15

(K) an identification of best practices for

16

oversight and accountability mechanisms appli-

17

cable to personal services contracts.

18

(2) ACTIVITIES.—Activities described in this

19

paragraph are the following:

20

(A) Intelligence collection.

21

(B) Intelligence analysis.

22

(C) Covert actions, including rendition, de-

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23

tention, and interrogation activities.

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1

SEC. 307. REPORT ON PROPOSED PAY FOR PERFORMANCE

2

INTELLIGENCE

3

MANAGEMENT SYSTEM.

4

COMMUNITY

PERSONNEL

(a) PROHIBITION ON PAY FOR PERFORMANCE UNTIL

5 REPORT.—The Director of National Intelligence and the
6 head of an element of the intelligence community may not
7 implement a plan that provides compensation to personnel
8 of that element of the intelligence community based on
9 performance until the date that is 45 days after the date
10 on which the Director of National Intelligence submits a
11 report for that element under subsection (b).
12

(b) REPORT.—The Director of National Intelligence

13 shall submit to Congress a report on performance-based
14 compensation for each element of the intelligence commu15 nity, including, with respect to each such element—
16

(1) a description of a proposed employee advi-

17

sory group to advise management on the implemen-

18

tation and management of a pay for performance

19

system in that element, including the scope of re-

20

sponsibility of the group and the plan for the ele-

21

ment for ensuring diversity in the selection of mem-

22

bers of the advisory group;
(2) a certification that all managers who will

24 hsrobinson on PROD1PC76 with BILLS

23

participate in setting performance standards and

25

pay pool administration have been trained on the im-

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1

plementing guidance of the system and the criteria

2

upon which the certification is granted; and

3

(3) a description of an external appeals mecha-

4

nism for employees who wish to appeal pay decisions

5

to someone outside the management chain of the ele-

6

ment employing such employee.

7

SEC. 308. REPORT ON PLANS TO INCREASE DIVERSITY

8
9

WITHIN THE INTELLIGENCE COMMUNITY.

(a) REQUIREMENT

FOR

REPORT.—Not later than

10 November 1, 2008, the Director of National Intelligence,
11 in coordination with the heads of the elements of the intel12 ligence community, shall submit to the congressional intel13 ligence committees a report on the plans of each element
14 to increase diversity within the intelligence community.
15

(b) CONTENT.—The report required by subsection

16 (a) shall include specific implementation plans to increase
17 diversity within each element of the intelligence commu18 nity, including—
(1) specific implementation plans for each such

20

element designed to achieve the goals articulated in

21

the strategic plan of the Director of National Intel-

22

ligence on equal employment opportunity and diver-

23 hsrobinson on PROD1PC76 with BILLS

19

sity;

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1

(2) specific plans and initiatives for each such

2

element to increase recruiting and hiring of diverse

3

candidates;

4

(3) specific plans and initiatives for each such

5

element to improve retention of diverse Federal em-

6

ployees at the junior, midgrade, senior, and manage-

7

ment levels;

8

(4) a description of specific diversity awareness

9

training and education programs for senior officials

10

and managers of each such element; and

11

(5) a description of performance metrics to

12

measure the success of carrying out the plans, initia-

13

tives, and programs described in paragraphs (1)

14

through (4).

15

SEC. 309. REPORT ON SECURITY CLEARANCE DETERMINA-

16
17

TIONS.

(a) IN GENERAL.—Title V of the National Security

18 Act of 1947 (50 U.S.C. 413 et seq.) is amended by adding
19 at the end the following new section:
20
21

‘‘REPORT

ON SECURITY CLEARANCE DETERMINATIONS

‘‘SEC. 508. Not later than February 1 of each year,

22 the Director of the Office of Management and Budget
23 shall submit to Congress a report on security clearance hsrobinson on PROD1PC76 with BILLS

24 determinations completed or ongoing during the preceding
25 fiscal year that have taken longer than 1 year to complete.
26 Such report shall include—
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1

‘‘(1) the number of security clearance deter-

2

minations for positions as employees of the Federal

3

Government that required more than 1 year to com-

4

plete;

5

‘‘(2) the number of security clearance deter-

6

minations for contractors that required more than 1

7

year to complete;

8
9

‘‘(3) the agencies that investigated and adjudicated such determinations; and

10

‘‘(4) the cause of significant delays in such de-

11

terminations.’’.

12

(b) CONFORMING AMENDMENT.—The table of con-

13 tents in the first section of the National Security Act of
14 1947 (50 U.S.C. 401 et seq.) is further amended by in15 serting after the item relating to section 507 the following
16 new item:
‘‘Sec. 508. Report on security clearance determinations.’’.

17

SEC. 310. SENSE OF CONGRESS REGARDING THE NEED FOR

18
19

A ROBUST WORKFORCE.

It is the sense of Congress that—

20

(1) a robust and highly skilled aerospace indus-

21

try workforce is critical to the success of intelligence

22

community programs and operations;

hsrobinson on PROD1PC76 with BILLS

23

(2) voluntary attrition, the retirement of many

24

senior workers, and difficulties in recruiting could

25

leave the intelligence community without access to
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1

the intellectual capital and technical capabilities nec-

2

essary to identify and respond to potential threats;

3

and

4

(3) the Director of National Intelligence should

5

work cooperatively with other agencies of the Fed-

6

eral Government responsible for programs related to

7

space and the aerospace industry to develop and im-

8

plement policies, including those with an emphasis

9

on improving science, technology, engineering, and

10

mathematics education at all levels, to sustain and

11

expand the diverse workforce available to the intel-

12

ligence community.

13

Subtitle B—Other Matters

14

SEC. 311. RESTRICTION ON CONDUCT OF INTELLIGENCE

15

ACTIVITIES.

16

The authorization of appropriations by this Act shall

17 not be deemed to constitute authority for the conduct of
18 any intelligence activity which is not otherwise authorized
19 by the Constitution or the laws of the United States.
20

SEC.

312.

CLARIFICATION

OF

DEFINITION

OF

INTEL-

21

LIGENCE COMMUNITY UNDER THE NATIONAL

22

SECURITY ACT OF 1947.

23

Subparagraph (L) of section 3(4) of the National Se-

hsrobinson on PROD1PC76 with BILLS

24 curity Act of 1947 (50 U.S.C. 401a(4)) is amended by
25 striking ‘‘other’’ the second place it appears.

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1

SEC. 313. MODIFICATION OF AVAILABILITY OF FUNDS FOR

2
3

DIFFERENT INTELLIGENCE ACTIVITIES.

Subparagraph (B) of section 504(a)(3) of the Na-

4 tional Security Act of 1947 (50 U.S.C. 414(a)(3)) is
5 amended to read as follows:
6

‘‘(B) the use of such funds for such activity

7

supports an emergent need, improves program effec-

8

tiveness, or increases efficiency; and’’.

9

SEC. 314. PROTECTION OF CERTAIN NATIONAL SECURITY

10
11

INFORMATION.

(a) INCREASE

IN

PENALTIES

FOR

12 UNDERCOVER INTELLIGENCE OFFICERS
13

(1) DISCLOSURE

DISCLOSURE
AND

OF

AGENTS.—

OF AGENT AFTER ACCESS TO

14

INFORMATION IDENTIFYING AGENT.—Subsection

15

of section 601 of the National Security Act of 1947

16

(50 U.S.C. 421) is amended by striking ‘‘ten years’’

17

and inserting ‘‘15 years’’.

18

(2) DISCLOSURE

(a)

OF AGENT AFTER ACCESS TO

19

CLASSIFIED INFORMATION.—Subsection

20

section is amended by striking ‘‘five years’’ and in-

21

serting ‘‘10 years’’.

22

(b) MODIFICATIONS

23

TECTION OF

TO

(b) of such

ANNUAL REPORT

ON

PRO-

INTELLIGENCE IDENTITIES.—The first sen-

hsrobinson on PROD1PC76 with BILLS

24 tence of section 603(a) of the National Security Act of
25 1947 (50 U.S.C. 423(a)) is amended by inserting ‘‘includ26 ing an assessment of the need for any modification of this
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27
1 title for the purpose of improving legal protections for cov2 ert agents,’’ after ‘‘measures to protect the identities of
3 covert agents,’’.
4

SEC. 315. EXTENSION OF AUTHORITY TO DELETE INFORMA-

5

TION ABOUT RECEIPT AND DISPOSITION OF

6

FOREIGN GIFTS AND DECORATIONS.

7

Paragraph (4) of section 7342(f) of title 5, United

8 States Code, is amended to read as follows:
9

‘‘(4)(A) In transmitting such listings for an element

10 of the intelligence community, the head of such element
11 may delete the information described in subparagraph (A)
12 or (C) of paragraph (2) or in subparagraph (A) or (C)
13 of paragraph (3) if the head of such element certifies in
14 writing to the Secretary of State that the publication of
15 such information could adversely affect United States in16 telligence sources or methods.
17

‘‘(B) Any information not provided to the Secretary

18 of State pursuant to the authority in subparagraph (A)
19 shall be transmitted to the Director of National Intel20 ligence who shall keep a record of such information.
21

‘‘(C) In this paragraph, the term ‘intelligence com-

22 munity’ has the meaning given the term in section 3(4)
23 of the National Security Act of 1947 (50 U.S.C. hsrobinson on PROD1PC76 with BILLS

24 401a(4)).’’.

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1

SEC. 316. REPORT ON COMPLIANCE WITH THE DETAINEE

2

TREATMENT ACT OF 2005 AND RELATED PRO-

3

VISIONS OF THE MILITARY COMMISSIONS

4

ACT OF 2006.

5

(a) REPORT REQUIRED.—Not later than November

6 1, 2008, the Director of National Intelligence shall submit
7 to the congressional intelligence committees a comprehen8 sive report on all measures taken by the Office of the Di9 rector of National Intelligence and by each element, if any,
10 of the intelligence community with relevant responsibilities
11 to comply with the provisions of the Detainee Treatment
12 Act of 2005 (title X of division A of Public Law 109–
13 148; 119 Stat. 2739) and related provisions of the Mili14 tary Commissions Act of 2006 (Public Law 109–366; 120
15 Stat. 2600).
16

(b) ELEMENTS.—The report required by subsection

17 (a) shall include the following:
(1) A description of the detention or interroga-

19

tion methods, if any, that have been determined to

20

comply with section 1003 of the Detainee Treatment

21

Act of 2005 (119 Stat. 2739; 42 U.S.C. 2000dd)

22

and section 6 of the Military Commissions Act of

23

2006 (120 Stat. 2632; 18 U.S.C. 2441 note) (in-

24 hsrobinson on PROD1PC76 with BILLS

18

cluding the amendments made by such section 6),

25

and, with respect to each such method—

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1

(A) an identification of the official making

2

such determination; and

3

(B) a statement of the basis for such de-

4

termination.

5

(2) A description of the detention or interroga-

6

tion methods, if any, the use of which has been dis-

7

continued pursuant to the Detainee Treatment Act

8

of 2005 or the Military Commission Act of 2006,

9

and, with respect to each such method—

10

(A) an identification of the official making

11

the determination to discontinue such method;

12

and

13

(B) a statement of the basis for such de-

14

termination.

15

(3) A description of any actions that have been

16

taken to implement section 1004 of the Detainee

17

Treatment Act of 2005 (119 Stat. 2740; 42 U.S.C.

18

2000dd–1), and, with respect to each such action—

19

(A) an identification of the official taking

20

such action; and

21

(B) a statement of the basis for such action.

23

(4) Any other matters that the Director con-

24 hsrobinson on PROD1PC76 with BILLS

22

siders necessary to fully and currently inform the

25

congressional intelligence committees about the im-

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1

plementation of the Detainee Treatment Act of 2005

2

and related provisions of the Military Commissions

3

Act of 2006.

4

(5) An appendix containing—

5

(A) all guidelines for the application of the

6

Detainee Treatment Act of 2005 and related

7

provisions of the Military Commissions Act of

8

2006 to the detention or interrogation activi-

9

ties, if any, of any element of the intelligence

10

community; and

11

(B) all legal justifications of the Depart-

12

ment of Justice, including any office thereof,

13

about the meaning or application of the De-

14

tainee Treatment Act of 2005 or related provi-

15

sions of the Military Commissions Act of 2006

16

with respect to the detention or interrogation

17

activities, if any, of any element of the intel-

18

ligence community.

19

(c) FORM.—The report required by subsection (a)

20 shall be submitted in classified form.
21

(d) SUBMISSION

TO THE

CONGRESSIONAL ARMED

22 SERVICES COMMITTEES.—To the extent that the report
23 required by subsection (a) addresses an element of the inhsrobinson on PROD1PC76 with BILLS

24 telligence community within the Department of Defense,
25 that portion of the report, and any associated material

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31
1 that is necessary to make that portion understandable,
2 shall also be submitted by the Director of National Intel3 ligence to the congressional armed services committees.
4

(e) CONGRESSIONAL ARMED SERVICES COMMITTEE

5 DEFINED.—In this section, the term ‘‘congressional
6 armed services committees’’ means—
7

(1) the Committee on Armed Services of the

8

Senate; and

9

(2) the Committee on Armed Services of the

10
11

House of Representatives.
SEC.

317.

INCORPORATION

12
13

OF

REPORTING

REQUIRE-

MENTS.

