S.1494 - Intelligence Authorization Act for Fiscal Year 2010111th Congress (2009-2010)
Summary: S.1494 — 111th Congress (2009-2010)
Passed Senate amended (09/16/2009)
Intelligence Authorization Act for Fiscal Year 2010 - Title I: Budget and Personnel Authorizations - (Sec. 101) Authorizes appropriations for FY2010 for the conduct of intelligence and intelligence-related activities of the following: (1) Office of the Director of National Intelligence (DNI); (2) Central Intelligence Agency (CIA); (3) Department of Defense (DOD); (4) Defense Intelligence Agency (DIA); (5) National Security Agency (NSA); (6) Departments of the Army, Navy, and Air Force; (7) Coast Guard; (8) Departments of State, the Treasury, Energy, and Justice; (9) Federal Bureau of Investigation (FBI); (10) Drug Enforcement Administration (DEA); (11) National Reconnaissance Office (NRO); (12) National Geospatial-Intelligence Agency (NGIA); and (13) Department of Homeland Security (DHS).
(Sec. 102) Specifies that the amounts authorized and the authorized personnel ceilings as of September 30, 2010, for such activities are those specified in the classified Schedule of Authorizations, which shall be made available to the Senate and House Appropriations Committees and the President.
(Sec. 103) Allows the DNI to authorize employment of civilian personnel in excess of the number authorized for FY2010 (by not more than 5%) when necessary for the performance of important intelligence functions. Authorizes the DNI to convert to performance by intelligence community (IC) personnel activities currently performed by contractor employees. Requires notification of the congressional intelligence committees in either case. Requires the DNI to establish guidelines to govern the treatment under authorized 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.
(Sec. 104) Authorizes appropriations for the Intelligence Community Management Account of the DNI for FY2010, as well as for full-time personnel for elements within such Account.
(Sec. 105) Prohibits the authorization of appropriations by this Act from being deemed to constitute authority for the conduct of any intelligence activity not otherwise authorized by the Constitution or laws of the United States.
Title II: Central Intelligence Agency Retirement and Disability System - (Sec. 201) Authorizes appropriations for FY2010 for the Central Intelligence Agency Retirement and Disability Fund.
Title III: General Intelligence Community Matters - Subtitle A: Personnel Matters - (Sec. 301) Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for federal employees to be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.
(Sec. 302) Allows a federal officer or employee or member of the Armed Forces to be detailed to the staff of an element of the IC funded through the National Intelligence Program from another element of the IC or the federal government on a reimbursable or nonreimbursable basis, as jointly agreed upon by the heads of the receiving and detailing element, for a period of up to three years.
(Sec. 303) Amends the National Security Act of 1947 to authorize the DNI to: (1) convert competitive service positions within an IC element to excepted service positions as necessary to carry out intelligence functions; and (2) establish the classification and rates of pay for the converted positions. Allows the head of a department or agency, at the request of the DNI, to establish new positions in the excepted service within an element of such department or agency that is part of the IC, and authorizes the DNI to establish the classification and rates of pay for such new positions. Requires prior notification to the intelligence committees of any conversion or establishment under this section. Authorizes the DNI to fix rates of pay for critical positions in the IC in excess of the applicable limit, up to the rate payable for level II of the Executive Schedule. Allows the DNI to authorize one or more IC elements to adopt compensation authority, performance management authority, and scholarship authority tauthorized for another IC element, if the DNI: (1) determines that such adoption would improve IC management and performance; and (2) notifies the intelligence communities at least 60 days in advance.
(Sec. 304) Authorizes the President to award ranks to members of the Senior National Intelligence Service and other IC senior civilian officers not already covered by a rank award program.
(Sec. 305) Requires the DNI to annually prepare and submit to the intelligence committees a personnel level assessment for each of the IC elements.
(Sec. 306) Authorizes an additional 100 full-time equivalent positions for the Office of the DNI for each fiscal year to be used to fill positions made absent by employee participation in critical language training or the provision of language-capable services on a temporary basis. Requires: (1) any IC element receiving a temporary personnel transfer under this section to report to the DNI on such transfer; and (2) the DNI to report annually to the intelligence committees on the use of authority provided in this section.
