Intelligence Authorization Act for Fiscal Year 2009

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Intelligence Authorization Act for Fiscal Year 2009 - Title I: Budget and Personnel Authorizations - (Sec. 101) Authorizes appropriations for FY2009 for the conduct of intelligence and intelligence-related activities of the: (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.

(Sec. 102) Specifies that the amounts authorized and the authorized personnel ceilings as of September 30, 2009, 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, 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 FY2009 (by not more than 5%) when necessary to 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.

(Sec. 104) Authorizes appropriations for the Intelligence Community Management Account of the DNI for FY2009, as well as for full-time personnel for elements within such Account.

Title II: Central Intelligence Agency Retirement and Disability System - (Sec. 201) Authorizes appropriations for FY2009 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, after FY2008, to be detailed to the staff of an element of the IC funded through the Community Management Account from another element of the federal government on a reimbursable or nonreimbursable basis, as jointly agreed upon by the DNI and the head of the 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. 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 that have been authorized for another IC element if the DNI: (1) determines that such adoption would improve IC management and performance; and (2) notifies the congressional intelligence communities at least 60 days in advance.

(Sec. 304) Authorizes the DNI to delegate to the head of any other IC element (under current law, the DNI may delegate only to either the Principal Deputy Director of National Intelligence or the CIA Director) the authority to authorize travel on common carriers for intelligence collection personnel. Authorizes any such IC element head to further delegate such authority to senior officials within such element as specified by the DNI. Requires the DNI to submit to the intelligence committees guidelines for determining the senior officials appropriate for such further delegation.

(Sec. 305) Requires the DNI to annually prepare and submit to the intelligence committees a personnel level assessment for each of the IC elements.

Subtitle B: Acquisition Matters - (Sec. 311) Requires additional information within currently-required reports from the DNI concerning the acquisition of major systems by IC elements. Includes additional definitions relating to such acquisitions.

(Sec. 312) 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.

(Sec. 313) Revises conditions for funding of a financial management or human resources business system modernization for an IC element. Directs the DNI, for each fiscal year after 2009, to include in annual intelligence budget materials specified information concerning the budgeting of IC business systems. Requires reports, from the DNI to the intelligence committees during the years 2010 through 2014, on IC compliance with requirements of this section.

(Sec. 314) 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 such increase. Requires the DNI to then: (1) notify the intelligence committees of such determination; and (2) 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. 315) Prohibits, beginning in FY2010, a contract for the provision of advisory and assistance services related to any major system acquisition with an IC element from being awarded to an entity whose business activities include the provision of products or services related to the same major system acquisition to any IC element.

(Sec. 316) 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 such element for the next ten-year period. 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.

Subtitle C: Interrogation and Detention Related Matters - (Sec. 321) Prohibits any individual in the custody or control of personnel of an IC element or instrumentality, regardless of nationality or physical location, from being subject to any treatment or technique of interrogation not authorized by the U.S. Army Field Manual on Human Intelligence Collector Operations.

(Sec. 322) Prohibits the CIA Director from permitting a CIA contractor or subcontractor to carry out an interrogation of an individual (instead requiring such interrogation to be carried out by a CIA employee).

(Sec. 323) Prohibits funds from being used to detain any individual under the custody or control of an IC element or instrumentality if the International Committee of the Red Cross is not provided notification of such detention and access to the individual in a manner consistent with practices of the Armed Forces.

(Sec. 324) 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 and related provisions of the Military Commissions Act of 2006.

Subtitle D: Reporting Requirements - (Sec. 331) Requires a report from the DNI to the intelligence committees on activities being performed by contractors on behalf of an IC element that the DNI believes should only be conducted by employees of a federal department or agency.

(Sec. 332) Requires that, if the DNI or head of any other department, agency, or entity of the government does not provide to the intelligence committees information required under the National Security Act of 1947 relating to covert and non-covert actions, the DNI shall notify such committees of the decision not to provide such information, and the reasons therefor. Revises the form and content of certain reports required under such Act.

(Sec. 333) Directs the DNI to: (1) establish performance metrics and specific timetables related to the progress of the FBI in carrying out specified intelligence activities; and (2) report to the intelligence committees on such progress.

(Sec. 334) Incorporates into this Act each requirement to submit a report to the intelligence committees that is included in the classified annex to this Act.

(Sec. 335) Repeals specified intelligence-related report requirements under the National Security Act of 1947 and prior intelligence authorization and national defense authorization Acts.

Subtitle E: Other Matters - (Sec. 341) Specifies that 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 laws of the United States.

(Sec. 343) 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. 344) States that an intelligence committee shall be considered to be "fully and currently informed" of an intelligence-related activity only if a notification providing the main features of the activity or covert action has been provided.

(Sec. 345) Prohibits the reprogramming or transfer of funds until 90 days after a request for 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 period, to fulfill an urgent operational requirement (excluding cost overruns) when necessary to carry out the activity prior to completion of the review period.