Each requirement to submit a report to the congres-

14 sional intelligence committees that is included in the clas15 sified annex to this Act is hereby incorporated into this
16 Act and is hereby made a requirement in law.
17

SEC. 318. REPEAL OF CERTAIN REPORTING REQUIRE-

18
19
20

MENTS.

(a) ANNUAL CERTIFICATION
LIGENCE

ON

COUNTERINTEL-

INITIATIVES.—Section 1102(b) of the National

21 Security Act of 1947 (50 U.S.C. 442a(b)) is amended—
22

(1) by striking ‘‘(1)’’; and

23

(2) by striking paragraph (2).

hsrobinson on PROD1PC76 with BILLS

24

(b) REPORT AND CERTIFICATION UNDER TERRORIST

25 IDENTIFICATION CLASSIFICATION SYSTEM.—Section 343

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1 of the Intelligence Authorization Act for Fiscal Year 2003
2 (50 U.S.C. 404n–2) is amended—
3

(1) by striking subsection (d); and

4

(2) by redesignating subsections (e), (f), (g),

5

and (h) as subsections (d), (e), (f), and (g), respec-

6

tively.

7

(c) ANNUAL REPORT

8

LIGENCE

COUNTERDRUG INTEL-

ON

MATTERS.—Section 826 of the Intelligence Au-

9 thorization Act for Fiscal Year 2003 (Public Law 107–
10 306; 116 Stat. 2429; 21 U.S.C. 873 note) is repealed.
11

(d) CONFORMING AMENDMENTS.—Section 507(a)(2)

12 of the National Security Act of 1947 (50 U.S.C.
13 415b(a)(2)) is amended by striking subparagraph (D).
14

SEC. 319. ENHANCEMENT OF CRITICAL SKILLS TRAINING

15
16

PROGRAM.

(a) NATIONAL SECURITY AGENCY.—Subsection (e)

17 of section 16 of the National Security Agency Act of 1959
18 (50 U.S.C. 402 note) is amended by striking ‘‘(1) When
19 an employee’’ and all that follows through ‘‘(2) Agency
20 efforts’’ and inserting ‘‘Agency efforts’’.
21
22

(b) OTHER ELEMENTS

OF THE INTELLIGENCE

COM-

MUNITY.—

23

(1) IN

GENERAL.—The

National Security Act

hsrobinson on PROD1PC76 with BILLS

24

of 1947 is amended by inserting after section 1021

25

(50 U.S.C. 441m) the following new section:

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1

‘‘INTELLIGENCE

COMMUNITY ACQUISITION OF CRITICAL

2
3

SKILLS

‘‘SEC. 1022. (a) IN GENERAL.—The head of an ap-

4 propriate department may assign civilian employees of an
5 element of the intelligence community that is a component
6 of such appropriate department as students at accredited
7 professional, technical, and other institutions of higher
8 learning for training at the undergraduate level in skills
9 critical to effective performance of the mission of such ele10 ment of the intelligence community.
11

‘‘(b) PAYMENT

OF

EXPENSES.—The head of an ap-

12 propriate department may pay, directly or by reimburse13 ment to employees, expenses incident to assignments
14 under subsection (a), in any fiscal year only to the extent
15 that appropriated funds are available for such purpose.
16

‘‘(c) ELIGIBILITY.—

17

‘‘(1) IN

GENERAL.—To

be eligible for assign-

18

ment under subsection (a), an employee of an ele-

19

ment of the intelligence community must agree in

20

writing—
‘‘(A) to continue in the service of such ele-

22

ment for the period of the assignment and to

23

complete the educational course of training for

24 hsrobinson on PROD1PC76 with BILLS

21

which the employee is assigned;

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34
1

‘‘(B) to continue in the service of such ele-

2

ment following completion of the assignment for

3

a period of one-and-a-half years for each year

4

of the assignment or part thereof;

5

‘‘(C) to reimburse the United States for

6

the total cost of education (excluding the em-

7

ployee’s pay and allowances) provided under

8

this section to the employee if, prior to the em-

9

ployee’s completing the educational course of

10

training for which the employee is assigned, the

11

assignment or the employee’s employment with

12

such element is terminated either by such ele-

13

ment due to misconduct by the employee or by

14

the employee voluntarily; and
‘‘(D) to reimburse the United States if,

16

after completing the educational course of

17

training for which the employee is assigned, the

18

employee’s employment with such element is

19

terminated either by such element due to mis-

20

conduct by the employee or by the employee vol-

21

untarily, prior to the employee’s completion of

22

the service obligation period described in sub-

23

paragraph (B), in an amount that bears the

24 hsrobinson on PROD1PC76 with BILLS

15

same ratio to the total cost of the education

25

(excluding the employee’s pay and allowances)

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35
1

provided to the employee as the unserved por-

2

tion of the service obligation period described in

3

subparagraph (B) bears to the total period of

4

the service obligation described in subparagraph

5

(B).

6

‘‘(2) DEBT

OWING THE UNITED STATES.—Sub-

7

ject to paragraph (3), the obligation to reimburse

8

the United States under an agreement described in

9

paragraph (1), including interest due on such obliga-

10

tion, is for all purposes a debt owing the United

11

States.

12

‘‘(3) REIMBURSEMENT.—
‘‘(A) BANKRUPTCY.—A discharge in bank-

14

ruptcy under title 11, United States Code, shall

15

not release a person from an obligation to reim-

16

burse the United States required under an

17

agreement described in paragraph (1) if the

18

final decree of the discharge in bankruptcy is

19

issued within five years after the last day of the

20

combined period of service obligation described

21

in subparagraphs (A) and (B) of paragraph (1).

22

‘‘(B) RELEASE.—The head of an appro-

23

priate department may release a person, in

24 hsrobinson on PROD1PC76 with BILLS

13

whole or in part, from the obligation to reim-

25

burse the United States under an agreement

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1

described in paragraph (1) when, in the discre-

2

tion of such head of an appropriate department,

3

such head of an appropriate department deter-

4

mines that equity or the interests of the United

5

States so require.

6

‘‘(C) MONTHLY

PAYMENTS.—The

head of

7

an appropriate department shall permit an em-

8

ployee assigned under this section who, prior to

9

commencing a second academic year of such as-

10

signment, voluntarily terminates the assignment

11

or the employee’s employment with the element

12

of the intelligence community that is a compo-

13

nent of such appropriate department, to satisfy

14

the employee’s obligation under an agreement

15

described in paragraph (1) to reimburse the

16

United States by reimbursement according to a

17

schedule of monthly payments which results in

18

completion of reimbursement by a date five

19

years after the date of termination of the as-

20

signment or employment or earlier at the option

21

of the employee.

22

‘‘(d) RECRUITMENT.—Efforts by an element of the

23 intelligence community to recruit individuals at eduhsrobinson on PROD1PC76 with BILLS

24 cational institutions for participation in the undergraduate
25 training program established by this section shall be made

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37
1 openly and according to the common practices of univer2 sities and employers recruiting at such institutions.
3
4

‘‘(e) INAPPLICATION
ING.—Chapter

OF

PROVISIONS

ON

TRAIN-

41 of title 5 and subsections (a) and (b)

5 of section 3324 of title 31, United States Code, shall not
6 apply with respect to this section.
7

‘‘(f) REGULATIONS.—A head of the appropriate de-

8 partment assigning employees in accordance with this sec9 tion may issue such regulations as such head of the appro10 priate department considers necessary to carry out this
11 section.
12

‘‘(g) RULES OF CONSTRUCTION.—

13
14

‘‘(1) COMPONENT.—For purposes of this section—

15

‘‘(A) the Office of the Director of National

16

Intelligence shall be considered a component of

17

such Office; and

18

‘‘(B) the Central Intelligence Agency shall

19

be considered a component of such Agency.

20

‘‘(2) REQUIRED

EDUCATION PROGRAMS.—Noth-

ing in this section shall be construed to modify, af-

22

fect, or supercede any provision of law requiring or

23

otherwise authorizing or providing for a training

24 hsrobinson on PROD1PC76 with BILLS

21

program described in this section.

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1

‘‘(h) APPROPRIATE DEPARTMENT DEFINED.—In this

2 section, the term ‘appropriate department’ means—
3

‘‘(1) with respect to the Office of the Director

4

of National Intelligence, the Office of the Director of

5

National Intelligence;

6
7

‘‘(2) with respect to the Central Intelligence
Agency, Central Intelligence Agency; and

8

‘‘(3) with respect to an element of the intel-

9

ligence community other than the Office of the Di-

10

rector of National Intelligence and the Central Intel-

11

ligence Agency, the department of the Federal Gov-

12

ernment of which such element of the intelligence

13

community is a component.’’.

14

(2) CONFORMING

AMENDMENT.—The

table of

15

contents in the first section of the National Security

16

Act of 1947 (50 U.S.C. 401 et seq.) is amended by

17

inserting after the item relating to section 1021 the

18

following new item:
‘‘Sec. 1022. Intelligence community acquisition of critical skills.’’.

19

SEC. 320. COMPREHENSIVE NATIONAL CYBERSECURITY

20
21

INITIATIVE ADVISORY PANEL.

Not later than February 1, 2009, the President shall

22 submit to Congress a report on options for creating an hsrobinson on PROD1PC76 with BILLS

23 advisory panel comprised of representatives of Congress,
24 the Executive Branch, and the private sector to make pol25 icy and procedural recommendations for—
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1
2

(1) information security for the Federal Government;

3

(2) critical infrastructure;

4

(3) the authorities, roles, responsibilities of the

5

intelligence community, Department of Homeland

6

Security, and Department of Defense for purposes

7

of

8

Cybersecurity Initiative as described in National Se-

9

curity Policy Directive 54/Homeland Security Policy

10

Directive 23 entitled ‘‘Cybersecurity Policy’’ signed

11

by the President on January 8, 2008; and

supporting

the

Comprehensive

National

12

(4) other matters related to paragraphs (1)

13

through (3) as the President considers appropriate.

14

SEC. 321. EXCEPTION TO ALTERNATIVE FUEL PROCURE-

15
16

MENT REQUIREMENT.

Section 526(a) of the Energy Independence and Se-

17 curity Act of 2007 (42 U.S.C. 17142(a)) does not prohibit
18 an element of the intelligence community from entering
19 into a contract to purchase a generally available fuel that
20 is not an alternative or synthetic fuel or predominantly
21 produced from a nonconventional petroleum source, if—
(1) the contract does not specifically require the

23

contractor to provide an alternative or synthetic fuel

24 hsrobinson on PROD1PC76 with BILLS

22

or fuel from a nonconventional petroleum source;

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1

(2) the purpose of the contract is not to obtain

2

an alternative or synthetic fuel or fuel from a non-

3

conventional petroleum source; and

4

(3) the contract does not provide incentives for

5

a refinery upgrade or expansion to allow a refinery

6

to use or increase its use of fuel from a nonconven-

7

tional petroleum source.

12

TITLE IV—MATTERS RELATING
TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A—Office of the Director of National Intelligence

13

SEC. 401. CLARIFICATION OF LIMITATION ON COLOCATION

14

OF THE OFFICE OF THE DIRECTOR OF NA-

15

TIONAL INTELLIGENCE.

8
9
10
11

16

Section 103(e) of the National Security Act of 1947

17 (50 U.S.C. 403–3(e)) is amended—
18
19

(1) by striking ‘‘WITH’’ and inserting ‘‘OF
HEADQUARTERS WITH HEADQUARTERS

20
21

(2) by inserting ‘‘the headquarters of’’ before
‘‘the Office’’; and

22

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23

OF’’;

(3) by striking ‘‘any other element’’ and inserting ‘‘the headquarters of any other element’’.

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1

SEC. 402. MEMBERSHIP OF THE DIRECTOR OF NATIONAL

2

INTELLIGENCE ON THE TRANSPORTATION

3

SECURITY OVERSIGHT BOARD.

4

Subparagraph (F) of section 115(b)(1) of title 49,

5 United States Code, is amended to read as follows:
6

‘‘(F) The Director of National Intel-

7
8

ligence.’’.
SEC. 403. ADDITIONAL DUTIES OF THE DIRECTOR OF

9
10

SCIENCE AND TECHNOLOGY.

Section 103E of the National Security Act of 1947

11 (50 U.S.C. 403–3e) is amended—
12

(1) in subsection (c)—

13

(A) by redesignating paragraph (5) as

14

paragraph (7);

15

(B) in paragraph (4), by striking ‘‘and’’ at

16

the end; and

17

(C) by inserting after paragraph (4) the

18

following:

19

‘‘(5) assist the Director in establishing goals for

20

basic, applied, and advanced research to meet the

21

technology needs of the intelligence community;
‘‘(6) submit to the congressional intelligence

23

committees an annual report on the science and

24 hsrobinson on PROD1PC76 with BILLS

22

technology strategy of the Director that shows re-

25

sources mapped to the goals of the intelligence com-

26

munity; and’’; and
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1

(2) in subsection (d)(3)—

2

(A) in subparagraph (A)—

3

(i) by inserting ‘‘and prioritize’’ after

4

‘‘coordinate’’; and

5

(ii) by striking ‘‘; and’’ and inserting

6

‘‘;’’;

7

(B) by redesignating subparagraph (B) as

8

subparagraph (C); and

9

(C) by inserting after subparagraph (A)

10

the following new subparagraph:

11

‘‘(B) identify basic, advanced, and applied

12

research programs to be executed by elements

13

of the intelligence community; and’’.