Subtitle B: Education Programs - (Sec. 311) Amends the Intelligence Authorization Act for Fiscal Year 2004 to make permanent the Pat Roberts Intelligence Scholars program. Allows scholarship funds to be used for: (1) defense acquisition, scientific, and technical analysts, in addition to intelligence analysts; and (2) books, travel expenses, and a stipend.
(Sec. 312) Amends the National Security Agency Act of 1959 to extend the Louis Stokes Educational Scholarship Program to: (1) graduate students, in addition to undergraduates; and (2) individuals not employed by the federal government. Replaces the term "employee" with "program participant." Repeals the requirement that NSA publicly identify to participating educational institutions scholarship students who are NSA employees or training program participants. Authorizes IC elements other than the NSA to establish undergraduate or graduate training programs for prospective or current employees similar to the NSA programs.
(Sec. 313) Authorizes the DNI to carry out, or to authorize the head of an IC element to carry out, programs: (1) to encourage the preparation, recruitment, and retention of civilian IC personnel who possess language, analytic, scientific, technical or other skills necessary to meet IC needs; and (2) to enhance the recruitment and retention of an ethnically and culturally diverse IC workforce with capabilities critical to U.S. national security interests. Authorizes the use of grants under the programs to either individuals or institutions of higher education for the pursuit of necessary training or education (requiring regular reports from the institutions on grant uses). Repeals similar programs under certain prior Acts.
(Sec. 314) Requires the DNI to review the education programs revised or created under this Subtitle, and to report review results to the intelligence committees.
Subtitle C: Acquisition Matters - (Sec. 321) Requires the DNI to conduct: (1) an initial vulnerability assessment for any major system and its significant items of supply proposed for inclusion in the National Intelligence Program (NIP) prior to completion of Milestone B or an equivalent acquisition decision; and (2) subsequent assessments periodically through the life span of the system, whenever a change of circumstances so warrant, or upon request of an intelligence committee. Requires the DNI to: (1) give due consideration to such assessments when developing and determining the annual NIP budget; and (2) provide the intelligence committees a copy of each assessment, along with a proposed schedule for subsequent assessments. Provides limits on the obligation of funding for major systems for which such assessments are required, if such assessments are not timely submitted.
(Sec. 322) Prohibits, after February 1, 2010, any funds appropriated to an IC element from being obligated for an IC business system transformation having a total cost in excess of $1 million unless: (1) the transformation is certified as complying with intelligence enterprise architecture and other DNI policy or standards, or is necessary to achieve a national security objective or to prevent a significant adverse effect on an essential project; and (2) the certification is approved by appropriate authorities within the IC business system transformation governance structure. Requires: (1) the DNI to develop and implement an enterprise architecture to cover all IC business systems, and the functions and activities supported by such systems; (2) the designated transformation approval authority to establish and implement an investment review process for IC business systems; (3) the DNI to include in annual budget materials specified information concerning each IC business system for which budget funding is proposed; (4) the DNI to establish the Intelligence Community Business System Transformation Governance Board to implement this section; and (5) the DNI to report during 2011 through 2015 to the intelligence committees concerning compliance with requirements of this section.
(Sec. 323) Directs the DNI to report annually to the intelligence committees on each acquisition of a major system by an IC element. Requires any portion of such a report that addresses an IC element within DOD to also be submitted to the congressional defense committees.
(Sec. 324) Requires the program manager for each IC major system acquisition project, on a continuing basis, to: (1) determine if the acquisition cost of such system has increased by at least 25% from its baseline cost; and (2) if so, notify the DNI of the increase. Requires the DNI to then notify the intelligence committees of such determination, describe the increase, and certify its necessity. Requires a similar notification process with respect to system cost increases of 50% or more, requiring additional certification requirements before such acquisition may proceed. Prohibits the obligation of funds for a major contract under an acquisition project unless the appropriate certifications are received.
