P.L. 111-259, The Intelligence Authorization Act for Fiscal Year 2010
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H.R. 2701 would authorize appropriations for fiscal year 2010 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System.
Intelligence Authorization Act for Fiscal Year 2010 - <b>Title I: Budget and Personnel Authorizations </b>- (Sec. 101) Authorizes appropriations for FY2010 for the conduct of intelligence and intelligence-related activities of the: (1) Office of the Director of National Intelligence; (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; and (13) Department of Homeland Security.
(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 congressional appropriations committees and the President.
(Sec. 103) Allows the Director of National Intelligence (DNI), with the approval of the Director of the Office of Management and Budget (OMB), to authorize employment of civilian personnel in excess of the number authorized for FY2010 (by not more than 3%) when necessary for the performance of important intelligence functions. Requires notification of the intelligence committees at least 15 days prior to the exercise of such authority.
(Sec. 104) Authorizes appropriations for the Intelligence Community Management Account for FY2010, as well as for full-time personnel for elements within such Account.
(Sec. 105) Prohibits any schedule, report, or statement accompanying this Act from being construed to authorize or require the expenditure of funds for a congressional earmark.
(Sec. 106) Prohibits the authorization of appropriations by this Act from being deemed to constitute authority to conduct any intelligence activity not otherwise authorized by the Constitution or laws of the United States.
<b>Title II: Central Intelligence Agency Retirement and Disability System </b> - (Sec. 201) Authorizes appropriations for FY2010 for the Central Intelligence Agency Retirement and Disability Fund.
<b>Title III: General Intelligence Community Matters - Subtitle A: Personnel Matters </b>- (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 necessary for increases in such compensation or benefits authorized by law.
(Sec. 302) Amends the National Security Act of 1947 to authorize the temporary appointment of individuals to fill, in an acting capacity, vacancies in positions in the Office of the DNI (other than the DNI) whose appointments are required to be made by the President by and with the advice and consent of the Senate. Directs the DNI to recommend to the President, and the President to direct, an individual serving in another position in the intelligence community (IC) to serve temporarily in such a position.
(Sec. 303) Allows an officer or employee of the United States or member of the Armed Forces to be detailed to the staff of an element of the IC funded through the Community Management Account, on a reimbursable or nonreimbursable basis as jointly agreed to by the DNI and the head of the detailing IC element, for a period not to exceed two years.
(Sec. 304) Prohibits inclusion in the Defense Civilian Intelligence Personnel System (DCIPS) of all DOD defense intelligence position appointments (other than Intelligence Senior Level positions and positions in the Defense Intelligence Senior Executive Service) made after June 16, 2009. Requires the Secretary of Defense (Secretary) to provide for the termination of the DCIPS within 12 months after the enactment of this Act, and for the conversion of remaining DCIPS employees into the otherwise-appropriate statutory pay system. Directs the Secretary, if of the opinion that the DCIPS should not be terminated, to report to the President and Congress on the reasons therefor.
<b>Subtitle B: Education </b>- (Sec. 311) Requires the DNI to carry out a program, to be known as the Pat Roberts Intelligence Scholars Program, under which selected students or former students are provided or reimbursed funds for academic training in areas of specialization in which the current or future capabilities of the IC are, or are likely to be, deficient. Requires such students to commit to a period of employment with an IC element upon completion of such training. Repeals a conflicting pilot program under the Intelligence Authorization Act for Fiscal Year 2004.
(Sec. 312) Authorizes: (1) the DNI to carry out a grant program to enhance the recruitment and retention of an ethnically and culturally diverse IC workforce with capabilities critical to U.S. national security interests; and (2) the DNI to make such grants to institutions of higher education for the development of educational programs appropriate for such purposes. Repeals duplicative provisions under specified federal laws.
(Sec. 313) Amends provisions of the National Security Agency Act of 1959 relating to the Stokes Educational Scholarship Program to extend the Program to graduate students (currently, only to undergraduates) and to individuals from other elements of the IC (currently, only to the NSA).
(Sec. 314) Authorizes the DNI to establish a pilot program for intensive language instruction in African languages. Terminates the pilot program after five years. Authorizes appropriations.