14

SEC. 404. LEADERSHIP AND LOCATION OF CERTAIN OF-

15
16
17

FICES AND OFFICIALS.

(a) NATIONAL COUNTER PROLIFERATION CENTER.—Section

119A(a) of the National Security Act of

18 1947 (50 U.S.C. 404o–1(a)) is amended—
19

(1) by striking ‘‘(a) ESTABLISHMENT.—Not

20

later than 18 months after the date of the enact-

21

ment of the National Security Intelligence Reform

22

Act of 2004, the’’ and inserting the following:

23

‘‘(a) IN GENERAL.—

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24

‘‘(1) ESTABLISHMENT.—The’’; and

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1
2

(2) by adding at the end the following new paragraphs: 3

‘‘(2) DIRECTOR.—The head of the National

4

Counter Proliferation Center shall be the Director of

5

the National Counter Proliferation Center, who shall

6

be appointed by the Director of National Intel-

7

ligence.

8

‘‘(3) LOCATION.—The National Counter Pro-

9

liferation Center shall be located within the Office of

10

the Director of National Intelligence.’’.

11

(b) OFFICERS.—Section 103(c) of that Act (50

12 U.S.C. 403–3(c)) is amended—
13
14

(1) by redesignating paragraph (9) as paragraph (13); and

15
16

(2) by inserting after paragraph (8) the following new paragraphs:

17
18

‘‘(9) The Chief Information Officer of the Intelligence Community.

19
20

‘‘(10) The Inspector General of the Intelligence
Community.

21
22

‘‘(11)

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Director

of

the

‘‘(12) The Director of the National Counter
Proliferation Center.’’.

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National

Counterterrorism Center.

23
24

The

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1

SEC. 405. PLAN TO IMPLEMENT RECOMMENDATIONS OF

2

THE DATA CENTER ENERGY EFFICIENCY RE-

3

PORTS.

4

(a) PLAN.—The Director of National Intelligence

5 shall develop a plan to implement the recommendations
6 of the report submitted to Congress under section 1 of
7 the Act entitled ‘‘An Act to study and promote the use
8 of energy efficient computer servers in the United States’’
9 (Public Law 109–431; 120 Stat. 2920) across the intel10 ligence community.
11

(b) REPORT.—

12

(1) IN

GENERAL.—Not

later then November 1,

13

2008, the Director of National Intelligence shall

14

submit to the congressional intelligence committees a

15

report containing the plan developed under sub-

16

section (a).

17

(2) FORM.—The report under paragraph (1)

18

shall be submitted in unclassified form, but may

19

contain a classified annex.

20

SEC. 406. SEMIANNUAL REPORTS ON NUCLEAR PROGRAMS

21

OF IRAN, SYRIA, AND NORTH KOREA.

22

(a) REPORTS.—

23

(1) IN

GENERAL.—Title

V of the National Se-

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24

curity Act of 1947 (50 U.S.C. 413 et seq.), as

25

amended by title III, is further amended by adding

26

at the end the following new section:
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45
1 ‘‘SEMIANNUAL
2
3

REPORTS ON THE NUCLEAR PROGRAMS OF

IRAN, SYRIA, AND NORTH KOREA

‘‘SEC. 509. (a) REQUIREMENT

FOR

REPORTS.—Not

4 less frequently than every 180 days, the Director of Na5 tional Intelligence shall submit to the congressional intel6 ligence committees a report on the intentions and capabili7 ties of the Islamic Republic of Iran, the Syrian Arab Re8 public, and the Democratic People’s Republic of Korea,
9 with regard to the nuclear programs of each such country.
10

‘‘(b) CONTENT.—Each report submitted under sub-

11 section (a) shall include, with respect to the Islamic Re12 public of Iran, the Syrian Arab Republic, and the Demo13 cratic People’s Republic of Korea—
14
15

‘‘(1) an assessment of nuclear weapons programs of each such country;

16

‘‘(2) an evaluation, consistent with existing re-

17

porting standards and practices, of the sources upon

18

which the intelligence used to prepare the assess-

19

ment described in paragraph (1) is based, including

20

the number of such sources and an assessment of

21

the reliability of each such source;
‘‘(3) a summary of any intelligence related to

23

any such program gathered or developed since the

24 hsrobinson on PROD1PC76 with BILLS

22

previous report was submitted under subsection (a),

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1

including intelligence collected from both open and

2

clandestine sources for each such country; and

3

‘‘(4) a discussion of any dissents, caveats, gaps

4

in knowledge, or other information that would re-

5

duce confidence in the assessment described in para-

6

graph (1).

7

‘‘(c) NATIONAL INTELLIGENCE ESTIMATE.—The Di-

8 rector of National Intelligence may submit a National In9 telligence Estimate on the intentions and capabilities of
10 the Islamic Republic of Iran, the Syrian Arab Republic,
11 or the Democratic People’s Republic of Korea in lieu of
12 a report required by subsection (a) for that country.
13

‘‘(d) FORM.—Each report submitted under sub-

14 section (a) may be submitted in classified form.’’.
15

(2) APPLICABILITY

DATE.—The

first report re-

16

quired to be submitted under section 509 of the Na-

17

tional Security Act of 1947, as added by paragraph

18

(1), shall be submitted not later than 30 days after

19

the date of the enactment of this Act.

20

(b) CONFORMING AMENDMENT.—The table of con-

21 tents in the first section of the National Security Act of
22 1947 (50 U.S.C. 401 et seq.) is amended by inserting
23 after the item relating to section 508 the following new hsrobinson on PROD1PC76 with BILLS

24 item:
‘‘Sec. 509. Semiannual reports on the nuclear programs of Iran, Syria, and
North Korea.’’.

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1

SEC. 407. TITLE OF CHIEF INFORMATION OFFICER OF THE

2
3

INTELLIGENCE COMMUNITY.

Section 103G of the National Security Act of 1947

4 (50 U.S.C. 403–3g) is amended—
5

(1) in subsection (a), by inserting ‘‘of the Intel-

6

ligence Community’’ after ‘‘Chief Information Offi-

7

cer’’;

8

(2) in subsection (b), by inserting ‘‘of the Intel-

9

ligence Community’’ after ‘‘Chief Information Offi-

10

cer’’;

11

(3) in subsection (c), by inserting ‘‘of the Intel-

12

ligence Community’’ after ‘‘Chief Information Offi-

13

cer’’; and

14

(4) in subsection (d), by inserting ‘‘of the Intel-

15

ligence Community’’ after ‘‘Chief Information Offi-

16

cer’’.

17

SEC. 408. INSPECTOR GENERAL OF THE INTELLIGENCE

18
19

COMMUNITY.

(a) ESTABLISHMENT.—

20

(1) IN

GENERAL.—Title

I of the National Secu-

rity Act of 1947 (50 U.S.C. 402 et seq.) is amended

22

by inserting after section 103G the following new

23 hsrobinson on PROD1PC76 with BILLS

21

section:

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1

‘‘INSPECTOR

GENERAL OF THE INTELLIGENCE

2
3
4

COMMUNITY

‘‘SEC. 103H. (a) OFFICE
OF INTELLIGENCE

OF

INSPECTOR GENERAL

COMMUNITY.—There is within the Of-

5 fice of the Director of National Intelligence an Office of
6 the Inspector General of the Intelligence Community.
7

‘‘(b) PURPOSE.—The purpose of the Office of the In-

8 spector General of the Intelligence Community is to—
9

‘‘(1) create an objective and effective office, ap-

10

propriately accountable to Congress, to initiate and

11

conduct independently investigations, inspections,

12

and audits on matters within the responsibility and

13

authority of the Director of National Intelligence;

14

‘‘(2) recommend policies designed—

15

‘‘(A) to promote economy, efficiency, and

16

effectiveness in the administration and imple-

17

mentation of matters within the responsibility

18

and authority of the Director of National Intel-

19

ligence; and

20

‘‘(B) to prevent and detect fraud and abuse in such matters;

22

‘‘(3) provide a means for keeping the Director

23

of National Intelligence fully and currently informed

24 hsrobinson on PROD1PC76 with BILLS

21

about—

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1

‘‘(A) problems and deficiencies relating to

2

matters within the responsibility and authority

3

of the Director of National Intelligence; and

4

‘‘(B) the necessity for, and the progress of,

5

corrective actions; and

6

‘‘(4) in the manner prescribed by this section,

7

ensure that the congressional intelligence committees

8

are kept similarly informed of—

9

‘‘(A) significant problems and deficiencies

10

relating to matters within the responsibility and

11

authority of the Director of National Intel-

12

ligence; and

13

‘‘(B) the necessity for, and the progress of,

14

corrective actions.

15

‘‘(c) INSPECTOR GENERAL

16

MUNITY.—(1)

OF

INTELLIGENCE COM-

There is an Inspector General of the Intel-

17 ligence Community, who shall be the head of the Office
18 of the Inspector General of the Intelligence Community,
19 who shall be appointed by the President, by and with the
20 advice and consent of the Senate.
21

‘‘(2) The nomination of an individual for appointment

22 as Inspector General shall be made—
‘‘(A) without regard to political affiliation;

24 hsrobinson on PROD1PC76 with BILLS

23

‘‘(B) solely on the basis of integrity, compliance

25

with the security standards of the intelligence com-

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50
1

munity, and prior experience in the field of intel-

2

ligence or national security; and

3

‘‘(C) on the basis of demonstrated ability in ac-

4

counting, financial analysis, law, management anal-

5

ysis, public administration, or auditing.

6

‘‘(3) The Inspector General shall report directly to

7 and be under the general supervision of the Director of
8 National Intelligence.
9

‘‘(4) The Inspector General may be removed from of-

10 fice only by the President. The President shall imme11 diately communicate in writing to the congressional intel12 ligence committees the reasons for the removal of any indi13 vidual from the position of Inspector General.
14

‘‘(d) DUTIES

AND

RESPONSIBILITIES.—Subject to

15 subsections (g) and (h), it shall be the duty and responsi16 bility of the Inspector General of the Intelligence Commu17 nity—
‘‘(1) to provide policy direction for, and to plan,

19

conduct, supervise, and coordinate independently,

20

the investigations, inspections, and audits relating to

21

matters within the responsibility and authority of

22

the Director of National Intelligence to ensure they

23

are conducted efficiently and in accordance with ap-

24 hsrobinson on PROD1PC76 with BILLS

18

plicable law and regulations;

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1

‘‘(2) to keep the Director of National Intel-

2

ligence fully and currently informed concerning vio-

3

lations of law and regulations, violations of civil lib-

4

erties and privacy, fraud and other serious problems,

5

abuses, and deficiencies that may occur in matters

6

within the responsibility and authority of the Direc-

7

tor, and to report the progress made in imple-

8

menting corrective action;

9

‘‘(3) to take due regard for the protection of in-

10

telligence sources and methods in the preparation of

11

all reports issued by the Inspector General, and, to

12

the extent consistent with the purpose and objective

13

of such reports, take such measures as may be ap-

14

propriate to minimize the disclosure of intelligence

15

sources and methods described in such reports; and

16

‘‘(4) in the execution of the duties and respon-

17

sibilities under this section, to comply with generally

18

accepted government auditing standards.

19

‘‘(e) LIMITATIONS

ON

ACTIVITIES.—(1) The Director

20 of National Intelligence may prohibit the Inspector Gen21 eral of the Intelligence Community from initiating, car22 rying out, or completing any investigation, inspection, or
23 audit if the Director determines that such prohibition is hsrobinson on PROD1PC76 with BILLS

24 necessary to protect vital national security interests of the
25 United States.

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1

‘‘(2) If the Director exercises the authority under

2 paragraph (1), the Director shall submit an appropriately
3 classified statement of the reasons for the exercise of such
4 authority within 7 days to the congressional intelligence
5 committees.
6

‘‘(3) The Director shall advise the Inspector General

7 at the time a report under paragraph (2) is submitted,
8 and, to the extent consistent with the protection of intel9 ligence sources and methods, provide the Inspector Gen10 eral with a copy of such report.
11

‘‘(4) The Inspector General may submit to the con-

12 gressional intelligence committees any comments on a re13 port of which the Inspector General has notice under para14 graph (3) that the Inspector General considers appro15 priate.
16

‘‘(f) AUTHORITIES.—(1) The Inspector General of

17 the Intelligence Community shall have direct and prompt
18 access to the Director of National Intelligence when nec19 essary for any purpose pertaining to the performance of
20 the duties of the Inspector General.
21

‘‘(2)(A) The Inspector General shall have access to

22 any employee, or any employee of a contractor, of any ele23 ment of the intelligence community whose testimony is hsrobinson on PROD1PC76 with BILLS

24 needed for the performance of the duties of the Inspector
25 General.

