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114th Congress   }                                   {    Rept. 114-144
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                   {           Part 1

======================================================================



 
          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2016

                                _______
                                

  June 9, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Nunes, from the Permanent Select Committee on Intelligence, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 2596]

      [Including cost estimate of the Congressional Budget Office]

    The Permanent Select Committee on Intelligence, to whom was 
referred the bill (H.R. 2596) to authorize appropriations for 
fiscal year 2016 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, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2016''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Budgetary effects.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

                     TITLE III--GENERAL PROVISIONS

                      Subtitle A--General Matters

Sec. 301. Increase in employee compensation and benefits authorized by 
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Prior congressional notification of initiations of certain 
new special access programs.
Sec. 304. Prior congressional notification of transfers of funds for 
certain intelligence activities.
Sec. 305. Designation of lead intelligence officer for tunnels.
Sec. 306. Clarification of authority of Privacy and Civil Liberties 
Oversight Board.
Sec. 307. Reporting process required for tracking certain requests for 
country clearance.
Sec. 308. Prohibition on sharing of certain information in response to 
foreign government inquiries.
Sec. 309. National Cyber Threat Intelligence Integration Center.
Sec. 310. Intelligence community business system transformation.
Sec. 311. Inclusion of Inspector General of Intelligence Community in 
Council of Inspectors General on Integrity and Efficiency.
Sec. 312. Authorities of the Inspector General for the Central 
Intelligence Agency.
Sec. 313. Provision of information and assistance to Inspector General 
of the Intelligence Community.
Sec. 314. Clarification relating to information access by Comptroller 
General.
Sec. 315. Use of homeland security grant funds in conjunction with 
Department of Energy national laboratories.
Sec. 316. Technical amendments relating to pay under title 5, United 
States Code.

Subtitle B--Matters Relating to United States Naval Station, Guantanamo 
                               Bay, Cuba

Sec. 321. Prohibition on use of funds for transfer or release of 
individuals detained at United States Naval Station, Guantanamo Bay, 
Cuba.
Sec. 322. Prohibition on use of funds to construct or modify facilities 
in United States to house detainees transferred from United States 
Naval Station, Guantanamo Bay, Cuba.
Sec. 323. Prohibition on use of funds to transfer or release 
individuals detained at United States Naval Station, Guantanamo Bay, 
Cuba, to combat zones.

                          Subtitle C--Reports

Sec. 331. Reports to Congress on individuals formerly detained at 
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 332. Reports on foreign fighters.
Sec. 333. Reports on prisoner population at United States Naval 
Station, Guantanamo Bay, Cuba.
Sec. 334. Report on use of certain business concerns.
Sec. 335. Repeal of certain reporting requirements.

SEC. 2. DEFINITIONS.

  In this Act:
   (a) Congressional Intelligence Committees.--The term ``congressional 
intelligence committees'' means--
          (1) the Select Committee on Intelligence of the Senate; and
          (2) the Permanent Select Committee on Intelligence of the 
        House of Representatives.
  (b) Intelligence Community.--The term ``intelligence community'' has 
the meaning given that term in section 3(4) of the National Security 
Act of 1947 (50 U.S.C. 3003(4)).

SEC. 3. BUDGETARY EFFECTS.

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

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

  Funds are hereby authorized to be appropriated for fiscal year 2016 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
          (1) The Office of the Director of National Intelligence.
          (2) The Central Intelligence Agency.
          (3) The Department of Defense.
          (4) The Defense Intelligence Agency.
          (5) The National Security Agency.
          (6) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
          (7) The Coast Guard.
          (8) The Department of State.
          (9) The Department of the Treasury.
          (10) The Department of Energy.
          (11) The Department of Justice.
          (12) The Federal Bureau of Investigation.
          (13) The Drug Enforcement Administration.
          (14) The National Reconnaissance Office.
          (15) The National Geospatial-Intelligence Agency.
          (16) The Department of Homeland Security.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

  (a) Specifications of Amounts and Personnel Levels.--The amounts 
authorized to be appropriated under section 101 and, subject to section 
103, the authorized personnel ceilings as of September 30, 2016, for 
the conduct of the intelligence activities of the elements listed in 
paragraphs (1) through (16) of section 101, are those specified in the 
classified Schedule of Authorizations prepared to accompany the bill 
H.R. 2596 of the One Hundred Fourteenth Congress.
  (b) Availability of Classified Schedule of Authorizations.--
          (1) Availability.--The classified Schedule of Authorizations 
        referred to in subsection (a) shall be made available to the 
        Committee on Appropriations of the Senate, the Committee on 
        Appropriations of the House of Representatives, and to the 
        President.
          (2) Distribution by the president.--Subject to paragraph (3), 
        the President shall provide for suitable distribution of the 
        classified Schedule of Authorizations, or of appropriate 
        portions of the Schedule, within the executive branch.
          (3) Limits on disclosure.--The President shall not publicly 
        disclose the classified Schedule of Authorizations or any 
        portion of such Schedule except--
                  (A) as provided in section 601(a) of the Implementing 
                Recommendations of the 9/11 Commission Act of 2007 (50 
                U.S.C. 3306(a));
                  (B) to the extent necessary to implement the budget; 
                or
                  (C) as otherwise required by law.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

  (a) Authority for Increases.--The Director of National Intelligence 
may authorize employment of civilian personnel in excess of the number 
authorized for fiscal year 2016 by the classified Schedule of 
Authorizations referred to in section 102(a) if the Director of 
National Intelligence determines that such action is necessary to the 
performance of important intelligence functions, except that the number 
of personnel employed in excess of the number authorized under such 
section may not, for any element of the intelligence community, exceed 
3 percent of the number of civilian personnel authorized under such 
schedule for such element.
  (b) Treatment of Certain Personnel.--The Director of National 
Intelligence shall establish guidelines that govern, for each element 
of the intelligence community, the treatment under the personnel levels 
authorized under section 102(a), including any exemption from such 
personnel levels, of employment or assignment in--
          (1) a student program, trainee program, or similar program;
          (2) a reserve corps or as a reemployed annuitant; or
          (3) details, joint duty, or long-term, full-time training.
  (c) Notice to Congressional Intelligence Committees.--The Director of 
National Intelligence shall notify the congressional intelligence 
committees in writing at least 15 days prior to each exercise of an 
authority described in subsection (a).

SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

  (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Intelligence Community Management Account of the 
Director of National Intelligence for fiscal year 2016 the sum of 
$501,850,000. Within such amount, funds identified in the classified 
Schedule of Authorizations referred to in section 102(a) for advanced 
research and development shall remain available until September 30, 
2017.
  (b) Authorized Personnel Levels.--The elements within the 
Intelligence Community Management Account of the Director of National 
Intelligence are authorized 785 positions as of September 30, 2016. 
Personnel serving in such elements may be permanent employees of the 
Office of the Director of National Intelligence or personnel detailed 
from other elements of the United States Government.
  (c) Classified Authorizations.--
          (1) Authorization of appropriations.--In addition to amounts 
        authorized to be appropriated for the Intelligence Community 
        Management Account by subsection (a), there are authorized to 
        be appropriated for the Community Management Account for fiscal 
        year 2016 such additional amounts as are specified in the 
        classified Schedule of Authorizations referred to in section 
        102(a). Such additional amounts for advanced research and 
        development shall remain available until September 30, 2017.
          (2) Authorization of personnel.--In addition to the personnel 
        authorized by subsection (b) for elements of the Intelligence 
        Community Management Account as of September 30, 2016, there 
        are authorized such additional personnel for the Community 
        Management Account as of that date as are specified in the 
        classified Schedule of Authorizations referred to in section 
        102(a).

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

  There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 2016 the sum of 
$514,000,000.

                     TITLE III--GENERAL PROVISIONS

                      Subtitle A--General Matters

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
                    LAW.

  Appropriations authorized by this Act for salary, pay, retirement, 
and other benefits for Federal employees may be increased by such 
additional or supplemental amounts as may be necessary for increases in 
such compensation or benefits authorized by law.

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

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

SEC. 303. PRIOR CONGRESSIONAL NOTIFICATION OF INITIATIONS OF CERTAIN 
                    NEW SPECIAL ACCESS PROGRAMS.

  (a) Limitation.--Except as provided in subsection (b), none of the 
funds authorized to be appropriated by this Act or otherwise made 
available for the intelligence community for fiscal year 2016 may be 
used to initiate any new special access program pertaining to any 
intelligence or intelligence-related activity or covert action unless 
the Director of National Intelligence or the Secretary of Defense, as 
appropriate, submits to the congressional intelligence committees and 
the Committees on Armed Services of the House of Representatives and 
the Senate, by not later than 30 days before initiating such a program, 
written notification of the intention to initiate the program.
  (b) Waiver.--
          (1) In general.--The Director of National Intelligence or the 
        Secretary of Defense, as appropriate, may waive subsection (a) 
        with respect to the initiation of a new special access program 
        if the Director or Secretary, as the case may be, determines 
        that an emergency situation makes it impossible or impractical 
        to provide the notice required under such subsection by the 
        date that is 30 days before such initiation.
          (2) Notice.--If the Director or Secretary issues a waiver 
        under paragraph (1), the Director or Secretary, as the case may 
        be, shall submit to the congressional intelligence committees 
        and the Committees on Armed Services of the House of 
        Representatives and the Senate, by not later than 48 hours 
        after the initiation of the new special access program covered 
        by the waiver, written notice of the waiver and a justification 
        for the waiver, including a description of the emergency 
        situation that necessitated the waiver.
  (c) Special Access Program Defined.--In this section, the term 
``special access program'' has the meaning given such term in Executive 
Order 13526 as in effect on the date of the enactment of this Act.

SEC. 304. PRIOR CONGRESSIONAL NOTIFICATION OF TRANSFERS OF FUNDS FOR 
                    CERTAIN INTELLIGENCE ACTIVITIES.

  (a) Limitation.--Except as provided in subsection (b), none of the 
funds authorized to be appropriated by this Act or otherwise made 
available for the intelligence community for fiscal year 2016 may be 
used to initiate a transfer of funds from the Joint Improvised 
Explosive Device Defeat Fund or the Counterterrorism Partnerships Fund 
to be used for intelligence activities unless the Director of National 
Intelligence or the Secretary of Defense, as appropriate, submits to 
the congressional intelligence committees, by not later than 30 days 
before initiating such a transfer, written notice of the transfer.
  (b) Waiver.--
          (1) In general.--The Director of National Intelligence or the 
        Secretary of Defense, as appropriate, may waive subsection (a) 
        with respect to the initiation of a transfer of funds if the 
        Director or Secretary, as the case may be, determines that an 
        emergency situation makes it impossible or impractical to 
        provide the notice required under such subsection by the date 
        that is 30 days before such initiation.
          (2) Notice.--If the Director or Secretary issues a waiver 
        under paragraph (1), the Director or Secretary, as the case may 
        be, shall submit to the congressional intelligence committees, 
        by not later than 48 hours after the initiation of the transfer 
        of funds covered by the waiver, written notice of the waiver 
        and a justification for the waiver, including a description of 
        the emergency situation that necessitated the waiver.

SEC. 305. DESIGNATION OF LEAD INTELLIGENCE OFFICER FOR TUNNELS.

  The Director of National Intelligence shall designate an official to 
manage the collection and analysis of intelligence regarding the 
tactical use of tunnels by state and nonstate actors.

SEC. 306. CLARIFICATION OF AUTHORITY OF PRIVACY AND CIVIL LIBERTIES 
                    OVERSIGHT BOARD.

  Section 1061(g) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (42 U.S.C. 2000ee(g)) is amended by adding at the end the 
following new paragraph:
          ``(5) Limitations.--Nothing in this section shall be 
        construed to authorize the Board, or any agent thereof, to gain 
        access to information that an executive branch agency deems 
        related to covert action, as such term is defined in section 
        503(e) of the National Security Act of 1947 (50 U.S.C. 
        3093(e)).''.

SEC. 307. REPORTING PROCESS REQUIRED FOR TRACKING CERTAIN REQUESTS FOR 
                    COUNTRY CLEARANCE.

  (a) In General.--By not later than September 30, 2016, the Director 
of National Intelligence shall establish a formal internal reporting 
process for tracking requests for country clearance submitted to 
overseas Director of National Intelligence representatives by 
departments and agencies of the United States. Such reporting process 
shall include a mechanism for tracking the department or agency that 
submits each such request and the date on which each such request is 
submitted.
  (b) Congressional Briefing.--By not later than December 31, 2016, the 
Director of National Intelligence shall brief the congressional 
intelligence committees on the progress of the Director in establishing 
the process required under subsection (a).

SEC. 308. PROHIBITION ON SHARING OF CERTAIN INFORMATION IN RESPONSE TO 
                    FOREIGN GOVERNMENT INQUIRIES.

  (a) Prohibition.--None of the funds authorized to be appropriated by 
this Act for any element of the intelligence community may be used to 
respond to, share, or authorize the sharing of any non-public 
information related to intelligence activities carried out by the 
United States in response to a legislative or judicial inquiry from a 
foreign government into the intelligence activities of the United 
States.
  (b) Congressional Notification.--Not later than 30 days after an 
element of the intelligence community receives a legislative or 
judicial inquiry from a foreign government related to intelligence 
activities carried out by the United States, the element shall submit 
to the congressional intelligence committees written notification of 
the inquiry.
  (c) Clarification Regarding Collaboration With Foreign Partners.--The 
prohibition under subsection (a) shall not be construed as limiting 
routine intelligence activities with foreign partners, except in any 
case in which the central focus of the collaboration with the foreign 
partner is to obtain information for, or solicit a response to, a 
legislative or judicial inquiry from a foreign government related to 
intelligence activities carried out by the United States.

SEC. 309. NATIONAL CYBER THREAT INTELLIGENCE INTEGRATION CENTER.

  (a) Establishment.--Title I of the National Security Act of 1947 (50 
U.S.C. 3021 et seq.) is amended--
          (1) by redesignating section 119B as section 119C; and
          (2) by inserting after section 119A the following new 
        section:

``SEC. 119B. CYBER THREAT INTELLIGENCE INTEGRATION CENTER.

  ``(a) Establishment.--There is within the Office of the Director of 
National Intelligence a Cyber Threat Intelligence Integration Center.
  ``(b) Director.--There is a Director of the Cyber Threat Intelligence 
Integration Center, who shall be the head of the Cyber Threat 
Intelligence Integration Center, and who shall be appointed by the 
Director of National Intelligence.
  ``(c) Primary Missions.--The Cyber Threat Intelligence Integration 
Center shall--
          ``(1) serve as the primary organization within the Federal 
        Government for analyzing and integrating all intelligence 
        possessed or acquired by the United States pertaining to cyber 
        threats;
          ``(2) ensure that appropriate departments and agencies of the 
        Federal Government have full access to and receive all-source 
        intelligence support needed to execute the cyber threat 
        intelligence activities of such agencies and to perform 
        independent, alternative analyses;
          ``(3) disseminate cyber threat analysis to the President, the 
        appropriate departments and agencies of the Federal Government, 
        and the appropriate committees of Congress;
          ``(4) coordinate cyber threat intelligence activities of the 
        departments and agencies of the Federal Government; and
          ``(5) conduct strategic cyber threat intelligence planning 
        for the Federal Government.
  ``(d) Limitations.--The Cyber Threat Intelligence Integration 
Center--
          ``(1) may not have more than 50 permanent positions;
          ``(2) in carrying out the primary missions of the Center 
        described in subsection (c), may not augment staffing through 
        detailees, assignees, or core contractor personnel or enter 
        into any personal services contracts to exceed the limitation 
        under paragraph (1); and
          ``(3) shall be located in a building owned or operated by an 
        element of the intelligence community as of the date of the 
        enactment of this section.''.
  (b) Table of Contents Amendments.--The table of contents in the first 
section of the National Security Act of 1947, as amended by section 102 
of this title, is further amended by striking the item relating to 
section 119B and inserting the following new items:

``Sec. 119B. Cyber Threat Intelligence Integration Center.
``Sec. 119C. National intelligence centers.''.

SEC. 310. INTELLIGENCE COMMUNITY BUSINESS SYSTEM TRANSFORMATION.

  Section 506D of the National Security Act of 1947 (50 U.S.C. 3100) is 
amended to read as follows:
        ``intelligence community business system transformation
  ``Sec. 506D.  (a) Limitation on Obligation of Funds.--(1) Subject to 
paragraph (3), no funds appropriated to any element of the intelligence 
community may be obligated for an intelligence community business 
system transformation that will have a total cost in excess of 
$3,000,000 unless the Chief Information Officer of the Intelligence 
Community makes a certification described in paragraph (2) with respect 
to such intelligence community business system transformation.
  ``(2) The certification described in this paragraph for an 
intelligence community business system transformation is a 
certification made by the Chief Information Officer of the Intelligence 
Community that the intelligence community business system 
transformation--
          ``(A) complies with the enterprise architecture under 
        subsection (b) and such other policies and standards that the 
        Chief Information Officer of the Intelligence Community 
        considers appropriate; or
          ``(B) is necessary--
                  ``(i) to achieve a critical national security 
                capability or address a critical requirement; or
                  ``(ii) to prevent a significant adverse effect on a 
                project that is needed to achieve an essential 
                capability, taking into consideration any alternative 
                solutions for preventing such adverse effect.
  ``(3) With respect to a fiscal year after fiscal year 2010, the 
amount referred to in paragraph (1) in the matter preceding 
subparagraph (A) shall be equal to the sum of--
          ``(A) the amount in effect under such paragraph (1) for the 
        preceding fiscal year (determined after application of this 
        paragraph), plus
          ``(B) such amount multiplied by the annual percentage 
        increase in the Consumer Price Index (all items; U.S. city 
        average) as of September of the previous fiscal year.
  ``(b) Enterprise Architecture for Intelligence Community Business 
Systems.--(1) The Director of National Intelligence shall develop and 
implement an enterprise architecture to cover all intelligence 
community business systems, and the functions and activities supported 
by such business systems. The enterprise architecture shall be 
sufficiently defined to effectively guide, constrain, and permit 
implementation of interoperable intelligence community business system 
solutions, consistent with applicable policies and procedures 
established by the Director of the Office of Management and Budget.
  ``(2) The enterprise architecture under paragraph (1) shall include 
the following:
          ``(A) An information infrastructure that will enable the 
        intelligence community to--
                  ``(i) comply with all Federal accounting, financial 
                management, and reporting requirements;
                  ``(ii) routinely produce timely, accurate, and 
                reliable financial information for management purposes;
                  ``(iii) integrate budget, accounting, and program 
                information and systems; and
                  ``(iv) provide for the measurement of performance, 
                including the ability to produce timely, relevant, and 
                reliable cost information.
          ``(B) Policies, procedures, data standards, and system 
        interface requirements that apply uniformly throughout the 
        intelligence community.
  ``(c) Responsibilities for Intelligence Community Business System 
Transformation.--The Director of National Intelligence shall be 
responsible for the entire life cycle of an intelligence community 
business system transformation, including review, approval, and 
oversight of the planning, design, acquisition, deployment, operation, 
and maintenance of the business system transformation.
  ``(d) Intelligence Community Business System Investment Review.--(1) 
The Chief Information Officer of the Intelligence Community shall 
establish and implement, not later than 60 days after October 7, 2010, 
an investment review process for the intelligence community business 
systems for which the Chief Information Officer of the Intelligence 
Community is responsible.
  ``(2) The investment review process under paragraph (1) shall--
          ``(A) meet the requirements of section 11312 of title 40, 
        United States Code; and
          ``(B) specifically set forth the responsibilities of the 
        Chief Information Office of the Intelligence Community under 
        such review process.
  ``(3) The investment review process under paragraph (1) shall include 
the following elements:
          ``(A) Review and approval by an investment review board 
        (consisting of appropriate representatives of the intelligence 
        community) of each intelligence community business system as an 
        investment before the obligation of funds for such system.
          ``(B) Periodic review, but not less often than annually, of 
        every intelligence community business system investment.
          ``(C) Thresholds for levels of review to ensure appropriate 
        review of intelligence community business system investments 
        depending on the scope, complexity, and cost of the system 
        involved.
          ``(D) Procedures for making certifications in accordance with 
        the requirements of subsection (a)(2).
  ``(e) Relation to Annual Registration Requirements.--Nothing in this 
section shall be construed to alter the requirements of section 8083 of 
the Department of Defense Appropriations Act, 2005 (Public Law 108-287; 
118 Stat. 989), with regard to information technology systems (as 
defined in subsection (d) of such section).
  ``(f) Relationship to Defense Business Enterprise Architecture.--
Intelligence community business system transformations certified under 
this section shall be deemed to be in compliance with section 2222 of 
title 10, United States Code. Nothing in this section shall be 
construed to exempt funds authorized to be appropriated to the 
Department of Defense for activities other than an intelligence 
community business system transformation from the requirements of such 
section 2222, to the extent that such requirements are otherwise 
applicable.
  ``(g) Relation to Clinger-Cohen Act.--(1) Executive agency 
responsibilities in chapter 113 of title 40, United States Code, for 
any intelligence community business system transformation shall be 
exercised jointly by--
          ``(A) the Director of National Intelligence and the Chief 
        Information Officer of the Intelligence Community; and
          ``(B) the head of the executive agency that contains the 
        element of the intelligence community involved and the chief 
        information officer of that executive agency.
  ``(2) The Director of National Intelligence and the head of the 
executive agency referred to in paragraph (1)(B) shall enter into a 
memorandum of understanding to carry out the requirements of this 
section in a manner that best meets the needs of the intelligence 
community and the executive agency.
  ``(h) Definitions.--In this section:
          ``(1) The term `enterprise architecture' has the meaning 
        given that term in section 3601(4) of title 44, United States 
        Code.
          ``(2) The terms `information system' and `information 
        technology' have the meanings given those terms in section 
        11101 of title 40, United States Code.
          ``(3) The term `intelligence community business system' means 
        an information system, including a national security system, 
        that is operated by, for, or on behalf of an element of the 
        intelligence community, including a financial system, mixed 
        system, financial data feeder system, and the business 
        infrastructure capabilities shared by the systems of the 
        business enterprise architecture, including people, process, 
        and technology, that build upon the core infrastructure used to 
        support business activities, such as acquisition, financial 
        management, logistics, strategic planning and budgeting, 
        installations and environment, and human resource management.
          ``(4) The term `intelligence community business system 
        transformation' means--
                  ``(A) the acquisition or development of a new 
                intelligence community business system; or
                  ``(B) any significant modification or enhancement of 
                an existing intelligence community business system 
                (other than necessary to maintain current services).
          ``(5) The term `national security system' has the meaning 
        given that term in section 3552(b) of title 44, United States 
        Code.''.

SEC. 311. INCLUSION OF INSPECTOR GENERAL OF INTELLIGENCE COMMUNITY IN 
                    COUNCIL OF INSPECTORS GENERAL ON INTEGRITY AND 
                    EFFICIENCY.

  Section 11(b)(1)(B) of the Inspector General Act of 1978 (Public Law 
95-452; 5 U.S.C. App.) is amended by striking ``the Office of the 
Director of National Intelligence'' and inserting ``the Intelligence 
Community''.

SEC. 312. AUTHORITIES OF THE INSPECTOR GENERAL FOR THE CENTRAL 
                    INTELLIGENCE AGENCY.

  (a) Information and Assistance.--Paragraph (9) of section 17(e) of 
the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(e)(9)) is 
amended to read as follows:
  ``(9)(A) The Inspector General may request such information or 
assistance as may be necessary for carrying out the duties and 
responsibilities of the Inspector General provided by this section from 
any Federal, State, or local governmental agency or unit thereof.
  ``(B) Upon request of the Inspector General for information or 
assistance from a department or agency of the Federal Government, the 
head of the department or agency involved, insofar as practicable and 
not in contravention of any existing statutory restriction or 
regulation of such department or agency, shall furnish to the Inspector 
General, or to an authorized designee, such information or assistance.
  ``(C) Nothing in this paragraph may be construed to provide any new 
authority to the Central Intelligence Agency to conduct intelligence 
activity in the United States.
  ``(D) In this paragraph, the term `State' means each of the several 
States, the District of Columbia, the Commonwealth of Puerto Rico, the 
Commonwealth of the Northern Mariana Islands, and any territory or 
possession of the United States.''.
  (b) Technical Amendments Relating to Selection of Employees.--
Paragraph (7) of such section (50 U.S.C. 3517(e)(7)) is amended--
          (1) by inserting ``(A)'' before ``Subject to applicable 
        law''; and
          (2) by adding at the end the following new subparagraph:
  ``(B) Consistent with budgetary and personnel resources allocated by 
the Director, the Inspector General has final approval of--
          ``(i) the selection of internal and external candidates for 
        employment with the Office of Inspector General; and
          ``(ii) all other personnel decisions concerning personnel 
        permanently assigned to the Office of Inspector General, 
        including selection and appointment to the Senior Intelligence 
        Service, but excluding all security-based determinations that 
        are not within the authority of a head of other Central 
        Intelligence Agency offices.''.

SEC. 313. PROVISION OF INFORMATION AND ASSISTANCE TO INSPECTOR GENERAL 
                    OF THE INTELLIGENCE COMMUNITY.

  Section 103H(j)(4) of the National Security Act of 1947 (50 U.S.C. 
3033) is amended--
          (1) in subparagraph (A), by striking ``any department, 
        agency, or other element of the United States Government'' and 
        inserting ``any Federal, State (as defined in section 804), or 
        local governmental agency or unit thereof''; and
          (2) in subparagraph (B), by inserting ``from a department, 
        agency, or element of the Federal Government'' before ``under 
        subparagraph (A)''.

SEC. 314. CLARIFICATION RELATING TO INFORMATION ACCESS BY COMPTROLLER 
                    GENERAL.

  Section 348(a) of the Intelligence Authorization Act for Fiscal Year 
2010 (Public Law 111-259; 124 Stat. 2700; 50 U.S.C. 3308) is amended by 
adding at the end the following new paragraph:
          ``(4) Requests by certain congressional committees.--
        Consistent with the protection of classified information, the 
        directive issued under paragraph (1) shall not prohibit the 
        Comptroller General from obtaining information necessary to 
        carry out the following audits or reviews:
                  ``(A) An audit or review carried out--
                          ``(i) at the request of the congressional 
                        intelligence committees; or
                          ``(ii) pursuant to--
                                  ``(I) an intelligence authorization 
                                Act;
                                  ``(II) a committee report or joint 
                                explanatory statement accompanying an 
                                intelligence authorization Act; or
                                  ``(III) a classified annex to a 
                                committee report or joint explanatory 
                                statement accompanying an intelligence 
                                authorization Act.
                  ``(B) An audit or review pertaining to intelligence 
                activities of the Department of Defense carried out--
                          ``(i) at the request of the congressional 
                        defense committees (as defined in section 
                        101(a)(16) of title 10, United States Code); or
                          ``(ii) pursuant to a national defense 
                        authorization Act.''.

SEC. 315. USE OF HOMELAND SECURITY GRANT FUNDS IN CONJUNCTION WITH 
                    DEPARTMENT OF ENERGY NATIONAL LABORATORIES.

  Section 2008(a) of the Homeland Security Act of 2002 (6 U.S.C. 
609(a)) is amended in the matter preceding paragraph (1) by inserting 
``including by working in conjunction with a National Laboratory (as 
defined in section 2(3) of the Energy Policy Act of 2005 (42 U.S.C. 
15801(3)),'' after ``plans,''.

SEC. 316. TECHNICAL AMENDMENTS RELATING TO PAY UNDER TITLE 5, UNITED 
                    STATES CODE.

  Section 5102(a)(1) of title 5, United States Code, is amended--
          (1) in clause (vii), by striking ``or'';
          (2) by inserting after clause (vii) the following new clause:
                  ``(viii) the Office of the Director of National 
                Intelligence;''; and
          (3) in clause (x), by striking the period and inserting a 
        semicolon.

Subtitle B--Matters Relating to United States Naval Station, Guantanamo 
                               Bay, Cuba

SEC. 321. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF 
                    INDIVIDUALS DETAINED AT UNITED STATES NAVAL 
                    STATION, GUANTANAMO BAY, CUBA.

  No amounts authorized to be appropriated or otherwise made available 
to an element of the intelligence community may be used during the 
period beginning on the date of the enactment of this Act and ending on 
December 31, 2016, to transfer, release, or assist in the transfer or 
release, to or within the United States, its territories, or 
possessions, Khalid Sheikh Mohammed or any other individual detained at 
Guantanamo (as such term is defined in section 322(c)).

SEC. 322. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY FACILITIES 
                    IN UNITED STATES TO HOUSE DETAINEES TRANSFERRED 
                    FROM UNITED STATES NAVAL STATION, GUANTANAMO BAY, 
                    CUBA.

  (a) In General.--No amounts authorized to be appropriated or 
otherwise made available to an element of the intelligence community 
may be used during the period beginning on the date of the enactment of 
this Act and ending on December 31, 2016, to construct or modify any 
facility in the United States, its territories, or possessions to house 
any individual detained at Guantanamo for the purposes of detention or 
imprisonment in the custody or under the control of the Department of 
Defense.
  (b) Exception.--The prohibition in subsection (a) shall not apply to 
any modification of facilities at United States Naval Station, 
Guantanamo Bay, Cuba.
  (c) Individual Detained at Guantanamo Defined.--In this section, the 
term ``individual detained at Guantanamo'' means any individual located 
at United States Naval Station, Guantanamo Bay, Cuba, as of October 1, 
2009, who--
          (1) is not a citizen of the United States or a member of the 
        Armed Forces of the United States; and
          (2) is--
                  (A) in the custody or under the control of the 
                Department of Defense; or
                  (B) otherwise under detention at United States Naval 
                Station, Guantanamo Bay, Cuba.

SEC. 323. PROHIBITION ON USE OF FUNDS TO TRANSFER OR RELEASE 
                    INDIVIDUALS DETAINED AT UNITED STATES NAVAL 
                    STATION, GUANTANAMO BAY, CUBA, TO COMBAT ZONES.

  (a) In General.--No amounts authorized to be appropriated or 
otherwise made available to an element of the intelligence community 
may be used during the period beginning on the date of the enactment of 
this Act and ending on December 31, 2016, to transfer, release, or 
assist in the transfer or release of any individual detained in the 
custody or under the control of the Department of Defense at United 
States Naval Station, Guantanamo Bay, Cuba, to a combat zone.
  (b) Combat Zone Defined.--In this section, the term ``combat zone'' 
means any area designated as a combat zone for purposes of section 112 
of the Internal Revenue Code of 1986 for which the income of a member 
of the Armed Forces was excluded during 2014, 2015, or 2016 by reason 
of the member's service on active duty in such area.

                          Subtitle C--Reports

SEC. 331. REPORTS TO CONGRESS ON INDIVIDUALS FORMERLY DETAINED AT 
                    UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

  (a) Additional Matters for Inclusion in Reports.--Subsection (c) of 
section 319 of the Supplemental Appropriations Act, 2009 (Public Law 
111-32; 123 Stat. 1874; 10 U.S.C. 801 note) is amended by adding after 
paragraph (5) the following new paragraphs:
          ``(6) A summary of all contact by any means of communication, 
        including telecommunications, electronic or technical means, in 
        person, written communications, or any other means of 
        communication, regardless of content, between any individual 
        formerly detained at Naval Station, Guantanamo Bay, Cuba, and 
        any individual known or suspected to be associated with a 
        foreign terrorist group.
          ``(7) A description of whether any of the contact described 
        in the summary required by paragraph (6) included any 
        information or discussion about hostilities against the United 
        States or its allies or partners.
          ``(8) For each individual described in paragraph (4), the 
        period of time between the date on which the individual was 
        released or transferred from Naval Station, Guantanamo Bay, 
        Cuba, and the date on which it is confirmed that the individual 
        is suspected or confirmed of reengaging in terrorist 
        activities.
          ``(9) The average period of time described in paragraph (8) 
        for all the individuals described in paragraph (4).''.
  (b) Form.--Subsection (a) of such section is amended by adding at the 
end the following: ``The reports may be submitted in classified 
form.''.
  (c) Rule of Construction.--Nothing in this section or the amendments 
made by this section shall be construed to terminate, alter, modify, 
override, or otherwise affect any reporting of information required 
under section 319(c) of the Supplemental Appropriations Act, 2009 
(Public Law 111-32; 123 Stat. 1874; 10 U.S.C. 801 note), as in effect 
immediately before the enactment of this section.

SEC. 332. REPORTS ON FOREIGN FIGHTERS.