<b>Subtitle C: Congressional Oversight of Covert Actions </b>- (Sec. 321) Directs the President to provide to the intelligence committees all information necessary to assess the lawfulness, effectiveness, cost, benefit, intelligence gain, budgetary authority, and risk of an intelligence activity. Requires specific procedures with respect to written reports concerning covert actions, including providing the legal authority under which a covert action is being or was conducted. Allows the President to limit access to such reports, including among intelligence committee members, after determining that extraordinary circumstances affecting vital U.S. interests warrant limiting such access. Allows for restricted briefings of intelligence committee members concerning covert actions, pursuant to written procedures established by such committees. Allows any Member of Congress to whom a covert action finding or notice has been reported to submit to the DNI an objection concerning any part of that finding or notice, and requires the DNI to report any such objection to the President, in writing, within 48 hours.
<b>Subtitle D: Reports and Other Congressional Oversight </b>- (Sec. 331) Revises a reporting requirement concerning financial intelligence on terrorist assets to: (1) require the report annually instead of semiannually; (2) eliminate certain required data; and (3) require the defense committees to be included as report recipients.
(Sec. 332) Directs the DNI to: (1) prepare an annual personnel level assessment of each IC element; and (2) submit each assessment to the intelligence committees.
(Sec. 333) Requires the DNI to report at least semiannually to the defense and foreign relations committees on the intentions and capabilities of Iran, Syria, and North Korea with regard to their nuclear weapons programs.
(Sec. 334) Requires an annual report from the DNI to the intelligence and defense committees on the proficiency in foreign languages and dialects of each IC element.
(Sec. 335) Directs the DNI to ensure that personnel of the Government Accountability Office (GAO) designated by the Comptroller General are provided access to all information necessary to conduct an analysis, evaluation, or investigation of a program or activity of an IC element that is requested by an intelligence committee. Authorizes the DNI to restrict such access when necessary to protect vital U.S. national security interests, requiring notification thereof to such committees.
(Sec. 336) Requires the head of each IC element to semiannually certify to the intelligence committees their compliance with congressional oversight requirements.
(Sec. 337) Amends the Intelligence Authorization Act for Fiscal Year 1995 to change from annually to biannually a required report concerning foreign industrial espionage.
(Sec. 338) Directs the DNI to report to the intelligence and defense committees describing the use of personal services contracts across the IC, the impacts of such contracts on the IC workforce, plans for conversion of contractor employment into federal employment, and accountability mechanisms that govern the performance of such contracts.
(Sec. 339) Requires the FBI Director to report to the intelligence and judiciary committees on the long-term vision of transforming FBI intelligence capabilities and the progress of internal reforms intended to achieve that vision.
(Sec. 340) Directs the DNI and the Secretary to report to the intelligence and defense committees on intelligence collection and analysis resources: (1) dedicated to Iraq and Afghanistan during FY2008-FY2009; and (2) planned to be dedicated during FY2010.
(Sec. 341) Requires a report from the DNI to the intelligence and foreign relations committees assessing the threat to national security presented by efforts of foreign countries to acquire sensitive equipment and technology, and the degree to which U.S. export controls are adequate to defeat such efforts.
(Sec. 342) Directs the DNI to report to the intelligence, defense, and foreign relations committees on the illicit trade of nuclear and radiological material and equipment.
(Sec. 343) Requires the DNI to study and report to the intelligence committees on the feasibility of revoking the pensions of IC personnel who commit unauthorized disclosures of classified information.
(Sec. 344) Directs the IC Inspector General to study and report to the intelligence committees on the IC's electronic waste destruction practices.
(Sec. 345) Requires a report from the DNI 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 any associated company when such company was owned and controlled by the U.S. government and operated or managed by the CIA.
(Sec. 346) Directs the DNI to study and report to Congress concerning college tuition programs for the children of IC employees.
(Sec. 347) Requires reports to Congress from the DNI and the National Counterintelligence Executive regarding global supply chain vulnerabilities.
(Sec. 348) Requires the CIA Director to: (1) review CIA records relevant to known or potential health effects suffered by veterans of Operation Desert Storm; and (2) report review results to Congress.
(Sec. 349) Prohibits funds from being used to implement an FBI program requiring the mandatory reassignment of a supervisor who serves in a management position for seven years until the FBI Director certifies to the intelligence committees the completion of a review of issues related to the pensions of former FBI employees affected by a previous program of mandatory reassignment after serving in a management position for five years.
(Sec. 350) Directs the DNI to make publicly available a summary of intelligence related to: (1) terrorist recidivism of detainees held at Naval Station Guantanamo Bay, Cuba; and (2) threats posed by Uighur detainees currently or formerly held there.