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1

‘‘(B) The Inspector General shall have direct access

2 to all records, reports, audits, reviews, documents, papers,
3 recommendations, or other material which relate to the
4 programs and operations with respect to which the Inspec5 tor General has responsibilities under this section.
6

‘‘(C) The level of classification or compartmentation

7 of information shall not, in and of itself, provide a suffi8 cient rationale for denying the Inspector General access
9 to any materials under subparagraph (B).
10

‘‘(D) Failure on the part of any employee, or any em-

11 ployee of a contractor, of any element of the intelligence
12 community to cooperate with the Inspector General shall
13 be grounds for appropriate administrative actions by the
14 Director or, on the recommendation of the Director, other
15 appropriate officials of the intelligence community, includ16 ing loss of employment or the termination of an existing
17 contractual relationship.
18

‘‘(3) The Inspector General is authorized to receive

19 and investigate complaints or information from any person
20 concerning the existence of an activity constituting a viola21 tion of laws, rules, or regulations, or mismanagement,
22 gross waste of funds, abuse of authority, or a substantial
23 and specific danger to the public health and safety. Once hsrobinson on PROD1PC76 with BILLS

24 such complaint or information has been received from an
25 employee of the Federal Government—

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1

‘‘(A) the Inspector General shall not disclose

2

the identity of the employee without the consent of

3

the employee, unless the Inspector General deter-

4

mines that such disclosure is unavoidable during the

5

course of the investigation or the disclosure is made

6

to an official of the Department of Justice respon-

7

sible for determining whether a prosecution should

8

be undertaken; and

9

‘‘(B) no action constituting a reprisal, or threat

10

of reprisal, for making such complaint may be taken

11

by any employee in a position to take such actions,

12

unless the complaint was made or the information

13

was disclosed with the knowledge that it was false

14

or with willful disregard for its truth or falsity.

15

‘‘(4) The Inspector General shall have authority to

16 administer to or take from any person an oath, affirma17 tion, or affidavit, whenever necessary in the performance
18 of the duties of the Inspector General, which oath, affir19 mation, or affidavit when administered or taken by or be20 fore an employee of the Office of the Inspector General
21 of the Intelligence Community designated by the Inspector
22 General shall have the same force and effect as if adminis23 tered or taken by, or before, an officer having a seal. hsrobinson on PROD1PC76 with BILLS

24

‘‘(5)(A) Except as provided in subparagraph (B), the

25 Inspector General is authorized to require by subpoena the

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55
1 production of all information, documents, reports, an2 swers, records, accounts, papers, and other data and docu3 mentary evidence necessary in the performance of the du4 ties and responsibilities of the Inspector General.
5

‘‘(B) In the case of departments, agencies, and other

6 elements of the United States Government, the Inspector
7 General shall obtain information, documents, reports, an8 swers, records, accounts, papers, and other data and evi9 dence for the purpose specified in subparagraph (A) using
10 procedures other than by subpoenas.
11

‘‘(C) The Inspector General may not issue a subpoena

12 for, or on behalf of, any other element of the intelligence
13 community, including the Office of the Director of Na14 tional Intelligence.
15

‘‘(D) In the case of contumacy or refusal to obey a

16 subpoena issued under this paragraph, the subpoena shall
17 be enforceable by order of any appropriate district court
18 of the United States.
19
20

‘‘(g) COORDINATION AMONG INSPECTORS GENERAL
OF

INTELLIGENCE COMMUNITY.—(1)(A) In the event of

21 a matter within the jurisdiction of the Inspector General
22 of the Intelligence Community that may be subject to an
23 investigation, inspection, or audit by both the Inspector hsrobinson on PROD1PC76 with BILLS

24 General of the Intelligence Community and an Inspector
25 General, whether statutory or administrative, with over-

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1 sight responsibility for an element or elements of the intel2 ligence community, the Inspector General of the Intel3 ligence Community and such other Inspector or Inspectors
4 General shall expeditiously resolve the question of which
5 Inspector General shall conduct such investigation, inspec6 tion, or audit.
7

‘‘(B) In attempting to resolve a question under sub-

8 paragraph (A), the Inspectors General concerned may re9 quest the assistance of the Intelligence Community Inspec10 tors General Forum established under subparagraph (C).
11 In the event of a dispute between an Inspector General
12 within an agency or department of the United States Gov13 ernment and the Inspector General of the Intelligence
14 Community that has not been resolved with the assistance
15 of the Forum, the Inspectors General shall submit the
16 question to the Director of National Intelligence and the
17 head of the agency or department for resolution.
18

‘‘(C) There is established the Intelligence Community

19 Inspectors General Forum which shall consist of all statu20 tory or administrative Inspectors General with oversight
21 responsibility for an element or elements of the intelligence
22 community. The Inspector General of the Intelligence
23 Community shall serve as the chair of the Forum. The hsrobinson on PROD1PC76 with BILLS

24 Forum shall have no administrative authority over any In25 spector General, but shall serve as a mechanism for in-

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1 forming its members of the work of individual members
2 of the Forum that may be of common interest and dis3 cussing questions about jurisdiction or access to employ4 ees, employees of a contractor, records, audits, reviews,
5 documents, recommendations, or other materials that may
6 involve or be of assistance to more than one of its mem7 bers.
8

‘‘(2) The Inspector General conducting an investiga-

9 tion, inspection, or audit covered by paragraph (1) shall
10 submit the results of such investigation, inspection, or
11 audit to any other Inspector General, including the Inspec12 tor General of the Intelligence Community, with jurisdic13 tion to conduct such investigation, inspection, or audit
14 who did not conduct such investigation, inspection, or
15 audit.
16

‘‘(h) STAFF

AND

OTHER SUPPORT.—(1) The Inspec-

17 tor General of the Intelligence Community shall be pro18 vided with appropriate and adequate office space at cen19 tral and field office locations, together with such equip20 ment, office supplies, maintenance services, and commu21 nications facilities and services as may be necessary for
22 the operation of such offices.
23

‘‘(2)(A) Subject to applicable law and the policies of

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24 the Director of National Intelligence, the Inspector Gen25 eral shall select, appoint, and employ such officers and em-

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1 ployees as may be necessary to carry out the functions
2 of the Inspector General. The Inspector General shall en3 sure that any officer or employee so selected, appointed,
4 or employed has security clearances appropriate for the
5 assigned duties of such officer or employee.
6

‘‘(B) In making selections under subparagraph (A),

7 the Inspector General shall ensure that such officers and
8 employees have the requisite training and experience to
9 enable the Inspector General to carry out the duties of
10 the Inspector General effectively.
11

‘‘(C) In meeting the requirements of this paragraph,

12 the Inspector General shall create within the Office of the
13 Inspector General of the Intelligence Community a career
14 cadre of sufficient size to provide appropriate continuity
15 and objectivity needed for the effective performance of the
16 duties of the Inspector General.
17

‘‘(3)(A) Subject to the concurrence of the Director,

18 the Inspector General may request such information or as19 sistance as may be necessary for carrying out the duties
20 and responsibilities of the Inspector General from any de21 partment, agency, or other element of the United States
22 Government.
23

‘‘(B) Upon request of the Inspector General for infor-

hsrobinson on PROD1PC76 with BILLS

24 mation or assistance under subparagraph (A), the head
25 of the department, agency, or element concerned shall, in-

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1 sofar as is practicable and not in contravention of any ex2 isting statutory restriction or regulation of the depart3 ment, agency, or element, furnish to the Inspector Gen4 eral, or to an authorized designee, such information or as5 sistance.
6

‘‘(C) The Inspector General of the Intelligence Com-

7 munity may, upon reasonable notice to the head of any
8 element of the intelligence community, conduct, as author9 ized by this section, an investigation, inspection, or audit
10 of such element and may enter into any place occupied
11 by such element for purposes of the performance of the
12 duties of the Inspector General.
13

‘‘(i) REPORTS.—(1)(A) The Inspector General of the

14 Intelligence Community shall, not later than January 31
15 and July 31 of each year, prepare and submit to the Di16 rector of National Intelligence a classified, and, as appro17 priate, unclassified semiannual report summarizing the ac18 tivities of the Office of the Inspector General of the Intel19 ligence Community during the immediately preceding 620 month period ending December 31 (of the preceding year)
21 and June 30, respectively. The Inspector General of the
22 Intelligence Community shall provide any portion of the
23 report involving a component of a department of the hsrobinson on PROD1PC76 with BILLS

24 United States Government to the head of that department

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60
1 simultaneously with submission of the report to the Direc2 tor of National Intelligence.
3

‘‘(B) Each report under this paragraph shall include,

4 at a minimum, the following:
5

‘‘(i) A list of the title or subject of each inves-

6

tigation, inspection, or audit conducted during the

7

period covered by such report, including a summary

8

of the progress of each particular investigation, in-

9

spection, or audit since the preceding report of the

10

Inspector General under this paragraph.

11

‘‘(ii) A description of significant problems,

12

abuses, and deficiencies relating to the administra-

13

tion and implementation of programs and operations

14

of the intelligence community, and in the relation-

15

ships between elements of the intelligence commu-

16

nity, identified by the Inspector General during the

17

period covered by such report.

18

‘‘(iii) A description of the recommendations for

19

corrective or disciplinary action made by the Inspec-

20

tor General during the period covered by such report

21

with respect to significant problems, abuses, or defi-

22

ciencies identified in clause (ii).
‘‘(iv) A statement whether or not corrective or

24 hsrobinson on PROD1PC76 with BILLS

23

disciplinary action has been completed on each sig-

25

nificant recommendation described in previous semi-

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1

annual reports, and, in a case where corrective ac-

2

tion has been completed, a description of such cor-

3

rective action.

4

‘‘(v) A certification whether or not the Inspec-

5

tor General has had full and direct access to all in-

6

formation relevant to the performance of the func-

7

tions of the Inspector General.

8

‘‘(vi) A description of the exercise of the sub-

9

poena authority under subsection (f)(5) by the In-

10

spector General during the period covered by such

11

report.

12

‘‘(vii) Such recommendations as the Inspector

13

General considers appropriate for legislation to pro-

14

mote economy, efficiency, and effectiveness in the

15

administration and implementation of matters within

16

the responsibility and authority of the Director of

17

National Intelligence, and to detect and eliminate

18

fraud and abuse in such matters.

19

‘‘(C) Not later than the 30 days after the date of

20 receipt of a report under subparagraph (A), the Director
21 shall transmit the report to the congressional intelligence
22 committees together with any comments the Director con23 siders appropriate. The Director shall transmit to the hsrobinson on PROD1PC76 with BILLS

24 committees of the Senate and of the House of Representa25 tives with jurisdiction over a department of the United

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1 States Government any portion of the report involving a
2 component of such department simultaneously with sub3 mission of the report to the congressional intelligence com4 mittees.
5

‘‘(2)(A) The Inspector General shall report imme-

6 diately to the Director whenever the Inspector General be7 comes aware of particularly serious or flagrant problems,
8 abuses, or deficiencies relating to matters within the re9 sponsibility and authority of the Director of National In10 telligence.
11

‘‘(B) The Director shall transmit to the congressional

12 intelligence committees each report under subparagraph
13 (A) within 7 calendar days of receipt of such report, to14 gether with such comments as the Director considers ap15 propriate. The Director shall transmit to the committees
16 of the Senate and of the House of Representatives with
17 jurisdiction over a department of the United States Gov18 ernment any portion of each report under subparagraph
19 (A) that involves a problem, abuse, or deficiency related
20 to a component of such department simultaneously with
21 transmission of the report to the congressional intelligence
22 committees.
23

‘‘(3) In the event that—

hsrobinson on PROD1PC76 with BILLS

24

‘‘(A) the Inspector General is unable to resolve

25

any differences with the Director affecting the exe-

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1

cution of the duties or responsibilities of the Inspec-

2

tor General;

3

‘‘(B) an investigation, inspection, or audit car-

4

ried out by the Inspector General focuses on any

5

current or former intelligence community official

6

who—

7

‘‘(i) holds or held a position in an element

8

of the intelligence community that is subject to

9

appointment by the President, whether or not

10

by and with the advice and consent of the Sen-

11

ate, including such a position held on an acting

12

basis;

13

‘‘(ii) holds or held a position in an element

14

of the intelligence community, including a posi-

15

tion held on an acting basis, that is appointed

16

by the Director of National Intelligence; or
‘‘(iii) holds or held a position as head of an

18

element of the intelligence community or a posi-

19

tion covered by subsection (b) or (c) of section

20

106;

21

‘‘(C) a matter requires a report by the Inspec-

22

tor General to the Department of Justice on possible

23

criminal conduct by a current or former official de-

24 hsrobinson on PROD1PC76 with BILLS

17

scribed in subparagraph (B);

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1

‘‘(D) the Inspector General receives notice from

2

the Department of Justice declining or approving

3

prosecution of possible criminal conduct of any cur-

4

rent or former official described in subparagraph

5

(B); or

6

‘‘(E) the Inspector General, after exhausting all

7

possible alternatives, is unable to obtain significant

8

documentary information in the course of an inves-

9

tigation, inspection, or audit,

10 the Inspector General shall immediately notify and submit
11 a report on such matter to the congressional intelligence
12 committees.
13

‘‘(4) Pursuant to title V, the Director shall submit

14 to the congressional intelligence committees any report or
15 findings and recommendations of an investigation, inspec16 tion, or audit conducted by the office which has been re17 quested by the Chairman or Vice Chairman or Ranking
18 Minority Member of either committee.
19

‘‘(5)(A) An employee of an element of the intelligence

20 community, an employee assigned or detailed to an ele21 ment of the intelligence community, or an employee of a
22 contractor to the intelligence community who intends to
23 report to Congress a complaint or information with respect hsrobinson on PROD1PC76 with BILLS

24 to an urgent concern may report such complaint or infor25 mation to the Inspector General.