  (a) Reports Required.--Not later than 60 days after the date of the 
enactment of this Act, and every 60 days thereafter, the Director of 
National Intelligence shall submit to the congressional intelligence 
committees a report on foreign fighter flows to and from Syria and to 
and from Iraq. The Director shall define the term ``foreign fighter'' 
in such reports.
  (b) Matters To Be Included.--Each report submitted under subsection 
(a) shall include each of the following:
          (1) The total number of foreign fighters who have traveled to 
        Syria or Iraq since January 1, 2011, the total number of 
        foreign fighters in Syria or Iraq as of the date of the 
        submittal of the report, the total number of foreign fighters 
        whose countries of origin have a visa waiver program described 
        in section 217 of the Immigration and Nationality Act (8 U.S.C. 
        1187), the total number of foreign fighters who have left Syria 
        or Iraq, the total number of female foreign fighters, and the 
        total number of deceased foreign fighters.
          (2) The total number of United States persons who have 
        traveled or attempted to travel to Syria or Iraq since January 
        1, 2011, the total number of such persons who have arrived in 
        Syria or Iraq since such date, and the total number of such 
        persons who have returned to the United States from Syria or 
        Iraq since such date.
          (3) The total number of foreign fighters in Terrorist 
        Identities Datamart Environment and the status of each such 
        foreign fighter in that database, the number of such foreign 
        fighters who are on a watchlist, and the number of such foreign 
        fighters who are not on a watchlist.
          (4) The total number of foreign fighters who have been 
        processed with biometrics, including face images, fingerprints, 
        and iris scans.
          (5) Any programmatic updates to the foreign fighter report 
        since the last report was issued, including updated analysis on 
        foreign country cooperation, as well as actions taken, such as 
        denying or revoking visas.
          (6) A worldwide graphic that describes foreign fighters flows 
        to and from Syria, with points of origin by country.
  (c) Form.--The reports submitted under subsection (a) may be 
submitted in classified form.
  (d) Termination.--The requirement to submit reports under subsection 
(a) shall terminate on the date that is three years after the date of 
the enactment of this Act.

SEC. 333. REPORTS ON PRISONER POPULATION AT UNITED STATES NAVAL 
                    STATION, GUANTANAMO BAY, CUBA.

  (a) Reports Required.--Not later than 60 days after the date of the 
enactment of this Act, and every 30 days thereafter, the Director of 
the Defense Intelligence Agency, in coordination with the Director of 
National Intelligence, shall submit to the Members of Congress 
specified in subsection (b) a report on the prisoner population at the 
detention facility at United States Naval Station, Guantanamo Bay, 
Cuba.
  (b) Specified Members and Committees of Congress.--The Members of 
Congress specified in this subsection are the following:
          (1) The majority leader and minority leader of the Senate.
          (2) The Chairman and Ranking Member of the Committee on Armed 
        Services of the Senate.
          (3) The Chairman and Vice Chairman of the Select Committee on 
        Intelligence of the Senate.
          (4) The Chairman and Vice Chairman of the Committee on 
        Appropriations of the Senate.
          (5) The Speaker of the House of Representatives.
          (6) The minority leader of the House of Representatives.
          (7) The Chairman and Ranking Member of the Committee on Armed 
        Services of the House of Representatives.
          (8) The Chairman and Ranking Member of the Permanent Select 
        Committee on Intelligence of the House of Representatives.
          (9) The Chairman and Ranking Member of the Committee on 
        Appropriations of the House of Representatives.
  (c) Matters To Be Included.--Each report submitted under subsection 
(a) shall include each of the following:
          (1) The name and country of origin of each prisoner detained 
        at the detention facility at United States Naval Station 
        Guantanamo Bay, Cuba, as of the date of such report.
          (2) A current summary of the evidence, intelligence, and 
        information used to justify the detention of each prisoner 
        listed under paragraph (1) at United States Naval Station, 
        Guantanamo Bay, Cuba.
          (3) A current accounting of all the measures taken to 
        transfer each prisoner listed under paragraph (1) to the 
        individual's country of citizenship or another country.
          (4) A current description of the number of individuals 
        released or transferred from detention at United States Naval 
        Station, Guantanamo Bay, Cuba, who are confirmed or suspected 
        of returning to terrorist activities after such release or 
        transfer.
          (5) An assessment of any efforts by foreign terrorist 
        organizations to recruit individuals released from detention at 
        United States Naval Station, Guantanamo Bay, Cuba.
          (6) A summary of all contact by any means of communication, 
        including telecommunications, electronic or technical means, in 
        person, written communications, or any other means of 
        communication, regardless of content, between any individual 
        formerly detained at United States Naval Station, Guantanamo 
        Bay, Cuba, and any individual known or suspected to be 
        associated with a foreign terrorist group.
          (7) A description of whether any of the contact described in 
        the summary required by paragraph (6) included any information 
        or discussion about hostilities against the United States or 
        its allies or partners.
          (8) For each individual described in paragraph (4), the 
        period of time between the date on which the individual was 
        released or transferred from United States Naval Station, 
        Guantanamo Bay, Cuba, and the date on which it is confirmed 
        that the individual is suspected or confirmed of reengaging in 
        terrorist activities.
          (9) The average period of time described in paragraph (8) for 
        all the individuals described in paragraph (4).

SEC. 334. REPORT ON USE OF CERTAIN BUSINESS CONCERNS.

  (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
submit to the congressional intelligence communities a report on the 
representation, as of the date of the report, of covered business 
concerns among the contractors that are awarded contracts by elements 
of the intelligence community for goods, equipment, tools, and 
services.
  (b) Matters Included.--The report under subsection (a) shall include 
the following:
          (1) The representation of covered business concerns as 
        described in subsection (a), including such representation by--
                  (A) each type of covered business concern; and
                  (B) each element of the intelligence community.
          (2) If, as of the date of the enactment of this Act, the 
        Director does not record and monitor the statistics required to 
        carry out this section, a description of the actions taken by 
        the Director to ensure that such statistics are recorded and 
        monitored beginning in fiscal year 2016.
          (3) The actions the Director plans to take during fiscal year 
        2016 to enhance the awarding of contracts to covered business 
        concerns by elements of the intelligence community.
  (c) Covered Business Concerns Defined.--In this section, the term 
``covered business concerns'' means the following:
          (1) Minority-owned businesses.
          (2) Women-owned businesses.
          (3) Small disadvantaged businesses.
          (4) Service-disabled veteran-owned businesses.
          (5) Veteran-owned small businesses.

SEC. 335. REPEAL OF CERTAIN REPORTING REQUIREMENTS.

  (a) Quadrennial Audit of Positions Requiring Security Clearances.--
Section 506H of the National Security Act of 1947 (50 U.S.C. 3104) is 
amended--
          (1) by striking subsection (a); and
          (2) by redesignating subsections (b) and (c) as subsections 
        (a) and (b), respectively.
  (b) Reports on Role of Analysts at FBI and FBI Information Sharing.--
Section 2001(g) of the Intelligence Reform and Terrorism Prevention Act 
of 2004 (Public Law 108-458; 118 Stat. 3700; 28 U.S.C. 532 note) is 
amended by striking paragraphs (3) and (4).
  (c) Report on Outside Employment by Officers and Employees of 
Intelligence Community.--
          (1) In general.--Section 102A(u) of the National Security Act 
        of 1947 (50 U.S.C. 3024) is amended--
                  (A) by striking ``(1) The Director'' and inserting 
                ``The Director''; and
                  (B) by striking paragraph (2).
          (2) Conforming amendment.--Subsection (a) of section 507 of 
        such Act (50 U.S.C. 3106(a)) is amended--
                  (A) by striking paragraph (5); and
                  (B) by redesignating paragraph (6) as paragraph (5).
          (3) Technical amendment.--Subsection (c)(1) of such section 
        507 is amended by striking ``subsection (a)(1)'' and inserting 
        ``subsection (a)''.
  (d) Reports on Nuclear Aspirations of Non-state Entities.--Section 
1055 of the National Defense Authorization Act for Fiscal Year 2010 (50 
U.S.C. 2371) is repealed.
  (e) Reports on Espionage by People's Republic of China.--Section 3151 
of the National Defense Authorization Act for Fiscal Year 2000 (42 
U.S.C. 7383e) is repealed.
  (f) Reports on Security Vulnerabilities of National Laboratory 
Computers.--Section 4508 of the Atomic Energy Defense Act (50 U.S.C. 
2659) is repealed.

                                Purpose

    The purpose of H.R. 2596 is to authorize the intelligence 
and intelligence-related activities of the United States 
Government for Fiscal Year 2016. These activities enhance the 
national security of the United States, support and assist the 
armed forces of the United States, and support the President in 
the execution of the foreign policy of the United States.

                Classified Annexes and Committee Intent

    The classified annexes to this report include the 
classified schedules of authorizations and their associated 
explanatory language. The Committee views the classified 
annexes as integral parts of this legislation. The classified 
annexes contain thorough discussions of the issues considered 
by the Committee underlying the funding authorizations found in 
the classified schedules of authorizations. The Committee 
expects that all intelligence programs discussed in the 
classified annexes to this report will follow the guidance and 
limitations set forth as associated language therein. The 
classified schedules of authorizations are incorporated 
directly into this legislation by virtue of section 102 of the 
bill. The classified annexes are available for review by all 
Members of the House of Representatives, subject to the 
requirements of clause 13 of rule XXIII of the Rules of the 
House of Representatives and rule 14 of the Rules of Procedure 
for the House Permanent Select Committee on Intelligence.

                       Scope of Committee Review

    The bill authorizes U.S. intelligence and intelligence-
related activities within the jurisdiction of the Committee, 
including the National Intelligence Program (NIP) and the 
Military Intelligence Program (MIP). The NIP consists of all 
activities of the Office of the Director of National 
Intelligence, as well as those intelligence, intelligence-
related, and counterintelligence activities conducted by: the 
Central Intelligence Agency; the Department of Defense; the 
Defense Intelligence Agency; the National Security Agency; the 
National Reconnaissance Office; the National Geospatial-
Intelligence Agency; the Departments of the Army, Navy, and Air 
Force; the Department of State; the Department of the Treasury; 
the Department of Energy; the Department of Justice; the 
Federal Bureau of Investigation; the U.S. Coast Guard; the 
Department of Homeland Security; and the Drug Enforcement 
Administration. The Committee has exclusive legislative, 
authorizing, and oversight jurisdiction of these programs.

                     Committee Statement and Views

    The Fiscal Year 2016 intelligence authorization bill funds 
all U.S. intelligence activities, spanning 16 separate 
agencies. It provides authorization for critical national 
security functions, including: fighting terrorism and 
countering the proliferation of weapons of mass destruction; 
funding efforts to recover from unauthorized disclosures of 
intelligence capabilities; sustaining activities in Afghanistan 
and Iraq; investing in the resiliency of our national security 
space architecture; providing policy direction on sensitive 
intelligence operations; promoting intelligence integration 
through investment in Intelligence Community-wide information 
technology enterprises; augmenting military-related 
intelligence, surveillance, and reconnaissance capabilities; 
and funding initiatives to prevent cyber attacks and detect 
insider threats.
    This bill sustains today's intelligence capabilities and 
provides for future capabilities while staying within the 
funding constraints of the Budget Control Act (BCA). For Fiscal 
Year 2016, the bill authorizes funding that is slightly below 
the President's budget request level. Its funding levels are in 
line with the levels appropriated by the appropriations act for 
the National Intelligence Program and with the National Defense 
Authorization Act for the Military Intelligence Program. 
However, the Committee remains concerned that sustained fiscal 
pressure on the Intelligence Community will exacerbate existing 
gaps in global coverage for Fiscal Year 2017 and beyond.
    The Overseas Contingency Operations (OCO) function provides 
some relief from the BCA limits, in part because the Committee 
has included certain funding requirements--consistent with H.R. 
1735, the House-passed National Defense Authorization Act, and 
H.R. 2685, the committee-passed Defense Appropriations Act--in 
the OCO function that would normally be considered part of base 
spending. Given the size of the federal debt, the Committee 
does not take that action lightly. Rather, it funds these 
requirements through the OCO accounts to avoid serious damage 
to national security.
    As most of the intelligence budget involves highly 
classified programs, the bulk of this Committee's 
recommendations each year are found in the classified annexes 
to the bill. Among other initiatives, the bill increases 
funding to enhance resiliency and survivability of our space 
architecture, address insider threats, improve personnel 
security programs, and encourage Intelligence Community efforts 
to improve financial management. The classified annexes also 
provide funds to encourage the Intelligence Community to 
continue efforts to improve financial management.
    The legislative provisions are comprised of changes to 
statute that better enable the Community to conduct its 
important mission and to strengthen oversight mechanisms where 
needed.

Strengthening oversight mechanisms

    The Committee continues to strengthen mechanisms that help 
Congress enhance its oversight over elements of the 
Intelligence Community. In particular, notification 
requirements serve as a valuable tool to keep the Committee 
fully and currently informed of intelligence and intelligence-
related activities worldwide. Sections 303 and 304 of the bill 
ensure that specific elements of the executive branch provide 
timely notification requirements on certain intelligence 
activities.
    Even so, the Committee seeks to improve its visibility into 
the classification process and better understand how the 
Intelligence Community determines the classification level of 
especially sensitive reporting and analysis.
    Therefore, the Committee directs the Director of National 
Intelligence to provide, within 60 days of the enactment of 
this Act, a report to the congressional intelligence 
committees. The report shall outline each instance in the past 
five years that the Office of the Director for National 
Intelligence--or any other entity within the executive branch--
directed an element of the Intelligence Community to begin 
disseminating existing uncompartmented intelligence reporting 
or analysis through a compartment or subcompartment.
    The Committee further directs the Director of National 
Intelligence to issue a policy memorandum for each future 
instance when an element of the Intelligence Community receives 
direction to begin disseminating existing uncompartmented 
intelligence reporting or analysis through a compartment or 
subcompartment. The memorandum shall include: the intelligence 
topic and compartment or subcompartment name; the rationale for 
reporting the information through a compartment or 
subcompartment; the identity of the agency that issued the 
direction; the identity of the Intelligence Community element 
that received the direction; the time frame under which the 
Intelligence Community element must report the information 
through compartment or subcompartment; and a plan to 
disseminate the policy memorandum to relevant executive branch 
entities. The Director of National Intelligence shall provide 
the congressional intelligence committees with a copy of each 
policy memorandum within 72 hours of its dissemination within 
the executive branch.

Space resiliency

    One key component of enabling resiliency for space systems 
is maintaining assured access to space through multiple 
reliable, competitive launch service providers. While there has 
been initial progress in introducing competition for National 
Reconnaissance Office and national security space launches, the 
Committee remains concerned about the future of assured access 
to space. In particular, the Committee understands that 
currently, only Atlas V and more expensive heavy-class vehicles 
have the performance to launch certain payloads.
    In the National Defense Authorization Act for Fiscal Year 
2015, Congress mandated the development, by 2019, of a next-
generation rocket propulsion system that enables the effective, 
efficient, and expedient transition from the use of non-allied 
space launch engines to a domestic alternative. The Committee 
views assured access to space as a national security 
imperative. The Committee therefore recommends continued 
efforts to ensure competition between multiple launch service 
providers and expedited development, as soon as feasible, of a 
rocket propulsion system to meet National Reconnaissance Office 
and national security requirements.

Intelligence activities at RAF Croughton

    Section 2310 of H.R. 1735, the House-passed National 
Defense Authorization Act, states that no funds may be expended 
for the construction of the Joint Intelligence Analysis Complex 
Consolidation, Phase 2, at Royal Air Force (RAF) Croughton, 
United Kingdom, until the Secretary of the Air Force, in 
coordination with the Director of the Defense Intelligence 
Agency (DIA), provides a report to the congressional defense 
committees.
    That section also prohibits any actions to realign forces 
at Lajes Air Force Base, Azores, until the Secretary of Defense 
has determined, based on United States operational 
requirements, that Lajes Air Force Base is not an optimal 
location for either the Joint Intelligence Analysis Complex or 
for critical communications or intelligence capabilities. 
Furthermore, Section 8111 of H.R. 2685, the Defense 
Appropriations Act for Fiscal Year 2016, contains the same 
prohibition.
    The Committee supports the limitations specified in Section 
2310 of H.R. 1735 and Section 8111 of H.R. 2685.
    In addition, the Committee directs the Under Secretary of 
Defense for Intelligence and the Director of the DIA to jointly 
provide a report to the congressional intelligence and defense 
committees that details the criteria under which RAF Croughton 
was selected as the site for the Joint Intelligence Analysis 
Complex, including the estimated cost for the construction of 
the complex, the estimated cost of infrastructure improvements 
in the surrounding area, counterintelligence considerations, 
and the cost of locality pay and Living Quarters Allowances for 
personnel assigned to Croughton. The report should also explain 
what, if any, alternative sites were considered for the Joint 
Intelligence Analysis Complex and the costs associated with 
those sites.
    Therefore, the Committee directs that no funds may be 
obligated or expended to realign any intelligence activities to 
RAF Croughton, including for the construction of the Joint 
Intelligence Analysis Complex Consolidation, Phase 2, until the 
Committee receives the report and determination required by 
Section 2310 of H.R. 1735 and Section 8111 of H.R. 2685, and 
the report described in this section.

Declassification of bin Laden documents

    In May 2015, the Office of the Director for National 
Intelligence began to implement Section 313 of the Fiscal Year 
2014 Intelligence Authorization Act by declassifying 86 
intelligence reports the Intelligence Community generated based 
on materials collected in Abbottabad, Pakistan, during the 
mission that killed Usama Bin Laden. The Committee continues to 
support fulsome access for citizens, academics, journalists, 
and historians to the documents so long as declassification 
does not negatively impact current intelligence operations, 
sources, methods, potential Federal Bureau of Investigation 
investigations, judicial proceedings, or other national 
security interests. Despite several briefings on the topic, the 
Committee still lacks sufficient understanding of what 
materials were collected in the May 1, 2011 raid.
    Therefore, the Committee directs the Central Intelligence 
Agency, within 60 days of the enactment of this Act, to provide 
the congressional intelligence committees with all intelligence 
reports based on the documents collected in the May 1, 2011 
raid that killed Usama Bin Laden.

Open source information

    Terrorist groups like al-Qa'ida, Boko Haram, Al Shabaab, 
and the Islamic State of Iraq and the Levant (ISIL) 
successfully use the Internet to recruit, train, and fundraise. 
Through popular public websites, such as video sharing and 
social networking sites, the groups spread violent ideology and 
misleading information, diminishing the value of U.S. 
Government efforts to counter extremist content online.
    The Committee believes that the U.S. Government as a whole, 
and in particular the Intelligence Community, must improve its 
efforts to understand the full scope of terrorist groups' 
messaging campaigns and communications methods online. These 
efforts should not be confined solely to intelligence analysts; 
operational personnel, including intelligence and defense 
officials, must be aware of how terrorist groups make use of 
open source messaging.
    Therefore, the Committee directs the Director of National 
Intelligence and the Under Secretary of Defense for 
Intelligence to jointly brief the congressional intelligence 
committees within 180 days of the enactment of this Act on a 
plan for improving the use of open source information 
throughout the Intelligence Community and the Department of 
Defense (DoD), including the U.S. Special Operations Command. 
The plan should include: (1) ways to expand research and 
development in the use of publicly available information in 
relevant Intelligence Community and DoD elements, including any 
commercially available tools and solutions; (2) a strategy for 
how the Intelligence Community and the DoD can more effectively 
work with private industry and non-governmental organizations 
to gather, store, and analyze publicly available information; 
and (3) a description of training and guidance available to 
Intelligence Community and DoD personnel, including non-
analytic personnel, with respect to the use and analysis of 
publicly available information.

              Committee Consideration and Roll Call Votes

    On June 4, 2015, the Committee met in open and closed 
session and ordered the bill H.R. 2596 favorably reported, as 
amended.

                              OPEN SESSION

    In open session, the Committee considered the text of the 
bill H.R. 2596. Chairman Nunes offered a manager's amendment to 
H.R. 2596. The contents of the manager's amendment are 
described in the Section-by-Section analysis and the 
Explanation of Amendment. In particular, the amendment 
incorporated a provision from Mr. Swalwell to allow national 
laboratories to compete for homeland security grants and a 
provision from Ms. Sewell to evaluate the representation of 
minority-owned, women-owned, veteran-owned businesses and small 
businesses among Intelligence Community contractors. The 
Committee adopted the amendment by a voice vote.
    Ranking Member Schiff offered an amendment that would 
strike the Guantanamo Bay-related sections of the bill. The 
Committee rejected the amendment by a voice vote.
    Mr. Himes offered an amendment that would modify the 
section of the bill that clarified the Privacy and Civil 
Liberties Oversight Board's jurisdiction into covert action. 
The Committee rejected the amendment by a voice vote.
    Mr. Swalwell offered an amendment that would extend federal 
loan forgiveness programs to individuals employed by a 
contractor chosen to manage and operate a National Laboratory. 
The Committee rejected the amendment by a voice vote.

                             CLOSED SESSION

    Chairman Nunes moved to close the meeting for consideration 
of the classified schedule of authorizations because national 
security would be endangered if the matters to be considered 
were disclosed. The motion was agreed to by a record vote of 17 
ayes to 0 noes:

        Voting aye: Mr. Nunes (chairman), Mr. Miller, Mr. 
        Conaway, Mr. LoBiondo, Mr. Rooney, Mr. Heck, Mr. 
        Pompeo, Mr. Turner, Mr. Wenstrup, Mr. Schiff, Mr. 
        Gutierrez, Mr. Himes, Mr. Carson, Ms. Speier, Mr. 
        Quigley, Mr. Swalwell, and Mr. Murphy.

        Voting no: None.

    The Committee considered the classified Fiscal Year 2016 
schedule of authorizations, which it adopted by a voice vote.

                              OPEN SESSION

    By unanimous consent, the Committee returned to open 
session.
    The Committee then adopted a motion by the Chairman to 
favorably report the bill H.R. 2596 to the House, as amended, 
including by reference the classified schedules of 
authorizations, as amended. The motion was agreed to by a voice 
vote.

        Section-by-Section Analysis and Explanation of Amendment


Section 1--Short Title, Table of Contents

    Section 1 lists the title and the table of contents of the 
Intelligence Authorization Act for Fiscal Year 2016.

Section 2--Definitions

    Section 2 defines the terms ``congressional intelligence 
committees'' and the ``Intelligence Community'' that will be 
used in the Intelligence Authorization Act for Fiscal Year 
2016.

Section 3--Budgetary effects

    Section 3 states that the budgetary effects of the Act 
shall be determined by reference to the latest statement 
entitled ``Budgetary Effects of PAYGO Legislation,'' submitted 
for printing in the Congressional Record by the Chairman of the 
Budget Committee of the House of Representatives.

                    TITLE I--INTELLIGENCE ACTIVITIES


Section 101--Authorization of appropriations

    Section 101 lists the United States Government departments, 
agencies, and other elements for which the Act authorizes 
appropriations for intelligence and intelligence-related 
activities for Fiscal Year 2016.

Section 102--Classified schedule of authorizations

    Section 102 provides that the details of the amounts 
authorized to be appropriated for intelligence and 
intelligence-related activities and the applicable personnel 
levels by program for Fiscal Year 2016 are contained in the 
classified Schedule of Authorizations and that the classified 
Schedule of Authorizations shall be made available to the 
Committees on Appropriations of the Senate and House of 
Representatives and to the President.

Section 103--Personnel ceiling adjustments

    Section 103 provides that the Director of National 
Intelligence may authorize employment of civilian personnel in 
Fiscal Year 2016 in excess of the number of authorized 
positions by an amount not exceeding three percent of the total 
limit applicable to each Intelligence Community element under 
Section 102. The Director of National Intelligence may do so 
only if necessary to the performance of important intelligence 
functions.

Section 104--Intelligence Community Management Account

    Section 104 authorizes appropriations for the Intelligence 
Community Management Account (ICMA) of the Director of National 
Intelligence and sets the authorized personnel levels for the 
elements within the ICMA for Fiscal Year 2016.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM


Section 201--Authorization of appropriations

    Section 201 authorizes appropriations in the amount of 
$514,000,000 for Fiscal Year 2016 for the Central Intelligence 
Agency Retirement and Disability Fund.

                     TITLE III--GENERAL PROVISIONS


                      SUBTITLE A--GENERAL MATTERS

Section 301--Increase in employee compensation and benefits authorized 
        by law

    Section 301 provides that funds authorized to be 
appropriated by the Act for salary, pay, retirement, and other 
benefits for federal employees may be increased by such 
additional or supplemental amounts as may be necessary for 
increases in compensation or benefits authorized by law.

Section 302--Restriction on conduct of intelligence activities

    Section 302 provides that the authorization of 
appropriations by the Act shall not be deemed to constitute 
authority for the conduct of any intelligence activity that is 
not otherwise authorized by the Constitution or laws of the 
United States.

Section 303--Notification of new special access programs

    Section 303 requires notification to the congressional 
intelligence and defense committees before the Director of 
National Intelligence or the Secretary of Defense initiates 
certain new special access programs. Section 303 also waives 
the notification requirement in emergency situations, but 
requires the Director of National Intelligence or the Secretary 
of Defense, as appropriate, to provide written notice of the 
waiver and a justification for the waiver.

Section 304--Notification of transfers of funds for certain 
        intelligence activities

    Section 304 requires notification to the congressional 
intelligence committees before transferring funds from the 
Joint Improvised Explosive Device Defeat Fund or the 
Counterterrorism Partnerships Fund to be used for intelligence 
activities.

Section 305--Designation of lead intelligence officer for tunnels

    Section 305 requires the Director of National Intelligence 
to designate an official to manage the collection and analysis 
of intelligence regarding the tactical use of tunnels by State 
and non-State actors.

Section 306--Clarification of authority of Privacy and Civil Liberties 
        Oversight Board

    Section 306 amends the Intelligence Reform and Terrorism 
Prevention Act of 2004 to clarify that nothing in the statute 
authorizing the Privacy and Civil Liberties Oversight Board 
should be construed to allow that Board to gain access to 
information the executive branch deems to be related to covert 
action.

Section 307--Reporting process for tracking country clearance requests

    Section 307 requires the Director of National Intelligence 
to establish a formal reporting process for tracking requests 
for country clearance submitted to overseas Director of 
National Intelligence representatives. Section 307 also 
requires the Director of National Intelligence to brief the 
congressional intelligence committees on its progress.

Section 308--Prohibition on sharing information in response to foreign 
        government inquiries

    Section 308 prohibits any element of the intelligence 
community from sharing any non-public information related to 
intelligence activities carried out by the United States in 
response to a legislative or judicial inquiry from a foreign 
government into the intelligence activities of the United 
States, except for routine intelligence activities with foreign 
partners.

Section 309--National Cyber Threat Intelligence Integration Center

    Section 309 amends Title I of the National Security Act of 
1947 by inserting a new Section 119B. That new section 
establishes the Cyber Threat Intelligence Integration Center 
(CTIIC) within the Office of the Director of National 
Intelligence. Section 119B also lays out the missions of the 
CTIIC and imposes certain limitations regarding the center's 
personnel and location.

Section 310--Intelligence community business system transformation

    Section 310 amends section 506D of the National Security 
Act of 1947 to transfer the statutory responsibilities of the 
now-dissolved Office of Business Transformation to the Chief 
Information Officer of the Intelligence Community. It also 
clarifies that business system transformation projects 
certified by the Chief Information Officer of the Intelligence 
Community are deemed to be in compliance with section 2222 of 
title 10, United States Code, which would otherwise require 
these transformation efforts to be certified twice.

Section 311--Inclusion of Inspector General of Intelligence Community 
        in Council of Inspectors General on Integrity and Efficiency

    Section 311 amends Section 11(b)(1)(B) of the Inspector 
General Act of 1978 to reflect the correct name of the Office 
of the Inspector General of the Intelligence Community. The 
section also clarifies that the Inspector General of the 
Intelligence Community is a member of the Council of the 
Inspectors General on Integrity and Efficiency.

Section 312--Authorities of the Inspector General for the Central 
        Intelligence Agency

    Section 312 amends Section 17 of the Central Intelligence 
Agency Act of 1949 to consolidate the Inspector General's 
personnel authorities and to provide the Inspector General with 
the same authorities as other Inspector Generals to request 
assistance and information from federal, state, and local 
agencies or units thereof.

Section 313--Provision of information and assistance to Inspector 
        General of the Intelligence Community

    Section 313 amends the National Security Act of 1947 to 
clarify the Inspector General of the Intelligence Community's 
authority to seek information and assistance from federal, 
state, and local agencies or units thereof.

Section 314--Clarification relating to information access by 
        Comptroller General

    Section 313 clarifies that the directive issued by the 
Director of National Intelligence related to access by the 
Comptroller General to Intelligence Community information shall 
not prohibit the Comptroller General from obtaining information 
necessary to carry out an audit or review at the request of the 
congressional intelligence and defense committees.

Section 315--Expanding access to homeland security grant funds

    Section 315 amends Section 2008(a) of the Homeland Security 
Act of 2002 to clarify that the Department of Energy's national 
laboratories may seek access to homeland security grant funds.

Section 316--Technical amendments relating to pay

    Section 314 amends 5 U.S. C. 5102(a)(1) to expressly 
exclude the Office of the Director of National Intelligence 
(ODNI) from the provisions of chapter 51 of title 5, relating 
to position classification, pay, and allowances for General 
Schedule employees, which does not apply to ODNI by virtue of 
the National Security Act. This proposal would have no 
substantive effect.

             SUBTITLE B--MATTERS RELATING TO GUANTANAMO BAY

Section 321--Prohibition on use of funds for transfer or release of 
        individual detained at Guantanamo Bay

    Section 321 states that no amounts authorized to be 
appropriated or otherwise made available to an element of the 
Intelligence Community may be used to transfer or release 
individuals detained at Guantanamo Bay.

Section 322--Prohibition on use of funds to construct or modify 
        facilities in the United States to house detainees transferred 
        from Guantanamo Bay

    Section 322 states that no amounts authorized to be 
appropriated or otherwise made available to an element of the 
Intelligence Community may be used to construct or modify 
facilities in the United States to house detainees transferred 
from Guantanamo Bay.

Section 323--Prohibition on use of funds to transfer or release 
        individual detained at Guantanamo Bay to combat zones

    Section 323 states that no amounts authorized to be 
appropriated or otherwise made available to an element of the 
Intelligence Community may be used to transfer or release an 
individual detained at Guantanamo Bay to a combat zone. Section 
323 defines combat zones for purposes of the Internal Revenue 
Service for which the income of a member of the Armed Forces 
was excluded during 2014, 2015, or 2016 by reason of a member's 
service on active duty in such area.

                          SUBTITLE C--REPORTS

Section 331--Reports to Congress on individuals detained at Guantanamo 
        Bay

    Section 331 amends section 319 of the Supplemental 
Appropriations Act of 2009 to request additional information on 
the activities of released detainees. In particular, Section 
331 requires a summary of all contact by any means of 
communication between any individual formerly detained at 
Guantanamo Bay and any individual known or suspected to be 
associated with a foreign terrorist group, a description of any 
of the contact described above, and the period of time between 
the date of release and transfer and the date of suspected or 
confirmed reengagement.

Section 332--Reports on foreign fighters

    Section 332 requires the Director of National Intelligence 
to submit a report every 60 days for the three years following 
the enactment of this Act to the congressional intelligence 
committees on foreign fighter flows to and from Syria and Iraq. 
Section 332 requires information on the total number of foreign 
fighters who have traveled to Syria or Iraq, the total number 
of United States persons who have traveled or attempted to 
travel to Syria or Iraq, the total number of foreign fighters 
in Terrorist Identities Datamart Environment, the total number 
of foreign fighters who have been processed with biometrics, 
any programmatic updates to the foreign fighter report, and a 
worldwide graphic that describes foreign fighter flows to and 
from Syria.

Section 333--Reports on prison population at Guantanamo Bay

    Section 333 requires the Director of the Defense 
Intelligence Agency to submit a report to specific Members of 
Congress on the prisoner population at Guantanamo Bay. Section 
333 requires the name and country of origin of each prisoner, 
the current summary of evidence, intelligence, and information 
used to justify detention, a current accounting of measures 
taken to transfer each prisoner, a current description of the 
number of individuals transferred or released who are confirmed 
or suspected of returning to terrorist activities, an 
assessment of any efforts by foreign terrorist organizations to 
recruit individuals released from detention, a summary of all 
contact by any means of communication between any individual 
formerly detained at Guantanamo Bay and any individual known or 
suspected to be associated with a foreign terrorist group, and 
the period of time between the date of release and transfer and 
the date of suspected or confirmed reengagement.