(Sec. 325) Requires the DNI to provide to the intelligence committees a five-year Future Year Intelligence Plan for each expenditure center and each major system in the NIP. Requires the DNI to provide to such committees a Long-term Budget Projection for each element of the NIP acquiring a major system that includes the budget for the five-year period following the last budget year for which proposed funding was submitted. Requires each Plan and Projection to be submitted to Congress along with the annual intelligence budget.
Requires a report from the DNI to the intelligence committees at least 30 days before an IC element may proceed to Milestone A, B, or an analogous stage of system development in the acquisition of a major system in the NIP.
(Sec. 326) Allows the DNI to authorize the head of an IC element to exercise any acquisition authority authorized for the CIA under the Central Intelligence Agency Act of 1949 for an acquisition that is more than 50% funded by the NIP. Provides acquisition authority limits similar to those provided in such Act.
Subtitle D: Congressional Oversight, Plans, and Reports - (Sec. 331) Amends the National Security Act of 1947 to prohibit any exceptions to the requirement to inform the intelligence committees of all intelligence activities and covert actions.
(Sec. 332) Requires that, if the DNI or head of any other U.S. department, agency, or entity does not provide required information concerning intelligence activities in full to all members of the intelligence committees and requests that such information not be provided in such manner, then the DNI shall notify such committees in writing of such determination. Outlines required form and content of required reports to the intelligence committees on covert actions, and requires the same notification in writing, as above, when the DNI or other agency head does not provide such information to all committee members.
(Sec. 333) Requires the President to provide the legal authority under which each intelligence activity, including covert actions, is, or was, conducted.
(Sec. 334) States that an intelligence committee shall be considered to be "fully and currently informed" of an intelligence-related activity only if all committee members are fully informed or, in the case of partial disclosure, the notification requirements outlined above are followed.
(Sec. 335) Authorizes the Comptroller General (CG) to conduct an audit or evaluation involving intelligence sources and methods only upon request of an intelligence committee, and to provide results only to such committee, the DNI, and the head of the relevant IC element. Directs the CG to establish procedures to protect from unauthorized disclosure all classified and other sensitive information furnished in the course of such an audit or evaluation.
(Sec. 336) Requires a report from the DNI to the defense and intelligence committees on measures taken by the DNI and each IC element to comply with provisions of the Detainee Treatment Act of 2005, the Geneva Conventions, related provisions of the Military Commissions Act of 2006, and related executive orders.
(Sec. 337) Directs the DNI to submit to the intelligence committees an assessment of the suitability for release or transfer of detainees from the Naval Detention Facility at Guantanamo Bay, Cuba, to the United States or any other country.
(Sec. 338) Requires the DNI to report to Congress on the advisability of providing federal retirement benefits to U.S. citizens for service prior to 1977 as employees of Air America or an associated company when such company was owned or controlled by the United States and operated or managed by the CIA.
(Sec. 339) Directs the DNI to report to the intelligence committees on U.S. intelligence collection efforts dedicated to assessing the threat from biological weapons posed by state, non-state, or rogue actors, as well as efforts to protect United States biodefense knowledge and infrastructure.
(Sec. 340) Requires the President to notify Congress of each U.S. cybersecurity program that involves personally identifiable data that is: (1) screened by a cybersecurity system outside of the federal agency or department that was the intended recipient; or (2) transferred, for the purpose of cybersecurity, outside such federal agency or department or to an IC element. Requires: (1) identical notification with respect to new cybersecurity programs; and (2) reports to Congress and the President from the heads of any federal department or agency with responsibility for a cybersecurity program for which a notification was submitted. Directs the Inspectors General of DHS and of the IC to report jointly to Congress and the President on the status of the sharing within the IC of cyber threat information. Terminates the authorities of this section on December 31, 2012.
(Sec. 341) Repeals specified intelligence-related report requirements under the National Security Act of 1947 and prior intelligence authorization Acts.
Subtitle E: Other Matters - (Sec. 351) Extends to IC elements current federal authority to delete from federal gift listing requirements information concerning the receipt and disposition of foreign gifts and decorations, if the IC element head certifies to the Secretary of State that publication of such information could adversely affect U.S. intelligence sources or methods.