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1

‘‘(B) Not later than the end of the 14-calendar day

2 period beginning on the date of receipt from an employee
3 of a complaint or information under subparagraph (A),
4 the Inspector General shall determine whether the com5 plaint or information appears credible. Upon making such
6 a determination, the Inspector General shall transmit to
7 the Director a notice of that determination, together with
8 the complaint or information.
9

‘‘(C) Upon receipt of a transmittal from the Inspector

10 General under subparagraph (B), the Director shall, with11 in 7 calendar days of such receipt, forward such trans12 mittal to the congressional intelligence committees, to13 gether with any comments the Director considers appro14 priate.
15

‘‘(D)(i) If the Inspector General does not find cred-

16 ible under subparagraph (B) a complaint or information
17 submitted under subparagraph (A), or does not transmit
18 the complaint or information to the Director in accurate
19 form under subparagraph (B), the employee (subject to
20 clause (ii)) may submit the complaint or information to
21 Congress by contacting either or both of the congressional
22 intelligence committees directly.
23

‘‘(ii) An employee may contact the intelligence com-

hsrobinson on PROD1PC76 with BILLS

24 mittees directly as described in clause (i) only if the em25 ployee—

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1

‘‘(I) before making such a contact, furnishes to

2

the Director, through the Inspector General, a state-

3

ment of the employee’s complaint or information and

4

notice of the employee’s intent to contact the con-

5

gressional intelligence committees directly; and

6

‘‘(II) obtains and follows from the Director,

7

through the Inspector General, direction on how to

8

contact the intelligence committees in accordance

9

with appropriate security practices.

10

‘‘(iii) A member or employee of 1 of the congressional

11 intelligence committees who receives a complaint or infor12 mation under clause (i) does so in that member or employ13 ee’s official capacity as a member or employee of such
14 committee.
15

‘‘(E) The Inspector General shall notify an employee

16 who reports a complaint or information to the Inspector
17 General under this paragraph of each action taken under
18 this paragraph with respect to the complaint or informa19 tion. Such notice shall be provided not later than 3 days
20 after any such action is taken.
21

‘‘(F) An action taken by the Director or the Inspector

22 General under this paragraph shall not be subject to judi23 cial review. hsrobinson on PROD1PC76 with BILLS

24

‘‘(G) In this paragraph, the term ‘urgent concern’

25 means any of the following:

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1

‘‘(i) A serious or flagrant problem, abuse, viola-

2

tion of law or Executive order, or deficiency relating

3

to the funding, administration, or operation of an in-

4

telligence activity involving classified information,

5

but does not include differences of opinions con-

6

cerning public policy matters.

7

‘‘(ii) A false statement to Congress, or a willful

8

withholding from Congress, on an issue of material

9

fact relating to the funding, administration, or oper-

10

ation of an intelligence activity.

11

‘‘(iii) An action, including a personnel action

12

described in section 2302(a)(2)(A) of title 5, United

13

States Code, constituting reprisal or threat of re-

14

prisal prohibited under subsection (f)(3)(B) of this

15

section in response to an employee’s reporting an ur-

16

gent concern in accordance with this paragraph.

17

‘‘(H) In support of this paragraph, Congress makes

18 the findings set forth in paragraphs (1) through (6) of
19 section 701(b) of the Intelligence Community Whistle20 blower Protection Act of 1998 (title VII of Public Law
21 105–272; 5 U.S.C. App. 8H note).
22

‘‘(6) In accordance with section 535 of title 28,

23 United States Code, the Inspector General shall report to hsrobinson on PROD1PC76 with BILLS

24 the Attorney General any information, allegation, or com25 plaint received by the Inspector General relating to viola-

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68
1 tions of Federal criminal law that involves a program or
2 operation of an element of the intelligence community, or
3 in the relationships between the elements of the intel4 ligence community, consistent with such guidelines as may
5 be issued by the Attorney General pursuant to subsection
6 (b)(2) of such section. A copy of each such report shall
7 be furnished to the Director.
8

‘‘(j) SEPARATE BUDGET ACCOUNT.—The Director of

9 National Intelligence shall, in accordance with procedures
10 to be issued by the Director in consultation with the con11 gressional intelligence committees, include in the National
12 Intelligence Program budget a separate account for the
13 Office of Inspector General of the Intelligence Community.
14
15

‘‘(k) CONSTRUCTION
MENTS OF

OF

DUTIES REGARDING ELE-

INTELLIGENCE COMMUNITY.—Except as re-

16 solved pursuant to subsection (g), the performance by the
17 Inspector General of the Intelligence Community of any
18 duty, responsibility, or function regarding an element of
19 the intelligence community shall not be construed to mod20 ify or effect the duties and responsibilities of any other
21 Inspector General, whether statutory or administrative,
22 having duties and responsibilities relating to such ele23 ment.’’. hsrobinson on PROD1PC76 with BILLS

24
25

(2) CLERICAL

AMENDMENT.—The

table of con-

tents in the first section of the National Security

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1

Act of 1947 is amended by inserting after the item

2

relating to section 103G the following new item:
‘‘Sec. 103H. Inspector General of the Intelligence Community.’’.

3
4

(b) REPEAL
TABLISH

OF

SUPERSEDED AUTHORITY TO ES-

POSITION.—Section 8K of the Inspector General

5 Act of 1978 (5 U.S.C. App.) is repealed.
6

(c) EXECUTIVE SCHEDULE LEVEL IV.—Section

7 5315 of title 5, United States Code, is amended by adding
8 at the end the following new item:
9
10

‘‘Inspector General of the Intelligence Community.’’.

11

SEC. 409. ANNUAL REPORT ON FOREIGN LANGUAGE PRO-

12

FICIENCY IN THE INTELLIGENCE COMMU-

13

NITY.

14

(a) REPORT.—

15

(1) IN

GENERAL.—Title

V of the National Se-

16

curity Act of 1947 (50 U.S.C. 413 et seq.), as

17

amended by section 406 of this Act, is further

18

amended by adding at the end the following new sec-

19

tion:

20

‘‘REPORT

ON FOREIGN LANGUAGE PROFICIENCY IN THE

21
22

INTELLIGENCE COMMUNITY

‘‘SEC. 510. Not later than February 1 of each year,

hsrobinson on PROD1PC76 with BILLS

23 the Director of National Intelligence shall submit to the
24 congressional intelligence committees a report on the pro25 ficiency in foreign languages and, if appropriate, in foreign
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70
1 dialects of each element of the intelligence community, in2 cluding—
3

‘‘(1) the number of positions authorized for

4

such element that require foreign language pro-

5

ficiency and the level of proficiency required;

6

‘‘(2) an estimate of the number of such posi-

7

tions that each element will require during the 5-

8

year period beginning on the date of the submission

9

of the report;

10

‘‘(3) the number of positions authorized for

11

such element that require foreign language pro-

12

ficiency that are filled by—

13

‘‘(A) military personnel; and

14

‘‘(B) civilian personnel;

15

‘‘(4) the number of applicants for positions in

16

such element in the previous fiscal year that indi-

17

cated foreign language proficiency, including the for-

18

eign language indicated and the proficiency level;

19

‘‘(5) the number of persons hired by such ele-

20

ment with foreign language proficiency, including

21

the foreign language and proficiency level;
‘‘(6) the number of personnel of such element

23

currently attending foreign language training, in-

24 hsrobinson on PROD1PC76 with BILLS

22

cluding the provider of such training;

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1

‘‘(7) a description of such element’s efforts to

2

recruit, hire, train, and retain personnel that are

3

proficient in a foreign language;

4

‘‘(8) an assessment of methods and models for

5

basic, advanced, and intensive foreign language

6

training;

7
8

‘‘(9) for each foreign language and, where appropriate, dialect of a foreign language—

9

‘‘(A) the number of positions of such ele-

10

ment that require proficiency in the foreign lan-

11

guage or dialect;

12

‘‘(B) the number of personnel of such ele-

13

ment that are serving in a position that re-

14

quires proficiency in the foreign language or

15

dialect to perform the primary duty of the posi-

16

tion;

17

‘‘(C) the number of personnel of such ele-

18

ment that are serving in a position that does

19

not require proficiency in the foreign language

20

or dialect to perform the primary duty of the

21

position;
‘‘(D) the number of personnel of such ele-

23

ment rated at each level of proficiency of the

24 hsrobinson on PROD1PC76 with BILLS

22

Interagency Language Roundtable;

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1

‘‘(E) whether the number of personnel at

2

each level of proficiency of the Interagency

3

Language Roundtable meets the requirements

4

of such element;

5

‘‘(F) the number of personnel serving or

6

hired to serve as linguists for such element that

7

are not qualified as linguists under the stand-

8

ards of the Interagency Language Roundtable;

9

‘‘(G) the number of personnel hired to

10

serve as linguists for such element during the

11

preceding calendar year;

12

‘‘(H) the number of personnel serving as

13

linguists that discontinued serving such element

14

during the preceding calendar year;

15

‘‘(I) the percentage of work requiring lin-

16

guistic skills that is fulfilled by an ally of the

17

United States; and

18

‘‘(J) the percentage of work requiring lin-

19

guistic skills that is fulfilled by contractors;

20

‘‘(10) an assessment of the foreign language ca-

21

pacity and capabilities of the intelligence community

22

as a whole;
‘‘(11) recommendations for eliminating required

24 hsrobinson on PROD1PC76 with BILLS

23

reports relating to foreign-language proficiency that

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1

the Director of National Intelligence considers out-

2

dated or no longer relevant; and

3

‘‘(12) an assessment of the feasibility of em-

4

ploying foreign nationals lawfully present in the

5

United States who have previously worked as trans-

6

lators or interpreters for the Armed Forces or an-

7

other department or agency of the Federal Govern-

8

ment in Iraq or Afghanistan to meet the critical lan-

9

guage needs of such element.’’.

10
11

(2) REPORT

DATE.—Section

507(a)(1) of such

Act (50 U.S.C. 415b(a)(1)) is amended—

12

(A) by redesignating subparagraph (N) as

13

subparagraph (J); and

14

(B) by adding at the end the following new

15

subparagraph:

16

‘‘(K) The annual report on foreign language

17

proficiency in the intelligence community required by

18

section 510.’’.

19

(b) CONFORMING AMENDMENT.—The table of con-

20 tents in the first section of such Act is further amended
21 by inserting after the item relating to section 509 the fol22 lowing new item:

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‘‘Sec. 510. Report on foreign language proficiency in the intelligence community.’’.

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SEC. 410. REPEAL OF CERTAIN AUTHORITIES RELATING TO

2

THE OFFICE OF THE NATIONAL COUNTER-

3

INTELLIGENCE EXECUTIVE.

4

(a) REPEAL

OF

CERTAIN AUTHORITIES.—Section

5 904 of the Counterintelligence Enhancement Act of 2002
6 (title IX of Public Law 107–306; 50 U.S.C. 402c) is
7 amended—
8
9

(1) by striking subsections (d), (h), (i), and (j); and 10

(2) by redesignating subsections (e), (f), (g),

11

(k), (l), and (m) as subsections (d), (e), (f), (g), (h),

12

and (i), respectively; and

13

(3) in subsection (f), as redesignated by para-

14

graph (2), by striking paragraphs (3) and (4).

15

(b) CONFORMING AMENDMENTS.—Such section 904

16 is further amended—
17

(1) in subsection (d), as redesignated by sub-

18

section (a)(2) of this section, by striking ‘‘subsection

19

(f)’’ each place it appears in paragraphs (1) and (2)

20

and inserting ‘‘subsection (e)’’; and

21

(2) in subsection (e), as so redesignated—

22

(A) in paragraph (1), by striking ‘‘subsection

24 hsrobinson on PROD1PC76 with BILLS

23

(d)(1)’’; and

(e)(1)’’

and

inserting

‘‘subsection

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1

(B) in paragraph (2), by striking ‘‘sub-

2

section

3

(d)(2)’’.

4

and

inserting

‘‘subsection

SEC. 411. NATIONAL INTELLIGENCE ESTIMATE ON WEAP-

5
6

(e)(2)’’

ONS OF MASS DESTRUCTION IN SYRIA.

(a) IN GENERAL.—Not later than 180 days after the

7 date of the enactment of this Act, the Director of National
8 Intelligence shall submit to Congress a National Intel9 ligence Estimate on the history, status, and projected de10 velopment of any weapons of mass destruction develop11 ment program undertaken by the Government of Syria,
12 or by any person on behalf of the Government of Syria.
13

(b) FORM.—The National Intelligence Estimate re-

14 quired under subsection (a) may be submitted in classified
15 form.
16

SEC. 412. REPORT ON INTELLIGENCE RESOURCES DEDI-

17
18

CATED TO IRAQ AND AFGHANISTAN.

Not later than 120 days after the date of the enact-

19 ment of this Act, the Director of National Intelligence
20 shall submit to the congressional intelligence committees
21 a report on intelligence collection and analysis resources
22 dedicated to Iraq and Afghanistan during fiscal years
23 2007 and 2008. Such report shall include detailed inforhsrobinson on PROD1PC76 with BILLS

24 mation on fiscal, human, technical, and other intelligence
25 collection and analysis resources.

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1

SEC. 413. OMBUDSMAN FOR INTELLIGENCE COMMUNITY

2
3

SECURITY CLEARANCES.