Section 334--Report on use of certain business concerns

    Section 334 requires the Director of National Intelligence 
to submit to the congressional intelligence committees a report 
of covered business concerns--including minority-owned, women-
owned, small disadvantaged, service-enabled veteran-owned, and 
veteran-owned small businesses--among contractors that are 
awarded contracts by the intelligence community for goods, 
equipment, tools and services.

Section 335--Repeal of certain reporting requirements

    Section 335 repeals certain reporting requirements.

                 Oversight Findings and Recommendations

    With respect to clause 3(c)(1) of rule XIII of the Rules of 
the House of Representatives, the Committee held multiple 
hearings on the classified budgetary issues raised by H.R. 
2596. The bill, as reported by the Committee, reflects 
conclusions reached by the Committee in light of this oversight 
activity.

                General Performance Goals and Objectives

    The goals and objectives of H.R. 2596 are to authorize the 
intelligence and intelligence-related activities of the United 
States Government for Fiscal Year 2016. These activities 
enhance the national security of the United States, support and 
assist the armed forces of the United States, and support the 
President in the execution of the foreign policy of the United 
States.
    The classified annexes that accompany this report reflect 
in great detail the Committee's specific performance goals and 
objectives at the programmatic level with respect to classified 
programs.

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement of 
whether the provisions of the reported bill include unfunded 
mandates. In compliance with this requirement, the Committee 
has received a letter from the Congressional Budget Office 
included herein.

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 8, 2015.
Hon. Devin Nunes,
Chairman, Permanent Select Committee on Intelligence,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2596, the 
Intelligence Authorization Act for Fiscal Year 2016.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is William Ma.
            Sincerely,
                                              Keith Hall, Director.
    Enclosure.

H.R. 2596--Intelligence Authorization Act for Fiscal Year 2016

    Summary: H.R. 2596 would authorize appropriations for 
fiscal 2016 for intelligence activities of the U.S. government, 
for the Intelligence Community Management Account (ICMA), and 
for the Central Intelligence Agency Retirement and Disability 
System (CIARDS).
    CBO does not provide estimates for classified programs; 
therefore, this estimate addresses only the unclassified 
aspects of the bill. On that limited basis, CBO estimates that 
implementing the unclassified provisions of the bill would cost 
about $660 million over the 2016-2020 period, subject to 
appropriation of the specified and estimated amounts. Enacting 
H.R. 2596 would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would not affect the budgets of state, local, or tribal 
governments.
    Estimated costs to the Federal Government: The estimated 
budgetary effects of H.R. 2596 are shown in the following 
table. The costs of this legislation fall within budget 
function 050 (national defense).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                    ------------------------------------------------------------
                                                       2016      2017      2018      2019      2020    2016-2020
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION
 
Intelligence Community Management Account:
    Authorization Level............................       502         0         0         0         0        502
    Estimated Outlays..............................       326       141        18         8         3        496
National Cyber Threat Intelligence Integration
 Center:
    Estimated Authorization Level..................        35        36        37        38        39        185
    Estimated Outlays..............................        23        33        35        37        38        166
    Total:
        Estimated Authorization Level..............       537        36        37        38        39        687
        Estimated Outlays..........................       349       174        53        45        41        662
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
2596 will be enacted near the beginning of fiscal year 2016, 
that the specified and estimated amounts will be appropriated, 
and that outlays will follow historical spending patterns for 
existing or similar programs.

Intelligence Community Management Account

    Section 104 would authorize an appropriation of nearly $502 
million for fiscal year 2016 for the ICMA. That amount is about 
one percent less than the amount appropriated for that account 
for fiscal year 2015. The ICMA is the principal source of 
funding for the Office of the Director of National Intelligence 
(ODNI) and for managing the intelligence agencies. Assuming 
appropriation of the specified amount, CBO estimates that 
implementing section 104 would cost $496 million over the 2016-
2020 period.

National Cyber Threat Intelligence Integration Center

    Section 309 would establish a National Cyber Threat 
Intelligence Integration Center (CTIIC) that would be 
responsible for analyzing, integrating, and disseminating 
intelligence on cyber threats within the federal government. In 
February of this year, based on authority in current law to 
establish intelligence centers, the President announced his 
intention to establish a CTIIC within the ODNI; however, the 
process for establishing and creating that operational center 
has not been completed. H.R. 2596 would require such a center 
to have a maximum of 50 permanent positions. CBO estimates, 
based on publicly available information regarding the planned 
center, the personnel ceiling in HR. 2596, and budget data from 
the Office of Management and Budget, that implementing this 
provision would cost approximately $166 million over the 2016-
2020 period, assuming appropriation of the estimated amounts.

Central Intelligence Agency Retirement and Disability System

    Section 201 would authorize the appropriation of $514 
million for CIARDS for fiscal year 2016 to maintain the proper 
funding level for operating that retirement and disability 
system. Appropriations to CIARDS are treated as direct spending 
in the budget. Because the amounts authorized to be 
appropriated are the same as the amounts projected in CBO's 
baseline, CBO does not ascribe any additional cost to this 
provision.
    Intergovernmental and private-sector impact: H.R. 2596 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Previous CBO estimate: On April 13, 2015, CBO transmitted a 
cost estimate for H.R. 1560, the Protecting Cyber Networks Act, 
as ordered reported by the House Permanent Select Committee on 
Intelligence on March 26, 2015. Section 309 of H.R. 2596 is 
similar to section 4 of H.R. 1560; both sections would 
establish a CTIIC within the ODNI. CBO's estimated costs for 
establishing a CTIIC are the same.
    Estimate prepared by: Federal Costs: William Ma; Impact on 
State, Local, and Tribal Governments: Jon Sperl; Impact on the 
Private Sector: Paige Piper-Bach.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                  Statement on Congressional Earmarks

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee states that the bill as 
reported contains no congressional earmarks, limited tax 
benefits, or limited tariff benefits.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004

           *       *       *       *       *       *       *



TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY

           *       *       *       *       *       *       *


                Subtitle F--Privacy and Civil Liberties

SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

  (a) In General.--There is established as an independent 
agency within the executive branch a Privacy and Civil 
Liberties Oversight Board (referred to in this section as the 
``Board'').
  (b) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, 
Congress makes the following findings:
          (1) In conducting the war on terrorism, the 
        Government may need additional powers and may need to 
        enhance the use of its existing powers.
          (2) This shift of power and authority to the 
        Government calls for an enhanced system of checks and 
        balances to protect the precious liberties that are 
        vital to our way of life and to ensure that the 
        Government uses its powers for the purposes for which 
        the powers were given.
          (3) The National Commission on Terrorist Attacks Upon 
        the United States correctly concluded that ``The choice 
        between security and liberty is a false choice, as 
        nothing is more likely to endanger America's liberties 
        than the success of a terrorist attack at home. Our 
        history has shown us that insecurity threatens liberty. 
        Yet, if our liberties are curtailed, we lose the values 
        that we are struggling to defend.''.
  (c) Purpose.--The Board shall--
          (1) analyze and review actions the executive branch 
        takes to protect the Nation from terrorism, ensuring 
        that the need for such actions is balanced with the 
        need to protect privacy and civil liberties; and
          (2) ensure that liberty concerns are appropriately 
        considered in the development and implementation of 
        laws, regulations, and policies related to efforts to 
        protect the Nation against terrorism.
  (d) Functions.--
          (1) Advice and counsel on policy development and 
        implementation.--The Board shall--
                  (A) review proposed legislation, regulations, 
                and policies related to efforts to protect the 
                Nation from terrorism, including the 
                development and adoption of information sharing 
                guidelines under subsections (d) and (f) of 
                section 1016;
                  (B) review the implementation of new and 
                existing legislation, regulations, and policies 
                related to efforts to protect the Nation from 
                terrorism, including the implementation of 
                information sharing guidelines under 
                subsections (d) and (f) of section 1016;
                  (C) advise the President and the departments, 
                agencies, and elements of the executive branch 
                to ensure that privacy and civil liberties are 
                appropriately considered in the development and 
                implementation of such legislation, 
                regulations, policies, and guidelines; and
                  (D) in providing advice on proposals to 
                retain or enhance a particular governmental 
                power, consider whether the department, agency, 
                or element of the executive branch has 
                established--
                          (i) that the need for the power is 
                        balanced with the need to protect 
                        privacy and civil liberties;
                          (ii) that there is adequate 
                        supervision of the use by the executive 
                        branch of the power to ensure 
                        protection of privacy and civil 
                        liberties; and
                          (iii) that there are adequate 
                        guidelines and oversight to properly 
                        confine its use.
          (2) Oversight.--The Board shall continually review--
                  (A) the regulations, policies, and 
                procedures, and the implementation of the 
                regulations, policies, and procedures, of the 
                departments, agencies, and elements of the 
                executive branch relating to efforts to protect 
                the Nation from terrorism to ensure that 
                privacy and civil liberties are protected;
                  (B) the information sharing practices of the 
                departments, agencies, and elements of the 
                executive branch relating to efforts to protect 
                the Nation from terrorism to determine whether 
                they appropriately protect privacy and civil 
                liberties and adhere to the information sharing 
                guidelines issued or developed under 
                subsections (d) and (f) of section 1016 and to 
                other governing laws, regulations, and policies 
                regarding privacy and civil liberties; and
                  (C) other actions by the executive branch 
                relating to efforts to protect the Nation from 
                terrorism to determine whether such actions--
                          (i) appropriately protect privacy and 
                        civil liberties; and
                          (ii) are consistent with governing 
                        laws, regulations, and policies 
                        regarding privacy and civil liberties.
          (3) Relationship with privacy and civil liberties 
        officers.--The Board shall--
                  (A) receive and review reports and other 
                information from privacy officers and civil 
                liberties officers under section 1062;
                  (B) when appropriate, make recommendations to 
                such privacy officers and civil liberties 
                officers regarding their activities; and
                  (C) when appropriate, coordinate the 
                activities of such privacy officers and civil 
                liberties officers on relevant interagency 
                matters.
          (4) Testimony.--The members of the Board shall appear 
        and testify before Congress upon request.
  (e) Reports.--
          (1) In general.--The Board shall--
                  (A) receive and review reports from privacy 
                officers and civil liberties officers under 
                section 1062; and
                  (B) periodically submit, not less than 
                semiannually, reports--
                          (i)(I) to the appropriate committees 
                        of Congress, including the Committee on 
                        the Judiciary of the Senate, the 
                        Committee on the Judiciary of the House 
                        of Representatives, the Committee on 
                        Homeland Security and Governmental 
                        Affairs of the Senate, the Committee on 
                        Homeland Security of the House of 
                        Representatives, the Committee on 
                        Oversight and Government Reform of the 
                        House of Representatives, the Select 
                        Committee on Intelligence of the 
                        Senate, and the Permanent Select 
                        Committee on Intelligence of the House 
                        of Representatives; and
                          (II) to the President; and
                          (ii) which shall be in unclassified 
                        form to the greatest extent possible, 
                        with a classified annex where 
                        necessary.
          (2) Contents.--Not less than 2 reports submitted each 
        year under paragraph (1)(B) shall include--
                  (A) a description of the major activities of 
                the Board during the preceding period;
                  (B) information on the findings, conclusions, 
                and recommendations of the Board resulting from 
                its advice and oversight functions under 
                subsection (d);
                  (C) the minority views on any findings, 
                conclusions, and recommendations of the Board 
                resulting from its advice and oversight 
                functions under subsection (d);
                  (D) each proposal reviewed by the Board under 
                subsection (d)(1) that--
                          (i) the Board advised against 
                        implementation; and
                          (ii) notwithstanding such advice, 
                        actions were taken to implement; and
                  (E) for the preceding period, any requests 
                submitted under subsection (g)(1)(D) for the 
                issuance of subpoenas that were modified or 
                denied by the Attorney General.
  (f) Informing the Public.--The Board shall--
          (1) make its reports, including its reports to 
        Congress, available to the public to the greatest 
        extent that is consistent with the protection of 
        classified information and applicable law; and
          (2) hold public hearings and otherwise inform the 
        public of its activities, as appropriate and in a 
        manner consistent with the protection of classified 
        information and applicable law.
  (g) Access to Information.--
          (1) Authorization.--If determined by the Board to be 
        necessary to carry out its responsibilities under this 
        section, the Board is authorized to--
                  (A) have access from any department, agency, 
                or element of the executive branch, or any 
                Federal officer or employee of any such 
                department, agency, or element, to all relevant 
                records, reports, audits, reviews, documents, 
                papers, recommendations, or other relevant 
                material, including classified information 
                consistent with applicable law;
                  (B) interview, take statements from, or take 
                public testimony from personnel of any 
                department, agency, or element of the executive 
                branch, or any Federal officer or employee of 
                any such department, agency, or element;
                  (C) request information or assistance from 
                any State, tribal, or local government; and
                  (D) at the direction of a majority of the 
                members of the Board, submit a written request 
                to the Attorney General of the United States 
                that the Attorney General require, by subpoena, 
                persons (other than departments, agencies, and 
                elements of the executive branch) to produce 
                any relevant information, documents, reports, 
                answers, records, accounts, papers, and other 
                documentary or testimonial evidence.
          (2) Review of subpoena request.--
                  (A) In general.--Not later than 30 days after 
                the date of receipt of a request by the Board 
                under paragraph (1)(D), the Attorney General 
                shall--
                          (i) issue the subpoena as requested; 
                        or
                          (ii) provide the Board, in writing, 
                        with an explanation of the grounds on 
                        which the subpoena request has been 
                        modified or denied.
                  (B) Notification.--If a subpoena request is 
                modified or denied under subparagraph (A)(ii), 
                the Attorney General shall, not later than 30 
                days after the date of that modification or 
                denial, notify the Committee on the Judiciary 
                of the Senate and the Committee on the 
                Judiciary of the House of Representatives.
          (3) Enforcement of subpoena.--In the case of 
        contumacy or failure to obey a subpoena issued pursuant 
        to paragraph (1)(D), the United States district court 
        for the judicial district in which the subpoenaed 
        person resides, is served, or may be found may issue an 
        order requiring such person to produce the evidence 
        required by such subpoena.
          (4) Agency cooperation.--Whenever information or 
        assistance requested under subparagraph (A) or (B) of 
        paragraph (1) is, in the judgment of the Board, 
        unreasonably refused or not provided, the Board shall 
        report the circumstances to the head of the department, 
        agency, or element concerned without delay. The head of 
        the department, agency, or element concerned shall 
        ensure that the Board is given access to the 
        information, assistance, material, or personnel the 
        Board determines to be necessary to carry out its 
        functions.
          (5) Limitations.--Nothing in this section shall be 
        construed to authorize the Board, or any agent thereof, 
        to gain access to information that an executive branch 
        agency deems related to covert action, as such term is 
        defined in section 503(e) of the National Security Act 
        of 1947 (50 U.S.C. 3093(e)).
  (h) Membership.--
          (1) Members.--The Board shall be composed of a full-
        time chairman and 4 additional members, who shall be 
        appointed by the President, by and with the advice and 
        consent of the Senate.
          (2) Qualifications.--Members of the Board shall be 
        selected solely on the basis of their professional 
        qualifications, achievements, public stature, expertise 
        in civil liberties and privacy, and relevant 
        experience, and without regard to political 
        affiliation, but in no event shall more than 3 members 
        of the Board be members of the same political party. 
        The President shall, before appointing an individual 
        who is not a member of the same political party as the 
        President, consult with the leadership of that party, 
        if any, in the Senate and House of Representatives.
          (3) Incompatible office.--An individual appointed to 
        the Board may not, while serving on the Board, be an 
        elected official, officer, or employee of the Federal 
        Government, other than in the capacity as a member of 
        the Board.
          (4) Term.--Each member of the Board shall serve a 
        term of 6 years, except that--
                  (A) a member appointed to a term of office 
                after the commencement of such term may serve 
                under such appointment only for the remainder 
                of such term; and
                  (B) upon the expiration of the term of office 
                of a member, the member shall continue to serve 
                until the member's successor has been appointed 
                and qualified, except that no member may serve 
                under this subparagraph--
                          (i) for more than 60 days when 
                        Congress is in session unless a 
                        nomination to fill the vacancy shall 
                        have been submitted to the Senate; or
                          (ii) after the adjournment sine die 
                        of the session of the Senate in which 
                        such nomination is submitted.
          (5) Quorum and meetings.--The Board shall meet upon 
        the call of the chairman or a majority of its members. 
        Three members of the Board shall constitute a quorum.
  (i) Compensation and Travel Expenses.--
          (1) Compensation.--
                  (A) Chairman.--The chairman of the Board 
                shall be compensated at the rate of pay payable 
                for a position at level III of the Executive 
                Schedule under section 5314 of title 5, United 
                States Code.
                  (B) Members.--Each member of the Board shall 
                be compensated at a rate of pay payable for a 
                position at level IV of the Executive Schedule 
                under section 5315 of title 5, United States 
                Code, for each day during which that member is 
                engaged in the actual performance of the duties 
                of the Board.
          (2) Travel expenses.--Members of the Board shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for persons employed 
        intermittently by the Government under section 5703(b) 
        of title 5, United States Code, while away from their 
        homes or regular places of business in the performance 
        of services for the Board.
  (j) Staff.--
          (1) Appointment and compensation.--The chairman of 
        the Board, in accordance with rules agreed upon by the 
        Board, shall appoint and fix the compensation of a 
        full-time executive director and such other personnel 
        as may be necessary to enable the Board to carry out 
        its functions, without regard to the provisions of 
        title 5, United States Code, governing appointments in 
        the competitive service, and without regard to the 
        provisions of chapter 51 and subchapter III of chapter 
        53 of such title relating to classification and General 
        Schedule pay rates, except that no rate of pay fixed 
        under this subsection may exceed the equivalent of that 
        payable for a position at level V of the Executive 
        Schedule under section 5316 of title 5, United States 
        Code.
          (2) Detailees.--Any Federal employee may be detailed 
        to the Board without reimbursement from the Board, and 
        such detailee shall retain the rights, status, and 
        privileges of the detailee's regular employment without 
        interruption.
          (3) Consultant services.--The Board may procure the 
        temporary or intermittent services of experts and 
        consultants in accordance with section 3109 of title 5, 
        United States Code, at rates that do not exceed the 
        daily rate paid a person occupying a position at level 
        IV of the Executive Schedule under section 5315 of such 
        title.
  (k) Security Clearances.--
          (1) In general.--The appropriate departments, 
        agencies, and elements of the executive branch shall 
        cooperate with the Board to expeditiously provide the 
        Board members and staff with appropriate security 
        clearances to the extent possible under existing 
        procedures and requirements.
          (2) Rules and procedures.--After consultation with 
        the Secretary of Defense, the Attorney General, and the 
        Director of National Intelligence, the Board shall 
        adopt rules and procedures of the Board for physical, 
        communications, computer, document, personnel, and 
        other security relating to carrying out the functions 
        of the Board.
  (l) Treatment as Agency, Not as Advisory Committee.--The 
Board--
          (1) is an agency (as defined in section 551(1) of 
        title 5, United States Code); and
          (2) is not an advisory committee (as defined in 
        section 3(2) of the Federal Advisory Committee Act (5 
        U.S.C. App.)).
  (m) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section amounts as follows:
          (1) For fiscal year 2008, $5,000,000.
          (2) For fiscal year 2009, $6,650,000.
          (3) For fiscal year 2010, $8,300,000.
          (4) For fiscal year 2011, $10,000,000.
          (5) For fiscal year 2012 and each subsequent fiscal 
        year, such sums as may be necessary.

           *       *       *       *       *       *       *


               TITLE II--FEDERAL BUREAU OF INVESTIGATION

SEC. 2001. IMPROVEMENT OF INTELLIGENCE CAPABILITIES OF THE FEDERAL 
                    BUREAU OF INVESTIGATION.

  (a) Findings.--Congress makes the following findings:
          (1) The National Commission on Terrorist Attacks Upon 
        the United States in its final report stated that, 
        under Director Robert Mueller, the Federal Bureau of 
        Investigation has made significant progress in 
        improving its intelligence capabilities.
          (2) In the report, the members of the Commission also 
        urged that the Federal Bureau of Investigation fully 
        institutionalize the shift of the Bureau to a 
        preventive counterterrorism posture.
  (b) Improvement of Intelligence Capabilities.--The Director 
of the Federal Bureau of Investigation shall continue efforts 
to improve the intelligence capabilities of the Federal Bureau 
of Investigation and to develop and maintain within the Bureau 
a national intelligence workforce.
  (c) National Intelligence Workforce.--(1) In developing and 
maintaining a national intelligence workforce under subsection 
(b), the Director of the Federal Bureau of Investigation shall 
develop and maintain a specialized and integrated national 
intelligence workforce consisting of agents, analysts, 
linguists, and surveillance specialists who are recruited, 
trained, and rewarded in a manner which ensures the existence 
within the Federal Bureau of Investigation of an institutional 
culture with substantial expertise in, and commitment to, the 
intelligence mission of the Bureau.
  (2) Each agent employed by the Bureau after the date of the 
enactment of this Act shall receive basic training in both 
criminal justice matters and national intelligence matters.
  (3) Each agent employed by the Bureau after the date of the 
enactment of this Act shall, to the maximum extent practicable, 
be given the opportunity to undergo, during such agent's early 
service with the Bureau, meaningful assignments in criminal 
justice matters and in national intelligence matters.
  (4) The Director shall--
          (A) establish career positions in national 
        intelligence matters for agents, analysts, and related 
        personnel of the Bureau; and
          (B) in furtherance of the requirement under 
        subparagraph (A) and to the maximum extent practicable, 
        afford agents, analysts, and related personnel of the 
        Bureau the opportunity to work in the career specialty 
        selected by such agents, analysts, and related 
        personnel over their entire career with the Bureau.
  (5) The Director shall carry out a program to enhance the 
capacity of the Bureau to recruit and retain individuals with 
backgrounds in intelligence, international relations, language, 
technology, and other skills relevant to the intelligence 
mission of the Bureau.
  (6) The Director shall, to the maximum extent practicable, 
afford the analysts of the Bureau training and career 
opportunities commensurate with the training and career 
opportunities afforded analysts in other elements of the 
intelligence community.
  (7) Commencing as soon as practicable after the date of the 
enactment of this Act, each direct supervisor of a Field 
Intelligence Group, and each Bureau Operational Manager at the 
Section Chief and Assistant Special Agent in Charge (ASAC) 
level and above, shall be a certified intelligence officer.
  (8) The Director shall, to the maximum extent practicable, 
ensure that the successful discharge of advanced training 
courses, and of one or more assignments to another element of 
the intelligence community, is a precondition to advancement to 
higher level intelligence assignments within the Bureau.
  (d) Field Office Matters.--(1) In improving the intelligence 
capabilities of the Federal Bureau of Investigation under 
subsection (b), the Director of the Federal Bureau of 
Investigation shall ensure that each Field Intelligence Group 
reports directly to a field office senior manager responsible 
for intelligence matters.
  (2) The Director shall provide for such expansion of the 
secure facilities in the field offices of the Bureau as is 
necessary to ensure the discharge by the field offices of the 
intelligence mission of the Bureau.
  (3) The Director shall require that each Field Intelligence 
Group manager ensures the integration of analysts, agents, 
linguists, and surveillance personnel in the field.
  (e) Discharge of Improvements.--(1) The Director of the 
Federal Bureau of Investigation shall carry out subsections (b) 
through (d) through the head of the Directorate of Intelligence 
of the Federal Bureau of Investigation.
  (2) The Director of the Federal Bureau of Investigation shall 
carry out subsections (b) through (d) under the joint guidance 
of the Attorney General and the Director of National 
Intelligence in a manner consistent with applicable law.
  (f) Budget Matters.--The Director of the Federal Bureau of 
Investigation shall establish a budget structure of the Federal 
Bureau of Investigation to reflect the four principal missions 
of the Bureau as follows:
          (1) Intelligence.
          (2) Counterterrorism and counterintelligence.
          (3) Criminal Enterprises/Federal Crimes.
          (4) Criminal justice services.
  (g) Reports.--(1) Not later than 180 days after the date of 
the enactment of this Act, the Director of the Federal Bureau 
of Investigation shall submit to Congress a report on the 
progress made as of the date of such report in carrying out the 
requirements of this section.
  (2) The Director shall include in each annual program review 
of the Federal Bureau of Investigation that is submitted to 
Congress a report on the progress made by each field office of 
the Bureau during the period covered by such review in 
addressing Bureau and national program priorities.
  [(3) Not later than 180 days after the date of the enactment 
of this Act, and every 12 months thereafter, the Director shall 
submit to Congress a report assessing the qualifications, 
status, and roles of analysts at Bureau headquarters and in the 
field offices of the Bureau.
  [(4) Not later than 180 days after the date of the enactment 
of this Act, and every 12 months thereafter, the Director shall 
submit to Congress a report on the progress of the Bureau in 
implementing information-sharing principles.]

           *       *       *       *       *       *       *

                              ----------                              


                     NATIONAL SECURITY ACT OF 1947

                              short title

  That this Act may be cited as the ``National Security Act of 
1947''.

     * * * * * * *

               Title I--Coordination for National Security

     * * * * * * *
[Sec. 119B. National intelligence centers.]
Sec. 119B. Cyber Threat Intelligence Integration Center.
Sec. 119C. National intelligence centers.

           *       *       *       *       *       *       *


TITLE I--COORDINATION FOR NATIONAL SECURITY

           *       *       *       *       *       *       *


     responsibilities and authorities of the director of national 
                              intelligence