(Sec. 352) Allows for the reprogramming or transfer of funds for a different intelligence or intelligence-related activity if, in addition to other requirements, the new use would support an emergency need, improve program effectiveness, or increase efficiency.
(Sec. 353) Prohibits the reprogramming or transfer of funds until 90 days after a request for additional information about the reprogramming or transfer is made by one of the intelligence committees. Allows the President to authorize such reprogramming or transfer, regardless of the 90-day review period, if the President certifies to such committees that the reprogramming or transfer is necessary to fulfill an urgent operational requirement (excluding cost overruns) and that it is necessary to carry out the activity prior to completion of the review period.
(Sec. 354) Increases the maximum terms of imprisonment for the disclosure of identities of undercover intelligence officers and agents.
(Sec. 355) Amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to direct the President, on the same date that each annual budget is submitted, to disclose the aggregate amount of appropriations requested for that fiscal year for the NIP.
(Sec. 356) Authorizes the Public Interest Declassification Board to conduct declassification reviews in response to requests from individual committee members. (Current law only allows requests from a committee of jurisdiction.)
(Sec. 357) Revises the permitted delegation of the authority of the FBI and Attorney General to certify certain undercover operations in order to collect foreign intelligence or counterintelligence.
(Sec. 358) Requires the heads of the CIA, DIA, NGIA, NRO, and NSA to identify each senior intelligence management official responsible for correcting a long-standing, material weakness first reported in the annual financial report of that agency prior to FY2007, the correction of which is not substantially dependent on a business system that will not be implemented prior to the end of FY2010. Directs the identified official to notify the appropriate agency head that the material weakness is corrected, requiring an independent review of such determination. Requires the appropriate agency head, after independent review has confirmed the correction, to notify the intelligence committees of the correction.
Title IV: Matters Relating to Elements of the Intelligence Community - Subtitle A: Office of the Director of National Intelligence - (Sec. 401) Requires the DNI to: (1) conduct accountability reviews of IC elements or personnel in relation to failures or deficiencies within the IC; and (2) establish guidelines and procedures for conducting such reviews.
(Sec. 402) Authorizes the DNI to: (1) expend funds, and make funds available to other federal departments and agencies, to develop systems related to the collection, processing, analysis, exploitation, and dissemination of intelligence information; and (2) provide NIP funds to non-NIP programs to address critical gaps in intelligence information sharing or access capabilities. Authorizes department or agency heads to use funds made available by the DNI for such purposes. Requires annual reports, for each of FY2011-FY2014, from the DNI to the intelligence committees on the distribution of funds for such purposes.
(Sec. 403) Authorizes the DNI to approve interagency financing of national intelligence centers established under authority of the National Security Act of 1947, as well as for boards, commissions, councils, or similar groups established by the DNI for a period not to exceed two years. Requires a report from the DNI to the intelligence committees, during each of FY2011-FY2014, detailing the exercise of such authority.
(Sec. 404) Allows the Office of the DNI to be located within the Washington metropolitan area (thereby allowing such location outside the District of Columbia).
(Sec. 405) Establishes as additional duties of the DNI's Director of Science and Technology: (1) assisting the DNI in establishing goals for basic, applied, and advanced research to meet IC technology needs; and (2) reporting annually to Congress on the DNI's science and technology strategy. Expresses the sense of Congress that such Director should report only to a member of the Office of the DNI who is appointed by the President, by and with the consent of the Senate.
(Sec. 406) Renames the DNI's Chief Information Officer as the Chief Information Officer of the Intelligence Community.
(Sec. 407) Establishes within the Office of the DNI an Office of the Inspector General of the Intelligence Community. Outlines Inspector General powers, duties, and responsibilities, including the appointment of Assistant Inspectors General. Authorizes the DNI to prohibit the Inspector General from carrying out or completing any investigation, inspection, audit, or review if the DNI determines that the prohibition is necessary to protect vital U.S. national security interests (requiring the DNI to notify the intelligence committees upon the exercise of such authority). Establishes the Intelligence Community Inspectors General Forum consisting of all inspectors general with oversight responsibility for an element of the IC. Requires: (1) semiannual reports from the Inspector General to the DNI on Inspector General activities (such reports to be transmitted to the intelligence committees); and (2) the Inspector General to report immediately to the DNI when becoming aware of particularly serious or flagrant problems, abuses, or deficiencies relating to programs and activities within the responsibility and authority of the DNI (such reports also to be transmitted to the intelligence committees). Provides protections for employees making disclosures to the Inspector General in connection with investigations, audits, and reviews in conformance with the Intelligence Community Whistleblower Protection Act of 1998. Directs the DNI to include in the NIP budget a separate account for the Office of the Inspector General. Repeals superseded authority under the Inspector General Act of 1978.