(a) IN GENERAL.—Title I of the National Security

4 Act of 1947 (50 U.S.C. 402 et seq.) is amended by insert5 ing after section 103H, as added by section 409 of this
6 Act, the following new section:
7 ‘‘OMBUDSMAN

FOR INTELLIGENCE COMMUNITY SECURITY

8
9

CLEARANCES

‘‘SEC. 103I. (a) APPOINTMENT.—The Director of

10 National Intelligence shall appoint an ombudsman for in11 telligence community security clearances.
12

‘‘(b) PROVISION

OF

INFORMATION.—The head of an

13 element of the intelligence community shall provide a per14 son applying for a security clearance through or in coordi15 nation with such element with contact information for the
16 ombudsman appointed under subsection (a).
17

‘‘(c) REPORT.—Not later than November 1 of each

18 year, the ombudsman appointed under subsection (a) shall
19 submit to the congressional intelligence committees a re20 port containing—
21

‘‘(1) the number of persons applying for a secu-

22

rity clearance who have contacted the ombudsman

23

during the preceding 12 months; and

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24

‘‘(2) a summary of the concerns, complaints,

25

and questions received by the ombudsman from per-

26

sons applying for security clearances.’’.
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1

(b) APPOINTMENT DATE.—The Director of National

2 Intelligence shall appoint an ombudsman for intelligence
3 community security clearances under section 103I(a) of
4 the National Security Act of 1947, as added by subsection
5 (a), not later than 60 days after the date of the enactment
6 of this Act.
7

(c) CONFORMING AMENDMENT.—The table of con-

8 tents in the first section of the National Security Act of
9 1947 is further amended by inserting after the item relat10 ing to section 103H the following new item:
‘‘Sec. 103I. Ombudsman for intelligence community security clearances.’’.

11

SEC. 414. SECURITY CLEARANCE RECIPROCITY.

12

(a) AUDIT.—The Inspector General of the Intel-

13 ligence Community shall conduct an audit of the reci14 procity of security clearances in the intelligence commu15 nity.
16

(b) REPORT.—Not later than 60 days after the date

17 of the enactment of this Act, the Inspector General of the
18 Intelligence Community shall submit to the congressional
19 intelligence committees a report containing the results of
20 the audit conducted under subsection (a). Such report
21 shall include an assessment of the time required to obtain
22 a reciprocal security clearance for— hsrobinson on PROD1PC76 with BILLS

23

(1) an employee of an element of the intel-

24

ligence community detailed to another element of the

25

intelligence community;
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1

(2) an employee of an element of the intel-

2

ligence community seeking permanent employment

3

with another element of the intelligence community;

4

and

5
6
7

(3) a contractor seeking permanent employment with an element of the intelligence community.
SEC. 415. REPORT ON INTERNATIONAL TRAFFIC IN ARMS

8
9

REGULATIONS.

(a) REPORT.—Not later than February 1, 2009, the

10 Director of National Intelligence shall submit to the con11 gressional intelligence committees a report assessing—
12

(1) the threat to national security presented by

13

the efforts of foreign countries to acquire, through

14

espionage, diversion, or other means, sensitive equip-

15

ment and technology, and the degree to which

16

United States export controls (including the Inter-

17

national Traffic in Arms Regulations) are adequate

18

to defeat such efforts; and
(2) the extent to which United States export

20

controls are well matched to the scope of the foreign

21

threat such controls are designed to defeat and

22

whether other means could more successfully defeat

23 hsrobinson on PROD1PC76 with BILLS

19

such threats.

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1

(b) FORM.—The report under subsection (a) shall be

2 submitted in unclassified form, but may include a classi3 fied annex.
4
5

(c) INTERNATIONAL TRAFFIC
TIONS

IN

ARMS REGULA-

DEFINED.—The term ‘‘International Traffic in

6 Arms Regulations’’ means those regulations contained in
7 parts 120 through 130 of title 22, Code of Federal Regu8 lations (or successor regulations).
9
10

SEC. 416. REPORT ON NUCLEAR TRAFFICKING.

(a) REPORT.—Not later than February 1, 2009, the

11 Director of National Intelligence shall submit to the con12 gressional intelligence committees, the Committee on
13 Armed Services and the Committee on Foreign Affairs of
14 the House of Representatives, and the Committee on
15 Armed Services and the Committee on Foreign Relations
16 of the Senate a report on the illicit trade of nuclear and
17 radiological material and equipment.
18

(b) CONTENTS.—The report submitted under sub-

19 section (a) shall include, for a period of time including
20 at least the preceding three years—
(1) details of all known or suspected cases of

22

the illicit sale, transfer, brokering, or transport of

23

nuclear or radiological material or equipment useful

24 hsrobinson on PROD1PC76 with BILLS

21

for the production of nuclear or radiological material

25

or nuclear explosive devices;

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1

(2) an assessment of the countries that rep-

2

resent the greatest risk of nuclear trafficking activi-

3

ties; and

4

(3) a discussion of any dissents, caveats, gaps

5

in knowledge, or other information that would re-

6

duce confidence in the assessment referred to in

7

paragraph (2).

8

(c) FORM.—The report under subsection (a) may be

9 submitted in classified form, but shall include an unclassi10 fied summary.
11

SEC. 417. STUDY ON REVOKING PENSIONS OF PERSONS

12

WHO COMMIT UNAUTHORIZED DISCLOSURES

13

OF CLASSIFIED INFORMATION.

14

(a) STUDY.—The Director of National Intelligence

15 shall conduct a study on the feasibility of revoking the
16 pensions of personnel in the intelligence community who
17 commit unauthorized disclosures of classified information,
18 including whether revoking such pensions is feasible under
19 existing law or under the administrative authority of the
20 Director of National Intelligence or any other head of an
21 element of the intelligence community.
22

(b) REPORT.—Not later than 90 days after the date

23 of the enactment of this Act, the Director of National Inhsrobinson on PROD1PC76 with BILLS

24 telligence shall submit to the congressional intelligence

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81
1 committees a report containing the results of the study
2 conducted under subsection (a).
3

SEC. 418. MEMORANDUM TO HOLDERS OF NATIONAL IN-

4

TELLIGENCE ESTIMATE ON IRAN.

5

Not later than 90 days after the date of the enact-

6 ment of this Act, the Director of National Intelligence
7 shall issue a memorandum to holders of the National In8 telligence Estimate entitled ‘‘Iran: Nuclear Intentions and
9 Capabilities’’ regarding any intelligence on the nuclear
10 program of Iran that has been gathered or emerged since
11 the publication of such National Intelligence Estimate in
12 October 2007.
13

SEC. 419. NATIONAL INTELLIGENCE ESTIMATE ON PRO-

14

DUCTION AND SALE OF NARCOTICS IN SUP-

15

PORT OF INTERNATIONAL TERRORISM.

16

Not later than 1 year after the date of the enactment

17 of this Act, the Director of National Intelligence shall sub18 mit to Congress a National Intelligence Estimate on the
19 production and sale of narcotics in support of inter20 national terrorism, including the support the Taliban and
21 al Qaeda receive from the sale of narcotics (particularly
22 heroin) and the shift in production from opium to hashish

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23 in Afghanistan.

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82

2

Subtitle B—Central Intelligence
Agency

3

SEC. 421. REVIEW OF COVERT ACTION PROGRAMS BY IN-

4

SPECTOR GENERAL OF THE CENTRAL INTEL-

5

LIGENCE AGENCY.

1

6

(a) IN GENERAL.—Section 503 of the National Secu-

7 rity Act of 1947 (50 U.S.C. 413b) is amended by—
8

(1) redesignating subsection (e) as subsection

9

(g) and transferring such subsection to the end; and

10

(2) by inserting after subsection (d) the fol-

11

lowing new subsection:

12

‘‘(e) INSPECTOR GENERAL AUDITS

13

OF

COVERT AC-

TIONS.—

14

‘‘(1) IN

GENERAL.—Subject

to paragraph (2),

15

the Inspector General of the Central Intelligence

16

Agency shall conduct an audit of each covert action

17

at least every 3 years. Such audits shall be con-

18

ducted subject to the provisions of paragraphs (3)

19

and (4) of subsection (b) of section 17 of the Cen-

20

tral Intelligence Agency Act of 1949 (50 U.S.C.

21

403q).

22

‘‘(2) TERMINATED,

SUSPENDED PROGRAMS.—

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23

The Inspector General of the Central Intelligence

24

Agency is not required to conduct an audit under

25

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1

minated or suspended if such covert action was ter-

2

minated or suspended prior to the last audit of such

3

covert action conducted by the Inspector General

4

and has not been restarted after the date on which

5

such audit was completed.

6

‘‘(3) REPORT.—Not later than 60 days after

7

the completion of an audit conducted pursuant to

8

paragraph (1), the Inspector General of the Central

9

Intelligence Agency shall submit to the congressional

10

intelligence committees a report containing the re-

11

sults of such audit.’’.

12

(b) CONFORMING AMENDMENTS.—Title V of the Na-

13 tional Security Act of 1947 (50 U.S.C. 413 et seq.) is
14 amended—
15
16

(1) in section 501(f) (50 U.S.C. 413(f)), by striking ‘‘503(e)’’ and inserting ‘‘503(g)’’;

17

(2)

in

section

502(a)(1)

(50

U.S.C.

18

413b(a)(1)), by striking ‘‘503(e)’’ and inserting

19

‘‘503(g)’’; and

20

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21

(3) in section 504(c) (50 U.S.C. 414(c)), by striking ‘‘503(e)’’ and inserting ‘‘503(g)’’.

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1

SEC. 422. INAPPLICABILITY TO DIRECTOR OF THE CEN-

2

TRAL INTELLIGENCE AGENCY OF REQUIRE-

3

MENT FOR ANNUAL REPORT ON PROGRESS

4

IN AUDITABLE FINANCIAL STATEMENTS.

5

Section 114A of the National Security Act of 1947

6 (50 U.S.C. 404i–1) is amended by striking ‘‘the Director
7 of the Central Intelligence Agency,’’.
8

SEC. 423. TECHNICAL AMENDMENTS RELATING TO TITLES

9

OF CERTAIN CENTRAL INTELLIGENCE AGEN-

10
11

CY POSITIONS.

Section 17(d)(3)(B)(ii) of the Central Intelligence

12 Agency Act of 1949 (50 U.S.C. 403q(d)(3)(B)(ii)) is
13 amended—
14

(1) in subclause (I), by striking ‘‘Executive Di-

15

rector’’ and inserting ‘‘Associate Deputy Director’’;

16

(2) in subclause (II), by striking ‘‘Deputy Di-

17

rector for Operations’’ and inserting ‘‘Director of

18

the National Clandestine Service’’;

19

(3) in subclause (III), by striking ‘‘Deputy Di-

20

rector for Intelligence’’ and inserting ‘‘Director of

21

Intelligence’’;
(4) in subclause (IV), by striking ‘‘Deputy Di-

23

rector for Administration’’ and inserting ‘‘Director

24 hsrobinson on PROD1PC76 with BILLS

22

of Support’’; and

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1

(5) in subclause (V), by striking ‘‘Deputy Di-

2

rector for Science and Technology’’ and inserting

3

‘‘Director of Science and Technology’’.

4

SEC. 424. CLARIFYING AMENDMENTS RELATING TO SEC-

5

TION 105 OF THE INTELLIGENCE AUTHORIZA-

6

TION ACT FOR FISCAL YEAR 2004.

7

Section 105(b) of the Intelligence Authorization Act

8 for Fiscal Year 2004 (Public Law 108–177; 117 Stat.
9 2603; 31 U.S.C. 311 note) is amended—
10

(1) by striking ‘‘Director of Central Intel-

11

ligence’’ and inserting ‘‘Director of National Intel-

12

ligence’’; and

13
14
15

(2) by inserting ‘‘or in section 313 of such title,’’ after ‘‘subsection (a)),’’.
SEC. 425. PROHIBITION ON THE USE OF PRIVATE CONTRAC-

16

TORS

17

PERSONS IN THE CUSTODY OR CONTROL OF

18

THE CENTRAL INTELLIGENCE AGENCY.

19

FOR

INTERROGATIONS

INVOLVING

(a) PROHIBITION.—Notwithstanding any other provi-

20 sion of law, the Director of the Central Intelligence Agency
21 shall not expend or obligate funds for payment to any con22 tractor to conduct the interrogation of a detainee or pris23 oner in custody or under the effective control of the Cenhsrobinson on PROD1PC76 with BILLS

24 tral Intelligence Agency.
25

(b) EXCEPTION.—

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1

(1) IN

GENERAL.—The

Director of the Central

2

Intelligence Agency may request, and the Director of

3

National Intelligence may grant, a written waiver of

4

the requirement under subsection (a) if the Director

5

of the Central Intelligence Agency determines that—

6

(A) no employee of the Federal Govern-

7

ment is—

8

(i) capable of performing such interro-

9

gation; and

10

(ii) available to perform such interro-

11

gation; and

12

(B) such interrogation is in the national

13

interest of the United States and requires the

14

use of a contractor.

15

(2) CLARIFICATION

OF APPLICABILITY OF CER-

16

TAIN LAWS.—Any

17

gation pursuant to a waiver under paragraph (1)

18

shall be subject to all laws on the conduct of interro-

19

gations that would apply if an employee of the Fed-

20

eral Government were conducting the interrogation.