  Sec. 102A. (a) Provision of Intelligence.--(1) The Director 
of National Intelligence shall be responsible for ensuring that 
national intelligence is provided--
          (A) to the President;
          (B) to the heads of departments and agencies of the 
        executive branch;
          (C) to the Chairman of the Joint Chiefs of Staff and 
        senior military commanders;
          (D) to the Senate and House of Representatives and 
        the committees thereof; and
          (E) to such other persons as the Director of National 
        Intelligence determines to be appropriate.
  (2) Such national intelligence should be timely, objective, 
independent of political considerations, and based upon all 
sources available to the intelligence community and other 
appropriate entities.
  (b) Access to Intelligence.--Unless otherwise directed by the 
President, the Director of National Intelligence shall have 
access to all national intelligence and intelligence related to 
the national security which is collected by any Federal 
department, agency, or other entity, except as otherwise 
provided by law or, as appropriate, under guidelines agreed 
upon by the Attorney General and the Director of National 
Intelligence.
  (c) Budget Authorities.--(1) With respect to budget requests 
and appropriations for the National Intelligence Program, the 
Director of National Intelligence shall--
          (A) based on intelligence priorities set by the 
        President, provide to the heads of departments 
        containing agencies or organizations within the 
        intelligence community, and to the heads of such 
        agencies and organizations, guidance for developing the 
        National Intelligence Program budget pertaining to such 
        agencies and organizations;
          (B) based on budget proposals provided to the 
        Director of National Intelligence by the heads of 
        agencies and organizations within the intelligence 
        community and the heads of their respective departments 
        and, as appropriate, after obtaining the advice of the 
        Joint Intelligence Community Council, develop and 
        determine an annual consolidated National Intelligence 
        Program budget; and
          (C) present such consolidated National Intelligence 
        Program budget, together with any comments from the 
        heads of departments containing agencies or 
        organizations within the intelligence community, to the 
        President for approval.
  (2) In addition to the information provided under paragraph 
(1)(B), the heads of agencies and organizations within the 
intelligence community shall provide the Director of National 
Intelligence such other information as the Director shall 
request for the purpose of determining the annual consolidated 
National Intelligence Program budget under that paragraph.
  (3)(A) The Director of National Intelligence shall 
participate in the development by the Secretary of Defense of 
the annual budget for the Military Intelligence Program or any 
successor program or programs.
  (B) The Director of National Intelligence shall provide 
guidance for the development of the annual budget for each 
element of the intelligence community that is not within the 
National Intelligence Program.
  (4) The Director of National Intelligence shall ensure the 
effective execution of the annual budget for intelligence and 
intelligence-related activities.
  (5)(A) The Director of National Intelligence shall be 
responsible for managing appropriations for the National 
Intelligence Program by directing the allotment or allocation 
of such appropriations through the heads of the departments 
containing agencies or organizations within the intelligence 
community and the Director of the Central Intelligence Agency, 
with prior notice (including the provision of appropriate 
supporting information) to the head of the department 
containing an agency or organization receiving any such 
allocation or allotment or the Director of the Central 
Intelligence Agency.
  (B) Notwithstanding any other provision of law, pursuant to 
relevant appropriations Acts for the National Intelligence 
Program, the Director of the Office of Management and Budget 
shall exercise the authority of the Director of the Office of 
Management and Budget to apportion funds, at the exclusive 
direction of the Director of National Intelligence, for 
allocation to the elements of the intelligence community 
through the relevant host executive departments and the Central 
Intelligence Agency. Department comptrollers or appropriate 
budget execution officers shall allot, allocate, reprogram, or 
transfer funds appropriated for the National Intelligence 
Program in an expeditious manner.
  (C) The Director of National Intelligence shall monitor the 
implementation and execution of the National Intelligence 
Program by the heads of the elements of the intelligence 
community that manage programs and activities that are part of 
the National Intelligence Program, which may include audits and 
evaluations.
  (6) Apportionment and allotment of funds under this 
subsection shall be subject to chapter 13 and section 1517 of 
title 31, United States Code, and the Congressional Budget and 
Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.).
  (7)(A) The Director of National Intelligence shall provide a 
semi-annual report, beginning April 1, 2005, and ending April 
1, 2007, to the President and the Congress regarding 
implementation of this section.
  (B) The Director of National Intelligence shall report to the 
President and the Congress not later than 15 days after 
learning of any instance in which a departmental comptroller 
acts in a manner inconsistent with the law (including permanent 
statutes, authorization Acts, and appropriations Acts), or the 
direction of the Director of National Intelligence, in carrying 
out the National Intelligence Program.
  (d) Role of Director of National Intelligence in Transfer and 
Reprogramming of Funds.--(1)(A) No funds made available under 
the National Intelligence Program may be transferred or 
reprogrammed without the prior approval of the Director of 
National Intelligence, except in accordance with procedures 
prescribed by the Director of National Intelligence.
  (B) The Secretary of Defense shall consult with the Director 
of National Intelligence before transferring or reprogramming 
funds made available under the Military Intelligence Program or 
any successor program or programs.
  (2) Subject to the succeeding provisions of this subsection, 
the Director of National Intelligence may transfer or reprogram 
funds appropriated for a program within the National 
Intelligence Program--
          (A) to another such program;
          (B) to other departments or agencies of the United 
        States Government for the development and fielding of 
        systems of common concern related to the collection, 
        processing, analysis, exploitation, and dissemination 
        of intelligence information; or
          (C) to a program funded by appropriations not within 
        the National Intelligence Program to address critical 
        gaps in intelligence information sharing or access 
        capabilities.
  (3) The Director of National Intelligence may only transfer 
or reprogram funds referred to in paragraph (1)(A)--
          (A) with the approval of the Director of the Office 
        of Management and Budget; and
          (B) after consultation with the heads of departments 
        containing agencies or organizations within the 
        intelligence community to the extent such agencies or 
        organizations are affected, and, in the case of the 
        Central Intelligence Agency, after consultation with 
        the Director of the Central Intelligence Agency.
  (4) The amounts available for transfer or reprogramming in 
the National Intelligence Program in any given fiscal year, and 
the terms and conditions governing such transfers and 
reprogrammings, are subject to the provisions of annual 
appropriations Acts and this subsection.
  (5)(A) A transfer or reprogramming of funds may be made under 
this subsection only if--
          (i) the funds are being transferred to an activity 
        that is a higher priority intelligence activity;
          (ii) the transfer or reprogramming supports an 
        emergent need, improves program effectiveness, or 
        increases efficiency;
          (iii) the transfer or reprogramming does not involve 
        a transfer or reprogramming of funds to a Reserve for 
        Contingencies of the Director of National Intelligence 
        or the Reserve for Contingencies of the Central 
        Intelligence Agency;
          (iv) the transfer or reprogramming results in a 
        cumulative transfer or reprogramming of funds out of 
        any department or agency, as appropriate, funded in the 
        National Intelligence Program in a single fiscal year--
                  (I) that is less than $150,000,000, and
                  (II) that is less than 5 percent of amounts 
                available to a department or agency under the 
                National Intelligence Program; and
          (v) the transfer or reprogramming does not terminate 
        an acquisition program.
  (B) A transfer or reprogramming may be made without regard to 
a limitation set forth in clause (iv) or (v) of subparagraph 
(A) if the transfer has the concurrence of the head of the 
department involved or the Director of the Central Intelligence 
Agency (in the case of the Central Intelligence Agency). The 
authority to provide such concurrence may only be delegated by 
the head of the department involved or the Director of the 
Central Intelligence Agency (in the case of the Central 
Intelligence Agency) to the deputy of such officer.
  (6) Funds transferred or reprogrammed under this subsection 
shall remain available for the same period as the 
appropriations account to which transferred or reprogrammed.
  (7) Any transfer or reprogramming of funds under this 
subsection shall be carried out in accordance with existing 
procedures applicable to reprogramming notifications for the 
appropriate congressional committees. Any proposed transfer or 
reprogramming for which notice is given to the appropriate 
congressional committees shall be accompanied by a report 
explaining the nature of the proposed transfer or reprogramming 
and how it satisfies the requirements of this subsection. In 
addition, the congressional intelligence committees shall be 
promptly notified of any transfer or reprogramming of funds 
made pursuant to this subsection in any case in which the 
transfer or reprogramming would not have otherwise required 
reprogramming notification under procedures in effect as of the 
date of the enactment of this subsection.
  (e) Transfer of Personnel.--(1)(A) In addition to any other 
authorities available under law for such purposes, in the first 
twelve months after establishment of a new national 
intelligence center, the Director of National Intelligence, 
with the approval of the Director of the Office of Management 
and Budget and in consultation with the congressional 
committees of jurisdiction referred to in subparagraph (B), may 
transfer not more than 100 personnel authorized for elements of 
the intelligence community to such center.
  (B) The Director of National Intelligence shall promptly 
provide notice of any transfer of personnel made pursuant to 
this paragraph to--
          (i) the congressional intelligence committees;
          (ii) the Committees on Appropriations of the Senate 
        and the House of Representatives;
          (iii) in the case of the transfer of personnel to or 
        from the Department of Defense, the Committees on Armed 
        Services of the Senate and the House of 
        Representatives; and
          (iv) in the case of the transfer of personnel to or 
        from the Department of Justice, to the Committees on 
        the Judiciary of the Senate and the House of 
        Representatives.
  (C) The Director shall include in any notice under 
subparagraph (B) an explanation of the nature of the transfer 
and how it satisfies the requirements of this subsection.
  (2)(A) The Director of National Intelligence, with the 
approval of the Director of the Office of Management and Budget 
and in accordance with procedures to be developed by the 
Director of National Intelligence and the heads of the 
departments and agencies concerned, may transfer personnel 
authorized for an element of the intelligence community to 
another such element for a period of not more than 2 years.
  (B) A transfer of personnel may be made under this paragraph 
only if--
          (i) the personnel are being transferred to an 
        activity that is a higher priority intelligence 
        activity; and
          (ii) the transfer supports an emergent need, improves 
        program effectiveness, or increases efficiency.
  (C) The Director of National Intelligence shall promptly 
provide notice of any transfer of personnel made pursuant to 
this paragraph to--
          (i) the congressional intelligence committees;
          (ii) in the case of the transfer of personnel to or 
        from the Department of Defense, the Committees on Armed 
        Services of the Senate and the House of 
        Representatives; and
          (iii) in the case of the transfer of personnel to or 
        from the Department of Justice, to the Committees on 
        the Judiciary of the Senate and the House of 
        Representatives.
  (D) The Director shall include in any notice under 
subparagraph (C) an explanation of the nature of the transfer 
and how it satisfies the requirements of this paragraph.
  (3)(A) In addition to the number of full-time equivalent 
positions authorized for the Office of the Director of National 
Intelligence for a fiscal year, there is authorized for such 
Office for each fiscal year an additional 100 full-time 
equivalent positions that may be used only for the purposes 
described in subparagraph (B).
  (B) Except as provided in subparagraph (C), the Director of 
National Intelligence may use a full-time equivalent position 
authorized under subparagraph (A) only for the purpose of 
providing a temporary transfer of personnel made in accordance 
with paragraph (2) to an element of the intelligence community 
to enable such element to increase the total number of 
personnel authorized for such element, on a temporary basis--
          (i) during a period in which a permanent employee of 
        such element is absent to participate in critical 
        language training; or
          (ii) to accept a permanent employee of another 
        element of the intelligence community to provide 
        language-capable services.
  (C) Paragraph (2)(B) shall not apply with respect to a 
transfer of personnel made under subparagraph (B).
  (D) For each of the fiscal years 2010, 2011, and 2012, the 
Director of National Intelligence shall submit to the 
congressional intelligence committees an annual report on the 
use of authorities under this paragraph. Each such report shall 
include a description of--
          (i) the number of transfers of personnel made by the 
        Director pursuant to subparagraph (B), disaggregated by 
        each element of the intelligence community;
          (ii) the critical language needs that were fulfilled 
        or partially fulfilled through the use of such 
        transfers; and
          (iii) the cost to carry out subparagraph (B).
  (4) It is the sense of Congress that--
          (A) the nature of the national security threats 
        facing the United States will continue to challenge the 
        intelligence community to respond rapidly and flexibly 
        to bring analytic resources to bear against emerging 
        and unforeseen requirements;
          (B) both the Office of the Director of National 
        Intelligence and any analytic centers determined to be 
        necessary should be fully and properly supported with 
        appropriate levels of personnel resources and that the 
        President's yearly budget requests adequately support 
        those needs; and
          (C) the President should utilize all legal and 
        administrative discretion to ensure that the Director 
        of National Intelligence and all other elements of the 
        intelligence community have the necessary resources and 
        procedures to respond promptly and effectively to 
        emerging and unforeseen national security challenges.
  (f) Tasking and Other Authorities.--(1)(A) The Director of 
National Intelligence shall--
          (i) establish objectives, priorities, and guidance 
        for the intelligence community to ensure timely and 
        effective collection, processing, analysis, and 
        dissemination (including access by users to collected 
        data consistent with applicable law and, as 
        appropriate, the guidelines referred to in subsection 
        (b) and analytic products generated by or within the 
        intelligence community) of national intelligence;
          (ii) determine requirements and priorities for, and 
        manage and direct the tasking of, collection, analysis, 
        production, and dissemination of national intelligence 
        by elements of the intelligence community, including--
                  (I) approving requirements (including those 
                requirements responding to needs provided by 
                consumers) for collection and analysis; and
                  (II) resolving conflicts in collection 
                requirements and in the tasking of national 
                collection assets of the elements of the 
                intelligence community; and
          (iii) provide advisory tasking to intelligence 
        elements of those agencies and departments not within 
        the National Intelligence Program.
  (B) The authority of the Director of National Intelligence 
under subparagraph (A) shall not apply--
          (i) insofar as the President so directs;
          (ii) with respect to clause (ii) of subparagraph (A), 
        insofar as the Secretary of Defense exercises tasking 
        authority under plans or arrangements agreed upon by 
        the Secretary of Defense and the Director of National 
        Intelligence; or
          (iii) to the direct dissemination of information to 
        State government and local government officials and 
        private sector entities pursuant to sections 201 and 
        892 of the Homeland Security Act of 2002 (6 U.S.C. 121, 
        482).
  (2) The Director of National Intelligence shall oversee the 
National Counterterrorism Center and may establish such other 
national intelligence centers as the Director determines 
necessary.
  (3)(A) The Director of National Intelligence shall prescribe, 
in consultation with the heads of other agencies or elements of 
the intelligence community, and the heads of their respective 
departments, personnel policies and programs applicable to the 
intelligence community that--
          (i) encourage and facilitate assignments and details 
        of personnel to national intelligence centers, and 
        between elements of the intelligence community;
          (ii) set standards for education, training, and 
        career development of personnel of the intelligence 
        community;
          (iii) encourage and facilitate the recruitment and 
        retention by the intelligence community of highly 
        qualified individuals for the effective conduct of 
        intelligence activities;
          (iv) ensure that the personnel of the intelligence 
        community are sufficiently diverse for purposes of the 
        collection and analysis of intelligence through the 
        recruitment and training of women, minorities, and 
        individuals with diverse ethnic, cultural, and 
        linguistic backgrounds;
          (v) make service in more than one element of the 
        intelligence community a condition of promotion to such 
        positions within the intelligence community as the 
        Director shall specify; and
          (vi) ensure the effective management of intelligence 
        community personnel who are responsible for 
        intelligence community-wide matters.
  (B) Policies prescribed under subparagraph (A) shall not be 
inconsistent with the personnel policies otherwise applicable 
to members of the uniformed services.
  (4) The Director of National Intelligence shall ensure 
compliance with the Constitution and laws of the United States 
by the Central Intelligence Agency and shall ensure such 
compliance by other elements of the intelligence community 
through the host executive departments that manage the programs 
and activities that are part of the National Intelligence 
Program.
  (5) The Director of National Intelligence shall ensure the 
elimination of waste and unnecessary duplication within the 
intelligence community.
  (6) The Director of National Intelligence shall establish 
requirements and priorities for foreign intelligence 
information to be collected under the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), and provide 
assistance to the Attorney General to ensure that information 
derived from electronic surveillance or physical searches under 
that Act is disseminated so it may be used efficiently and 
effectively for national intelligence purposes, except that the 
Director shall have no authority to direct or undertake 
electronic surveillance or physical search operations pursuant 
to that Act unless authorized by statute or Executive order.
  (7)(A) The Director of National Intelligence shall, if the 
Director determines it is necessary, or may, if requested by a 
congressional intelligence committee, conduct an accountability 
review of an element of the intelligence community or the 
personnel of such element in relation to a failure or 
deficiency within the intelligence community.
  (B) The Director of National Intelligence, in consultation 
with the Attorney General, shall establish guidelines and 
procedures for conducting an accountability review under 
subparagraph (A).
  (C)(i) The Director of National Intelligence shall provide 
the findings of an accountability review conducted under 
subparagraph (A) and the Director's recommendations for 
corrective or punitive action, if any, to the head of the 
applicable element of the intelligence community. Such 
recommendations may include a recommendation for dismissal of 
personnel.
  (ii) If the head of such element does not implement a 
recommendation made by the Director under clause (i), the head 
of such element shall submit to the congressional intelligence 
committees a notice of the determination not to implement the 
recommendation, including the reasons for the determination.
  (D) The requirements of this paragraph shall not be construed 
to limit any authority of the Director of National Intelligence 
under subsection (m) or with respect to supervision of the 
Central Intelligence Agency.
  (8) The Director of National Intelligence shall perform such 
other functions as the President may direct.
  (9) Nothing in this title shall be construed as affecting the 
role of the Department of Justice or the Attorney General under 
the Foreign Intelligence Surveillance Act of 1978.
  (g) Intelligence Information Sharing.--(1) The Director of 
National Intelligence shall have principal authority to ensure 
maximum availability of and access to intelligence information 
within the intelligence community consistent with national 
security requirements. The Director of National Intelligence 
shall--
          (A) establish uniform security standards and 
        procedures;
          (B) establish common information technology 
        standards, protocols, and interfaces;
          (C) ensure development of information technology 
        systems that include multi-level security and 
        intelligence integration capabilities;
          (D) establish policies and procedures to resolve 
        conflicts between the need to share intelligence 
        information and the need to protect intelligence 
        sources and methods;
          (E) develop an enterprise architecture for the 
        intelligence community and ensure that elements of the 
        intelligence community comply with such architecture;
          (F) have procurement approval authority over all 
        enterprise architecture-related information technology 
        items funded in the National Intelligence Program; and
                  (G) in accordance with Executive Order No. 
                13526 (75 Fed. Reg. 707; relating to classified 
                national security information) (or any 
                subsequent corresponding executive order), and 
                part 2001 of title 32, Code of Federal 
                Regulations (or any subsequent corresponding 
                regulation), establish--
                          (i) guidance to standardize, in 
                        appropriate cases, the formats for 
                        classified and unclassified 
                        intelligence products created by 
                        elements of the intelligence community 
                        for purposes of promoting the sharing 
                        of intelligence products; and
                          (ii) policies and procedures 
                        requiring the increased use, in 
                        appropriate cases, and including 
                        portion markings, of the classification 
                        of portions of information within one 
                        intelligence product.
  (2) The President shall ensure that the Director of National 
Intelligence has all necessary support and authorities to fully 
and effectively implement paragraph (1).
  (3) Except as otherwise directed by the President or with the 
specific written agreement of the head of the department or 
agency in question, a Federal agency or official shall not be 
considered to have met any obligation to provide any 
information, report, assessment, or other material (including 
unevaluated intelligence information) to that department or 
agency solely by virtue of having provided that information, 
report, assessment, or other material to the Director of 
National Intelligence or the National Counterterrorism Center.
  (4) The Director of National Intelligence shall, in a timely 
manner, report to Congress any statute, regulation, policy, or 
practice that the Director believes impedes the ability of the 
Director to fully and effectively ensure maximum availability 
of access to intelligence information within the intelligence 
community consistent with the protection of the national 
security of the United States.
  (h) Analysis.--To ensure the most accurate analysis of 
intelligence is derived from all sources to support national 
security needs, the Director of National Intelligence shall--
          (1) implement policies and procedures--
                  (A) to encourage sound analytic methods and 
                tradecraft throughout the elements of the 
                intelligence community;
                  (B) to ensure that analysis is based upon all 
                sources available; and
                  (C) to ensure that the elements of the 
                intelligence community regularly conduct 
                competitive analysis of analytic products, 
                whether such products are produced by or 
                disseminated to such elements;
          (2) ensure that resource allocation for intelligence 
        analysis is appropriately proportional to resource 
        allocation for intelligence collection systems and 
        operations in order to maximize analysis of all 
        collected data;
          (3) ensure that differences in analytic judgment are 
        fully considered and brought to the attention of 
        policymakers; and
          (4) ensure that sufficient relationships are 
        established between intelligence collectors and 
        analysts to facilitate greater understanding of the 
        needs of analysts.
  (i) Protection of Intelligence Sources and Methods.--(1) The 
Director of National Intelligence shall protect intelligence 
sources and methods from unauthorized disclosure.
  (2) Consistent with paragraph (1), in order to maximize the 
dissemination of intelligence, the Director of National 
Intelligence shall establish and implement guidelines for the 
intelligence community for the following purposes:
          (A) Classification of information under applicable 
        law, Executive orders, or other Presidential 
        directives.
          (B) Access to and dissemination of intelligence, both 
        in final form and in the form when initially gathered.
          (C) Preparation of intelligence products in such a 
        way that source information is removed to allow for 
        dissemination at the lowest level of classification 
        possible or in unclassified form to the extent 
        practicable.
  (3) The Director may only delegate a duty or authority given 
the Director under this subsection to the Principal Deputy 
Director of National Intelligence.
  (j) Uniform Procedures for Classified Information.--The 
Director of National Intelligence, subject to the direction of 
the President, shall--
          (1) establish uniform standards and procedures for 
        the grant of access to sensitive compartmented 
        information to any officer or employee of any agency or 
        department of the United States and to employees of 
        contractors of those agencies or departments;
          (2) ensure the consistent implementation of those 
        standards and procedures throughout such agencies and 
        departments;
          (3) ensure that security clearances granted by 
        individual elements of the intelligence community are 
        recognized by all elements of the intelligence 
        community, and under contracts entered into by those 
        agencies;
          (4) ensure that the process for investigation and 
        adjudication of an application for access to sensitive 
        compartmented information is performed in the most 
        expeditious manner possible consistent with applicable 
        standards for national security;
          (5) ensure that the background of each employee or 
        officer of an element of the intelligence community, 
        each contractor to an element of the intelligence 
        community, and each individual employee of such a 
        contractor who has been determined to be eligible for 
        access to classified information is monitored on a 
        continual basis under standards developed by the 
        Director, including with respect to the frequency of 
        evaluation, during the period of eligibility of such 
        employee or officer of an element of the intelligence 
        community, such contractor, or such individual employee 
        to such a contractor to determine whether such employee 
        or officer of an element of the intelligence community, 
        such contractor, and such individual employee of such a 
        contractor continues to meet the requirements for 
        eligibility for access to classified information; and
          (6) develop procedures to require information sharing 
        between elements of the intelligence community 
        concerning potentially derogatory security information 
        regarding an employee or officer of an element of the 
        intelligence community, a contractor to an element of 
        the intelligence community, or an individual employee 
        of such a contractor that may impact the eligibility of 
        such employee or officer of an element of the 
        intelligence community, such contractor, or such 
        individual employee of such a contractor for a security 
        clearance.
  (k) Coordination With Foreign Governments.--Under the 
direction of the President and in a manner consistent with 
section 207 of the Foreign Service Act of 1980 (22 U.S.C. 
3927), the Director of National Intelligence shall oversee the 
coordination of the relationships between elements of the 
intelligence community and the intelligence or security 
services of foreign governments or international organizations 
on all matters involving intelligence related to the national 
security or involving intelligence acquired through clandestine 
means.
  (l) Enhanced Personnel Management.--(1)(A) The Director of 
National Intelligence shall, under regulations prescribed by 
the Director, provide incentives for personnel of elements of 
the intelligence community to serve--
          (i) on the staff of the Director of National 
        Intelligence;
          (ii) on the staff of the national intelligence 
        centers;
          (iii) on the staff of the National Counterterrorism 
        Center; and
          (iv) in other positions in support of the 
        intelligence community management functions of the 
        Director.
  (B) Incentives under subparagraph (A) may include financial 
incentives, bonuses, and such other awards and incentives as 
the Director considers appropriate.
  (2)(A) Notwithstanding any other provision of law, the 
personnel of an element of the intelligence community who are 
assigned or detailed under paragraph (1)(A) to service under 
the Director of National Intelligence shall be promoted at 
rates equivalent to or better than personnel of such element 
who are not so assigned or detailed.
  (B) The Director may prescribe regulations to carry out this 
paragraph.
  (3)(A) The Director of National Intelligence shall prescribe 
mechanisms to facilitate the rotation of personnel of the 
intelligence community through various elements of the 
intelligence community in the course of their careers in order 
to facilitate the widest possible understanding by such 
personnel of the variety of intelligence requirements, methods, 
users, and capabilities.
  (B) The mechanisms prescribed under subparagraph (A) may 
include the following:
          (i) The establishment of special occupational 
        categories involving service, over the course of a 
        career, in more than one element of the intelligence 
        community.
          (ii) The provision of rewards for service in 
        positions undertaking analysis and planning of 
        operations involving two or more elements of the 
        intelligence community.
          (iii) The establishment of requirements for 
        education, training, service, and evaluation for 
        service involving more than one element of the 
        intelligence community.
  (C) It is the sense of Congress that the mechanisms 
prescribed under this subsection should, to the extent 
practical, seek to duplicate for civilian personnel within the 
intelligence community the joint officer management policies 
established by chapter 38 of title 10, United States Code, and 
the other amendments made by title IV of the Goldwater-Nichols 
Department of Defense Reorganization Act of 1986 (Public Law 
99-433).
  (4)(A) Except as provided in subparagraph (B) and 
subparagraph (D), this subsection shall not apply with respect 
to personnel of the elements of the intelligence community who 
are members of the uniformed services.
  (B) Mechanisms that establish requirements for education and 
training pursuant to paragraph (3)(B)(iii) may apply with 
respect to members of the uniformed services who are assigned 
to an element of the intelligence community funded through the 
National Intelligence Program, but such mechanisms shall not be 
inconsistent with personnel policies and education and training 
requirements otherwise applicable to members of the uniformed 
services.
  (C) The personnel policies and programs developed and 
implemented under this subsection with respect to law 
enforcement officers (as that term is defined in section 
5541(3) of title 5, United States Code) shall not affect the 
ability of law enforcement entities to conduct operations or, 
through the applicable chain of command, to control the 
activities of such law enforcement officers.
  (D) Assignment to the Office of the Director of National 
Intelligence of commissioned officers of the Armed Forces shall 
be considered a joint-duty assignment for purposes of the joint 
officer management policies prescribed by chapter 38 of title 
10, United States Code, and other provisions of that title.
  (m) Additional Authority With Respect to Personnel.--(1) In 
addition to the authorities under subsection (f)(3), the 
Director of National Intelligence may exercise with respect to 
the personnel of the Office of the Director of National 
Intelligence any authority of the Director of the Central 
Intelligence Agency with respect to the personnel of the 
Central Intelligence Agency under the Central Intelligence 
Agency Act of 1949 (50 U.S.C. 403a et seq.), and other 
applicable provisions of law, as of the date of the enactment 
of this subsection to the same extent, and subject to the same 
conditions and limitations, that the Director of the Central 
Intelligence Agency may exercise such authority with respect to 
personnel of the Central Intelligence Agency.
  (2) Employees and applicants for employment of the Office of 
the Director of National Intelligence shall have the same 
rights and protections under the Office of the Director of 
National Intelligence as employees of the Central Intelligence 
Agency have under the Central Intelligence Agency Act of 1949, 
and other applicable provisions of law, as of the date of the 
enactment of this subsection.
  (n) Acquisition and Other Authorities.--(1) In carrying out 
the responsibilities and authorities under this section, the 
Director of National Intelligence may exercise the acquisition 
and appropriations authorities referred to in the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) other 
than the authorities referred to in section 8(b) of that Act 
(50 U.S.C. 403j(b)).
  (2) For the purpose of the exercise of any authority referred 
to in paragraph (1), a reference to the head of an agency shall 
be deemed to be a reference to the Director of National 
Intelligence or the Principal Deputy Director of National 
Intelligence.
  (3)(A) Any determination or decision to be made under an 
authority referred to in paragraph (1) by the head of an agency 
may be made with respect to individual purchases and contracts 
or with respect to classes of purchases or contracts, and shall 
be final.
  (B) Except as provided in subparagraph (C), the Director of 
National Intelligence or the Principal Deputy Director of 
National Intelligence may, in such official's discretion, 
delegate to any officer or other official of the Office of the 
Director of National Intelligence any authority to make a 
determination or decision as the head of the agency under an 
authority referred to in paragraph (1).
  (C) The limitations and conditions set forth in section 3(d) 
of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
403c(d)) shall apply to the exercise by the Director of 
National Intelligence of an authority referred to in paragraph 
(1).
  (D) Each determination or decision required by an authority 
referred to in the second sentence of section 3(d) of the 
Central Intelligence Agency Act of 1949 shall be based upon 
written findings made by the official making such determination 
or decision, which findings shall be final and shall be 
available within the Office of the Director of National 
Intelligence for a period of at least six years following the 
date of such determination or decision.
  (4)(A) In addition to the authority referred to in paragraph 
(1), the Director of National Intelligence may authorize the 
head of an element of the intelligence community to exercise an 
acquisition authority referred to in section 3 or 8(a) of the 
Central Intelligence Agency Act of 1949 (50 U.S.C. 403c and 
403j(a)) for an acquisition by such element that is more than 
50 percent funded under the National Intelligence Program.
  (B) The head of an element of the intelligence community may 
not exercise an authority referred to in subparagraph (A) 
until--
          (i) the head of such element (without delegation) 
        submits to the Director of National Intelligence a 
        written request that includes--
                  (I) a description of such authority requested 
                to be exercised;
                  (II) an explanation of the need for such 
                authority, including an explanation of the 
                reasons that other authorities are 
                insufficient; and
                  (III) a certification that the mission of 
                such element would be--
                          (aa) impaired if such authority is 
                        not exercised; or
                          (bb) significantly and measurably 
                        enhanced if such authority is 
                        exercised; and
          (ii) the Director of National Intelligence issues a 
        written authorization that includes--
                  (I) a description of the authority referred 
                to in subparagraph (A) that is authorized to be 
                exercised; and
                  (II) a justification to support the exercise 
                of such authority.
  (C) A request and authorization to exercise an authority 
referred to in subparagraph (A) may be made with respect to an 
individual acquisition or with respect to a specific class of 
acquisitions described in the request and authorization 
referred to in subparagraph (B).
  (D)(i) A request from a head of an element of the 
intelligence community located within one of the departments 
described in clause (ii) to exercise an authority referred to 
in subparagraph (A) shall be submitted to the Director of 
National Intelligence in accordance with any procedures 
established by the head of such department.
  (ii) The departments described in this clause are the 
Department of Defense, the Department of Energy, the Department 
of Homeland Security, the Department of Justice, the Department 
of State, and the Department of the Treasury.
  (E)(i) The head of an element of the intelligence community 
may not be authorized to utilize an authority referred to in 
subparagraph (A) for a class of acquisitions for a period of 
more than 3 years, except that the Director of National 
Intelligence (without delegation) may authorize the use of such 
an authority for not more than 6 years.
  (ii) Each authorization to utilize an authority referred to 
in subparagraph (A) may be extended in accordance with the 
requirements of subparagraph (B) for successive periods of not 
more than 3 years, except that the Director of National 
Intelligence (without delegation) may authorize an extension 
period of not more than 6 years.
  (F) Subject to clauses (i) and (ii) of subparagraph (E), the 
Director of National Intelligence may only delegate the 
authority of the Director under subparagraphs (A) through (E) 
to the Principal Deputy Director of National Intelligence or a 
Deputy Director of National Intelligence.
  (G) The Director of National Intelligence shall submit--
          (i) to the congressional intelligence committees a 
        notification of an authorization to exercise an 
        authority referred to in subparagraph (A) or an 
        extension of such authorization that includes the 
        written authorization referred to in subparagraph 
        (B)(ii); and
          (ii) to the Director of the Office of Management and 
        Budget a notification of an authorization to exercise 
        an authority referred to in subparagraph (A) for an 
        acquisition or class of acquisitions that will exceed 
        $50,000,000 annually.
  (H) Requests and authorizations to exercise an authority 
referred to in subparagraph (A) shall remain available within 
the Office of the Director of National Intelligence for a 
period of at least 6 years following the date of such request 
or authorization.
  (I) Nothing in this paragraph may be construed to alter or 
otherwise limit the authority of the Central Intelligence 
Agency to independently exercise an authority under section 3 
or 8(a) of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403c and 403j(a)).
  (o) Consideration of Views of Elements of Intelligence 
Community.--In carrying out the duties and responsibilities 
under this section, the Director of National Intelligence shall 
take into account the views of a head of a department 
containing an element of the intelligence community and of the 
Director of the Central Intelligence Agency.
  (p) Responsibility of Director of National Intelligence 
Regarding National Intelligence Program Budget Concerning the 
Department of Defense.--Subject to the direction of the 
President, the Director of National Intelligence shall, after 
consultation with the Secretary of Defense, ensure that the 
National Intelligence Program budgets for the elements of the 
intelligence community that are within the Department of 
Defense are adequate to satisfy the national intelligence needs 
of the Department of Defense, including the needs of the 
Chairman of the Joint Chiefs of Staff and the commanders of the 
unified and specified commands, and wherever such elements are 
performing Government-wide functions, the needs of other 
Federal departments and agencies.
  (q) Acquisitions of Major Systems.--(1) For each intelligence 
program within the National Intelligence Program for the 
acquisition of a major system, the Director of National 
Intelligence shall--
          (A) require the development and implementation of a 
        program management plan that includes cost, schedule, 
        and performance goals and program milestone criteria, 
        except that with respect to Department of Defense 
        programs the Director shall consult with the Secretary 
        of Defense;
          (B) serve as exclusive milestone decision authority, 
        except that with respect to Department of Defense 
        programs the Director shall serve as milestone decision 
        authority jointly with the Secretary of Defense or the 
        designee of the Secretary; and
          (C) periodically--
                  (i) review and assess the progress made 
                toward the achievement of the goals and 
                milestones established in such plan; and
                  (ii) submit to Congress a report on the 
                results of such review and assessment.
  (2) If the Director of National Intelligence and the 
Secretary of Defense are unable to reach an agreement on a 
milestone decision under paragraph (1)(B), the President shall 
resolve the conflict.
  (3) Nothing in this subsection may be construed to limit the 
authority of the Director of National Intelligence to delegate 
to any other official any authority to perform the 
responsibilities of the Director under this subsection.
  (4) In this subsection:
          (A) The term ``intelligence program'', with respect 
        to the acquisition of a major system, means a program 
        that--
                  (i) is carried out to acquire such major 
                system for an element of the intelligence 
                community; and
                  (ii) is funded in whole out of amounts 
                available for the National Intelligence 
                Program.
          (B) The term ``major system'' has the meaning given 
        such term in section 4(9) of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 403(9)).
  (r) Performance of Common Services.--The Director of National 
Intelligence shall, in consultation with the heads of 
departments and agencies of the United States Government 
containing elements within the intelligence community and with 
the Director of the Central Intelligence Agency, coordinate the 
performance by the elements of the intelligence community 
within the National Intelligence Program of such services as 
are of common concern to the intelligence community, which 
services the Director of National Intelligence determines can 
be more efficiently accomplished in a consolidated manner.
  (s) Pay Authority for Critical Positions.--(1) 
Notwithstanding any pay limitation established under any other 
provision of law applicable to employees in elements of the 
intelligence community, the Director of National Intelligence 
may, in coordination with the Director of the Office of 
Personnel Management and the Director of the Office of 
Management and Budget, grant authority to the head of a 
department or agency to fix the rate of basic pay for one or 
more positions within the intelligence community at a rate in 
excess of any applicable limitation, subject to the provisions 
of this subsection. The exercise of authority so granted is at 
the discretion of the head of the department or agency 
employing the individual in a position covered by such 
authority, subject to the provisions of this subsection and any 
conditions established by the Director of National Intelligence 
when granting such authority.
  (2) Authority under this subsection may be granted or 
exercised only--
          (A) with respect to a position that requires an 
        extremely high level of expertise and is critical to 
        successful accomplishment of an important mission; and
          (B) to the extent necessary to recruit or retain an 
        individual exceptionally well qualified for the 
        position.
  (3) The head of a department or agency may not fix a rate of 
basic pay under this subsection at a rate greater than the rate 
payable for level II of the Executive Schedule under section 
5313 of title 5, United States Code, except upon written 
approval of the Director of National Intelligence or as 
otherwise authorized by law.
  (4) The head of a department or agency may not fix a rate of 
basic pay under this subsection at a rate greater than the rate 
payable for level I of the Executive Schedule under section 
5312 of title 5, United States Code, except upon written 
approval of the President in response to a request by the 
Director of National Intelligence or as otherwise authorized by 
law.
  (5) Any grant of authority under this subsection for a 
position shall terminate at the discretion of the Director of 
National Intelligence.
  (6)(A) The Director of National Intelligence shall notify the 
congressional intelligence committees not later than 30 days 
after the date on which the Director grants authority to the 
head of a department or agency under this subsection.
  (B) The head of a department or agency to which the Director 
of National Intelligence grants authority under this subsection 
shall notify the congressional intelligence committees and the 
Director of the exercise of such authority not later than 30 
days after the date on which such head exercises such 
authority.
  (t) Award of Rank to Members of the Senior National 
Intelligence Service.--(1) The President, based on the 
recommendation of the Director of National Intelligence, may 
award a rank to a member of the Senior National Intelligence 
Service or other intelligence community senior civilian officer 
not already covered by such a rank award program in the same 
manner in which a career appointee of an agency may be awarded 
a rank under section 4507 of title 5, United States Code.
  (2) The President may establish procedures to award a rank 
under paragraph (1) to a member of the Senior National 
Intelligence Service or a senior civilian officer of the 
intelligence community whose identity as such a member or 
officer is classified information (as defined in section 
606(1)).
  (u) Conflict of Interest Regulations.--[(1) The Director] The 
Director of National Intelligence, in consultation with the 
Director of the Office of Government Ethics, shall issue 
regulations prohibiting an officer or employee of an element of 
the intelligence community from engaging in outside employment 
if such employment creates a conflict of interest or appearance 
thereof.
  [(2) The Director of National Intelligence shall annually 
submit to the congressional intelligence committees a report 
describing all outside employment for officers and employees of 
elements of the intelligence community that was authorized by 
the head of an element of the intelligence community during the 
preceding calendar year. Such report shall be submitted each 
year on the date provided in section 507.]
  (v) Authority To Establish Positions in Excepted Service.--
(1) The Director of National Intelligence, with the concurrence 
of the head of the covered department concerned and in 
consultation with the Director of the Office of Personnel 
Management, may--
          (A) convert competitive service positions, and the 
        incumbents of such positions, within an element of the 
        intelligence community in such department, to excepted 
        service positions as the Director of National 
        Intelligence determines necessary to carry out the 
        intelligence functions of such element; and
          (B) establish new positions in the excepted service 
        within an element of the intelligence community in such 
        department, if the Director of National Intelligence 
        determines such positions are necessary to carry out 
        the intelligence functions of such element.
  (2) An incumbent occupying a position on the date of the 
enactment of the Intelligence Authorization Act for Fiscal Year 
2012 selected to be converted to the excepted service under 
this section shall have the right to refuse such conversion. 
Once such individual no longer occupies the position, the 
position may be converted to the excepted service.
  (3) In this subsection, the term ``covered department'' means 
the Department of Energy, the Department of Homeland Security, 
the Department of State, or the Department of the Treasury.
  (w) Nuclear Proliferation Assessment Statements Intelligence 
Community Addendum.--The Director of National Intelligence, in 
consultation with the heads of the appropriate elements of the 
intelligence community and the Secretary of State, shall 
provide to the President, the congressional intelligence 
committees, the Committee on Foreign Affairs of the House of 
Representatives, and the Committee on Foreign Relations of the 
Senate an addendum to each Nuclear Proliferation Assessment 
Statement accompanying a civilian nuclear cooperation 
agreement, containing a comprehensive analysis of the country's 
export control system with respect to nuclear-related matters, 
including interactions with other countries of proliferation 
concern and the actual or suspected nuclear, dual-use, or 
missile-related transfers to such countries.
  (x) Requirements for Intelligence Community Contractors.--The 
Director of National Intelligence, in consultation with the 
head of each department of the Federal Government that contains 
an element of the intelligence community and the Director of 
the Central Intelligence Agency, shall--
          (1) ensure that--
                  (A) any contractor to an element of the 
                intelligence community with access to a 
                classified network or classified information 
                develops and operates a security plan that is 
                consistent with standards established by the 
                Director of National Intelligence for 
                intelligence community networks; and
                  (B) each contract awarded by an element of 
                the intelligence community includes provisions 
                requiring the contractor comply with such plan 
                and such standards;
          (2) conduct periodic assessments of each security 
        plan required under paragraph (1)(A) to ensure such 
        security plan complies with the requirements of such 
        paragraph; and
          (3) ensure that the insider threat detection 
        capabilities and insider threat policies of the 
        intelligence community apply to facilities of 
        contractors with access to a classified network.