(Sec. 346) Amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to change from FY2009 and thereafter to FY2010 and thereafter the period that the President may waive or postpone the disclosure of the aggregate amount of funds appropriated by Congress for the NIP for that fiscal year.

(Sec. 347) Increases the maximum terms of imprisonment for the disclosure of identities of undercover intelligence officers and agents.

(Sec. 348) Revises the permitted delegation of the authority to certify certain undercover operations in order to collect foreign intelligence or counterintelligence.

(Sec. 349) Amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 to: (1) make permanent a pilot program to provide scholarships to prospective language and intelligence analysts; (2) authorize the DNI to award grants to qualified institutions of higher education to develop relevant courses of study under the program; and (3) revise program operational requirements.

(Sec. 350) 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. 351) Renews through 2009 (under current law, lapsed on September 1, 2004) the National Commission for Review of Research and Development Programs of the United States Intelligence Community. Requires new members to be appointed. Provides Commission funding from the Intelligence Community Management Account.

(Sec. 352) Changes from the CIA Director to the DNI the responsibility for establishing the Office of Intelligence and Analysis within the Department of the Treasury.

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 significant 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 address deficiencies or needs that arise in intelligence information sharing capabilities; and (2) provide funds to non-NIP activities 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 FY2010-FY2013, from the DNI to the intelligence committees on the distribution of funds for such purposes.

(Sec. 403) Permits the DNI to delegate to the Chief Information Officer of the IC the authority to protect intelligence sources and methods from unauthorized disclosure.

(Sec. 404) 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 FY2010-FY2013, detailing the exercise of such authority.

(Sec. 405) 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.

(Sec. 406) Renames the DNI's Chief Information Officer as the Chief Information Officer of the Intelligence Community.

(Sec. 407) Establishes an Office of the Inspector General of the Intelligence Community. Requires 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.

(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 National Intelligence Officer for Science and Technology. Outlines Office duties, including coordinating and providing policy direction for the management of space-related assets and fields relating to space intelligence. Requires a report from the Office 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) Replaces the CIA Director with the DNI on the membership of the Transportation Security Oversight Board.

(Sec. 413) Requires a report from the DNI to Congress on the advisability of providing federal retirement benefits to U.S. citizens for their service before 1977 as employees of Air America or an associated company while such company was owned or controlled by the U.S. government and operated or managed by the CIA.

(Sec. 414) Repeals certain administrative authorities within the Office of the National Counterintelligence Executive.

(Sec. 415) 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. 416) Makes provisions of the Federal Advisory Committee Act inapplicable to advisory committees of the Office of the DNI.

Subtitle B: Central Intelligence Agency - (Sec. 421) Makes inapplicable to the CIA Director a requirement to submit to the intelligence committees an annual report on actions taken to ensure the auditability of CIA financial statements.

(Sec. 422) Amends the Central Intelligence Agency Act of 1949 to authorize CIA protective detail personnel to make arrests without a warrant: (1) for any offense against the United States committed in their presence; or (2) when having reasonable cause to believe that the person to be arrested has committed or is committing a felony. Authorizes the CIA Director to make such personnel available to the DNI. Requires a report from the CIA Director to the intelligence committees describing the exercise of such authority.

(Sec. 423) Makes technical amendments relating to the title of certain CIA positions.

Subtitle C: Defense Intelligence Components - (Sec. 431) Deletes the requirement that the NSA must publicly identify to educational institutions students who are NSA employees participating in an undergraduate training program to facilitate the recruitment of individuals with skills critical to its mission.

(Sec. 432) Authorizes the NSA Director to designate NSA personnel to perform protective functions for the Director and any NSA personnel designated by the Director. Authorizes such protective personnel to make arrests without a warrant: (1) for any offense against the United States committed in their presence; or (2) when having reasonable cause to believe that the person to be arrested has committed or is committing a felony.

(Sec. 433) Amends the Inspector General Act of 1978 to require the heads of the NRO, DIA, NSA, and NGIA to appoint an independent inspector general for their agency (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. 434) 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. 435) Requires the NGIA, as directed by the DNI, to analyze, disseminate, and incorporate 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.

Subtitle D: Other Elements - (Sec. 441) Includes appropriate elements of the Coast Guard and DEA within the definition of "intelligence community."

Title V: Foreign Intelligence and Information Commission - Foreign Intelligence and Information Commission Act - (Sec. 504) Establishes in the legislative branch a Foreign Intelligence and Information Commission to undertake certain evaluations, and provide recommendations, relating to the collection, coordination, and reporting by the United States 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 intelligence committees. Terminates the Commission 60 days after its final report. Makes the Federal Advisory Committee Act inapplicable to the Commission. Provides FY2009 Commission funding from NIP funds.

Title VI: Technical Amendments - (Sec. 501) Makes technical and/or clarifying amendments to the Central Intelligence Agency Act of 1949, the National Defense Authorization Act for Fiscal Year 1991, the National Security Act of 1947, provisions relating to the Intelligence Reform and Terrorism Prevention Act of 2004, and provisions relating to pay levels of certain intelligence officials.