(Sec. 408) Establishes within the Office of the DNI a Chief Financial Officer of the Intelligence Community, with specified IC financial oversight duties.
(Sec. 409) Designates as the head of the National Counter Proliferation Center the Director of the National Counter Proliferation Center, who shall be appointed by the DNI. Locates such Center within the Office of the DNI.
(Sec. 410) Establishes within the Office of the DNI a National Space Intelligence Office, to be directed by the Director of the National Space Intelligence Office. Outlines Office duties, including coordinating and providing policy direction for the management of space-related assets and fields relating to space intelligence. Directs the DNI to include in the NIP budget a separate account for such Office. Requires a report from the Director to the intelligence committees on Office organizational structure.
(Sec. 411) Exempts from search, review, publication, and disclosure requirements of the Freedom of Information Act certain operational files in the Office of the DNI that were provided by IC elements. Provides exemption exceptions. Requires the DNI, at least once every ten years, to review the exempted operational files to determine whether such files, or any portion thereof, may be removed from the exemption. Provides judicial review of an allegation of the improper withholding of records through the use of such exemption.
(Sec. 412) Repeals the requirement that the DNI carry out certain counterintelligence security functions through the Office of the National Counterintelligence Executive.
(Sec. 413) Authorizes the DNI to prescribe regulations to exempt any system of records maintained by the Office of the DNI from certain Privacy Act requirements.
(Sec. 414) Makes provisions of the Federal Advisory Committee Act inapplicable to advisory committees of the Office of the DNI. Requires an annual report from the DNI and the CIA Director on their creation of advisory committees.
(Sec. 415) Replaces the CIA Director with the DNI on the membership of the Transportation Security Oversight Board.
(Sec. 416) Repeals certain administrative authorities within the Office of the National Counterintelligence Executive.
(Sec. 417) Prohibits the unauthorized use of the official name, initials, or seal of the Office of the Director of National Intelligence. Authorizes the Attorney General to initiate civil proceedings to enjoin such acts or practices.
Subtitle B: Central Intelligence Agency - (Sec. 421) Authorizes the CIA Director to provide security personnel for the protection of the DNI and such personnel within the Office of the DNI as the DNI may designate.
(Sec. 422) Amends the Contracts Disputes Act of 1978 to allow an appeal from a decision of a CIA contracting officer to be filed with either the Armed Services Board of Contract Appeals or the Civilian Board of Contract Appeals, as specified in the contract.
(Sec. 423) Establishes the position of Deputy Director of the CIA, with specified duties.
(Sec. 424) Allows the CIA Director to delegate to appropriate CIA officials the authority for travel on common carriers by intelligence collection personnel.
(Sec. 425) Amends the Central Intelligence Agency Act of 1949 to: (1) require the appointment of the CIA Inspector General to be made on the basis of demonstrated ability and without regard to political affiliation; and (2) expand the the protection against whistleblower reprisals to include any CIA employee who provides information to the CIA Inspector General. Gives the Inspector General final approval of candidates for employment within the Office of the Inspector General, and requires the Inspector General to appoint a Counsel who reports directly to the Inspector General.
(Sec. 426) Directs the DNI to transmit to the President each year the budget amount requested by the CIA Inspector General, and to provide such information to the intelligence and appropriations committees.
(Sec. 427) Requires the CIA Director to make publicly available an unclassified version of any memorandum or finished intelligence product assessing the information gained from high-value detainee reporting dated April 3, 2003, July 15, 2004, March 2, 2005, and June 1, 2005.