           *       *       *       *       *       *       *


            inspector general of the intelligence community

  Sec. 103H. (a) Office of Inspector General of the 
Intelligence Community.--There is within the Office of the 
Director of National Intelligence an Office of the Inspector 
General of the Intelligence Community.
  (b) Purpose.--The purpose of the Office of the Inspector 
General of the Intelligence Community is--
          (1) to create an objective and effective office, 
        appropriately accountable to Congress, to initiate and 
        conduct independent investigations, inspections, 
        audits, and reviews on programs and activities within 
        the responsibility and authority of the Director of 
        National Intelligence;
          (2) to provide leadership and coordination and 
        recommend policies for activities designed--
                  (A) to promote economy, efficiency, and 
                effectiveness in the administration and 
                implementation of such programs and activities; 
                and
                  (B) to prevent and detect fraud and abuse in 
                such programs and activities;
          (3) to provide a means for keeping the Director of 
        National Intelligence fully and currently informed 
        about--
                  (A) problems and deficiencies relating to the 
                administration of programs and activities 
                within the responsibility and authority of the 
                Director of National Intelligence; and
                  (B) the necessity for, and the progress of, 
                corrective actions; and
          (4) in the manner prescribed by this section, to 
        ensure that the congressional intelligence committees 
        are kept similarly informed of--
                  (A) significant problems and deficiencies 
                relating to programs and activities within the 
                responsibility and authority of the Director of 
                National Intelligence; and
                  (B) the necessity for, and the progress of, 
                corrective actions.
  (c) Inspector General of the Intelligence Community.--(1) 
There is an Inspector General of the Intelligence Community, 
who shall be the head of the Office of the Inspector General of 
the Intelligence Community, who shall be appointed by the 
President, by and with the advice and consent of the Senate.
  (2) The nomination of an individual for appointment as 
Inspector General shall be made--
          (A) without regard to political affiliation;
          (B) on the basis of integrity, compliance with 
        security standards of the intelligence community, and 
        prior experience in the field of intelligence or 
        national security; and
          (C) on the basis of demonstrated ability in 
        accounting, financial analysis, law, management 
        analysis, public administration, or investigations.
  (3) The Inspector General shall report directly to and be 
under the general supervision of the Director of National 
Intelligence.
  (4) The Inspector General may be removed from office only by 
the President. The President shall communicate in writing to 
the congressional intelligence committees the reasons for the 
removal not later than 30 days prior to the effective date of 
such removal. Nothing in this paragraph shall be construed to 
prohibit a personnel action otherwise authorized by law, other 
than transfer or removal.
  (d) Assistant Inspectors General.--Subject to the policies of 
the Director of National Intelligence, the Inspector General of 
the Intelligence Community shall--
          (1) appoint an Assistant Inspector General for Audit 
        who shall have the responsibility for supervising the 
        performance of auditing activities relating to programs 
        and activities within the responsibility and authority 
        of the Director;
          (2) appoint an Assistant Inspector General for 
        Investigations who shall have the responsibility for 
        supervising the performance of investigative activities 
        relating to such programs and activities; and
          (3) appoint other Assistant Inspectors General that, 
        in the judgment of the Inspector General, are necessary 
        to carry out the duties of the Inspector General.
  (e) Duties and Responsibilities.--It shall be the duty and 
responsibility of the Inspector General of the Intelligence 
Community--
          (1) to provide policy direction for, and to plan, 
        conduct, supervise, and coordinate independently, the 
        investigations, inspections, audits, and reviews 
        relating to programs and activities within the 
        responsibility and authority of the Director of 
        National Intelligence;
          (2) to keep the Director of National Intelligence 
        fully and currently informed concerning violations of 
        law and regulations, fraud, and other serious problems, 
        abuses, and deficiencies relating to the programs and 
        activities within the responsibility and authority of 
        the Director, to recommend corrective action concerning 
        such problems, and to report on the progress made in 
        implementing such corrective action;
          (3) to take due regard for the protection of 
        intelligence sources and methods in the preparation of 
        all reports issued by the Inspector General, and, to 
        the extent consistent with the purpose and objective of 
        such reports, take such measures as may be appropriate 
        to minimize the disclosure of intelligence sources and 
        methods described in such reports; and
          (4) in the execution of the duties and 
        responsibilities under this section, to comply with 
        generally accepted government auditing.
  (f) Limitations on Activities.--(1) The Director of National 
Intelligence may prohibit the Inspector General of the 
Intelligence Community from initiating, carrying out, or 
completing any investigation, inspection, audit, or review if 
the Director determines that such prohibition is necessary to 
protect vital national security interests of the United States.
  (2) Not later than seven days after the date on which the 
Director exercises the authority under paragraph (1), the 
Director shall submit to the congressional intelligence 
committees an appropriately classified statement of the reasons 
for the exercise of such authority.
  (3) The Director shall advise the Inspector General at the 
time a statement under paragraph (2) is submitted, and, to the 
extent consistent with the protection of intelligence sources 
and methods, provide the Inspector General with a copy of such 
statement.
  (4) The Inspector General may submit to the congressional 
intelligence committees any comments on the statement of which 
the Inspector General has notice under paragraph (3) that the 
Inspector General considers appropriate.
  (g) Authorities.--(1) The Inspector General of the 
Intelligence Community shall have direct and prompt access to 
the Director of National Intelligence when necessary for any 
purpose pertaining to the performance of the duties of the 
Inspector General.
  (2)(A) The Inspector General shall, subject to the 
limitations in subsection (f), make such investigations and 
reports relating to the administration of the programs and 
activities within the authorities and responsibilities of the 
Director as are, in the judgment of the Inspector General, 
necessary or desirable.
  (B) The Inspector General shall have access to any employee, 
or any employee of a contractor, of any element of the 
intelligence community needed for the performance of the duties 
of the Inspector General.
  (C) The Inspector General shall have direct access to all 
records, reports, audits, reviews, documents, papers, 
recommendations, or other materials that relate to the programs 
and activities with respect to which the Inspector General has 
responsibilities under this section.
  (D) The level of classification or compartmentation of 
information shall not, in and of itself, provide a sufficient 
rationale for denying the Inspector General access to any 
materials under subparagraph (C).
  (E) The Director, or on the recommendation of the Director, 
another appropriate official of the intelligence community, 
shall take appropriate administrative actions against an 
employee, or an employee of a contractor, of an element of the 
intelligence community that fails to cooperate with the 
Inspector General. Such administrative action may include loss 
of employment or the termination of an existing contractual 
relationship.
  (3) The Inspector General is authorized to receive and 
investigate, pursuant to subsection (h), complaints or 
information from any person concerning the existence of an 
activity within the authorities and responsibilities of the 
Director of National Intelligence constituting a violation of 
laws, rules, or regulations, or mismanagement, gross waste of 
funds, abuse of authority, or a substantial and specific danger 
to the public health and safety. Once such complaint or 
information has been received from an employee of the 
intelligence community--
          (A) the Inspector General shall not disclose the 
        identity of the employee without the consent of the 
        employee, unless the Inspector General determines that 
        such disclosure is unavoidable during the course of the 
        investigation or the disclosure is made to an official 
        of the Department of Justice responsible for 
        determining whether a prosecution should be undertaken, 
        and this provision shall qualify as a withholding 
        statute pursuant to subsection (b)(3) of section 552 of 
        title 5, United States Code (commonly known as the 
        ``Freedom of Information Act''); and
          (B) no action constituting a reprisal, or threat of 
        reprisal, for making such complaint or disclosing such 
        information to the Inspector General may be taken by 
        any employee in a position to take such actions, unless 
        the complaint was made or the information was disclosed 
        with the knowledge that it was false or with willful 
        disregard for its truth or falsity.
  (4) The Inspector General shall have the authority to 
administer to or take from any person an oath, affirmation, or 
affidavit, whenever necessary in the performance of the duties 
of the Inspector General, which oath, affirmation, or affidavit 
when administered or taken by or before an employee of the 
Office of the Inspector General of the Intelligence Community 
designated by the Inspector General shall have the same force 
and effect as if administered or taken by, or before, an 
officer having a seal.
  (5)(A) Except as provided in subparagraph (B), the Inspector 
General is authorized to require by subpoena the production of 
all information, documents, reports, answers, records, 
accounts, papers, and other data in any medium (including 
electronically stored information, as well as any tangible 
thing) and documentary evidence necessary in the performance of 
the duties and responsibilities of the Inspector General.
  (B) In the case of departments, agencies, and other elements 
of the United States Government, the Inspector General shall 
obtain information, documents, reports, answers, records, 
accounts, papers, and other data and evidence for the purpose 
specified in subparagraph (A) using procedures other than by 
subpoenas.
  (C) The Inspector General may not issue a subpoena for, or on 
behalf of, any component of the Office of the Director of 
National Intelligence or any element of the intelligence 
community, including the Office of the Director of National 
Intelligence.
  (D) In the case of contumacy or refusal to obey a subpoena 
issued under this paragraph, the subpoena shall be enforceable 
by order of any appropriate district court of the United 
States.
  (6) The Inspector General may obtain services as authorized 
by section 3109 of title 5, United States Code, at rates for 
individuals not to exceed the daily equivalent of the maximum 
annual rate of basic pay payable for grade GS-15 of the General 
Schedule under section 5332 of title 5, United States Code.
  (7) The Inspector General may, to the extent and in such 
amounts as may be provided in appropriations, enter into 
contracts and other arrangements for audits, studies, analyses, 
and other services with public agencies and with private 
persons, and to make such payments as may be necessary to carry 
out the provisions of this section.
  (h) Coordination Among Inspectors General.--(1)(A) In the 
event of a matter within the jurisdiction of the Inspector 
General of the Intelligence Community that may be subject to an 
investigation, inspection, audit, or review by both the 
Inspector General of the Intelligence Community and an 
inspector general with oversight responsibility for an element 
of the intelligence community, the Inspector General of the 
Intelligence Community and such other inspector general shall 
expeditiously resolve the question of which inspector general 
shall conduct such investigation, inspection, audit, or review 
to avoid unnecessary duplication of the activities of the 
inspectors general.
  (B) In attempting to resolve a question under subparagraph 
(A), the inspectors general concerned may request the 
assistance of the Intelligence Community Inspectors General 
Forum established under paragraph (2). In the event of a 
dispute between an inspector general within a department or 
agency of the United States Government and the Inspector 
General of the Intelligence Community that has not been 
resolved with the assistance of such Forum, the inspectors 
general shall submit the question to the Director of National 
Intelligence and the head of the affected department or agency 
for resolution.
  (2)(A) There is established the Intelligence Community 
Inspectors General Forum, which shall consist of all statutory 
or administrative inspectors general with oversight 
responsibility for an element of the intelligence community.
  (B) The Inspector General of the Intelligence Community shall 
serve as the Chair of the Forum established under subparagraph 
(A). The Forum shall have no administrative authority over any 
inspector general, but shall serve as a mechanism for informing 
its members of the work of individual members of the Forum that 
may be of common interest and discussing questions about 
jurisdiction or access to employees, employees of contract 
personnel, records, audits, reviews, documents, 
recommendations, or other materials that may involve or be of 
assistance to more than one of its members.
  (3) The inspector general conducting an investigation, 
inspection, audit, or review covered by paragraph (1) shall 
submit the results of such investigation, inspection, audit, or 
review to any other inspector general, including the Inspector 
General of the Intelligence Community, with jurisdiction to 
conduct such investigation, inspection, audit, or review who 
did not conduct such investigation, inspection, audit, or 
review.
  (i) Counsel to the Inspector General.--(1) The Inspector 
General of the Intelligence Community shall--
          (A) appoint a Counsel to the Inspector General who 
        shall report to the Inspector General; or
          (B) obtain the services of a counsel appointed by and 
        directly reporting to another inspector general or the 
        Council of the Inspectors General on Integrity and 
        Efficiency on a reimbursable basis.
  (2) The counsel appointed or obtained under paragraph (1) 
shall perform such functions as the Inspector General may 
prescribe.
  (j) Staff and Other Support.--(1) The Director of National 
Intelligence shall provide the Inspector General of the 
Intelligence Community with appropriate and adequate office 
space at central and field office locations, together with such 
equipment, office supplies, maintenance services, and 
communications facilities and services as may be necessary for 
the operation of such offices.
  (2)(A) Subject to applicable law and the policies of the 
Director of National Intelligence, the Inspector General shall 
select, appoint, and employ such officers and employees as may 
be necessary to carry out the functions, powers, and duties of 
the Inspector General. The Inspector General shall ensure that 
any officer or employee so selected, appointed, or employed has 
security clearances appropriate for the assigned duties of such 
officer or employee.
  (B) In making selections under subparagraph (A), the 
Inspector General shall ensure that such officers and employees 
have the requisite training and experience to enable the 
Inspector General to carry out the duties of the Inspector 
General effectively.
  (C) In meeting the requirements of this paragraph, the 
Inspector General shall create within the Office of the 
Inspector General of the Intelligence Community a career cadre 
of sufficient size to provide appropriate continuity and 
objectivity needed for the effective performance of the duties 
of the Inspector General.
  (3) Consistent with budgetary and personnel resources 
allocated by the Director of National Intelligence, the 
Inspector General has final approval of--
          (A) the selection of internal and external candidates 
        for employment with the Office of the Inspector 
        General; and
          (B) all other personnel decisions concerning 
        personnel permanently assigned to the Office of the 
        Inspector General, including selection and appointment 
        to the Senior Intelligence Service, but excluding all 
        security-based determinations that are not within the 
        authority of a head of a component of the Office of the 
        Director of National Intelligence.
  (4)(A) Subject to the concurrence of the Director of National 
Intelligence, the Inspector General may request such 
information or assistance as may be necessary for carrying out 
the duties and responsibilities of the Inspector General from 
[any department, agency, or other element of the United States 
Government] any Federal, State (as defined in section 804), or 
local governmental agency or unit thereof.
  (B) Upon request of the Inspector General for information or 
assistance from a department, agency, or element of the Federal 
Government under subparagraph (A), the head of the department, 
agency, or element concerned shall, insofar as is practicable 
and not in contravention of any existing statutory restriction 
or regulation of the department, agency, or element, furnish to 
the Inspector General, such information or assistance.
  (C) The Inspector General of the Intelligence Community may, 
upon reasonable notice to the head of any element of the 
intelligence community and in coordination with that element's 
inspector general pursuant to subsection (h), conduct, as 
authorized by this section, an investigation, inspection, 
audit, or review of such element and may enter into any place 
occupied by such element for purposes of the performance of the 
duties of the Inspector General.
  (k) Reports.--(1)(A) The Inspector General of the 
Intelligence Community shall, not later than October 31 and 
April 30 of each year, prepare and submit to the Director of 
National Intelligence a classified, and, as appropriate, 
unclassified semiannual report summarizing the activities of 
the Office of the Inspector General of the Intelligence 
Community during the immediately preceding 6-month period 
ending September 30 and March 31, respectively. The Inspector 
General of the Intelligence Community shall provide any portion 
of the report involving a component of a department of the 
United States Government to the head of that department 
simultaneously with submission of the report to the Director of 
National Intelligence.
  (B) Each report under this paragraph shall include, at a 
minimum, the following:
          (i) A list of the title or subject of each 
        investigation, inspection, audit, or review conducted 
        during the period covered by such report.
          (ii) A description of significant problems, abuses, 
        and deficiencies relating to the administration of 
        programs and activities of the intelligence community 
        within the responsibility and authority of the Director 
        of National Intelligence, and in the relationships 
        between elements of the intelligence community, 
        identified by the Inspector General during the period 
        covered by such report.
          (iii) A description of the recommendations for 
        corrective action made by the Inspector General during 
        the period covered by such report with respect to 
        significant problems, abuses, or deficiencies 
        identified in clause (ii).
          (iv) A statement of whether or not corrective action 
        has been completed on each significant recommendation 
        described in previous semiannual reports, and, in a 
        case where corrective action has been completed, a 
        description of such corrective action.
          (v) A certification of whether or not the Inspector 
        General has had full and direct access to all 
        information relevant to the performance of the 
        functions of the Inspector General.
          (vi) A description of the exercise of the subpoena 
        authority under subsection (g)(5) by the Inspector 
        General during the period covered by such report.
          (vii) Such recommendations as the Inspector General 
        considers appropriate for legislation to promote 
        economy, efficiency, and effectiveness in the 
        administration and implementation of programs and 
        activities within the responsibility and authority of 
        the Director of National Intelligence, and to detect 
        and eliminate fraud and abuse in such programs and 
        activities.
  (C) Not later than 30 days after the date of receipt of a 
report under subparagraph (A), the Director shall transmit the 
report to the congressional intelligence committees together 
with any comments the Director considers appropriate. The 
Director shall transmit to the committees of the Senate and of 
the House of Representatives with jurisdiction over a 
department of the United States Government any portion of the 
report involving a component of such department simultaneously 
with submission of the report to the congressional intelligence 
committees.
  (2)(A) The Inspector General shall report immediately to the 
Director whenever the Inspector General becomes aware of 
particularly serious or flagrant problems, abuses, or 
deficiencies relating to programs and activities within the 
responsibility and authority of the Director of National 
Intelligence.
  (B) The Director shall transmit to the congressional 
intelligence committees each report under subparagraph (A) 
within 7 calendar days of receipt of such report, together with 
such comments as the Director considers appropriate. The 
Director shall transmit to the committees of the Senate and of 
the House of Representatives with jurisdiction over a 
department of the United States Government any portion of each 
report under subparagraph (A) that involves a problem, abuse, 
or deficiency related to a component of such department 
simultaneously with transmission of the report to the 
congressional intelligence committees.
  (3)(A) In the event that--
          (i) the Inspector General is unable to resolve any 
        differences with the Director affecting the execution 
        of the duties or responsibilities of the Inspector 
        General;
          (ii) an investigation, inspection, audit, or review 
        carried out by the Inspector General focuses on any 
        current or former intelligence community official who--
                  (I) holds or held a position in an element of 
                the intelligence community that is subject to 
                appointment by the President, whether or not by 
                and with the advice and consent of the Senate, 
                including such a position held on an acting 
                basis;
                  (II) holds or held a position in an element 
                of the intelligence community, including a 
                position held on an acting basis, that is 
                appointed by the Director of National 
                Intelligence; or
                  (III) holds or held a position as head of an 
                element of the intelligence community or a 
                position covered by subsection (b) or (c) of 
                section 106;
          (iii) a matter requires a report by the Inspector 
        General to the Department of Justice on possible 
        criminal conduct by a current or former official 
        described in clause (ii);
          (iv) the Inspector General receives notice from the 
        Department of Justice declining or approving 
        prosecution of possible criminal conduct of any current 
        or former official described in clause (ii); or
          (v) the Inspector General, after exhausting all 
        possible alternatives, is unable to obtain significant 
        documentary information in the course of an 
        investigation, inspection, audit, or review,
the Inspector General shall immediately notify, and submit a 
report to, the congressional intelligence committees on such 
matter.
  (B) The Inspector General shall submit to the committees of 
the Senate and of the House of Representatives with 
jurisdiction over a department of the United States Government 
any portion of each report under subparagraph (A) that involves 
an investigation, inspection, audit, or review carried out by 
the Inspector General focused on any current or former official 
of a component of such department simultaneously with 
submission of the report to the congressional intelligence 
committees.
  (4) The Director shall submit to the congressional 
intelligence committees any report or findings and 
recommendations of an investigation, inspection, audit, or 
review conducted by the office which has been requested by the 
Chairman or Vice Chairman or ranking minority member of either 
committee.
  (5)(A) An employee of an element of the intelligence 
community, an employee assigned or detailed to an element of 
the intelligence community, or an employee of a contractor to 
the intelligence community who intends to report to Congress a 
complaint or information with respect to an urgent concern may 
report such complaint or information to the Inspector General.
  (B) Not later than the end of the 14-calendar-day period 
beginning on the date of receipt from an employee of a 
complaint or information under subparagraph (A), the Inspector 
General shall determine whether the complaint or information 
appears credible. Upon making such a determination, the 
Inspector General shall transmit to the Director a notice of 
that determination, together with the complaint or information.
  (C) Upon receipt of a transmittal from the Inspector General 
under subparagraph (B), the Director shall, within 7 calendar 
days of such receipt, forward such transmittal to the 
congressional intelligence committees, together with any 
comments the Director considers appropriate.
  (D)(i) If the Inspector General does not find credible under 
subparagraph (B) a complaint or information submitted under 
subparagraph (A), or does not transmit the complaint or 
information to the Director in accurate form under subparagraph 
(B), the employee (subject to clause (ii)) may submit the 
complaint or information to Congress by contacting either or 
both of the congressional intelligence committees directly.
  (ii) An employee may contact the congressional intelligence 
committees directly as described in clause (i) only if the 
employee--
          (I) before making such a contact, furnishes to the 
        Director, through the Inspector General, a statement of 
        the employee's complaint or information and notice of 
        the employee's intent to contact the congressional 
        intelligence committees directly; and
          (II) obtains and follows from the Director, through 
        the Inspector General, direction on how to contact the 
        congressional intelligence committees in accordance 
        with appropriate security practices.
  (iii) A member or employee of one of the congressional 
intelligence committees who receives a complaint or information 
under this subparagraph does so in that member or employee's 
official capacity as a member or employee of such committee.
  (E) The Inspector General shall notify an employee who 
reports a complaint or information to the Inspector General 
under this paragraph of each action taken under this paragraph 
with respect to the complaint or information. Such notice shall 
be provided not later than 3 days after any such action is 
taken.
  (F) An action taken by the Director or the Inspector General 
under this paragraph shall not be subject to judicial review.
  (G) In this paragraph, the term ``urgent concern'' means any 
of the following:
          (i) A serious or flagrant problem, abuse, violation 
        of law or Executive order, or deficiency relating to 
        the funding, administration, or operation of an 
        intelligence activity within the responsibility and 
        authority of the Director of National Intelligence 
        involving classified information, but does not include 
        differences of opinions concerning public policy 
        matters.
          (ii) A false statement to Congress, or a willful 
        withholding from Congress, on an issue of material fact 
        relating to the funding, administration, or operation 
        of an intelligence activity.
          (iii) An action, including a personnel action 
        described in section 2302(a)(2)(A) of title 5, United 
        States Code, constituting reprisal or threat of 
        reprisal prohibited under subsection (g)(3)(B) of this 
        section in response to an employee's reporting an 
        urgent concern in accordance with this paragraph.
  (H) Nothing in this section shall be construed to limit the 
protections afforded to an employee under section 17(d) of the 
Central Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)) or 
section 8H of the Inspector General Act of 1978 (5 U.S.C. 
App.).
  (I) An individual who has submitted a complaint or 
information to the Inspector General under this section may 
notify any member of either of the congressional intelligence 
committees, or a staff member of either of such committees, of 
the fact that such individual has made a submission to the 
Inspector General, and of the date on which such submission was 
made.
  (6) In accordance with section 535 of title 28, United States 
Code, the Inspector General shall expeditiously report to the 
Attorney General any information, allegation, or complaint 
received by the Inspector General relating to violations of 
Federal criminal law that involves a program or operation of an 
element of the intelligence community, or in the relationships 
between the elements of the intelligence community, consistent 
with such guidelines as may be issued by the Attorney General 
pursuant to subsection (b)(2) of such section. A copy of each 
such report shall be furnished to the Director.
  (l) Construction of Duties Regarding Elements of Intelligence 
Community.--Except as resolved pursuant to subsection (h), the 
performance by the Inspector General of the Intelligence 
Community of any duty, responsibility, or function regarding an 
element of the intelligence community shall not be construed to 
modify or affect the duties and responsibilities of any other 
inspector general having duties and responsibilities relating 
to such element.
  (m) Separate Budget Account.--The Director of National 
Intelligence shall, in accordance with procedures issued by the 
Director in consultation with the congressional intelligence 
committees, include in the National Intelligence Program budget 
a separate account for the Office of the Inspector General of 
the Intelligence Community.
  (n) Budget.--(1) For each fiscal year, the Inspector General 
of the Intelligence Community shall transmit a budget estimate 
and request to the Director of National Intelligence that 
specifies for such fiscal year--
          (A) the aggregate amount requested for the operations 
        of the Inspector General;
          (B) the amount requested for all training 
        requirements of the Inspector General, including a 
        certification from the Inspector General that the 
        amount requested is sufficient to fund all training 
        requirements for the Office of the Inspector General; 
        and
          (C) the amount requested to support the Council of 
        the Inspectors General on Integrity and Efficiency, 
        including a justification for such amount.
  (2) In transmitting a proposed budget to the President for a 
fiscal year, the Director of National Intelligence shall 
include for such fiscal year--
          (A) the aggregate amount requested for the Inspector 
        General of the Intelligence Community;
          (B) the amount requested for Inspector General 
        training;
          (C) the amount requested to support the Council of 
        the Inspectors General on Integrity and Efficiency; and
          (D) the comments of the Inspector General, if any, 
        with respect to such proposed budget.
  (3) The Director of National Intelligence shall submit to the 
congressional intelligence committees, the Committee on 
Appropriations of the Senate, and the Committee on 
Appropriations of the House of Representatives for each fiscal 
year--
          (A) a separate statement of the budget estimate 
        transmitted pursuant to paragraph (1);
          (B) the amount requested by the Director for the 
        Inspector General pursuant to paragraph (2)(A);
          (C) the amount requested by the Director for the 
        training of personnel of the Office of the Inspector 
        General pursuant to paragraph (2)(B);
          (D) the amount requested by the Director for support 
        for the Council of the Inspectors General on Integrity 
        and Efficiency pursuant to paragraph (2)(C); and
          (E) the comments of the Inspector General under 
        paragraph (2)(D), if any, on the amounts requested 
        pursuant to paragraph (2), including whether such 
        amounts would substantially inhibit the Inspector 
        General from performing the duties of the Office of the 
        Inspector General.
  (o) Information on Website.--(1) The Director of National 
Intelligence shall establish and maintain on the homepage of 
the publicly accessible website of the Office of the Director 
of National Intelligence information relating to the Office of 
the Inspector General of the Intelligence Community including 
methods to contact the Inspector General.
  (2) The information referred to in paragraph (1) shall be 
obvious and facilitate accessibility to the information related 
to the Office of the Inspector General of the Intelligence 
Community.

           *       *       *       *       *       *       *


SEC. 119B. CYBER THREAT INTELLIGENCE INTEGRATION CENTER.

  (a) Establishment.--There is within the Office of the 
Director of National Intelligence a Cyber Threat Intelligence 
Integration Center.
  (b) Director.--There is a Director of the Cyber Threat 
Intelligence Integration Center, who shall be the head of the 
Cyber Threat Intelligence Integration Center, and who shall be 
appointed by the Director of National Intelligence.
  (c) Primary Missions.--The Cyber Threat Intelligence 
Integration Center shall--
          (1) serve as the primary organization within the 
        Federal Government for analyzing and integrating all 
        intelligence possessed or acquired by the United States 
        pertaining to cyber threats;
          (2) ensure that appropriate departments and agencies 
        of the Federal Government have full access to and 
        receive all-source intelligence support needed to 
        execute the cyber threat intelligence activities of 
        such agencies and to perform independent, alternative 
        analyses;
          (3) disseminate cyber threat analysis to the 
        President, the appropriate departments and agencies of 
        the Federal Government, and the appropriate committees 
        of Congress;
          (4) coordinate cyber threat intelligence activities 
        of the departments and agencies of the Federal 
        Government; and
          (5) conduct strategic cyber threat intelligence 
        planning for the Federal Government.
  (d) Limitations.--The Cyber Threat Intelligence Integration 
Center--
          (1) may not have more than 50 permanent positions;
          (2) in carrying out the primary missions of the 
        Center described in subsection (c), may not augment 
        staffing through detailees, assignees, or core 
        contractor personnel or enter into any personal 
        services contracts to exceed the limitation under 
        paragraph (1); and
          (3) shall be located in a building owned or operated 
        by an element of the intelligence community as of the 
        date of the enactment of this section.

                     national intelligence centers

  Sec. [119B.]  119C. (a) Authority To Establish.--The Director 
of National Intelligence may establish one or more national 
intelligence centers to address intelligence priorities, 
including, but not limited to, regional issues.
  (b) Resources of Directors of Centers.--(1) The Director of 
National Intelligence shall ensure that the head of each 
national intelligence center under subsection (a) has 
appropriate authority, direction, and control of such center, 
and of the personnel assigned to such center, to carry out the 
assigned mission of such center.
  (2) The Director of National Intelligence shall ensure that 
each national intelligence center has appropriate personnel to 
accomplish effectively the mission of such center.
  (c) Information Sharing.--The Director of National 
Intelligence shall, to the extent appropriate and practicable, 
ensure that each national intelligence center under subsection 
(a) and the other elements of the intelligence community share 
information in order to facilitate the mission of such center.
  (d) Mission of Centers.--Pursuant to the direction of the 
Director of National Intelligence, each national intelligence 
center under subsection (a) may, in the area of intelligence 
responsibility assigned to such center--
          (1) have primary responsibility for providing all-
        source analysis of intelligence based upon intelligence 
        gathered both domestically and abroad;
          (2) have primary responsibility for identifying and 
        proposing to the Director of National Intelligence 
        intelligence collection and analysis and production 
        requirements; and
          (3) perform such other duties as the Director of 
        National Intelligence shall specify.
  (e) Review and Modification of Centers.--The Director of 
National Intelligence shall determine on a regular basis 
whether--
          (1) the area of intelligence responsibility assigned 
        to each national intelligence center under subsection 
        (a) continues to meet appropriate intelligence 
        priorities; and
          (2) the staffing and management of such center 
        remains appropriate for the accomplishment of the 
        mission of such center.
  (f) Termination.--The Director of National Intelligence may 
terminate any national intelligence center under subsection 
(a).
  (g) Separate Budget Account.--The Director of National 
Intelligence shall, as appropriate, include in the National 
Intelligence Program budget a separate line item for each 
national intelligence center under subsection (a).