21

SEC. 426. REPORT ON ACTIVITIES OF THE CENTRAL INTEL-

22
23

contractor conducting an interro-

LIGENCE AGENCY IN ARGENTINA.

(a) IN GENERAL.—Not later than 270 days after the

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24 date of the enactment of this Act, the Director of the Cen25 tral Intelligence Agency shall submit to the appropriate

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1 congressional committees a report containing the fol2 lowing:
3

(1) A description of any information in the pos-

4

session of the intelligence community with respect to

5

the following events in the Republic of Argentina:

6

(A) The accession to power by the Military

7

of the Republic of Argentina in 1976.

8

(B) Violations of human rights committed

9

by officers or agents of the Argentine military

10

and security forces.

11

(C) Operation Condor and the fate of Ar-

12

gentine people targeted, abducted, or killed dur-

13

ing such Operation, including Argentine chil-

14

dren born in captivity whose status remains un-

15

known.

16

(2) All information that may lead to the dis-

17

covery of the Argentine children born in captivity

18

whose status remains unknown.

19

(3) A compilation of information referred to in

20

paragraphs (1) and (2) that has been declassified.

21

(b) UPDATE

OF

COMPILATION.—Not later than 1

22 year after the date on which the report required under
23 subsection (a) is submitted, and annually thereafter for hsrobinson on PROD1PC76 with BILLS

24 three years, the Director of the Central Intelligence Agen25 cy shall submit to the appropriate congressional commit-

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1 tees an update of the compilation referred to in subsection
2 (a)(3).
3

(c) FORM.—The report required under subsection (a)

4 shall be submitted in unclassified form, but may include
5 a classified annex.
6

(d) DEFINITION.—In this section, the term ‘‘appro-

7 priate congressional committees’’ means the Permanent
8 Select Committee on Intelligence and the Committee on
9 Appropriations of the House of Representatives and the
10 Select Committee on Intelligence and the Committee on
11 Appropriations of the Senate.

13

Subtitle C—Defense Intelligence
Components

14

SEC. 431. INTEGRATION OF THE COUNTERINTELLIGENCE

15

FIELD ACTIVITY INTO THE DEFENSE INTEL-

16

LIGENCE AGENCY.

12

17

(a) REPORT.—Not later than November 1, 2008, the

18 Under Secretary of Defense for Intelligence shall submit
19 to the congressional intelligence and armed services com20 mittees a report outlining the process by which the Coun21 terintelligence Field Activity is to be integrated into the
22 Defense Intelligence Agency. Such report shall include—
(1) a description of the nature of any law en-

24 hsrobinson on PROD1PC76 with BILLS

23

forcement authorities to be delegated to the Defense

25

Intelligence Agency;

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1

(2) the authority under which the delegation of

2

authority referred to in paragraph (1) would occur;

3

and

4

(3) the guidelines for the implementation of

5

such law enforcement authorities.

6

(b) CONGRESSIONAL INTELLIGENCE

AND

ARMED

7 SERVICES COMMITTEES.—In this section, the term ‘‘con8 gressional intelligence and armed services committees’’
9 means—
10
11

(1) the Permanent Select Committee on Intelligence of the House of Representatives;

12
13

(2) the Select Committee on Intelligence of the
Senate; and

14
15

(3) the Committees on Armed Services of the
House of Representatives and the Senate.

16

Subtitle D—Other Elements

17

SEC. 441. CLARIFICATION OF INCLUSION OF COAST GUARD

18

AND DRUG ENFORCEMENT ADMINISTRATION

19

AS ELEMENTS OF THE INTELLIGENCE COM-

20

MUNITY.

21

Section 3(4) of the National Security Act of 1947 (50

22 U.S.C. 401a(4)) is amended—
23

(1) in subparagraph (H)—

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24

(A) by inserting ‘‘the Coast Guard,’’ after

25

‘‘the Marine Corps,’’; and

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1

(B) by inserting ‘‘the Drug Enforcement

2

Administration,’’ after ‘‘the Federal Bureau of

3

Investigation,’’; and

4

(2) in subparagraph (K), by striking ‘‘, includ-

5

ing the Office of Intelligence of the Coast Guard’’.

6

SEC. 442. REPORT ON TRANSFORMATION OF THE INTEL-

7

LIGENCE CAPABILITIES OF THE FEDERAL

8

BUREAU OF INVESTIGATION.

9

Not later than 120 days after the date of the enact-

10 ment of this Act, the Director of the Federal Bureau of
11 Investigation shall submit to the congressional intelligence
12 committees a report describing the Director’s long term
13 vision for transforming the intelligence capabilities of the
14 Bureau and the progress of the internal reforms of the
15 Bureau intended to achieve that vision. Such report shall
16 include—
17
18

(1) the direction, strategy, and goals for transforming the intelligence capabilities of the Bureau;

19

(2) a description of what the fully functional in-

20

telligence and national security functions of the Bu-

21

reau should entail;
(3) a candid assessment of the effect of internal

23

reforms at the Bureau and whether such reforms

24 hsrobinson on PROD1PC76 with BILLS

22

have moved the Bureau towards achieving the goals

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91
1

of the Director for the intelligence and national se-

2

curity functions of the Bureau; and

3

(4) an assessment of how well the Bureau per-

4

forms tasks that are critical to the effective func-

5

tioning of the Bureau as an intelligence agency, in-

6

cluding—

7

(A) identifying new intelligence targets

8

within the scope of the national security func-

9

tions of the Bureau, outside the parameters of

10

an existing case file or ongoing investigation;

11

(B) collecting intelligence domestically, in-

12

cluding collection through human and technical

13

sources;

14

(C) recruiting human sources;

15

(D) training Special Agents to spot, assess,

16

recruit, and handle human sources;

17

(E) working collaboratively with other Fed-

18

eral departments and agencies to jointly collect

19

intelligence on domestic counterterrorism and

20

counterintelligence targets;

21

(F) producing a common intelligence pic-

22

ture of domestic threats to the national security

23

of the United States;

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24

(G) producing high quality and timely in-

25

telligence analysis;

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1

(H) integrating intelligence analysts into

2

its intelligence collection operations; and

3

(I) sharing intelligence information with

4

intelligence community partners.

7

TITLE V—OTHER MATTERS
Subtitle A—General Intelligence
Matters

8

SEC. 501. EXTENSION OF NATIONAL COMMISSION FOR THE

9

REVIEW OF THE RESEARCH AND DEVELOP-

10

MENT PROGRAMS OF THE UNITED STATES IN-

11

TELLIGENCE COMMUNITY.

5
6

12

(a) EXTENSION.—

13

(1) IN

GENERAL.—Subsection

(a) of section

14

1007 of the Intelligence Authorization Act for Fiscal

15

Year 2003 (Public Law 107–306; 116 Stat. 2442)

16

is amended by striking ‘‘September 1, 2004’’ and in-

17

serting ‘‘December 31, 2009’’.

18

(2) EFFECTIVE

DATE.—Subject

to paragraph

19

(3), the amendment made by paragraph (1) shall

20

take effect as if included in the enactment of such

21

section 1007.

22

(3) COMMISSION

23

(A) IN

MEMBERSHIP.—

GENERAL.—The

membership of the

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24

National Commission for the Review of the Re-

25

search and Development Programs of the

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1

United States Intelligence Community estab-

2

lished under subsection (a) of section 1002 of

3

such Act (Public Law 107–306; 116 Stat.

4

2438) (referred to in this section as the ‘‘Com-

5

mission’’) shall be considered vacant and new

6

members shall be appointed in accordance with

7

such section 1002, as amended by subpara-

8

graph (B).

9

(B) TECHNICAL

AMENDMENT.—Paragraph

10

(1) of section 1002(b) of such Act is amended

11

by striking ‘‘The Deputy Director of Central

12

Intelligence for Community Management.’’ and

13

inserting ‘‘The Principal Deputy Director of

14

National Intelligence.’’.

15

(4)

CLARIFICATION

OF

DUTIES.—Section

16

1002(i) of such Act is amended in the matter pre-

17

ceding paragraph (1) by striking ‘‘including—’’ and

18

inserting ‘‘including advanced research and develop-

19

ment programs and activities. Such review shall in-

20

clude—’’.

21

(b) FUNDING.—

22

(1) IN

GENERAL.—Of

the amounts authorized

to be appropriated by this Act for the Intelligence

24 hsrobinson on PROD1PC76 with BILLS

23

Community Management Account, the Director of

25

National Intelligence shall make $2,000,000 avail-

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1

able to the Commission to carry out title X of the

2

Intelligence Authorization Act for Fiscal Year 2003

3

(Public Law 107–306; 116 Stat. 2437).

4

(2) AVAILABILITY.—Amounts made available to

5

the Commission pursuant to paragraph (1) shall re-

6

main available until expended.

7

SEC. 502. AMENDMENTS TO THE NATIONAL SECURITY ACT

8
9

OF 1947.

(a) GENERAL CONGRESSIONAL OVERSIGHT.—Sec-

10 tion 501(a) of the National Security Act of 1947 (50
11 U.S.C. 413(a)) is amended by adding at the end the fol12 lowing new paragraph:
13

‘‘(3) In carrying out paragraph (1), the President

14 shall provide to the congressional intelligence committees
15 all information necessary to assess the lawfulness, effec16 tiveness, cost, benefit, intelligence gain, budgetary author17 ity, and risk of an intelligence activity, including—
18
19

‘‘(A) the legal authority under which the intelligence activity is being or was conducted;

20

‘‘(B) any legal issues upon which guidance was

21

sought in carrying out or planning the intelligence

22

activity, including dissenting legal views;
‘‘(C) any specific operational concerns arising

24 hsrobinson on PROD1PC76 with BILLS

23

from the intelligence activity, including the risk of

25

disclosing intelligence sources or methods;

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1

‘‘(D) the likelihood that the intelligence activity

2

will exceed the planned or authorized expenditure of

3

funds or other resources; and

4

‘‘(E) the likelihood that the intelligence activity

5

will fail.’’.

6

(b) REPORTING

7

ERT

ON

ACTIVITIES OTHER THAN COV-

ACTIONS.—Section 502 of such Act (50 U.S.C. 413a)

8 is amended by adding at the end the following new sub9 section:
10

‘‘(d) DISTRIBUTION OF INFORMATION.—
‘‘(1) REQUEST.—Information or material pro-

12

vided in accordance with subsection (a) shall be

13

made available to each member of the congressional

14

intelligence committees, unless the President re-

15

quests that access to the information or material be

16

limited after determining that limiting such access is

17

essential to meet extraordinary circumstances affect-

18

ing vital interests of the United States. A request

19

under this paragraph and the extraordinary cir-

20

cumstances referred to in this paragraph shall be de-

21

tailed in writing to the Chair and ranking minority

22

member of the congressional intelligence committees.

23

‘‘(2) DISTRIBUTION.—If the President submits

24 hsrobinson on PROD1PC76 with BILLS

11

a request under paragraph (1), the Chair and rank-

25

ing minority member of each congressional intel-

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1

ligence committee may jointly determine whether

2

and how to limit access to the information or mate-

3

rial within such committee. If the Chair and ranking

4

minority member of such committee are unable to

5

agree on whether or how to limit such access, access

6

to the information or material will be limited. Any

7

information or material to which access is limited

8

shall subsequently be made available to each member

9

of the congressional intelligence communities at the

10

earliest possible time and shall include a detailed

11

statement of the reasons for not providing prior ac-

12

cess.’’.

13

(c) APPROVAL OF COVERT ACTIONS.—Section 503(d)

14 of the National Security Act of 1947 (50 U.S.C. 413b(d))
15 is amended—
16
17

(1) by striking ‘‘(d) The President’’ and inserting ‘‘(d)(1) The President’’; and

18

(2) by adding at the end the following new

19

paragraph:

20

‘‘(2) For purposes of this subsection, an activity shall

21 constitute a ‘significant undertaking’ if the activity—
‘‘(A) involves the potential for loss of life;

23

‘‘(B) requires an expansion of existing authori-

24 hsrobinson on PROD1PC76 with BILLS

22

ties, including authorities relating to research, devel-

25

opment, or operations;

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97
1
2

‘‘(C) results in the expenditure of significant funds or other resources;

3

‘‘(D) requires notification under section 504;

4

‘‘(E) gives rise to a significant risk of disclosing

5

intelligence sources or methods; or

6

‘‘(F) could cause serious damage to the diplo-

7

matic relations of the United States if such activity

8

were disclosed without authorization.’’.

9

SEC. 503. REPORT ON FINANCIAL INTELLIGENCE ON TER-

10
11

RORIST ASSETS.

(a) ANNUAL REPORTS.—Section 118 of the National

12 Security Act of 1947 (50 U.S.C. 404m) is amended—
13
14

(1) in the heading, by striking ‘‘SEMIANNUAL’’ and inserting ‘‘ANNUAL’’; and

15

(2) in subsection (a)—

16

(A) in the heading, by striking ‘‘SEMI-

17

ANNUAL’’

18

and inserting ‘‘ANNUAL’’;

(B) in the matter preceding paragraph

19

(1)—

20

(i) by striking ‘‘semiannual basis’’ and

21

inserting ‘‘annual basis’’; and

22

(ii) by striking ‘‘preceding six-month period’’ and inserting ‘‘preceding year’’;

24 hsrobinson on PROD1PC76 with BILLS

23

(C) by striking paragraph (2); and

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1

(D) by redesignating paragraphs (3) and

2

(4) as paragraphs (2) and (3), respectively.