(Sec. 352) Requires a report from the DNI to the intelligence and appropriations committees on the state of research, analysis, and training in interrogation and debriefing practices.
(Sec. 353) Directs the DNI to report to the intelligence committees on plans to increase diversity within the IC.
(Sec. 354) Requires the FBI Director to submit to the appropriate congressional committees a review of constraints under international and foreign laws to the assertion of enforcement jurisdiction with respect to criminal investigations of terrorism offenses conducted by FBI agents in foreign nations using funds made available for the National Intelligence Program.
(Sec. 355) Repeals certain intelligence-related reporting requirements under the National Security Act of 1947 and the Intelligence Authorization Act for Fiscal Year 2003.
(Sec. 356) Incorporates into this Act each requirement to submit a report to the intelligence committees that is included in the classified annex to this Act.
<b>Subtitle E: Other Matters </b>- (Sec. 361) Conforms standards under the National Security Act of 1947 governing the transfer and reprogramming of certain intelligence funding by the DNI to such standards under the Intelligence Reform and Terrorism Prevention Act of 2004.
(Sec. 362) Increases the maximum terms of imprisonment for the disclosure of agent information after access to either agent identifying information or classified information.
(Sec. 363) Extends to IC elements current federal authority to delete from federal gift listing requirements (the listing of gifts received as part of federal employment) 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. 364) Exempts from public disclosure requirements under the Freedom of Information Act terrorist identity information disseminated for terrorist screening purposes or other authorized counterterrorism purposes.
(Sec. 365) Prohibits the unauthorized use of the official name, initials, or seal of either the Intelligence Community or the Office of the Director of National Intelligence. Provides for injunctive relief through the Attorney General in such cases.
(Sec. 366) Directs the President: (1) every four years, to conduct an audit of how the executive branch determines whether a security clearance is required for a particular position in the federal government; (2) to report audit results to Congress; and (3) to report annually to Congress on the security clearance process within the federal government and each IC element. Requires, with respect to the latter report, specified information concerning each security clearance level, including the number of security clearance investigations that have taken longer than one year to complete. Requires a one-time report from the President to Congress on security clearance investigations and adjudications.
Directs the: (1) DNI to appoint an ombudsman for intelligence community security clearances; and (2) ombudsman to report annually to the intelligence committees on the number of persons applying for security clearances who have contacted the ombudsman, and a summary of their concerns, complaints, and questions.
Requires the IC Inspector General to: (1) conduct an audit of the reciprocity of security clearances in the IC; and (2) report audit results to the intelligence committees.
(Sec. 367) Prohibits the DNI from using any funds to release or transfer non-U.S. citizen detainees at the Naval Station Guantanamo Bay, Cuba, to the United States or its territories or possessions until 120 days after the President has submitted to the defense committees a plan for the disposition of each such individual which includes an assessment of the risk that each individual poses to U.S. national security and actions to be taken to mitigate such risk.
(Sec. 368) Expresses the sense of Congress that the DNI has not made compliance with financial management and audit readiness standards a top priority. Requires the DNI to: (1) conduct a review of the status of auditability compliance for each IC element; and (2) develop a plan and timeline to achieve a full, unqualified audit of each IC element no later than September 30, 2013.
<b>Title IV: Matters Relating to Elements of the Intelligence Community - Subtitle A: Office of the Director of National Intelligence </b>- (Sec. 401) Makes the ban on co-location of the Office of the DNI with any other IC element applicable to the co-location of the headquarters of the Office of the DNI with the headquarters of any other IC element. Authorizes the President to waive such limitations in certain cases.
(Sec. 402) Replaces the CIA Director with the DNI on the membership of the Transportation Security Oversight Board.
(Sec. 403) Provides additional duties for the Director of Science and Technology within the Office of the DNI, including an annual report on science and technology strategy that shows resources mapped to IC goals.
(Sec. 404) Directs the DNI to develop and report to Congress on a plan to implement across the IC the recommendations of a specified report concerning the use of energy-efficient computer servers in the United States.
(Sec. 405) Renames the DNI's Chief Information Officer as the Chief Information Officer of the Intelligence Community.
(Sec. 406) Establishes an Office of the Inspector General of the Intelligence Community. Outlines Inspector General duties and responsibilities. Establishes the Intelligence Community Inspectors General Forum consisting of all statutory or administrative inspectors general with oversight responsibility for an element of the IC. Directs the IC Inspector General to act as Forum chairman. Requires: (1) semiannual reports from the Inspector General to the DNI summarizing Office activities; (2) the DNI to transmit such reports to the intelligence committees; and (3) the DNI to include in the National Intelligence Program budget a separate account for the Office of the Inspector General. Repeals superseded authority under the Inspector General Act of 1978.