           *       *       *       *       *       *       *


TITLE V--ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

           *       *       *       *       *       *       *


         [intelligence community business system transformation

  [Sec. 506D. (a) Limitation on Obligation of Funds.--(1) 
Subject to paragraph (3), no funds appropriated to any element 
of the intelligence community may be obligated for an 
intelligence community business system transformation that will 
have a total cost in excess of $3,000,000 unless--
          [(A) the Director of the Office of Business 
        Transformation of the Office of the Director of 
        National Intelligence makes a certification described 
        in paragraph (2) with respect to such intelligence 
        community business system transformation; and
          [(B) such certification is approved by the board 
        established under subsection (f).
  [(2) The certification described in this paragraph for an 
intelligence community business system transformation is a 
certification made by the Director of the Office of Business 
Transformation of the Office of the Director of National 
Intelligence that the intelligence community business system 
transformation--
          [(A) complies with the enterprise architecture under 
        subsection (b) and such other policies and standards 
        that the Director of National Intelligence considers 
        appropriate; or
          [(B) is necessary--
                  [(i) to achieve a critical national security 
                capability or address a critical requirement; 
                or
                  [(ii) to prevent a significant adverse effect 
                on a project that is needed to achieve an 
                essential capability, taking into consideration 
                any alternative solutions for preventing such 
                adverse effect.
  [(3) With respect to a fiscal year after fiscal year 2010, 
the amount referred to in paragraph (1) in the matter preceding 
subparagraph (A) shall be equal to the sum of--
          [(A) the amount in effect under such paragraph (1) 
        for the preceding fiscal year (determined after 
        application of this paragraph), plus
          [(B) such amount multiplied by the annual percentage 
        increase in the consumer price index (all items; U.S. 
        city average) as of September of the previous fiscal 
        year.
  [(b) Enterprise Architecture for Intelligence Community 
Business Systems.--(1) The Director of National Intelligence 
shall, acting through the board established under subsection 
(f), develop and implement an enterprise architecture to cover 
all intelligence community business systems, and the functions 
and activities supported by such business systems. The 
enterprise architecture shall be sufficiently defined to 
effectively guide, constrain, and permit implementation of 
interoperable intelligence community business system solutions, 
consistent with applicable policies and procedures established 
by the Director of the Office of Management and Budget.
  [(2) The enterprise architecture under paragraph (1) shall 
include the following:
          [(A) An information infrastructure that will enable 
        the intelligence community to--
                  [(i) comply with all Federal accounting, 
                financial management, and reporting 
                requirements;
                  [(ii) routinely produce timely, accurate, and 
                reliable financial information for management 
                purposes;
                  [(iii) integrate budget, accounting, and 
                program information and systems; and
                  [(iv) provide for the measurement of 
                performance, including the ability to produce 
                timely, relevant, and reliable cost 
                information.
          [(B) Policies, procedures, data standards, and system 
        interface requirements that apply uniformly throughout 
        the intelligence community.
  [(c) Responsibilities for Intelligence Community Business 
System Transformation.--The Director of National Intelligence 
shall be responsible for the entire life cycle of an 
intelligence community business system transformation, 
including review, approval, and oversight of the planning, 
design, acquisition, deployment, operation, and maintenance of 
the business system transformation.
  [(d) Intelligence Community Business System Investment 
Review.--(1) The Director of the Office of Business 
Transformation of the Office of the Director of National 
Intelligence shall establish and implement, not later than 60 
days after the enactment of the Intelligence Authorization Act 
for Fiscal Year 2010, an investment review process for the 
intelligence community business systems for which the Director 
of the Office of Business Transformation is responsible.
  [(2) The investment review process under paragraph (1) 
shall--
          [(A) meet the requirements of section 11312 of title 
        40, United States Code; and
          [(B) specifically set forth the responsibilities of 
        the Director of the Office of Business Transformation 
        under such review process.
  [(3) The investment review process under paragraph (1) shall 
include the following elements:
          [(A) Review and approval by an investment review 
        board (consisting of appropriate representatives of the 
        intelligence community) of each intelligence community 
        business system as an investment before the obligation 
        of funds for such system.
          [(B) Periodic review, but not less often than 
        annually, of every intelligence community business 
        system investment.
          [(C) Thresholds for levels of review to ensure 
        appropriate review of intelligence community business 
        system investments depending on the scope, complexity, 
        and cost of the system involved.
          [(D) Procedures for making certifications in 
        accordance with the requirements of subsection (a)(2).
  [(f) Intelligence Community Business System Transformation 
Governance Board.--(1) The Director of National Intelligence 
shall establish a board within the intelligence community 
business system transformation governance structure (in this 
subsection referred to as the ``Board'').
  [(2) The Board shall--
          [(A) recommend to the Director policies and 
        procedures necessary to effectively integrate all 
        business activities and any transformation, reform, 
        reorganization, or process improvement initiatives 
        undertaken within the intelligence community;
          [(B) review and approve any major update of--
                  [(i) the enterprise architecture developed 
                under subsection (b); and
                  [(ii) any plans for an intelligence community 
                business systems modernization;
          [(C) manage cross-domain integration consistent with 
        such enterprise architecture;
          [(D) coordinate initiatives for intelligence 
        community business system transformation to maximize 
        benefits and minimize costs for the intelligence 
        community, and periodically report to the Director on 
        the status of efforts to carry out an intelligence 
        community business system transformation;
          [(E) ensure that funds are obligated for intelligence 
        community business system transformation in a manner 
        consistent with subsection (a); and
          [(F) carry out such other duties as the Director 
        shall specify.
  [(g) Relation to Annual Registration Requirements.--Nothing 
in this section shall be construed to alter the requirements of 
section 8083 of the Department of Defense Appropriations Act, 
2005 (Public Law 108-287; 118 Stat. 989), with regard to 
information technology systems (as defined in subsection (d) of 
such section).
  [(h) Relationship to Defense Business Enterprise 
Architecture.--Nothing in this section shall be construed to 
exempt funds authorized to be appropriated to the Department of 
Defense from the requirements of section 2222 of title 10, 
United States Code, to the extent that such requirements are 
otherwise applicable.
  [(i) Relation to Clinger-Cohen Act.--(1) Executive agency 
responsibilities in chapter 113 of title 40, United States 
Code, for any intelligence community business system 
transformation shall be exercised jointly by--
          [(A) the Director of National Intelligence and the 
        Chief Information Officer of the Intelligence 
        Community; and
          [(B) the head of the executive agency that contains 
        the element of the intelligence community involved and 
        the chief information officer of that executive agency.
  [(2) The Director of National Intelligence and the head of 
the executive agency referred to in paragraph (1)(B) shall 
enter into a Memorandum of Understanding to carry out the 
requirements of this section in a manner that best meets the 
needs of the intelligence community and the executive agency.
  [(j) Reports.--Not later than March 31 of each of the years 
2011 through 2014, the Director of National Intelligence shall 
submit to the congressional intelligence committees a report on 
the compliance of the intelligence community with the 
requirements of this section. Each such report shall--
          [(1) describe actions taken and proposed for meeting 
        the requirements of subsection (a), including--
                  [(A) specific milestones and actual 
                performance against specified performance 
                measures, and any revision of such milestones 
                and performance measures; and
                  [(B) specific actions on the intelligence 
                community business system transformations 
                submitted for certification under such 
                subsection;
          [(2) identify the number of intelligence community 
        business system transformations that received a 
        certification described in subsection (a)(2); and
          [(3) describe specific improvements in business 
        operations and cost savings resulting from successful 
        intelligence community business systems transformation 
        efforts.
  [(k) Definitions.--In this section:
          [(1) The term ``enterprise architecture'' has the 
        meaning given that term in section 3601(4) of title 44, 
        United States Code.
          [(2) The terms ``information system'' and 
        ``information technology'' have the meanings given 
        those terms in section 11101 of title 40, United States 
        Code.
          [(3) The term ``intelligence community business 
        system'' means an information system, including a 
        national security system, that is operated by, for, or 
        on behalf of an element of the intelligence community, 
        including a financial system, mixed system, financial 
        data feeder system, and the business infrastructure 
        capabilities shared by the systems of the business 
        enterprise architecture, including people, process, and 
        technology, that build upon the core infrastructure 
        used to support business activities, such as 
        acquisition, financial management, logistics, strategic 
        planning and budgeting, installations and environment, 
        and human resource management.
          [(4) The term ``intelligence community business 
        system transformation'' means--
                  [(A) the acquisition or development of a new 
                intelligence community business system; or
                  [(B) any significant modification or 
                enhancement of an existing intelligence 
                community business system (other than necessary 
                to maintain current services).
          [(5) The term ``national security system'' has the 
        meaning given that term in section 3542 of title 44, 
        United States Code.
          [(6) The term ``Office of Business Transformation of 
        the Office of the Director of National Intelligence'' 
        includes any successor office that assumes the 
        functions of the Office of Business Transformation of 
        the Office of the Director of National Intelligence as 
        carried out by the Office of Business Transformation on 
        the date of the enactment of the Intelligence 
        Authorization Act for Fiscal Year 2010.]

         INTELLIGENCE COMMUNITY BUSINESS SYSTEM TRANSFORMATION

  Sec. 506D. (a) Limitation on Obligation of Funds.--(1) 
Subject to paragraph (3), no funds appropriated to any element 
of the intelligence community may be obligated for an 
intelligence community business system transformation that will 
have a total cost in excess of $3,000,000 unless the Chief 
Information Officer of the Intelligence Community makes a 
certification described in paragraph (2) with respect to such 
intelligence community business system transformation.
  (2) The certification described in this paragraph for an 
intelligence community business system transformation is a 
certification made by the Chief Information Officer of the 
Intelligence Community that the intelligence community business 
system transformation--
          (A) complies with the enterprise architecture under 
        subsection (b) and such other policies and standards 
        that the Chief Information Officer of the Intelligence 
        Community considers appropriate; or
          (B) is necessary--
                  (i) to achieve a critical national security 
                capability or address a critical requirement; 
                or
                  (ii) to prevent a significant adverse effect 
                on a project that is needed to achieve an 
                essential capability, taking into consideration 
                any alternative solutions for preventing such 
                adverse effect.
  (3) With respect to a fiscal year after fiscal year 2010, the 
amount referred to in paragraph (1) in the matter preceding 
subparagraph (A) shall be equal to the sum of--
          (A) the amount in effect under such paragraph (1) for 
        the preceding fiscal year (determined after application 
        of this paragraph), plus
          (B) such amount multiplied by the annual percentage 
        increase in the Consumer Price Index (all items; U.S. 
        city average) as of September of the previous fiscal 
        year.
  (b) Enterprise Architecture for Intelligence Community 
Business Systems.--(1) The Director of National Intelligence 
shall develop and implement an enterprise architecture to cover 
all intelligence community business systems, and the functions 
and activities supported by such business systems. The 
enterprise architecture shall be sufficiently defined to 
effectively guide, constrain, and permit implementation of 
interoperable intelligence community business system solutions, 
consistent with applicable policies and procedures established 
by the Director of the Office of Management and Budget.
  (2) The enterprise architecture under paragraph (1) shall 
include the following:
          (A) An information infrastructure that will enable 
        the intelligence community to--
                  (i) comply with all Federal accounting, 
                financial management, and reporting 
                requirements;
                  (ii) routinely produce timely, accurate, and 
                reliable financial information for management 
                purposes;
                  (iii) integrate budget, accounting, and 
                program information and systems; and
                  (iv) provide for the measurement of 
                performance, including the ability to produce 
                timely, relevant, and reliable cost 
                information.
          (B) Policies, procedures, data standards, and system 
        interface requirements that apply uniformly throughout 
        the intelligence community.
  (c) Responsibilities for Intelligence Community Business 
System Transformation.--The Director of National Intelligence 
shall be responsible for the entire life cycle of an 
intelligence community business system transformation, 
including review, approval, and oversight of the planning, 
design, acquisition, deployment, operation, and maintenance of 
the business system transformation.
  (d) Intelligence Community Business System Investment 
Review.--(1) The Chief Information Officer of the Intelligence 
Community shall establish and implement, not later than 60 days 
after October 7, 2010, an investment review process for the 
intelligence community business systems for which the Chief 
Information Officer of the Intelligence Community is 
responsible.
  (2) The investment review process under paragraph (1) shall--
          (A) meet the requirements of section 11312 of title 
        40, United States Code; and
          (B) specifically set forth the responsibilities of 
        the Chief Information Office of the Intelligence 
        Community under such review process.
  (3) The investment review process under paragraph (1) shall 
include the following elements:
          (A) Review and approval by an investment review board 
        (consisting of appropriate representatives of the 
        intelligence community) of each intelligence community 
        business system as an investment before the obligation 
        of funds for such system.
          (B) Periodic review, but not less often than 
        annually, of every intelligence community business 
        system investment.
          (C) Thresholds for levels of review to ensure 
        appropriate review of intelligence community business 
        system investments depending on the scope, complexity, 
        and cost of the system involved.
          (D) Procedures for making certifications in 
        accordance with the requirements of subsection (a)(2).
  (e) Relation to Annual Registration Requirements.--Nothing in 
this section shall be construed to alter the requirements of 
section 8083 of the Department of Defense Appropriations Act, 
2005 (Public Law 108-287; 118 Stat. 989), with regard to 
information technology systems (as defined in subsection (d) of 
such section).
  (f) Relationship to Defense Business Enterprise 
Architecture.--Intelligence community business system 
transformations certified under this section shall be deemed to 
be in compliance with section 2222 of title 10, United States 
Code. Nothing in this section shall be construed to exempt 
funds authorized to be appropriated to the Department of 
Defense for activities other than an intelligence community 
business system transformation from the requirements of such 
section 2222, to the extent that such requirements are 
otherwise applicable.
  (g) Relation to Clinger-cohen Act.--(1) Executive agency 
responsibilities in chapter 113 of title 40, United States 
Code, for any intelligence community business system 
transformation shall be exercised jointly by--
          (A) the Director of National Intelligence and the 
        Chief Information Officer of the Intelligence 
        Community; and
          (B) the head of the executive agency that contains 
        the element of the intelligence community involved and 
        the chief information officer of that executive agency.
  (2) The Director of National Intelligence and the head of the 
executive agency referred to in paragraph (1)(B) shall enter 
into a memorandum of understanding to carry out the 
requirements of this section in a manner that best meets the 
needs of the intelligence community and the executive agency.
  (h) Definitions.--In this section:
          (1) The term ``enterprise architecture'' has the 
        meaning given that term in section 3601(4) of title 44, 
        United States Code.
          (2) The terms ``information system'' and 
        ``information technology'' have the meanings given 
        those terms in section 11101 of title 40, United States 
        Code.
          (3) The term ``intelligence community business 
        system'' means an information system, including a 
        national security system, that is operated by, for, or 
        on behalf of an element of the intelligence community, 
        including a financial system, mixed system, financial 
        data feeder system, and the business infrastructure 
        capabilities shared by the systems of the business 
        enterprise architecture, including people, process, and 
        technology, that build upon the core infrastructure 
        used to support business activities, such as 
        acquisition, financial management, logistics, strategic 
        planning and budgeting, installations and environment, 
        and human resource management.
          (4) The term ``intelligence community business system 
        transformation'' means--
                  (A) the acquisition or development of a new 
                intelligence community business system; or
                  (B) any significant modification or 
                enhancement of an existing intelligence 
                community business system (other than necessary 
                to maintain current services).
          (5) The term ``national security system'' has the 
        meaning given that term in section 3552(b) of title 44, 
        United States Code.

           *       *       *       *       *       *       *


                     reports on security clearances

  Sec. 506H. [(a) Quadrennial Audit of Position Requirements.--
(1) The President shall every four years conduct an audit of 
the manner in which the executive branch determines whether a 
security clearance is required for a particular position in the 
United States Government.
  [(2) Not later than 30 days after the completion of an audit 
conducted under paragraph (1), the President shall submit to 
Congress the results of such audit.]
  [(b)] (a) Report on Security Clearance Determinations.--(1) 
Not later than February 1 of each year, the President shall 
submit to Congress a report on the security clearance process. 
Such report shall include, for each security clearance level--
          (A) the number of employees of the United States 
        Government who--
                  (i) held a security clearance at such level 
                as of October 1 of the preceding year; and
                  (ii) were approved for a security clearance 
                at such level during the preceding fiscal year;
          (B) the number of contractors to the United States 
        Government who--
                  (i) held a security clearance at such level 
                as of October 1 of the preceding year; and
                  (ii) were approved for a security clearance 
                at such level during the preceding fiscal year; 
                and
          (C) for each element of the intelligence community--
                  (i) the total amount of time it took to 
                process the security clearance determination 
                for such level that--
                          (I) was among the 80 percent of 
                        security clearance determinations made 
                        during the preceding fiscal year that 
                        took the shortest amount of time to 
                        complete; and
                          (II) took the longest amount of time 
                        to complete;
                  (ii) the total amount of time it took to 
                process the security clearance determination 
                for such level that--
                          (I) was among the 90 percent of 
                        security clearance determinations made 
                        during the preceding fiscal year that 
                        took the shortest amount of time to 
                        complete; and
                          (II) took the longest amount of time 
                        to complete;
                  (iii) the number of pending security 
                clearance investigations for such level as of 
                October 1 of the preceding year that have 
                remained pending for--
                          (I) 4 months or less;
                          (II) between 4 months and 8 months;
                          (III) between 8 months and one year; 
                        and
                          (IV) more than one year;
                  (iv) the percentage of reviews during the 
                preceding fiscal year that resulted in a denial 
                or revocation of a security clearance;
                  (v) the percentage of investigations during 
                the preceding fiscal year that resulted in 
                incomplete information;
                  (vi) the percentage of investigations during 
                the preceding fiscal year that did not result 
                in enough information to make a decision on 
                potentially adverse information; and
                  (vii) for security clearance determinations 
                completed or pending during the preceding 
                fiscal year that have taken longer than one 
                year to complete--
                          (I) the number of security clearance 
                        determinations for positions as 
                        employees of the United States 
                        Government that required more than one 
                        year to complete;
                          (II) the number of security clearance 
                        determinations for contractors that 
                        required more than one year to 
                        complete;
                          (III) the agencies that investigated 
                        and adjudicated such determinations; 
                        and
                          (IV) the cause of significant delays 
                        in such determinations.
  (2) For purposes of paragraph (1), the President may 
consider--
          (A) security clearances at the level of confidential 
        and secret as one security clearance level; and
          (B) security clearances at the level of top secret or 
        higher as one security clearance level.
  [(c)] (b) Form.--The results required under subsection (a)(2) 
and the reports required under subsection (b)(1) shall be 
submitted in unclassified form, but may include a classified 
annex.

           *       *       *       *       *       *       *


  dates for submittal of various annual and semiannual reports to the 
                 congressional intelligence committees

  Sec. 507. (a) Annual Reports.--The date for the submittal to 
the congressional intelligence committees of the following 
annual reports shall be the date each year provided in 
subsection (c)(1):
          (1) The annual report of the Inspectors Generals of 
        the intelligence community on proposed resources and 
        activities of their offices required by section 8H(g) 
        of the Inspector General Act of 1978.
          (2) The annual report on certifications for immunity 
        in interdiction of aircraft engaged in illicit drug 
        trafficking required by section 1012(c)(2) of the 
        National Defense Authorization Act for Fiscal Year 1995 
        (22 U.S.C. 2291-4(c)(2)).
          (3) The annual report on activities under the David 
        L. Boren National Security Education Act of 1991 (title 
        VIII of Public Law 102-183; 50 U.S.C. 1901 et seq.) 
        required by section 806(a) of that Act (50 U.S.C. 
        1906(a)).
          (4) The annual report on hiring and retention of 
        minority employees in the intelligence community 
        required by section 114(a).
          [(5) The annual report on outside employment of 
        employees of elements of the intelligence community 
        required by section 102A(u)(2).]
          [(6)] (5) The annual report on financial intelligence 
        on terrorist assets required by section 118.
  (b) Semiannual Reports.--The dates for the submittal to the 
congressional intelligence committees of the following 
semiannual reports shall be the dates each year provided in 
subsection (c)(2):
          (1) The semiannual reports on decisions not to 
        prosecute certain violations of law under the 
        Classified Information Procedures Act (18 U.S.C. App.) 
        as required by section 13 of that Act.
          (2) The semiannual reports on the disclosure of 
        information and consumer reports to the Federal Bureau 
        of Investigation for counterintelligence purposes 
        required by section 624(h)(2) of the Fair Credit 
        Reporting Act (15 U.S.C. 1681u(h)(2)).
          (3) The semiannual provision of information on 
        requests for financial information for foreign 
        counterintelligence purposes required by section 
        1114(a)(5)(C) of the Right to Financial Privacy Act of 
        1978 (12 U.S.C. 3414(a)(5)(C)).
  (c) Submittal Dates for Reports.--(1) Except as provided in 
subsection (d), each annual report listed in [subsection 
(a)(1)] subsection (a) shall be submitted not later than 
February 1.
  (2) Except as provided in subsection (d), each semiannual 
report listed in subsection (b) shall be submitted not later 
than February 1 and August 1.
  (d) Postponement of Submittal.--(1) Subject to paragraph (3), 
the date for the submittal of--
          (A) an annual report listed in subsection (a) may be 
        postponed until March 1; and
          (B) a semiannual report listed in subsection (b) may 
        be postponed until March 1 or September 1, as the case 
        may be,
if the official required to submit such report submits to the 
congressional intelligence committees a written notification of 
such postponement.
  (2)(A) Notwithstanding any other provision of law and subject 
to paragraph (3), the date for the submittal to the 
congressional intelligence committees of any report described 
in subparagraph (B) may be postponed by not more than 30 days 
from the date otherwise specified in the provision of law for 
the submittal of such report if the official required to submit 
such report submits to the congressional intelligence 
committees a written notification of such postponement.
  (B) A report described in this subparagraph is any report on 
intelligence or intelligence-related activities of the United 
States Government that is submitted under a provision of law 
requiring the submittal of only a single report.
  (3)(A) The date for the submittal of a report whose submittal 
is postponed under paragraph (1) or (2) may be postponed beyond 
the time provided for the submittal of such report under such 
paragraph if the official required to submit such report 
submits to the congressional intelligence committees a written 
certification that preparation and submittal of such report at 
such time will impede the work of officers or employees of the 
intelligence community in a manner that will be detrimental to 
the national security of the United States.
  (B) A certification with respect to a report under 
subparagraph (A) shall include a proposed submittal date for 
such report, and such report shall be submitted not later than 
that date.

           *       *       *       *       *       *       *

                              ----------                              


INSPECTOR GENERAL ACT OF 1978

           *       *       *       *       *       *       *


SEC. 11. ESTABLISHMENT OF THE COUNCIL OF THE INSPECTORS GENERAL ON 
                    INTEGRITY AND EFFICIENCY.

  (a) Establishment and Mission.--
          (1) Establishment.--There is established as an 
        independent entity within the executive branch the 
        Council of the Inspectors General on Integrity and 
        Efficiency (in this section referred to as the 
        ``Council'').
          (2) Mission.--The mission of the Council shall be 
        to--
                  (A) address integrity, economy, and 
                effectiveness issues that transcend individual 
                Government agencies; and
                  (B) increase the professionalism and 
                effectiveness of personnel by developing 
                policies, standards, and approaches to aid in 
                the establishment of a well-trained and highly 
                skilled workforce in the offices of the 
                Inspectors General.
  (b) Membership.--
          (1) In general.--The Council shall consist of the 
        following members:
                  (A) All Inspectors General whose offices are 
                established under--
                          (i) section 2; or
                          (ii) section 8G.
                  (B) The Inspectors General of [the Office of 
                the Director of National Intelligence] the 
                Intelligence Community and the Central 
                Intelligence Agency.
                  (C) The Controller of the Office of Federal 
                Financial Management.
                  (D) A senior level official of the Federal 
                Bureau of Investigation designated by the 
                Director of the Federal Bureau of 
                Investigation.
                  (E) The Director of the Office of Government 
                Ethics.
                  (F) The Special Counsel of the Office of 
                Special Counsel.
                  (G) The Deputy Director of the Office of 
                Personnel Management.
                  (H) The Deputy Director for Management of the 
                Office of Management and Budget.
                  (I) The Inspectors General of the Library of 
                Congress, Capitol Police, Government Printing 
                Office, Government Accountability Office, and 
                the Architect of the Capitol.
          (2) Chairperson and executive chairperson.--
                  (A) Executive chairperson.--The Deputy 
                Director for Management of the Office of 
                Management and Budget shall be the Executive 
                Chairperson of the Council.
                  (B) Chairperson.--The Council shall elect 1 
                of the Inspectors General referred to in 
                paragraph (1)(A) or (B) to act as Chairperson 
                of the Council. The term of office of the 
                Chairperson shall be 2 years.
          (3) Functions of chairperson and executive 
        chairperson.--
                  (A) Executive chairperson.--The Executive 
                Chairperson shall--
                          (i) preside over meetings of the 
                        Council;
                          (ii) provide to the heads of agencies 
                        and entities represented on the Council 
                        summary reports of the activities of 
                        the Council; and
                          (iii) provide to the Council such 
                        information relating to the agencies 
                        and entities represented on the Council 
                        as assists the Council in performing 
                        its functions.
                  (B) Chairperson.--The Chairperson shall--
                          (i) convene meetings of the Council--
                                  (I) at least 6 times each 
                                year;
                                  (II) monthly to the extent 
                                possible; and
                                  (III) more frequently at the 
                                discretion of the Chairperson;
                          (ii) carry out the functions and 
                        duties of the Council under subsection 
                        (c);
                          (iii) appoint a Vice Chairperson to 
                        assist in carrying out the functions of 
                        the Council and act in the absence of 
                        the Chairperson, from a category of 
                        Inspectors General described in 
                        subparagraph (A)(i), (A)(ii), or (B) of 
                        paragraph (1), other than the category 
                        from which the Chairperson was elected;
                          (iv) make such payments from funds 
                        otherwise available to the Council as 
                        may be necessary to carry out the 
                        functions of the Council;
                          (v) select, appoint, and employ 
                        personnel as needed to carry out the 
                        functions of the Council subject to the 
                        provisions of title 5, United States 
                        Code, governing appointments in the 
                        competitive service, and the provisions 
                        of chapter 51 and subchapter III of 
                        chapter 53 of such title, relating to 
                        classification and General Schedule pay 
                        rates;
                          (vi) to the extent and in such 
                        amounts as may be provided in advance 
                        by appropriations Acts, made available 
                        from the revolving fund established 
                        under subsection (c)(3)(B), or as 
                        otherwise provided by law, enter into 
                        contracts and other arrangements with 
                        public agencies and private persons to 
                        carry out the functions and duties of 
                        the Council;
                          (vii) establish, in consultation with 
                        the members of the Council, such 
                        committees as determined by the 
                        Chairperson to be necessary and 
                        appropriate for the efficient conduct 
                        of Council functions; and
                          (viii) prepare and transmit a report 
                        annually on behalf of the Council to 
                        the President on the activities of the 
                        Council.
  (c) Functions and Duties of Council.--
          (1) In general.--The Council shall--
                  (A) continually identify, review, and discuss 
                areas of weakness and vulnerability in Federal 
                programs and operations with respect to fraud, 
                waste, and abuse;
                  (B) develop plans for coordinated, 
                Governmentwide activities that address these 
                problems and promote economy and efficiency in 
                Federal programs and operations, including 
                interagency and interentity audit, 
                investigation, inspection, and evaluation 
                programs and projects to deal efficiently and 
                effectively with those problems concerning 
                fraud and waste that exceed the capability or 
                jurisdiction of an individual agency or entity;
                  (C) develop policies that will aid in the 
                maintenance of a corps of well-trained and 
                highly skilled Office of Inspector General 
                personnel;
                  (D) maintain an Internet website and other 
                electronic systems for the benefit of all 
                Inspectors General, as the Council determines 
                are necessary or desirable;
                  (E) maintain 1 or more academies as the 
                Council considers desirable for the 
                professional training of auditors, 
                investigators, inspectors, evaluators, and 
                other personnel of the various offices of 
                Inspector General;
                  (F) submit recommendations of individuals to 
                the appropriate appointing authority for any 
                appointment to an office of Inspector General 
                described under subsection (b)(1)(A) or (B);
                  (G) make such reports to Congress as the 
                Chairperson determines are necessary or 
                appropriate; and
                  (H) perform other duties within the authority 
                and jurisdiction of the Council, as 
                appropriate.
          (2) Adherence and participation by members.--To the 
        extent permitted under law, and to the extent not 
        inconsistent with standards established by the 
        Comptroller General of the United States for audits of 
        Federal establishments, organizations, programs, 
        activities, and functions, each member of the Council, 
        as appropriate, shall--
                  (A) adhere to professional standards 
                developed by the Council; and
                  (B) participate in the plans, programs, and 
                projects of the Council, except that in the 
                case of a member described under subsection 
                (b)(1)(I), the member shall participate only to 
                the extent requested by the member and approved 
                by the Executive Chairperson and Chairperson.
          (3) Additional administrative authorities.--
                  (A) Interagency funding.--Notwithstanding 
                section 1532 of title 31, United States Code, 
                or any other provision of law prohibiting the 
                interagency funding of activities described 
                under subclause (I), (II), or (III) of clause 
                (i), in the performance of the 
                responsibilities, authorities, and duties of 
                the Council--
                          (i) the Executive Chairperson may 
                        authorize the use of interagency 
                        funding for--
                                  (I) Governmentwide training 
                                of employees of the Offices of 
                                the Inspectors General;
                                  (II) the functions of the 
                                Integrity Committee of the 
                                Council; and
                                  (III) any other authorized 
                                purpose determined by the 
                                Council; and
                          (ii) upon the authorization of the 
                        Executive Chairperson, any department, 
                        agency, or entity of the executive 
                        branch which has a member on the 
                        Council shall fund or participate in 
                        the funding of such activities.
                  (B) Revolving fund.--
                          (i) In general.--The Council may--
                                  (I) establish in the Treasury 
                                of the United States a 
                                revolving fund to be called the 
                                Inspectors General Council 
                                Fund; or
                                  (II) enter into an 
                                arrangement with a department 
                                or agency to use an existing 
                                revolving fund.
                          (ii) Amounts in revolving fund.--
                                  (I) In general.--Amounts 
                                transferred to the Council 
                                under this subsection shall be 
                                deposited in the revolving fund 
                                described under clause (i)(I) 
                                or (II).
                                  (II) Training.--Any remaining 
                                unexpended balances 
                                appropriated for or otherwise 
                                available to the Inspectors 
                                General Criminal Investigator 
                                Academy and the Inspectors 
                                General Auditor Training 
                                Institute shall be transferred 
                                to the revolving fund described 
                                under clause (i)(I) or (II).
                          (iii) Use of revolving fund.--
                                  (I) In general.--Except as 
                                provided under subclause (II), 
                                amounts in the revolving fund 
                                described under clause (i)(I) 
                                or (II) may be used to carry 
                                out the functions and duties of 
                                the Council under this 
                                subsection.
                                  (II) Training.--Amounts 
                                transferred into the revolving 
                                fund described under clause 
                                (i)(I) or (II) may be used for 
                                the purpose of maintaining any 
                                training academy as determined 
                                by the Council.
                          (iv) Availability of funds.--Amounts 
                        in the revolving fund described under 
                        clause (i)(I) or (II) shall remain 
                        available to the Council without fiscal 
                        year limitation.
                  (C) Superseding provisions.--No provision of 
                law enacted after the date of enactment of this 
                subsection shall be construed to limit or 
                supersede any authority under subparagraph (A) 
                or (B), unless such provision makes specific 
                reference to the authority in that paragraph.
          (4) Existing authorities and responsibilities.--The 
        establishment and operation of the Council shall not 
        affect--
                  (A) the role of the Department of Justice in 
                law enforcement and litigation;
                  (B) the authority or responsibilities of any 
                Government agency or entity; and
                  (C) the authority or responsibilities of 
                individual members of the Council.
  (d) Integrity Committee.--
          (1) Establishment.--The Council shall have an 
        Integrity Committee, which shall receive, review, and 
        refer for investigation allegations of wrongdoing that 
        are made against Inspectors General and staff members 
        of the various Offices of Inspector General described 
        under paragraph (4)(C).
          (2) Membership.--The Integrity Committee shall 
        consist of the following members:
                  (A) The official of the Federal Bureau of 
                Investigation serving on the Council, who shall 
                serve as Chairperson of the Integrity 
                Committee, and maintain the records of the 
                Committee.
                  (B) Four Inspectors General described in 
                subparagraph (A) or (B) of subsection (b)(1) 
                appointed by the Chairperson of the Council, 
                representing both establishments and designated 
                Federal entities (as that term is defined in 
                section 8G(a)).
                  (C) The Special Counsel of the Office of 
                Special Counsel.
                  (D) The Director of the Office of Government 
                Ethics.
          (3) Legal advisor.--The Chief of the Public Integrity 
        Section of the Criminal Division of the Department of 
        Justice, or his designee, shall serve as a legal 
        advisor to the Integrity Committee.
          (4) Referral of allegations.--
                  (A) Requirement.--An Inspector General shall 
                refer to the Integrity Committee any allegation 
                of wrongdoing against a staff member of the 
                office of that Inspector General, if--
                          (i) review of the substance of the 
                        allegation cannot be assigned to an 
                        agency of the executive branch with 
                        appropriate jurisdiction over the 
                        matter; and
                          (ii) the Inspector General determines 
                        that--
                                  (I) an objective internal 
                                investigation of the allegation 
                                is not feasible; or
                                  (II) an internal 
                                investigation of the allegation 
                                may appear not to be objective.
                  (B) Definition.--In this paragraph the term 
                ``staff member'' means any employee of an 
                Office of Inspector General who--
                          (i) reports directly to an Inspector 
                        General; or
                          (ii) is designated by an Inspector 
                        General under subparagraph (C).
                  (C) Designation of staff members.--Each 
                Inspector General shall annually submit to the 
                Chairperson of the Integrity Committee a 
                designation of positions whose holders are 
                staff members for purposes of subparagraph (B).
          (5) Review of allegations.--The Integrity Committee 
        shall--
                  (A) review all allegations of wrongdoing the 
                Integrity Committee receives against an 
                Inspector General, or against a staff member of 
                an Office of Inspector General described under 
                paragraph (4)(C);
                  (B) refer any allegation of wrongdoing to the 
                agency of the executive branch with appropriate 
                jurisdiction over the matter; and
                  (C) refer to the Chairperson of the Integrity 
                Committee any allegation of wrongdoing 
                determined by the Integrity Committee under 
                subparagraph (A) to be potentially meritorious 
                that cannot be referred to an agency under 
                subparagraph (B).
          (6) Authority to investigate allegations.--
                  (A) Requirement.--The Chairperson of the 
                Integrity Committee shall cause a thorough and 
                timely investigation of each allegation 
                referred under paragraph (5)(C) to be conducted 
                in accordance with this paragraph.
                  (B) Resources.--At the request of the 
                Chairperson of the Integrity Committee, the 
                head of each agency or entity represented on 
                the Council--
                          (i) may provide resources necessary 
                        to the Integrity Committee; and
                          (ii) may detail employees from that 
                        agency or entity to the Integrity 
                        Committee, subject to the control and 
                        direction of the Chairperson, to 
                        conduct an investigation under this 
                        subsection.
          (7) Procedures for investigations.--
                  (A) Standards applicable.--Investigations 
                initiated under this subsection shall be 
                conducted in accordance with the most current 
                Quality Standards for Investigations issued by 
                the Council or by its predecessors (the 
                President's Council on Integrity and Efficiency 
                and the Executive Council on Integrity and 
                Efficiency).
                  (B) Additional policies and procedures.--
                          (i) Establishment.--The Integrity 
                        Committee, in conjunction with the 
                        Chairperson of the Council, shall 
                        establish additional policies and 
                        procedures necessary to ensure fairness 
                        and consistency in--
                                  (I) determining whether to 
                                initiate an investigation;
                                  (II) conducting 
                                investigations;
                                  (III) reporting the results 
                                of an investigation; and
                                  (IV) providing the person who 
                                is the subject of an 
                                investigation with an 
                                opportunity to respond to any 
                                Integrity Committee report.
                          (ii) Submission to congress.--The 
                        Council shall submit a copy of the 
                        policies and procedures established 
                        under clause (i) to the congressional 
                        committees of jurisdiction.
                  (C) Reports.--
                          (i) Potentially meritorious 
                        allegations.--For allegations described 
                        under paragraph (5)(C), the Chairperson 
                        of the Integrity Committee shall make a 
                        report containing the results of the 
                        investigation of the Chairperson and 
                        shall provide such report to members of 
                        the Integrity Committee.
                          (ii) Allegations of wrongdoing.--For 
                        allegations referred to an agency under 
                        paragraph (5)(B), the head of that 
                        agency shall make a report containing 
                        the results of the investigation and 
                        shall provide such report to members of 
                        the Integrity Committee.
          (8) Assessment and final disposition.--
                  (A) In general.--With respect to any report 
                received under paragraph (7)(C), the Integrity 
                Committee shall--
                          (i) assess the report;
                          (ii) forward the report, with the 
                        recommendations of the Integrity 
                        Committee, including those on 
                        disciplinary action, within 30 days (to 
                        the maximum extent practicable) after 
                        the completion of the investigation, to 
                        the Executive Chairperson of the 
                        Council and to the President (in the 
                        case of a report relating to an 
                        Inspector General of an establishment 
                        or any employee of that Inspector 
                        General) or the head of a designated 
                        Federal entity (in the case of a report 
                        relating to an Inspector General of 
                        such an entity or any employee of that 
                        Inspector General) for resolution; and
                          (iii) submit to the Committee on 
                        Government Oversight and Reform of the 
                        House of Representatives, the Committee 
                        on Homeland Security and Governmental 
                        Affairs of the Senate, and other 
                        congressional committees of 
                        jurisdiction an executive summary of 
                        such report and recommendations within 
                        30 days after the submission of such 
                        report to the Executive Chairperson 
                        under clause (ii).
                  (B) Disposition.--The Executive Chairperson 
                of the Council shall report to the Integrity 
                Committee the final disposition of the matter, 
                including what action was taken by the 
                President or agency head.
          (9) Annual report.--The Council shall submit to 
        Congress and the President by December 31 of each year 
        a report on the activities of the Integrity Committee 
        during the preceding fiscal year, which shall include 
        the following:
                  (A) The number of allegations received.
                  (B) The number of allegations referred to 
                other agencies, including the number of 
                allegations referred for criminal 
                investigation.
                  (C) The number of allegations referred to the 
                Chairperson of the Integrity Committee for 
                investigation.
                  (D) The number of allegations closed without 
                referral.
                  (E) The date each allegation was received and 
                the date each allegation was finally disposed 
                of.
                  (F) In the case of allegations referred to 
                the Chairperson of the Integrity Committee, a 
                summary of the status of the investigation of 
                the allegations and, in the case of 
                investigations completed during the preceding 
                fiscal year, a summary of the findings of the 
                investigations.
                  (G) Other matters that the Council considers 
                appropriate.
          (10) Requests for more information.--With respect to 
        paragraphs (8) and (9), the Council shall provide more 
        detailed information about specific allegations upon 
        request from any of the following:
                  (A) The chairperson or ranking member of the 
                Committee on Homeland Security and Governmental 
                Affairs of the Senate.
                  (B) The chairperson or ranking member of the 
                Committee on Oversight and Government Reform of 
                the House of Representatives.
                  (C) The chairperson or ranking member of the 
                congressional committees of jurisdiction.
          (11) No right or benefit.--This subsection is not 
        intended to create any right or benefit, substantive or 
        procedural, enforceable at law by a person against the 
        United States, its agencies, its officers, or any 
        person.