Subtitle C: Defense Intelligence Components - (Sec. 431) Amends the Inspector General Act of 1978 to require the heads of the NRO, DIA, NSA, and NGIA to appoint independent inspectors general for their agencies (thus giving such inspectors general the same information-gathering power and independence as is currently held by inspectors general of other federal agencies). Allows the Secretary of Defense to prohibit the inspector general of an IC element from initiating, carrying out, or completing any audit or investigation if the Secretary determines that the prohibition is necessary to protect vital U.S. national security interests. Requires notification of such determination to the defense and intelligence committees.
(Sec. 432) Requires the directors of the NSA, NGIA, and NRO to be appointed by the President, by and with the advice and consent of the Senate.
(Sec. 433) Requires the NGIA, as directed by the DNI, to develop a system to facilitate the analysis, dissemination, and incorporation into the National System for Geospatial-Intelligence likenesses, videos, and presentations produced by ground-based platforms, including handheld or clandestine photography taken by or on behalf of human intelligence collection organizations or available as open-source information.
(Sec. 434) Allows funds made available to the DIA Director for human intelligence and counterintelligence activities to be expended for objects of a confidential, extraordinary, or emergency nature, if accounted for by a certificate from such Director. Requires such Director to report annually to the intelligence committees on the expenditure of funds for such purposes.
Subtitle D: Other Elements - (Sec. 441) Includes appropriate elements of the Coast Guard and DEA within the definition of "intelligence community."
(Sec. 442) Authorizes the use of certain Coast Guard funding for research, development, test, or evaluation related to intelligence systems and capabilities.
(Sec. 443) Makes permanent FBI authority to pay retention and relocation bonuses to employees with unusually high or unique qualifications, or for which the FBI has a special need.
(Sec. 444) Extends through 2011 FBI authority to waive certain federal mandatory retirement provisions if determined in the public interest (thereby allowing employment up to age 65).
(Sec. 445) Requires the FBI Director to report to the intelligence and judiciary committees a long-term vision for the intelligence capabilities of the FBI's National Security Branch, a strategic plan for the Branch, progress made in advancing the capabilities of the Branch, and an assessment of the Branch's effectiveness in performing tasks critical to its function as an intelligence agency. Directs the DNI to submit annually to the intelligence committees an assessment of Branch progress in performing its tasks.
Title V: Reorganization of the Diplomatic Telecommunications Service Program Office - (Sec. 501) Amends the Intelligence Authorization Act for Fiscal Year 2001 to reorganize the Diplomatic Telecommunications Service Program Office (Office), which is responsible for supporting the telecommunications network of all U.S. government agencies and departments operating from diplomatic and consular facilities abroad. Establishes the Diplomatic Telecommunications Service Governance Board (replacing the current Diplomatic Telecommunications Service Oversight Board) to direct and oversee Office activities. Outlines related Board duties, authorities, and activities, including ensuring that enhancements of, and the provision of service for, telecommunication capabilities that involve U.S. national security interests receive the highest prioritization. Authorizes appropriations. Repeals prior inconsistent provisions.
Title VI: Foreign Intelligence and Information Commission Act - Foreign Intelligence and Information Commission Act - (Sec. 604) Establishes in the legislative branch a Foreign Intelligence and Information Commission to undertake certain evaluations, and provide recommendations, relating to the collection, reporting, and analysis of foreign intelligence and information. Requires: (1) an interim Commission report to the intelligence committees; and (2) a final Commission report to the President, DNI, Secretary of State, and the intelligence and foreign relations committees. Terminates the Commission 60 days after its final report. Makes the Federal Advisory Committee Act inapplicable to the Commission. Provides Commission funding from NIP funds.
Title VII: Technical Amendments - (Sec. 701) Makes technical and/or clarifying amendments to the Foreign Intelligence Surveillance Act of 1978, the Central Intelligence Agency Act of 1949, the National Security Act of 1947, the National Defense Authorization Act for Fiscal Year 1991, provisions relating to the Intelligence Reform and Terrorism Prevention Act of 2004, provisions relating to pay levels of certain intelligence officials, and prior-year intelligence authorization Acts.