3

(b) CONFORMING AMENDMENT.—Section 507 of the

4 National Security Act of 1947 (50 U.S.C. 415b) is amend5 ed—
6
7

(1) in subsection (a)(1), by adding at the end the following new subparagraph:

8
9

‘‘(L) The annual report on financial intelligence on terrorist assets required by section 118.’’; and

10

(2) in subsection (b), by striking paragraph (6).

11

SEC. 504. NOTICE OF INTELLIGENCE REGARDING NORTH

12
13

KOREA AND CHINA.

Section 501 of the National Security Act of 1947 (50

14 U.S.C. 413) is amended—
15
16

(1) by redesignating subsection (f) as subsection (g); and

17

(2) by inserting after subsection (e) the fol-

18

lowing new subsection:

19

‘‘(f) A notification to the congressional intelligence

20 committees regarding intelligence information relating to
21 North Korea or China after all or part of the information
22 has been communicated to the governments of North
23 Korea or China, respectively, shall not be construed to fulhsrobinson on PROD1PC76 with BILLS

24 fill the duty under this title to keep the congressional intel-

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99
1 ligence committees fully and currently informed of the in2 telligence activities of the United States.’’.
3

SEC. 505. SENSE OF CONGRESS REGARDING USE OF INTEL-

4
5

LIGENCE RESOURCES.

It is the sense of Congress that the resources author-

6 ized under this Act should not be diverted from human
7 intelligence collection and other intelligence programs de8 signed to combat al Qaeda in order to study global climate
9 change.
10

SEC. 506. SENSE OF CONGRESS REGARDING COLOMBIAN

11

PARAMILITARY ORGANIZATIONS.

12

It is the sense of Congress that—

13

(1) the permanent defeat of the Revolutionary

14

Armed Forces of Columbia (FARC), United Self-De-

15

fense Forces of Colombia (AUC), National Libera-

16

tion Army (ELN), and other Colombian paramilitary

17

organizations is in the national interest of the

18

United States;
(2) the Colombian operation that liberated

20

Americans Keith Stansell, Marc Gonsalves, and

21

Thomas Howes and Ingrid Betancourt and 11 other

22

Colombian hostages from the FARC on July 2,

23

2008, demonstrated the professionalism of Colom-

24 hsrobinson on PROD1PC76 with BILLS

19

bian security forces and intelligence operatives;

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100
1

(3) intelligence and other cooperation by the

2

United States has played a key role in developing

3

and reinforcing the capabilities of the Government of

4

Colombia to address terrorist and narcoterrorist

5

threats;

6

(4) intelligence and other cooperation by the

7

United States has significantly contributed to the

8

continued success of the Government of Colombia in

9

impacting

the

capabilities

of

terrorist

and

10

narcoterrorist groups that have threatened the na-

11

tional security of Colombia and the United States;

12

and

13

(5) it is critical that such assistance continue in

14

order to support the Government of Colombia in its

15

efforts to continue to capitalize on those successes.

16
17

SEC. 507. JIHADISTS.

None of the funds authorized to be appropriated by

18 this Act may be used to prohibit or discourage the use
19 of the words or phrases ‘‘jihadist’’, ‘‘jihad’’, ‘‘Islamo-fas20 cism’’, ‘‘caliphate’’, ‘‘Islamist’’, or ‘‘Islamic terrorist’’ by
21 or within the intelligence community or the Federal Gov-

hsrobinson on PROD1PC76 with BILLS

22 ernment.

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101
1

Subtitle B—Technical Amendments

2

SEC. 511. TECHNICAL AMENDMENT TO THE CENTRAL IN-

3
4

TELLIGENCE AGENCY ACT OF 1949.

Section 5(a)(1) of the Central Intelligence Agency

5 Act of 1949 (50 U.S.C. 403f(a)(1)) is amended by striking
6 ‘‘authorized under paragraphs (2) and (3) of section
7 102(a), subsections (c)(7) and (d) of section 103, sub8 sections (a) and (g) of section 104, and section 303 of
9 the National Security Act of 1947 (50 U.S.C. 403(a)(2),
10 (3), 403–3(c)(7), (d), 403–4(a), (g), and 405)’’ and insert11 ing ‘‘authorized under section 104A of the National Secu12 rity Act of 1947 (50 U.S.C. 403–4a)’’.
13

SEC. 512. TECHNICAL AMENDMENTS RELATING TO THE

14

MULTIYEAR NATIONAL INTELLIGENCE PRO-

15

GRAM.

16

(a) IN GENERAL.—Subsection (a) of section 1403 of

17 the National Defense Authorization Act for Fiscal Year
18 1991 (50 U.S.C. 404b) is amended—
19

(1) in the heading, by striking ‘‘FOREIGN’’; and

20

(2) by striking ‘‘foreign’’ each place it appears.

21

(b) RESPONSIBILITY OF DIRECTOR OF NATIONAL IN-

22

TELLIGENCE.—That

section is further amended—

hsrobinson on PROD1PC76 with BILLS

23

(1) in subsections (a) and (c), by striking ‘‘Di-

24

rector of Central Intelligence’’ and inserting ‘‘Direc-

25

tor of National Intelligence’’; and
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102
1

(2) in subsection (b), by inserting ‘‘of National

2

Intelligence’’ after ‘‘Director’’.

3

(c) CONFORMING AMENDMENT.—The heading of

4 that section is amended to read as follows:
5

‘‘SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PRO-

6

GRAM.’’.

7

SEC. 513. TECHNICAL CLARIFICATION OF CERTAIN REF-

8

ERENCES TO JOINT MILITARY INTELLIGENCE

9

PROGRAM

10
11

AND

TACTICAL

INTELLIGENCE

AND RELATED ACTIVITIES.

Section 102A of the National Security Act of 1947

12 (50 U.S.C. 403–1) is amended—
13

(1) in subsection (c)(3)(A), by striking ‘‘annual

14

budgets for the Joint Military Intelligence Program

15

and for Tactical Intelligence and Related Activities’’

16

and inserting ‘‘annual budget for the Military Intel-

17

ligence Program or any successor program or pro-

18

grams’’; and
(2) in subsection (d)(1)(B), by striking ‘‘Joint

20

Military Intelligence Program’’ and inserting ‘‘Mili-

21

tary Intelligence Program or any successor program

22

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19

or programs’’.

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103
1

SEC. 514. TECHNICAL AMENDMENTS TO THE NATIONAL SE-

2
3

CURITY ACT OF 1947.

The National Security Act of 1947 (50 U.S.C. 401

4 et seq.) is amended as follows:
5

(1) In section 102A (50 U.S.C. 403–1)—

6

(A) in subsection (d)—

7

(i) in paragraph (3), by striking ‘‘sub-

8

paragraph (A)’’ in the matter preceding

9

subparagraph (A) and inserting ‘‘para-

10

graph (1)(A)’’;

11

(ii) in paragraph (5)(A), by striking

12

‘‘or personnel’’ in the matter preceding

13

clause (i); and

14

(iii) in paragraph (5)(B), by striking

15

‘‘or agency involved’’ in the second sen-

16

tence and inserting ‘‘involved or the Direc-

17

tor of the Central Intelligence Agency (in

18

the case of the Central Intelligence Agen-

19

cy)’’;

20

(B) in subsection (l)(2)(B), by striking

21

‘‘section’’ and inserting ‘‘paragraph’’; and

22

(C) in subsection (n), by inserting ‘‘AND
OTHER’’ after ‘‘ACQUISITION’’.

24 hsrobinson on PROD1PC76 with BILLS

23

(2)

In

section

119(c)(2)(B)

(50

U.S.C.

25

404o(c)(2)(B)), by striking ‘‘subsection (h)’’ and in-

26

serting ‘‘subsection (i)’’.
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104
1

(3) In section 705(e)(2)(D)(i) (50 U.S.C.

2

432c(e)(2)(D)(i)), by striking ‘‘responsible’’ and in-

3

serting ‘‘responsive’’.

4

SEC.

515.

TECHNICAL

AMENDMENTS

TO

THE

INTEL-

5

LIGENCE REFORM AND TERRORISM PREVEN-

6

TION ACT OF 2004.

7
8

(a) AMENDMENTS

TO

NATIONAL SECURITY INTEL-

REFORM ACT

OF

2004.—The National Security

LIGENCE

9 Intelligence Reform Act of 2004 (title I of Public Law
10 108–458; 118 Stat. 3643) is amended as follows:
11

(1)

In

section

1016(e)(10)(B)

(6

U.S.C.

12

485(e)(10)(B)), by striking ‘‘Attorney General’’ the

13

second place it appears and inserting ‘‘Department

14

of Justice’’.

15

(2) In section 1071(e), by striking ‘‘(1)’’.

16

(3) In section 1072(b), in the subsection head-

17

ing by inserting ‘‘AGENCY’’ after ‘‘INTELLIGENCE’’.

18

(b) OTHER AMENDMENTS

19

FORM AND

TO

INTELLIGENCE RE-

TERRORISM PREVENTION ACT

OF

2004.—The

20 Intelligence Reform and Terrorism Prevention Act of
21 2004 (Public Law 108–458; 118 Stat. 3638) is amended
22 as follows:
23

(1) In section 2001 (28 U.S.C. 532 note)—

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24

(A) in subsection (c)(1), by inserting ‘‘of’’

25

before ‘‘an institutional culture’’;

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105
1

(B) in subsection (e)(2), by striking ‘‘the

2

National Intelligence Director in a manner con-

3

sistent with section 112(e)’’ and inserting ‘‘the

4

Director of National Intelligence in a manner

5

consistent with applicable law’’; and

6

(C) in subsection (f), by striking ‘‘shall,’’

7

in the matter preceding paragraph (1) and in-

8

serting ‘‘shall’’.

9

(2) In section 2006 (28 U.S.C. 509 note)—

10

(A) in paragraph (2), by striking ‘‘the

11

Federal’’ and inserting ‘‘Federal’’; and

12

(B) in paragraph (3), by striking ‘‘the spe-

13
14

cific’’ and inserting ‘‘specific’’.
SEC. 516. TECHNICAL AMENDMENTS TO THE EXECUTIVE

15
16

SCHEDULE.

(a) EXECUTIVE SCHEDULE LEVEL II.—Section 5313

17 of title 5, United States Code, is amended by striking the
18 item relating to the Director of Central Intelligence and
19 inserting the following new item:
20

‘‘Director of the Central Intelligence Agency.’’.

21

(b) EXECUTIVE SCHEDULE LEVEL III.—Section

22 5314 of title 5, United States Code, is amended by strik23 ing the item relating to the Deputy Directors of Central hsrobinson on PROD1PC76 with BILLS

24 Intelligence and inserting the following new item:

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106
1

‘‘Deputy Director of the Central Intelligence

2

Agency.’’.

3

(c) EXECUTIVE SCHEDULE LEVEL IV.—Section

4 5315 of title 5, United States Code, is amended by strik5 ing the item relating to the General Counsel of the Office
6 of the National Intelligence Director and inserting the fol7 lowing new item:
8
9

‘‘General Counsel of the Office of the Director of National Intelligence.’’.

10

SEC. 517. TECHNICAL AMENDMENTS RELATING TO THE NA-

11

TIONAL GEOSPATIAL-INTELLIGENCE AGEN-

12

CY.

13

(a) TITLE 5.—Title 5, United States Code, is amend-

14 ed by striking ‘‘National Imagery and Mapping Agency’’
15 each place it appears and inserting ‘‘National Geospatial16 Intelligence Agency’’.
17

(b) TITLE 44.—Title 44, United States Code, is

18 amended—
19

(1) in section 1336—

20

(A) in the heading, by striking ‘‘Na-

21

tional Imagery and Mapping Agency’’

22

and inserting ‘‘National Geospatial-Intel-

23

ligence Agency’’; and

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24

(B) by striking ‘‘National Imagery and

25

Mapping Agency’’ each place it appears and in-

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107
1

serting ‘‘National Geospatial-Intelligence Agen-

2

cy’’; and

3

(2) in the table of sections at the beginning of

4

chapter 13, by striking the item relating to section

5

1336 and inserting the following new item:
‘‘1336. National Geospatial-Intelligence Agency: special publications.’’.

6
7

(c) SECTION 201
OF

OF THE

HOMELAND SECURITY ACT

2002.—Section 201(f)(2)(E) of the Homeland Security

8 Act of 2002 (6 U.S.C. 121) is amended by striking ‘‘Na9 tional Imagery and Mapping Agency’’ and inserting ‘‘Na10 tional Geospatial-Intelligence Agency’’.
Passed the House of Representatives July 16, 2008.
Attest:

LORRAINE C. MILLER,
Clerk.
By ROBERT F. REEVES,

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Deputy Clerk.

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H5959

Calendar No. 888

H. R. 5959

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110TH CONGRESS
2D SESSION

AN ACT
To authorize appropriations for fiscal year 2009 for intelligence and intelligence-related activities of the United States Government, the Community
Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.
JULY 17, 2008
Received; read twice and placed on the calendar

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