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                              ----------                              


CENTRAL INTELLIGENCE AGENCY ACT OF 1949

           *       *       *       *       *       *       *


SEC. 17. INSPECTOR GENERAL FOR THE AGENCY.

  (a) Purpose; Establishment.--In order to--
          (1) create an objective and effective office, 
        appropriately accountable to Congress, to initiate and 
        conduct independently inspections, investigations, and 
        audits relating to programs and operations of the 
        Agency;
          (2) provide leadership and recommend policies 
        designed to promote economy, efficiency, and 
        effectiveness in the administration of such programs 
        and operations, and detect fraud and abuse in such 
        programs and operations;
          (3) provide a means for keeping the Director fully 
        and currently informed about problems and deficiencies 
        relating to the administration of such programs and 
        operations, and the necessity for and the progress of 
        corrective actions; and
          (4) in the manner prescribed by this section, ensure 
        that the Senate Select Committee on Intelligence and 
        the House Permanent Select Committee on Intelligence 
        (hereafter in this section referred to collectively as 
        the ``intelligence committees'') are kept similarly 
        informed of significant problems and deficiencies as 
        well as the necessity for and the progress of 
        corrective actions,
there is hereby established in the Agency an Office of 
Inspector General (hereafter in this section referred to as the 
``Office'').
  (b) Appointment; Supervision; Removal.--(1) There shall be at 
the head of the Office an Inspector General who shall be 
appointed by the President, by and with the advice and consent 
of the Senate. This appointment shall be made without regard to 
political affiliation and shall be on the basis of integrity 
and demonstrated ability in accounting, auditing, financial 
analysis, law, management analysis, public administration, or 
investigation. Such appointment shall also be made on the basis 
of compliance with the security standards of the Agency and 
prior experience in the field of foreign intelligence.
  (2) The Inspector General shall report directly to and be 
under the general supervision of the Director.
  (3) The Director may prohibit the Inspector General from 
initiating, carrying out, or completing any audit, inspection, 
or investigation if the Director determines that such 
prohibition is necessary to protect vital national security 
interests of the United States.
  (4) If the Director exercises any power under paragraph (3), 
he shall submit an appropriately classified statement of the 
reasons for the exercise of such power within seven days to the 
intelligence committees. The Director shall advise the 
Inspector General at the time such report is submitted, and, to 
the extent consistent with the protection of intelligence 
sources and methods, provide the Inspector General with a copy 
of any such report. In such cases, the Inspector General may 
submit such comments to the intelligence committees that he 
considers appropriate.
  (5) In accordance with section 535 of title 28, United States 
Code, the Inspector General shall report to the Attorney 
General any information, allegation, or complaint received by 
the Inspector General relating to violations of Federal 
criminal law that involve a program or operation of the Agency, 
consistent with such guidelines as may be issued by the 
Attorney General pursuant to subsection (b)(2) of such section. 
A copy of all such reports shall be furnished to the Director.
  (6) The Inspector General may be removed from office only by 
the President. The President shall communicate in writing to 
the intelligence committees the reasons for any such removal 
not later than 30 days prior to the effective date of such 
removal. Nothing in this paragraph shall be construed to 
prohibit a personnel action otherwise authorized by law, other 
than transfer or removal.
  (c) Duties and Responsibilities.--It shall be the duty and 
responsibility of the Inspector General appointed under this 
section--
          (1) to provide policy direction for, and to plan, 
        conduct, supervise, and coordinate independently, the 
        inspections, investigations, and audits relating to the 
        programs and operations of the Agency to ensure they 
        are conducted efficiently and in accordance with 
        applicable law and regulations;
          (2) to keep the Director fully and currently informed 
        concerning violations of law and regulations, fraud and 
        other serious problems, abuses and deficiencies that 
        may occur in such programs and operations, and to 
        report the progress made in implementing corrective 
        action;
          (3) to take due regard for the protection of 
        intelligence sources and methods in the preparation of 
        all reports issued by the Office, and, to the extent 
        consistent with the purpose and objective of such 
        reports, take such measures as may be appropriate to 
        minimize the disclosure of intelligence sources and 
        methods described in such reports; and
          (4) in the execution of his responsibilities, to 
        comply with generally accepted government auditing 
        standards.
  (d) Semiannual Reports; Immediate Reports of Serious or 
Flagrant Problems; Reports of Functional Problems; Reports to 
Congress on Urgent Concerns.--(1) The Inspector General shall, 
not later than October 31 and April 30 of each year, prepare 
and submit to the Director a classified semiannual report 
summarizing the activities of the Office during the immediately 
preceding six-month periods ending September 30 and March 31, 
respectively. Not later than 30 days after the date of the 
receipt of such reports, the Director shall transmit such 
reports to the intelligence committees with any comments he may 
deem appropriate. Such reports shall, at a minimum, include a 
list of the title or subject of each inspection, investigation, 
review, or audit conducted during the reporting period and--
          (A) a description of significant problems, abuses, 
        and deficiencies relating to the administration of 
        programs and operations of the Agency identified by the 
        Office during the reporting period;
          (B) a description of the recommendations for 
        corrective action made by the Office during the 
        reporting period with respect to significant problems, 
        abuses, or deficiencies identified in subparagraph (A);
          (C) a statement of whether corrective action has been 
        completed on each significant recommendation described 
        in previous semiannual reports, and, in a case where 
        corrective action has been completed, a description of 
        such corrective action;
          (D) a certification that the Inspector General has 
        had full and direct access to all information relevant 
        to the performance of his functions;
          (E) a description of the exercise of the subpoena 
        authority under subsection (e)(5) by the Inspector 
        General during the reporting period; and
          (F) such recommendations as the Inspector General may 
        wish to make concerning legislation to promote economy 
        and efficiency in the administration of programs and 
        operations undertaken by the Agency, and to detect and 
        eliminate fraud and abuse in such programs and 
        operations.
  (2) The Inspector General shall report immediately to the 
Director whenever he becomes aware of particularly serious or 
flagrant problems, abuses, or deficiencies relating to the 
administration of programs or operations. The Director shall 
transmit such report to the intelligence committees within 
seven calendar days, together with any comments he considers 
appropriate.
  (3) In the event that--
          (A) the Inspector General is unable to resolve any 
        differences with the Director affecting the execution 
        of the Inspector General's duties or responsibilities;
          (B) an investigation, inspection, or audit carried 
        out by the Inspector General should focus on any 
        current or former Agency official who--
                  (i) holds or held a position in the Agency 
                that is subject to appointment by the 
                President, by and with the advice and consent 
                of the Senate, including such a position held 
                on an acting basis; or
                  (ii) holds or held the position in the 
                Agency, including such a position held on an 
                acting basis, of--
                          (I) Deputy Director;
                          (II) Associate Deputy Director;
                          (III) Director of the National 
                        Clandestine Service;
                          (IV) Director of Intelligence;
                          (V) Director of Support; or
                          (VI) Director of Science and 
                        Technology.
          (C) a matter requires a report by the Inspector 
        General to the Department of Justice on possible 
        criminal conduct by a current or former Agency official 
        described or referred to in subparagraph (B);
          (D) the Inspector General receives notice from the 
        Department of Justice declining or approving 
        prosecution of possible criminal conduct of any of the 
        officials described in subparagraph (B); or
          (E) the Inspector General, after exhausting all 
        possible alternatives, is unable to obtain significant 
        documentary information in the course of an 
        investigation, inspection, or audit,
the Inspector General shall immediately notify and submit a 
report on such matter to the intelligence committees.
  (4) Pursuant to Title V of the National Security Act of 1947, 
the Director shall submit to the intelligence committees any 
report or findings and recommendations of an inspection, 
investigation, or audit conducted by the office which has been 
requested by the Chairman or Ranking Minority Member of either 
committee.
  (5)(A) An employee of the Agency, or of a contractor to the 
Agency, who intends to report to Congress a complaint or 
information with respect to an urgent concern may report such 
complaint or information to the Inspector General.
  (B)(i) Not later than the end of the 14-calendar day period 
beginning on the date of receipt from an employee of a 
complaint or information under subparagraph (A), the Inspector 
General shall determine whether the complaint or information 
appears credible. Upon making such a determination, the 
Inspector General shall transmit to the Director notice of that 
determination, together with the complaint or information.
  (ii) If the Director determines that a complaint or 
information transmitted under paragraph (1) would create a 
conflict of interest for the Director, the Director shall 
return the complaint or information to the Inspector General 
with that determination and the Inspector General shall make 
the transmission to the Director of National Intelligence. In 
such a case, the requirements of this subsection for the 
Director of the Central Intelligence Agency apply to the 
Director of National Intelligence
  (C) Upon receipt of a transmittal from the Inspector General 
under subparagraph (B), the Director shall, within 7 calendar 
days of such receipt, forward such transmittal to the 
intelligence committees, together with any comments the 
Director considers appropriate.
  (D)(i) If the Inspector General does not find credible under 
subparagraph (B) a complaint or information submitted under 
subparagraph (A), or does not transmit the complaint or 
information to the Director in accurate form under subparagraph 
(B), the employee (subject to clause (ii)) may submit the 
complaint or information to Congress by contacting either or 
both of the intelligence committees directly.
  (ii) The employee may contact the intelligence committees 
directly as described in clause (i) only if the employee--
          (I) before making such a contact, furnishes to the 
        Director, through the Inspector General, a statement of 
        the employee's complaint or information and notice of 
        the employee's intent to contact the intelligence 
        committees directly; and
          (II) obtains and follows from the Director, through 
        the Inspector General, direction on how to contact the 
        intelligence committees in accordance with appropriate 
        security practices.
  (iii) A member or employee of one of the intelligence 
committees who receives a complaint or information under clause 
(i) does so in that member or employee's official capacity as a 
member or employee of that committee.
  (E) The Inspector General shall notify an employee who 
reports a complaint or information to the Inspector General 
under this paragraph of each action taken under this paragraph 
with respect to the complaint or information. Such notice shall 
be provided not later than 3 days after any such action is 
taken.
  (F) An action taken by the Director or the Inspector General 
under this paragraph shall not be subject to judicial review.
  (G) In this paragraph:
          (i) The term ``urgent concern'' means any of the 
        following:
                  (I) A serious or flagrant problem, abuse, 
                violation of law or Executive order, or 
                deficiency relating to the funding, 
                administration, or operations of an 
                intelligence activity involving classified 
                information, but does not include differences 
                of opinions concerning public policy matters.
                  (II) A false statement to Congress, or a 
                willful withholding from Congress, on an issue 
                of material fact relating to the funding, 
                administration, or operation of an intelligence 
                activity.
                  (III) An action, including a personnel action 
                described in section 2302(a)(2)(A) of title 5, 
                United States Code, constituting reprisal or 
                threat of reprisal prohibited under subsection 
                (e)(3)(B) in response to an employee's 
                reporting an urgent concern in accordance with 
                this paragraph.
          (ii) The term ``intelligence committees'' means the 
        Permanent Select Committee on Intelligence of the House 
        of Representatives and the Select Committee on 
        Intelligence of the Senate.
  (H) An individual who has submitted a complaint or 
information to the Inspector General under this section may 
notify any member of the Permanent Select Committee on 
Intelligence of the House of Representatives or the Select 
Committee on Intelligence of the Senate, or a staff member of 
either such Committee, of the fact that such individual has 
made a submission to the Inspector General, and of the date on 
which such submission was made.
  (e) Authorities of the Inspector General.--(1) The Inspector 
General shall have direct and prompt access to the Director 
when necessary for any purpose pertaining to the performance of 
his duties.
  (2) The Inspector General shall have access to any employee 
or any employee of a contractor of the Agency whose testimony 
is needed for the performance of his duties. In addition, he 
shall have direct access to all records, reports, audits, 
reviews, documents, papers, recommendations, or other material 
which relate to the programs and operations with respect to 
which the Inspector General has responsibilities under this 
section. Failure on the part of any employee or contractor to 
cooperate with the Inspector General shall be grounds for 
appropriate administrative actions by the Director, to include 
loss of employment or the termination of an existing 
contractual relationship.
  (3) The Inspector General is authorized to receive and 
investigate complaints or information from any person 
concerning the existence of an activity constituting a 
violation of laws, rules, or regulations, or mismanagement, 
gross waste of funds, abuse of authority, or a substantial and 
specific danger to the public health and safety. Once such 
complaint or information has been received from an employee of 
the Agency--
          (A) the Inspector General shall not disclose the 
        identity of the employee without the consent of the 
        employee, unless the Inspector General determines that 
        such disclosure is unavoidable during the course of the 
        investigation or the disclosure is made to an official 
        of the Department of Justice responsible for 
        determining whether a prosecution should be undertaken; 
        and
          (B) no action constituting a reprisal, or threat of 
        reprisal, for making such complaint or providing such 
        information may be taken by any employee of the Agency 
        in a position to take such actions, unless the 
        complaint was made or the information was disclosed 
        with the knowledge that it was false or with willful 
        disregard for its truth or falsity.
  (4) The Inspector General shall have authority to administer 
to or take from any person an oath, affirmation, or affidavit, 
whenever necessary in the performance of his duties, which oath 
affirmation, or affidavit when administered or taken by or 
before an employee of the Office designated by the Inspector 
General shall have the same force and effect as if administered 
or taken by or before an officer having a seal.
  (5)(A) Except as provided in subparagraph (B), the Inspector 
General is authorized to require by subpoena the production of 
all information, documents, reports, answers, records, 
accounts, papers, and other data in any medium (including 
electronically stored information or any tangible thing) and 
documentary evidence necessary in the performance of the duties 
and responsibilities of the Inspector General.
  (B) In the case of Government agencies, the Inspector General 
shall obtain information, documents, reports, answers, records, 
accounts, papers, and other data and evidence for the purpose 
specified in subparagraph (A) using procedures other than by 
subpoenas.
  (C) The Inspector General may not issue a subpoena for or on 
behalf of any other element or component of the Agency.
  (D) In the case of contumacy or refusal to obey a subpoena 
issued under this paragraph, the subpoena shall be enforceable 
by order of any appropriate district court of the United 
States.
  (6) The Inspector General shall be provided with appropriate 
and adequate office space at central and field office 
locations, together with such equipment, office supplies, 
maintenance services, and communications facilities and 
services as may be necessary for the operation of such offices.
  (7) (A) Subject to applicable law and the policies of the 
Director, the Inspector General shall select, appoint and 
employ such officers and employees as may be necessary to carry 
out his functions. In making such selections, the Inspector 
General shall ensure that such officers and employees have the 
requisite training and experience to enable him to carry out 
his duties effectively. In this regard, the Inspector General 
shall create within his organization a career cadre of 
sufficient size to provide appropriate continuity and 
objectivity needed for the effective performance of his duties.
  (B) Consistent with budgetary and personnel resources 
allocated by the Director, the Inspector General has final 
approval of--
          (i) the selection of internal and external candidates 
        for employment with the Office of Inspector General; 
        and
          (ii) all other personnel decisions concerning 
        personnel permanently assigned to the Office of 
        Inspector General, including selection and appointment 
        to the Senior Intelligence Service, but excluding all 
        security-based determinations that are not within the 
        authority of a head of other Central Intelligence 
        Agency offices.
  (8)(A) The Inspector General shall--
          (i) appoint a Counsel to the Inspector General who 
        shall report to the Inspector General; or
          (ii) obtain the services of a counsel appointed by 
        and directly reporting to another Inspector General or 
        the Council of the Inspectors General on Integrity and 
        Efficiency on a reimbursable basis.
  (B) The counsel appointed or obtained under subparagraph (A) 
shall perform such functions as the Inspector General may 
prescribe.
  [(9) The Inspector General may request such information or 
assistance as may be necessary for carrying out his duties and 
responsibilities from any Government agency. Upon request of 
the Inspector General for such information or assistance, the 
head of the Government agency involved shall, insofar as is 
practicable and not in contravention of any existing statutory 
restriction or regulation of the Government agency concerned, 
furnish to the Inspector General, or to an authorized designee, 
such information or assistance. Consistent with budgetary and 
personnel resources allocated by the Director, the Inspector 
General has final approval of--
          [(A) the selection of internal and external 
        candidates for employment with the Office of Inspector 
        General; and
          [(B) all other personnel decisions concerning 
        personnel permanently assigned to the Office of 
        Inspector General, including selection and appointment 
        to the Senior Intelligence Service, but excluding all 
        security-based determinations that are not within the 
        authority of a head of other Central Intelligence 
        Agency offices.]
  (9)(A) The Inspector General may request such information or 
assistance as may be necessary for carrying out the duties and 
responsibilities of the Inspector General provided by this 
section from any Federal, State, or local governmental agency 
or unit thereof.
  (B) Upon request of the Inspector General for information or 
assistance from a department or agency of the Federal 
Government, the head of the department or agency involved, 
insofar as practicable and not in contravention of any existing 
statutory restriction or regulation of such department or 
agency, shall furnish to the Inspector General, or to an 
authorized designee, such information or assistance.
  (C) Nothing in this paragraph may be construed to provide any 
new authority to the Central Intelligence Agency to conduct 
intelligence activity in the United States.
  (D) In this paragraph, the term ``State'' means each of the 
several States, the District of Columbia, the Commonwealth of 
Puerto Rico, the Commonwealth of the Northern Mariana Islands, 
and any territory or possession of the United States.
  (f) Separate Budget Account.--(1) Beginning with fiscal year 
1991, and in accordance with procedures to be issued by the 
Director of National Intelligence in consultation with the 
intelligence committees, the Director of National Intelligence 
shall include in the National Intelligence Program budget a 
separate account for the Office of Inspector General 
established pursuant to this section.
  (2) For each fiscal year, the Inspector General shall 
transmit a budget estimate and request through the Director to 
the Director of National Intelligence that specifies for such 
fiscal year--
          (A) the aggregate amount requested for the operations 
        of the Inspector General;
          (B) the amount requested for all training 
        requirements of the Inspector General, including a 
        certification from the Inspector General that the 
        amount requested is sufficient to fund all training 
        requirements for the Office; and
          (C) the amount requested to support the Council of 
        the Inspectors General on Integrity and Efficiency, 
        including a justification for such amount.
  (3) In transmitting a proposed budget to the President for a 
fiscal year, the Director of National Intelligence shall 
include for such fiscal year--
          (A) the aggregate amount requested for the Inspector 
        General of the Central Intelligence Agency;
          (B) the amount requested for Inspector General 
        training;
          (C) the amount requested to support the Council of 
        the Inspectors General on Integrity and Efficiency; and
          (D) the comments of the Inspector General, if any, 
        with respect to such proposed budget.
  (4) The Director of National Intelligence shall submit to the 
Committee on Appropriations and the Select Committee on 
Intelligence of the Senate and the Committee on Appropriations 
and the Permanent Select Committee on Intelligence of the House 
of Representatives for each fiscal year--
          (A) a separate statement of the budget estimate 
        transmitted pursuant to paragraph (2);
          (B) the amount requested by the Director of National 
        Intelligence for the Inspector General pursuant to 
        paragraph (3)(A);
          (C) the amount requested by the Director of National 
        Intelligence for training of personnel of the Office of 
        the Inspector General pursuant to paragraph (3)(B);
          (D) the amount requested by the Director of National 
        Intelligence for support for the Council of the 
        Inspectors General on Integrity and Efficiency pursuant 
        to paragraph (3)(C); and
          (E) the comments of the Inspector General under 
        paragraph (3)(D), if any, on the amounts requested 
        pursuant to paragraph (3), including whether such 
        amounts would substantially inhibit the Inspector 
        General from performing the duties of the Office.
  (g) Transfer.--There shall be transferred to the Office the 
office of the Agency referred to as the ``Office of Inspector 
General.'' The personnel, assets, liabilities, contracts, 
property, records, and unexpended balances of appropriations, 
authorizations, allocations, and other funds employed, held, 
used, arising from, or available to such ``Office of Inspector 
General'' are hereby transferred to the Office established 
pursuant to this section.
  (h) Information on Website.--(1) The Director of the Central 
Intelligence Agency shall establish and maintain on the 
homepage of the Agency's publicly accessible website 
information relating to the Office of the Inspector General 
including methods to contact the Inspector General.
  (2) The information referred to in paragraph (1) shall be 
obvious and facilitate accessibility to the information related 
to the Office of the Inspector General.

           *       *       *       *       *       *       *

                              ----------                              


INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2010

           *       *       *       *       *       *       *


TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

           *       *       *       *       *       *       *


Subtitle D--Congressional Oversight, Plans, and Reports

           *       *       *       *       *       *       *


SEC. 348. INFORMATION ACCESS BY THE COMPTROLLER GENERAL OF THE UNITED 
                    STATES.

  (a) DNI Directive Governing Access.--
          (1) Requirement for directive.--The Director of 
        National Intelligence, in consultation with the 
        Comptroller General of the United States, shall issue a 
        written directive governing the access of the 
        Comptroller General to information in the possession of 
        an element of the intelligence community.
          (2) Amendment to directive.--The Director of National 
        Intelligence, in consultation with the Comptroller 
        General, may issue an amendment to the directive issued 
        under paragraph (1) at any time the Director determines 
        such an amendment is appropriate.
          (3) Relationship to other laws.--The directive issued 
        under paragraph (1) and any amendment to such directive 
        issued under paragraph (2) shall be consistent with the 
        provisions of--
                  (A) chapter 7 of title 31, United States 
                Code; and
                  (B) the National Security Act of 1947 (50 
                U.S.C. 401 et seq.).
          (4) Requests by certain congressional committees.--
        Consistent with the protection of classified 
        information, the directive issued under paragraph (1) 
        shall not prohibit the Comptroller General from 
        obtaining information necessary to carry out the 
        following audits or reviews:
                  (A) An audit or review carried out--
                          (i) at the request of the 
                        congressional intelligence committees; 
                        or
                          (ii) pursuant to--
                                  (I) an intelligence 
                                authorization Act;
                                  (II) a committee report or 
                                joint explanatory statement 
                                accompanying an intelligence 
                                authorization Act; or
                                  (III) a classified annex to a 
                                committee report or joint 
                                explanatory statement 
                                accompanying an intelligence 
                                authorization Act.
                  (B) An audit or review pertaining to 
                intelligence activities of the Department of 
                Defense carried out--
                          (i) at the request of the 
                        congressional defense committees (as 
                        defined in section 101(a)(16) of title 
                        10, United States Code); or
                          (ii) pursuant to a national defense 
                        authorization Act.
  (b) Confidentiality of Information.--
          (1) Requirement for confidentiality.--The Comptroller 
        General of the United States shall ensure that the 
        level of confidentiality of information made available 
        to the Comptroller General pursuant to the directive 
        issued under subsection (a)(1) or an amendment to such 
        directive issued under subsection (a)(2) is not less 
        than the level of confidentiality of such information 
        required of the head of the element of the intelligence 
        community from which such information was obtained.
          (2) Penalties for unauthorized disclosure.--An 
        officer or employee of the Government Accountability 
        Office shall be subject to the same statutory penalties 
        for unauthorized disclosure or use of such information 
        as an officer or employee of the element of the 
        intelligence community from which such information was 
        obtained.
  (c) Submission to Congress.--
          (1) Submission of directive.--The directive issued 
        under subsection (a)(1) shall be submitted to Congress 
        by the Director of National Intelligence, together with 
        any comments of the Comptroller General of the United 
        States, no later than May 1, 2011.
          (2) Submission of amendment.--Any amendment to such 
        directive issued under subsection (a)(2) shall be 
        submitted to Congress by the Director, together with 
        any comments of the Comptroller General.
  (d) Effective Date.--The directive issued under subsection 
(a)(1) and any amendment to such directive issued under 
subsection (a)(2) shall take effect 60 days after the date such 
directive or amendment is submitted to Congress under 
subsection (c), unless the Director determines that for reasons 
of national security the directive or amendment should take 
effect sooner.

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                              ----------                              


HOMELAND SECURITY ACT OF 2002

           *       *       *       *       *       *       *


TITLE XX--HOMELAND SECURITY GRANTS

           *       *       *       *       *       *       *


Subtitle A--Grants to States and High-Risk Urban Areas

           *       *       *       *       *       *       *


SEC. 2008. USE OF FUNDS.

