Subtitle D-Congressional Oversight, Plans, and Reports SEC. 331. NOTIFICATION PROCEDURES. (a) PROCEDURES.—Section 501(c) of the National Security Act of 1947 (50 U.S.C. 413(c)) is amended by striking “such procedures” and inserting “such written procedures”. (b) INTELLIGENCE ACTIVITIES.-Section 502(a)(2) of such Act (50 U.S.C. 413a(a)(2)) is amended by inserting “(including the legal basis under which the intelligence activity is being or was conducted)” after “concerning intelligence activities”. (c) COVERT ACTIONS.—Section 503 of such Act (50 U.S.C. 413b) is amended (1) in subsection (b)(2), by inserting “(including the legal basis under which the covert action is being or was conducted)” after “concerning covert actions”; (2) in subsection (c) (A) in paragraph (1), by inserting "in writing” after (B) in paragraph (4), by striking "committee. When” (C) in paragraph (5), as designated by subparagraph (i) in subparagraph (A), as so designated (I) by inserting or a notification provided under subsection (d)(1),” after “access to a finding”; (II) by inserting “written” before “statement”; and (ii) by adding at the end the following new subparagraph: "(B) Not later than 180 days after a statement of Deadline. reasons is submitted in accordance with subparagraph (A) President. or this subparagraph, the President shall ensure that, "(i) all members of the congressional intelligence committees are provided access to the finding or notification; or “(ii) a statement of reasons that it is essential to continue to limit access to such finding or such notification to to meet extraordinary circumstances graph (2)."; (A) by striking “(d) The President” and inserting “(d)(1) (B) in paragraph (1), as designated by subparagraph (A), by inserting “in writing” after “notified”; and (C) by adding at the end the following new paragraph: “(2) In determining whether an activity constitutes a significant undertaking for purposes of paragraph (1), the President shall consider whether the activity “(A) involves significant risk of loss of life; “(B) requires an expansion of existing authorities, including authorities relating to research, development, or operations; President. President. "(C) results in the expenditure of significant funds or other resources; “(D) requires notification under section 504; "(E) gives rise to a significant risk of disclosing intelligence sources or methods; or “(F) presents a reasonably foreseeable risk of serious damage to the diplomatic relations of the United States if such activity were disclosed without authorization.”; and (4) by adding at the end the following new subsection: "(g)(1) In any case where access to a finding reported under subsection (c) or notification provided under subsection (d)(1) is not made available to all members of a congressional intelligence committee in accordance with subsection (c)(2), the President shall notify all members of such committee that such finding or such notification has been provided only to the members specified in subsection (c)(2). “(2) In any case where access to a finding reported under subsection (c) or notification provided under subsection (d)(1) is not made available to all members of a congressional intelligence committee in accordance with subsection (c)(2), the President shall provide to all members of such committee a general description regarding the finding or notification, as applicable, consistent with the reasons for not yet fully informing all members of such committee. “(3) The President shall maintain “(A) a record of the members of Congress to whom a finding is reported under subsection (c) or notification is provided under subsection (d)(1) and the date on which each member of Congress receives such finding or notification; and “(B) each written statement provided under subsection (c)(5).”. Records. SEC. 332. CERTIFICATION OF COMPLIANCE WITH OVERSIGHT REQUIREMENTS. (a) IN GENERAL.—Title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.), as amended by section 325 of this Act, is further amended by adding at the end the following new section: "CERTIFICATION OF COMPLIANCE WITH OVERSIGHT REQUIREMENTS Deadline. “SEC. 508. The head of each element of the intelligence community shall annually submit to the congressional intelligence committees “(1) a certification that, to the best of the knowledge of the head of such element "(A) the head of such element is in full compliance with the requirements of this title; and "(B) any information required to be submitted by the head of such element under this Act before the date of the submission of such certification has been properly submitted; or “(2) if the head of such element is unable to submit a certification under paragraph (1), a statement “(A) of the reasons the head of such element is unable to submit such a certification; “(B) describing any information required to be submitted by the head of such element under this Act before 50 USC 415d the date of the submission of such statement that has "(C) that the head of such element will submit such such statement.”. (b) APPLICABILITY DATE.—The first certification or statement required to be submitted by the head of each element of the intelligence community under section 508 of the National Security Act of 1947, as added by subsection (a), shall be submitted not later than 90 days after the date of the enactment of this Act. (c) TABLE OF CONTENTS AMENDMENT.—The table of contents in the first section of the National Security Act of 1947, as amended by section 325 of this Act, is further amended by inserting after the item related to section 507 the following new item: “Sec. 508. Certification of compliance with oversight requirements.”. SEC. 333. REPORT ON DETENTION AND INTERROGATION ACTIVITIES. (a) REQUIREMENT FOR REPORT.