<b>Subtitle B: Central Intelligence Agency </b>- (Sec. 411) Requires the CIA Inspector General, at least every three years, to conduct, and report to the intelligence committees on, an audit of each CIA covert action.
(Sec. 412) Amends the Central Intelligence Agency Act of 1949 to prohibit the CIA Director from expending or obligating funds for payment to any contractor to conduct the interrogation of a detainee in CIA custody or control. Allows an exception when no CIA employee is capable or available and the interrogation is in the national interest.
(Sec. 413) Amends the Contract Disputes Act of 1978 to provide for the appropriate venue for an appeal from a decision of a CIA contracting officer relative to a contract made by that agency.
(Sec. 414) Establishes a Deputy Director of the Central Intelligence Agency, appointed by the President.
(Sec. 415) Extends reprisal protection with respect to CIA personnel who provide assistance to the CIA Inspector General to include the provision of information to such Inspector General. (Under current law, reprisal protection is afforded only with respect to the filing of a complaint.)
(Sec. 416) Requires the CIA Director to establish guidelines to ensure that each interrogation of a person in the custody of the CIA is recorded in video form, and that the recording is maintained for at least 10 years and until such time as it is no longer relevant to a legal proceeding or investigation. Provides an exception.
<b>Subtitle C: Other Elements </b>- (Sec. 421) Includes appropriate elements of the Coast Guard, the Office of Intelligence and Analysis of the Department of Homeland Security, and the DEA within the definition of "intelligence community."
(Sec. 423) Amends the Counterintelligence Enhancement Act of 2002 to repeal certain administrative authorities within the Office of the National Counterintelligence Executive.
(Sec. 424) Requires the directors of both the NSA and NRO to be presidentially-appointed and Senate-confirmed.
(Sec. 425) Establishes: (1) an Associate Director of the National Security Agency for Compliance and Training; and (2) a General Counsel of the National Security Agency.
(Sec. 427) Amends the Inspector General Act of 1978 to establish an Inspector General of the National Security Agency.
(Sec. 428) Directs the DNI and the Secretary to jointly submit to the intelligence and defense committees a revised charter for the NRO.
<b>Title V: Other Matters - Subtitle A: General Intelligence Matters </b> - (Sec. 501) Amends the Intelligence Authorization Act for Fiscal Year 2003 to extend until February 1, 2011, the final report requirement of the National Commission for the Review of the Research and Development Programs of the United States Intelligence Community. Requires the appointment of new Commission members. Provides funding.
(Sec. 502) Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to: (1) require homeland security information and terrorism information to be included within the definition of "national security information"; and (2) direct that the Program Manager for the Information Sharing Environment reside within the Executive Office of the President.
(Sec. 503) Requires the DNI to review materials in possession of the intelligence committees that: (1) are not less than 25 years old; and (2) were created, or provided to that committee, by the executive branch.
(Sec. 504) Prohibits the use of funds to provide the warnings of constitutional rights described in <i>Miranda v. Arizona</i> to a person outside the United States who is not a U.S. person and is: (1) suspected of terrorism, associated with terrorists, or believed to have knowledge of terrorists; or (2) a detainee in the custody of U.S. Armed Forces.
<b>Subtitle B: Technical Amendments </b>- (Sec. 511) Makes technical and/or clarifying amendments to the Central Intelligence Agency Act of 1949, the Central Intelligence Agency Retirement Act, the Foreign Intelligence Surveillance Act of 1978, the Intelligence Authorization Act for Fiscal Year 2004, the Intelligence Reform and Terrorism Prevention Act of 2004, the National Defense Authorization Act for Fiscal Year 1991, the National Security Act of 1947, provisions relating to pay levels of certain intelligence officials, and provisions relating to the titles of certain CIA positions.
Status of the Legislation
Latest Major Action: 2/25/2010: Rules Committee Resolution H. Res. 1113 Reported to House. Rule provides for consideration of H.R. 2701 . The resolution provides for further consideration of H.R. 2701 , the "Intelligence Authorization Act for Fiscal Year 2010." The resolution provides that amendment number 1 printed in House Report 111-419 shall be modified by striking the matter proposed to be inserted as section 506.
Points in Favor
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