  (a) Permitted Uses.--The Administrator shall permit the 
recipient of a grant under section 2003 or 2004 to use grant 
funds to achieve target capabilities related to preventing, 
preparing for, protecting against, and responding to acts of 
terrorism, consistent with a State homeland security plan and 
relevant local, tribal, and regional homeland security plans, 
including by working in conjunction with a National Laboratory 
(as defined in section 2(3) of the Energy Policy Act of 2005 
(42 U.S.C. 15801(3)), through--
          (1) developing and enhancing homeland security, 
        emergency management, or other relevant plans, 
        assessments, or mutual aid agreements;
          (2) designing, conducting, and evaluating training 
        and exercises, including training and exercises 
        conducted under section 512 of this Act and section 648 
        of the Post-Katrina Emergency Management Reform Act of 
        2006 (6 U.S.C. 748);
          (3) protecting a system or asset included on the 
        prioritized critical infrastructure list established 
        under section 210E(a)(2);
          (4) purchasing, upgrading, storing, or maintaining 
        equipment, including computer hardware and software;
          (5) ensuring operability and achieving 
        interoperability of emergency communications;
          (6) responding to an increase in the threat level 
        under the Homeland Security Advisory System, or to the 
        needs resulting from a National Special Security Event;
          (7) establishing, enhancing, and staffing with 
        appropriately qualified personnel State, local, and 
        regional fusion centers that comply with the guidelines 
        established under section 210A(i);
          (8) enhancing school preparedness;
          (9) supporting public safety answering points;
          (10) paying salaries and benefits for personnel, 
        including individuals employed by the grant recipient 
        on the date of the relevant grant application, to serve 
        as qualified intelligence analysts, regardless of 
        whether such analysts are current or new full-time 
        employees or contract employees;
          (11) paying expenses directly related to 
        administration of the grant, except that such expenses 
        may not exceed 3 percent of the amount of the grant;
          (12) any activity permitted under the Fiscal Year 
        2007 Program Guidance of the Department for the State 
        Homeland Security Grant Program, the Urban Area 
        Security Initiative (including activities permitted 
        under the full-time counterterrorism staffing pilot), 
        or the Law Enforcement Terrorism Prevention Program; 
        and
          (13) any other appropriate activity, as determined by 
        the Administrator.
  (b) Limitations on Use of Funds.--
          (1) In general.--Funds provided under section 2003 or 
        2004 may not be used--
                  (A) to supplant State or local funds, except 
                that nothing in this paragraph shall prohibit 
                the use of grant funds provided to a State or 
                high-risk urban area for otherwise permissible 
                uses under subsection (a) on the basis that a 
                State or high-risk urban area has previously 
                used State or local funds to support the same 
                or similar uses; or
                  (B) for any State or local government cost-
                sharing contribution.
          (2) Personnel.--
                  (A) In general.--Not more than 50 percent of 
                the amount awarded to a grant recipient under 
                section 2003 or 2004 in any fiscal year may be 
                used to pay for personnel, including overtime 
                and backfill costs, in support of the permitted 
                uses under subsection (a).
                  (B) Waiver.--At the request of the recipient 
                of a grant under section 2003 or 2004, the 
                Administrator may grant a waiver of the 
                limitation under subparagraph (A).
          (3) Limitations on discretion.--
                  (A) In general.--With respect to the use of 
                amounts awarded to a grant recipient under 
                section 2003 or 2004 for personnel costs in 
                accordance with paragraph (2) of this 
                subsection, the Administrator may not--
                          (i) impose a limit on the amount of 
                        the award that may be used to pay for 
                        personnel, or personnel-related, costs 
                        that is higher or lower than the 
                        percent limit imposed in paragraph 
                        (2)(A); or
                          (ii) impose any additional limitation 
                        on the portion of the funds of a 
                        recipient that may be used for a 
                        specific type, purpose, or category of 
                        personnel, or personnel-related, costs.
                  (B) Analysts.--If amounts awarded to a grant 
                recipient under section 2003 or 2004 are used 
                for paying salary or benefits of a qualified 
                intelligence analyst under subsection (a)(10), 
                the Administrator shall make such amounts 
                available without time limitations placed on 
                the period of time that the analyst can serve 
                under the grant.
          (4) Construction.--
                  (A) In general.--A grant awarded under 
                section 2003 or 2004 may not be used to acquire 
                land or to construct buildings or other 
                physical facilities.
                  (B) Exceptions.--
                          (i) In general.--Notwithstanding 
                        subparagraph (A), nothing in this 
                        paragraph shall prohibit the use of a 
                        grant awarded under section 2003 or 
                        2004 to achieve target capabilities 
                        related to preventing, preparing for, 
                        protecting against, or responding to 
                        acts of terrorism, including through 
                        the alteration or remodeling of 
                        existing buildings for the purpose of 
                        making such buildings secure against 
                        acts of terrorism.
                          (ii) Requirements for exception.--No 
                        grant awarded under section 2003 or 
                        2004 may be used for a purpose 
                        described in clause (i) unless--
                                  (I) specifically approved by 
                                the Administrator;
                                  (II) any construction work 
                                occurs under terms and 
                                conditions consistent with the 
                                requirements under section 
                                611(j)(9) of the Robert T. 
                                Stafford Disaster Relief and 
                                Emergency Assistance Act (42 
                                U.S.C. 5196(j)(9)); and
                                  (III) the amount allocated 
                                for purposes under clause (i) 
                                does not exceed the greater of 
                                $1,000,000 or 15 percent of the 
                                grant award.
          (5) Recreation.--Grants awarded under this subtitle 
        may not be used for recreational or social purposes.
  (c) Multiple-Purpose Funds.--Nothing in this subtitle shall 
be construed to prohibit State, local, or tribal governments 
from using grant funds under sections 2003 and 2004 in a manner 
that enhances preparedness for disasters unrelated to acts of 
terrorism, if such use assists such governments in achieving 
target capabilities related to preventing, preparing for, 
protecting against, or responding to acts of terrorism.
  (d) Reimbursement of Costs.--
          (1) Paid-on-call or volunteer reimbursement.--In 
        addition to the activities described in subsection (a), 
        a grant under section 2003 or 2004 may be used to 
        provide a reasonable stipend to paid-on-call or 
        volunteer emergency response providers who are not 
        otherwise compensated for travel to or participation in 
        training or exercises related to the purposes of this 
        subtitle. Any such reimbursement shall not be 
        considered compensation for purposes of rendering an 
        emergency response provider an employee under the Fair 
        Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
          (2) Performance of federal duty.--An applicant for a 
        grant under section 2003 or 2004 may petition the 
        Administrator to use the funds from its grants under 
        those sections for the reimbursement of the cost of any 
        activity relating to preventing, preparing for, 
        protecting against, or responding to acts of terrorism 
        that is a Federal duty and usually performed by a 
        Federal agency, and that is being performed by a State 
        or local government under agreement with a Federal 
        agency.
  (e) Flexibility in Unspent Homeland Security Grant Funds.--
Upon request by the recipient of a grant under section 2003 or 
2004, the Administrator may authorize the grant recipient to 
transfer all or part of the grant funds from uses specified in 
the grant agreement to other uses authorized under this 
section, if the Administrator determines that such transfer is 
in the interests of homeland security.
  (f) Equipment Standards.--If an applicant for a grant under 
section 2003 or 2004 proposes to upgrade or purchase, with 
assistance provided under that grant, new equipment or systems 
that do not meet or exceed any applicable national voluntary 
consensus standards developed under section 647 of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 747), 
the applicant shall include in its application an explanation 
of why such equipment or systems will serve the needs of the 
applicant better than equipment or systems that meet or exceed 
such standards.

           *       *       *       *       *       *       *

                              ----------                              


TITLE 5, UNITED STATES CODE

           *       *       *       *       *       *       *


PART III--EMPLOYEES

           *       *       *       *       *       *       *


Subpart D--PAY AND ALLOWANCES

           *       *       *       *       *       *       *


CHAPTER 51--CLASSIFICATION

           *       *       *       *       *       *       *


Sec. 5102. Definitions; application

  (a) For the purpose of this chapter--
          (1) ``agency'' means--
                  (A) an Executive agency;
                  (B) the Library of Congress;
                  (C) the Botanic Garden;
                  (D) the Government Publishing Office;
                  (E) the Office of the Architect of the 
                Capitol; and
                  (F) the government of the District of 
                Columbia;
        but does not include--
                  (i) a Government controlled corporation;
                  (ii) the Tennessee Valley Authority;
                  (iii) the Virgin Islands Corporation;
                  (iv) the Atomic Energy Commission;
                  (v) the Central Intelligence Agency;
                  (vi) the National Security Agency, Department 
                of Defense;
                  (vii) the Government Accountability Office; 
                [or]
                  (viii) the Office of the Director of National 
                Intelligence;
                  (ix) the Defense Intelligence Agency, 
                Department of Defense; or
                  (x) the National Geospatial-Intelligence 
                Agency, Department of Defense[.];
          (2) ``employee'' means an individual employed in or 
        under an agency;
          (3) ``position'' means the work, consisting of the 
        duties and responsibilities, assignable to an employee;
          (4) ``class'' or ``class of positions'' includes all 
        positions which are sufficiently similar, as to--
                  (A) kind or subject-matter of work;
                  (B) level of difficulty and responsibility; 
                and
                  (C) the qualification requirements of the 
                work;
        to warrant similar treatment in personnel and pay 
        administration; and
          (5) ``grade'' includes all classes of positions 
        which, although different with respect to kind or 
        subject-matter of work, are sufficiently equivalent as 
        to--
                  (A) level of difficulty and responsibility; 
                and
                  (B) level of qualification requirements of 
                the work;
        to warrant their inclusion within one range of rates of 
        basic pay in the General Schedule.
  (b) Except as provided by subsections (c) and (d) of this 
section, this chapter applies to all civilian positions and 
employees in or under an agency, including positions in local 
boards and appeal boards within the Selective Service System 
and employees occupying those positions.
  (c) This chapter does not apply to--
          (2) members of the Foreign Service whose pay is fixed 
        under the Foreign Service Act of 1980; and positions in 
        or under the Department of State which are--
                  (A) connected with the representation of the 
                United States to international organizations; 
                or
                  (B) specifically exempted by statute from 
                this chapter or other classification or pay 
                statute;
          (3) physicians, dentists, nurses, and other employees 
        in the Veterans Health Administration of the Department 
        of Veterans Affairs whose pay is fixed under chapter 73 
        of title 38;
          (4) teachers, school officials, and employees of the 
        Board of Education of the District of Columbia whose 
        pay is fixed under chapter 15 of title 31, District of 
        Columbia Code; the chief judges and the associate 
        judges of the Superior Court of the District of 
        Columbia and the District of Columbia Court of Appeals; 
        and nonjudicial employees of the District of Columbia 
        court system whose pay is fixed under title 11 of the 
        District of Columbia Code;
          (5) members of the Metropolitan Police, the Fire 
        Department of the District of Columbia, the United 
        States Park Police, and the United States Secret 
        Service Uniformed Division; members of the police force 
        of the National Zoological Park whose pay is fixed 
        under section 5375 of this title; and members of the 
        police forces of the Bureau of Engraving and Printing 
        and the United States Mint whose pay is fixed under 
        section 5378 of this title;
          (6) lighthouse keepers and civilian employees on 
        lightships and vessels of the Coast Guard whose pay is 
        fixed under section 432(f) and (g) of title 14;
          (7) employees in recognized trades or crafts, or 
        other skilled mechanical crafts, or in unskilled, 
        semiskilled, or skilled manual-labor occupations, and 
        other employees including foremen and supervisors in 
        positions having trade, craft, or laboring experience 
        and knowledge as the paramount requirement, and 
        employees in the Bureau of Engraving and Printing whose 
        duties are to perform or to direct manual or machine 
        operations requiring special skill or experience, or to 
        perform or direct the counting, examining, sorting, or 
        other verification of the product of manual or machine 
        operations;
          (8) officers and members of crews of vessels;
          (9) employees of the Government Publishing Office 
        whose pay is fixed under section 305 of title 44;
          (10) civilian professors, instructors, and lecturers 
        at a professional military education school (and, in 
        the case of the George C. Marshall European Center for 
        Security Studies, the Director and the Deputy Director) 
        whose pay is fixed under section 1595, 4021, 7478, or 
        9021 of title 10; civilian professors, lecturers, and 
        instructors at the Military Academy, the Naval Academy, 
        and the Air Force Academy whose pay is fixed under 
        sections 4338, 6952, and 9338, respectively, of title 
        10; senior professors, professors, associate and 
        assistant professors, and instructors at the Naval 
        Postgraduate School whose pay is fixed under section 
        7044 of title 10; the Provost and Academic Dean of the 
        Naval Postgraduate School whose pay is fixed under 
        section 7043 of title 10; civilian professors, 
        instructors, and lecturers in the defense acquisition 
        university structure (including the Defense Systems 
        Management College) whose pay is fixed under section 
        1746(b) of title 10;
          (11) aliens or noncitizens of the United States who 
        occupy positions outside the United States;
          (13) employees who serve without pay or at nominal 
        rates of pay;
          (14) employees whose pay is not wholly from 
        appropriated funds of the United States (other than 
        employees of the Federal Retirement Thrift Investment 
        Management System appointed under section 8474(c)(2) of 
        this title), except that with respect to the Veterans' 
        Canteen Service, Department of Veterans Affairs this 
        paragraph applies only to employees necessary for the 
        transaction of the business of the Service at canteens, 
        warehouses, and storage depots whose employment is 
        authorized by section 7802 of title 38;
          (15) employees whose pay is fixed under a cooperative 
        agreement between the United States and--
                  (A) a State or territory or possession of the 
                United States, or political subdivision 
                thereof; or
                  (B) an individual or organization outside the 
                service of the Government of the United States;
          (16) student nurses, medical or dental interns, 
        residents-in-training, student dietitians, student 
        physical therapists, student occupational therapists, 
        and other student employees, assigned or attached to a 
        hospital, clinic, or laboratory primarily for training 
        purposes, whose pay is fixed under subchapter V of 
        chapter 53 of this title or sections 7405 and 7406 of 
        title 38;
          (17) inmates, patients, or beneficiaries receiving 
        care or treatment or living in Government agencies or 
        institutions;
          (18) experts or consultants, when employed 
        temporarily or intermittently in accordance with 
        section 3109 of this title;
          (19) emergency or seasonal employees whose employment 
        is of uncertain or purely temporary duration, or who 
        are employed for brief periods at intervals;
          (20) employees employed on a fee, contract, or piece 
        work basis;
          (21) employees who may lawfully perform their duties 
        concurrently with their private profession, business, 
        or other employment, and whose duties require only a 
        portion of their time, when it is impracticable to 
        ascertain or anticipate the proportion of time devoted 
        to the service of the Government of the United States;
          (22) ``teachers'' and ``teaching positions'' as 
        defined by section 901 of title 20;
          (23) administrative patent judges and designated 
        administrative patent judges in the United States 
        Patent and Trademark Office;
          (24) temporary positions in the Bureau of the Census 
        established under section 23 of title 13, and 
        enumerator positions in the Bureau of the Census;
          (25) positions for which rates of basic pay are 
        individually fixed, or expressly authorized to be 
        fixed, by other statute, at or in excess of the rate 
        for level V of the Executive Schedule;
          (26) civilian members of the faculty of the Coast 
        Guard Academy whose pay is fixed under section 186 of 
        title 14;
          (27) members of the police of the Library of Congress 
        whose pay is fixed under section 167 of title 2;
          (28) civilian members of the faculty of the Air Force 
        Institute of Technology whose pay is fixed under 
        section 9314 of title 10;
          (29) administrative law judges appointed under 
        section 3105; or
          (30) members of agency boards of contract appeals 
        appointed under section 7105(a)(2), (c)(2), or (d)(2) 
        of title 41.
  (d) This chapter does not apply to an employee of the Office 
of the Architect of the Capitol whose pay is fixed by other 
statute. Subsection (c) of this section, except paragraph (7), 
does not apply to the Office of the Architect of the Capitol.
  (e) Except as may be specifically provided, this chapter does 
not apply for pay purposes to any employee of the government of 
the District of Columbia during fiscal year 2006 or any 
succeeding fiscal year.

           *       *       *       *       *       *       *

                              ----------                              


SUPPLEMENTAL APPROPRIATIONS ACT, 2009

           *       *       *       *       *       *       *


TITLE III--DEPARTMENT OF DEFENSE

           *       *       *       *       *       *       *


(INCLUDING TRANSFER OF FUNDS)

           *       *       *       *       *       *       *


  Sec. 319. (a) Reports Required.--Not later than 60 days after 
the date of the enactment of this Act and every 90 days 
thereafter, the President shall submit to the members and 
committees of Congress specified in subsection (b) a report on 
the prisoner population at the detention facility at Naval 
Station Guantanamo Bay, Cuba. The reports may be submitted in 
classified form.
  (b) Specified Members and Committees of Congress.--The 
members and committees of Congress specified in this subsection 
are the following:
          (1) The majority leader and minority leader of the 
        Senate.
          (2) The Chairman and Ranking Member on the Committee 
        on Armed Services of the Senate.
          (3) The Chairman and Vice Chairman of the Select 
        Committee on Intelligence of the Senate.
          (4) The Chairman and Vice Chairman of the Committee 
        on Appropriations of the Senate.
          (5) The Speaker of the House of Representatives.
          (6) The minority leader of the House of 
        Representatives.
          (7) The Chairman and Ranking Member on the Committee 
        on Armed Services of the House of Representatives.
          (8) The Chairman and Vice Chairman of the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives.
          (9) The Chairman and Ranking Member of the Committee 
        on Appropriations of the House of Representatives.
  (c) Matters To Be Included.--Each report submitted under 
subsection (a) shall include the following:
          (1) The name and country of origin of each detainee 
        at the detention facility at Naval Station Guantanamo 
        Bay, Cuba, as of the date of such report.
          (2) A current summary of the evidence, intelligence, 
        and information used to justify the detention of each 
        detainee listed under paragraph (1) at Naval Station 
        Guantanamo Bay.
          (3) A current accounting of all the measures taken to 
        transfer each detainee listed under paragraph (1) to 
        the individual's country of citizenship or another 
        country.
          (4) A current description of the number of 
        individuals released or transferred from detention at 
        Naval Station Guantanamo Bay who are confirmed or 
        suspected of returning to terrorist activities after 
        release or transfer from Naval Station Guantanamo Bay.
          (5) An assessment of any efforts by al Qaeda to 
        recruit detainees released from detention at Naval 
        Station Guantanamo Bay.
          (6) A summary of all contact by any means of 
        communication, including telecommunications, electronic 
        or technical means, in person, written communications, 
        or any other means of communication, regardless of 
        content, between any individual formerly detained at 
        Naval Station, Guantanamo Bay, Cuba, and any individual 
        known or suspected to be associated with a foreign 
        terrorist group.
          (7) A description of whether any of the contact 
        described in the summary required by paragraph (6) 
        included any information or discussion about 
        hostilities against the United States or its allies or 
        partners.
          (8) For each individual described in paragraph (4), 
        the period of time between the date on which the 
        individual was released or transferred from Naval 
        Station, Guantanamo Bay, Cuba, and the date on which it 
        is confirmed that the individual is suspected or 
        confirmed of reengaging in terrorist activities.
          (9) The average period of time described in paragraph 
        (8) for all the individuals described in paragraph (4).
  (d) Additional Matters To Be Included in Initial Report.--The 
first report submitted under subsection (a) shall also include 
the following:
          (1) A description of the process that was previously 
        used for screening the detainees described by 
        subsection (c)(4) prior to their release or transfer 
        from detention at Naval Station Guantanamo Bay, Cuba.
          (2) An assessment of the adequacy of that screening 
        process for reducing the risk that detainees previously 
        released or transferred from Naval Station Guantanamo 
        Bay would return to terrorist activities after release 
        or transfer from Naval Station Guantanamo Bay.
          (3) An assessment of lessons learned from previous 
        releases and transfers of individuals who returned to 
        terrorist activities for reducing the risk that 
        detainees released or transferred from Naval Station 
        Guantanamo Bay will return to terrorist activities 
        after their release or transfer.

           *       *       *       *       *       *       *

                              ----------                              


SECTION 1055 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 
                                  2010

[SEC. 1055. REPORT ON NUCLEAR ASPIRATIONS OF NON-STATE ENTITIES, 
                    NUCLEAR WEAPONS AND RELATED PROGRAMS IN NON-
                    NUCLEAR-WEAPONS STATES AND COUNTRIES NOT PARTIES TO 
                    THE NUCLEAR NON-PROLIFERATION TREATY, AND CERTAIN 
                    FOREIGN PERSONS.

  [(a) In general.--The Director of National Intelligence shall 
biennially submit to the congressional defense committees, the 
Select Committee on Intelligence of the Senate, the Permanent 
Select Committee on Intelligence of the House of 
Representatives, the Committee on Foreign Relations of the 
Senate, and the Committee on Foreign Affairs of the House of 
Representatives a report--
          [(1) on the nuclear weapons programs and any related 
        programs of countries that are non-nuclear-weapons 
        state parties to the Treaty on Non-Proliferation of 
        Nuclear Weapons, done at Washington, London, and Moscow 
        July 1, 1968, and entered into force March 5, 1970 
        (commonly known as the ``Nuclear Non-Proliferation 
        Treaty'') and countries that are not parties to the 
        Treaty;
          [(2) on the nuclear weapons aspirations of such non-
        state entities as the Director considers appropriate to 
        include in the report; and
          [(3) that identifies each foreign person that, during 
        the period covered by the report, made a material 
        contribution to the research, development, production, 
        or acquisition by a country of proliferation concern 
        of--
                  [(A) weapons of mass destruction (including 
                nuclear weapons, chemical weapons, or 
                biological weapons); or
                  [(B) ballistic or cruise missile systems.
  [(b) Elements.--The report required under subsection (a) 
shall include, with respect to each country described in 
subsection (a)(1) and each non-state entity referred to in 
subsection (a)(2), the following:
          [(1) A statement of the number of nuclear weapons 
        possessed by such country or non-state entity.
          [(2) An estimate of the total number of nuclear 
        weapons that such country or non-state entity seeks to 
        obtain and, in the case of such non-state entity, an 
        assessment of the extent to which such non-state entity 
        is seeking to develop a nuclear weapon or device or 
        radiological dispersion device.
          [(3) A description of the technical characteristics 
        of any nuclear weapons possessed by such country or 
        non-state entity.
          [(4) A description of nuclear weapons designs 
        available to such country or non-state entity.
          [(5) A description of any sources of assistance with 
        respect to nuclear weapons design provided to or by 
        such country or non-state entity and, in the case of 
        assistance provided by such country or non-state 
        entity, a description of to whom such assistance was 
        provided.
          [(6) An assessment of the annual capability of such 
        country and non-state entity to produce new or newly 
        designed nuclear weapons.
          [(7) A description of the type of fissile materials 
        used in any nuclear weapons possessed by such country 
        or non-state entity.
          [(8) An description of the location and production 
        capability of any fissile materials production 
        facilities in such country or controlled by such non-
        state entity, the current status of any such 
        facilities, and any plans by such country or non-state 
        entity to develop such facilities.
          [(9) An identification of the source of any fissile 
        materials used by such country or non-state entity, if 
        such materials are not produced in facilities referred 
        to in paragraph (8).
          [(10) An assessment of the intentions of such country 
        or non-state entity to leverage civilian nuclear 
        capabilities for a nuclear weapons program.
          [(11) A description of any delivery systems available 
        to such country or non-state entity and an assessment 
        of whether nuclear warheads have been mated, or there 
        are plans for such warheads to be mated, to any such 
        delivery system.
          [(12) An assessment of the physical security of the 
        storage facilities for nuclear weapons in such country 
        or controlled by such non-state entity.
          [(13) An assessment of whether such country is 
        modernizing or otherwise improving the safety, 
        security, and reliability of the nuclear weapons 
        stockpile of such country.
          [(14) An assessment of the industrial capability and 
        capacity of such country or non-state entity to produce 
        nuclear weapons.
          [(15) In the case of a country, an assessment of the 
        policy of such country on the employment and use of 
        nuclear weapons.
  [(c) References to Other Reports.--Each report submitted 
under subsection (a) shall include a copy of any other report 
that is incorporated by reference into the report submitted 
under subsection (a).
  [(d) Unclassified Summary.--Each report submitted under 
subsection (a) shall include an unclassified summary of such 
report.
  [(e) Submittal to Congress.--
          [(1) In general.--Except as provided in paragraph 
        (2), the Director of National Intelligence shall submit 
        to the congressional defense committees, the Select 
        Committee on Intelligence of the Senate, and the 
        Permanent Select Committee on Intelligence of the House 
        of Representatives the first report required under 
        subsection (a) by not later than September 1, 2010.
          [(2) Notification of delay in submittal.--If the 
        Director of National Intelligence determines that it 
        will not be possible for the Director to submit the 
        first report required under subsection (a) by September 
        1, 2010, the Director shall, not later than August 1, 
        2010, submit to the committees specified in paragraph 
        (1) a notice--
                  [(A) that such report will not be submitted 
                by September 1, 2010; and
                  [(B) setting forth the date by which the 
                Director will submit such report.
  [(f) Conforming Amendment.--Section 722 of the Combatting 
Proliferation of Weapons of Mass Destruction Act of 1996 (50 
U.S.C. 2369) is repealed.
  [(g) Definitions.--In this section:
          [(1) Foreign person.--The term ``foreign person'' 
        means any of the following:
                  [(A) A natural person who is not a citizen of 
                the United States.
                  [(B) A corporation, business association, 
                partnership, society, trust, or other 
                nongovernmental entity, organization, or group 
                that is organized under the laws of a foreign 
                country or has its principal place of business 
                in a foreign country.
                  [(C) Any foreign government or foreign 
                governmental entity operating as a business 
                enterprise or in any other capacity.
                  [(D) Any successor, subunit, or subsidiary of 
                any entity described in subparagraph (B) or 
                (C).
          [(2) Country of proliferation concern.--The term 
        ``country of proliferation concern'' means any country 
        identified by the Director of Central Intelligence as 
        having engaged in the acquisition of dual-use and other 
        technology useful for the development or production of 
        weapons of mass destruction (including nuclear weapons, 
        chemical weapons, and biological weapons) or advanced 
        conventional munitions--
                  [(A) in the most recent report under section 
                721 of the Combating Proliferation of Weapons 
                of Mass Destruction Act of 1996 (50 U.S.C. 
                2366); or
                  [(B) in any successor report on the 
                acquisition by foreign countries of dual-use 
                and other technology useful for the development 
                or production of weapons of mass destruction.]
                              ----------                              


SECTION 3151 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 
                                  2000

[SEC. 3151. ANNUAL REPORT BY THE PRESIDENT ON ESPIONAGE BY THE PEOPLE'S 
                    REPUBLIC OF CHINA.

  [(a) Annual Report Required.--The President shall transmit to 
Congress an annual report on the steps being taken by the 
Department of Energy, the Department of Defense, the Federal 
Bureau of Investigation, the Central Intelligence Agency, and 
all other relevant executive departments and agencies to 
respond to espionage and other intelligence activities by the 
People's Republic of China, particularly with respect to--
          [(1) the theft of sophisticated United States nuclear 
        weapons design information; and
          [(2) the targeting by the People's Republic of China 
        of United States nuclear weapons codes and other 
        national security information of strategic concern.
  [(b) Initial Report.--The first report under this section 
shall be transmitted not later than March 1, 2000.]

           *       *       *       *       *       *       *

                              ----------                              


ATOMIC ENERGY DEFENSE ACT

           *       *       *       *       *       *       *


DIVISION D--ATOMIC ENERGY DEFENSE PROVISIONS

           *       *       *       *       *       *       *


               TITLE XLV--SAFEGUARDS AND SECURITY MATTERS

Subtitle A--Safeguards and Security

           *       *       *       *       *       *       *


[SEC. 4508. REPORT ON SECURITY VULNERABILITIES OF NATIONAL SECURITY 
                    LABORATORY COMPUTERS.

  [(a) Report Required.--Not later than March 1 of each year, 
the National Counterintelligence Policy Board shall prepare a 
report on the security vulnerabilities of the computers of the 
national security laboratories.
  [(b) Preparation of Report.--In preparing the report, the 
National Counterintelligence Policy Board shall establish a so-
called ``red team'' of individuals to perform an operational 
evaluation of the security vulnerabilities of the computers of 
one or more national security laboratories, including by direct 
experimentation. Such individuals shall be selected by the 
National Counterintelligence Policy Board from among employees 
of the Department of Defense, the National Security Agency, the 
Central Intelligence Agency, the Federal Bureau of 
Investigation, and of other agencies, and may be detailed to 
the National Counterintelligence Policy Board from such 
agencies without reimbursement and without interruption or loss 
of civil service status or privilege.
  [(c) Submission of Report to Secretary of Energy and to FBI 
Director.--Not later than March 1 of each year, the report 
shall be submitted in classified and unclassified form to the 
Secretary of Energy and the Director of the Federal Bureau of 
Investigation.
  [(d) Forwarding to Congressional Committees.--Not later than 
30 days after the report is submitted, the Secretary and the 
Director shall each separately forward that report, with the 
recommendations in classified and unclassified form of the 
Secretary or the Director, as applicable, in response to the 
findings of that report, to the following:
          [(1) The Committee on Armed Services and the Select 
        Committee on Intelligence of the Senate.
          [(2) The Committee on Armed Services and the 
        Permanent Select Committee on Intelligence of the House 
        of Representatives.]

           *       *       *       *       *       *       *


                   Disclosure of Directed Rule Making

    H.R. 2596 does not specifically direct any rule makings 
within the meaning of 5 U.S.C. 551.

                    Duplication of Federal Programs

    H.R. 2596 does not duplicate or reauthorize an established 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                             MINORITY VIEWS

    The Intelligence Committee advanced the bipartisan 
Intelligence Authorization Act (IAA) for Fiscal Year (FY) 2016 
by voice vote.
    The annual Intelligence Authorization Act is a critical 
piece of legislation that ensures U.S. intelligence 
professionals are fully resourced and authorized to exercise 
those intelligence activities that protect the nation from the 
myriad threats the U.S. faces at home and abroad. At the same 
time, the bill ensures that the Committee maintains rigorous 
oversight of all intelligence activities, even the most 
sensitive programs undertaken by the Intelligence Community.
    The FY 2016 IAA is thorough in scope and carefully 
considered given the current fiscal environment. The 
authorizations included in this bill provide for overall 
funding at about 1% below the President's FY16 budget request, 
and about 7% above the FY15 enacted budget level. This bill 
makes cuts to less effective programs, adds money to 
underfunded programs, and requires that intelligence agencies 
regularly inform the Committee of efforts to increase 
efficiencies, which ensures that allocated funds are spent 
responsibly. This is how the budget serves as a critical 
oversight tool for the Committee.
    Importantly, the FY16 IAA:
          a. Continues to support our overhead architecture by 
        funding our most critical programs, investing in space 
        protection and resiliency, preserving investments in 
        cutting-edge technologies, and by enhancing oversight 
        of contracting and procurement practices;
          b. Promotes foreign partner capabilities;
          c. Provides enhancements to human intelligence 
        capabilities and ensures sound oversight throughout 
        CIA's reorganization process;
          d. Continues the Committee's emphasis on 
        counterintelligence and security reforms, in particular 
        this year at the Department of Energy, which is charged 
        with protecting some of our most sensitive national 
        security programs;
          e. Provides resources to safeguard valuable signals 
        intelligence collection while enhancing oversight of 
        these and other sources of intelligence;
          f. It emphasizes collection to monitor and ensure 
        compliance with treaties and potential international 
        agreements; and
          g. Enhances oversight of Defense Special Operations 
        Forces activities worldwide.
    A weakness of the bill, however, is that while it largely 
makes appropriate cuts to some programs and adds wisely to 
others, it does so by using short-term Overseas Contingency 
Operations funding to evade the Budget Control Act (BCA) caps. 
The Minority continues to have concerns with BCA funding caps 
and with the effort to circumvent these limits for defense-
related programs only. The IAA in particular funds certain 
programs that cannot benefit from OCO funding, and should 
otherwise be funded at the appropriate levels.
    Another weakness of the bill is the restrictions on closing 
the prison at Guantanamo Bay. The Minority is deeply concerned 
that the continued operation of the prison at Guantanamo Bay 
serves as a recruitment tool for militants, undercuts our 
relationships with our allies and our reputation for adherence 
to the rule of law. We support an orderly closure of Guantanamo 
Bay and the continued incarceration of those who pose a danger 
to the United States and our allies in appropriate and secure 
facilities elsewhere. Accordingly, Ranking Member Schiff 
introduced an amendment to strike these provisions.
    The Minority is also troubled with a lack of hard data--
even at a classified level--on the total number of combatants 
and noncombatant civilians killed and injured as a result of 
targeted lethal strikes from remotely piloted aircraft. Ranking 
Member Schiff offered a classified amendment along the lines of 
an unclassified amendment he offered last year on this issue.
    In addition, the Minority introduced a variety of 
amendments to strengthen the bill which did not pass, but 
reflect continued areas of emphasis. Mr. Himes introduced an 
amendment to modify a provision that unduly restricts the 
Privacy and Civil Liberties Oversight Board's jurisdiction into 
Covert Action. In addition, Mr. Swalwell introduced an 
amendment to extend federal loan repayment to the men and women 
of our National Labs, which would have helped aid the IC in 
gaining expertise from the best and the brightest.
    The Minority also has concerns with certain provisions 
regarding military intelligence programs, including the cuts to 
a priority Army intelligence program which serves as the 
information sharing backbone for soldiers operating worldwide, 
and with the bill's provision of additional funding for a Naval 
Intelligence, Surveillance and Reconnaissance platform that 
lacks certain collection capabilities, which the Committee has 
opposed in previous bills.
    Despite these and other challenges, which we will work to 
fix as the bill moves forward, the House Intelligence Committee 
reached agreement on this bill in a bipartisan manner, and many 
important Minority amendments were incorporated in the 
Chairman's Mark or the Manager's Amendment, including:
          a. Ms. Sewell's amendment to ensure enhanced support 
        for diversity programs by directing additional efforts 
        to expand programs to rural universities;
          b. Mr. Carson's provisions to better understand FBI 
        resource allocation against domestic and foreign 
        threats, and FBI and DNI roles in countering violent 
        extremism;
          c. Ms. Speier's provision providing greater oversight 
        of the IC's liaison relationships;
          d. Mr. Quigley's provision regarding intelligence 
        support to Ukraine; and
          e. Mr. Swalwell's provision to clarify that DOE 
        National Labs can work with state and local government 
        recipients of homeland security grants.
          f. Mr. Himes' effort to enhance the metrics involved 
        in a critically important IC program.
    Ultimately, while the Minority has some serious concerns, 
it supports this bill and remains committed to working to 
improve it throughout the process.

                                   Adam B. Schiff.
                                   Luis V. Gutierrez.
                                   James A. Himes.
                                   Terri A. Sewell.
                                   Andre Carson.
                                   Jackie Speier.
                                   Mike Quigley.
                                   Eric Swalwell.
                                   Patrick Murphy.

                                  [all]