-Not later than December 1, 2010, the Director of National Intelligence, in coordination with the Attorney General and the Secretary of Defense, shall submit to the congressional intelligence committees a comprehensive report containing (1) the policies and procedures of the United States Government governing participation by an element of the intelligence community in the interrogation of individuals detained by the United States who are suspected of international terrorism with the objective, in whole or in part, of acquiring national intelligence, including such policies and procedures of each appropriate element of the intelligence community or interagency body established to carry out interrogations; (2) the policies and procedures relating to any detention by the Central Intelligence Agency of such individuals in accordance with Executive Order 13491; (3) the legal basis for the policies and procedures referred to in paragraphs (1) and (2); (4) the training and research to support the policies and procedures referred to in paragraphs (1) and (2); and (5) any action that has been taken to implement section 1004 of the Detainee Treatment Act of 2005 (42 U.S.C. 2000dd1). (b) OTHER SUBMISSION OF REPORT. (1) CONGRESSIONAL ARMED SERVICES COMMITTEES.—To the extent that the report required by subsection (a) addresses an element of the intelligence community within the Department of Defense, the Director of National Intelligence, in consultation with the Secretary of Defense, shall submit that portion of the report, and any associated material that is necessary to make that portion understandable, to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. The Director of National Intelligence may authorize redactions of the report and any associated materials submitted pursuant to this paragraph, if such redactions are consistent with the protection of sensitive intelligence sources and methods. (2) CONGRESSIONAL JUDICIARY COMMITTEES.—To the extent that the report required by subsection (a) addresses an element of the intelligence community within the Department of Justice, Public information. 50 USC 404 note. the Director of National Intelligence, in consultation with the Attorney General, shall submit that portion of the report, and any associated material that is necessary to make that portion understandable, to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. The Director of National Intelligence may authorize redactions of the report and any associated materials submitted pursuant to this paragraph, if such redactions are consistent with the protection of sensitive intelligence sources and methods. (c) FORM OF SUBMISSIONS.—Any submission required under this section may be submitted in classified form. SEC. 334. SUMMARY OF INTELLIGENCE RELATING TO TERRORIST RECIDIVISM OF DETAINEES HELD AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA. Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Director of the Central Intelligence Agency and the Director of the Defense Intelligence Agency, shall make publicly available an unclassified summary of (1) intelligence relating to recidivism of detainees currently or formerly held at the Naval Detention Facility at Guantanamo Bay, Cuba, by the Department of Defense; and (2) an assessment of the likelihood that such detainees will engage in terrorism or communicate with persons in ter rorist organizations. SEC. 335. REPORT AND STRATEGIC PLAN ON BIOLOGICAL WEAPONS. (a) REQUIREMENT FOR REPORT.-Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report on (1) the intelligence collection efforts of the United States dedicated to assessing the threat from biological weapons from state, nonstate, or rogue actors, either foreign or domestic; and (2) efforts to protect the biodefense knowledge and infrastructure of the United States. (b) CONTENT.—The report required by subsection (a) shall include (1) an assessment of the intelligence collection efforts of the United States dedicated to detecting the development or use of biological weapons by state, nonstate, or rogue actors, either foreign or domestic; (2) information on fiscal, human, technical, open-source, and other intelligence collection resources of the United States dedicated for use to detect or protect against the threat of biological weapons; (3) an assessment of any problems that may reduce the overall effectiveness of United States intelligence collection and analysis to identify and protect biological weapons targets, including (A) intelligence collection gaps or inefficiencies; (C) inadequate cooperation among departments or agencies of the United States; (4) a strategic plan prepared by the Director of National Intelligence, in coordination with the Attorney General, the Secretary of Defense, and the Secretary of Homeland Security, that provides for actions for the appropriate elements of the intelligence community to close important intelligence gaps related to biological weapons; (5) a description of appropriate goals, schedules, milestones, or metrics to measure the long-term effectiveness of actions implemented to carry out the plan described in paragraph (4); and (6) any long-term resource and human capital issues related to the collection of intelligence regarding biological weapons, including any recommendations to address shortfalls of experienced and qualified staff possessing relevant scientific, language, and technical skills. (c) IMPLEMENTATION OF STRATEGIC PLAN.—Not later than 30 Deadline. days after the date on which the Director of National Intelligence submits the report required by subsection (a), the Director shall begin implementation of the strategic plan referred to in subsection (b)(4). new SEC. 336. CYBERSECURITY OVERSIGHT. 6 USC 121 note. (a) NOTIFICATION OF CYBERSECURITY PROGRAMS. — (1) REQUIREMENT FOR NOTIFICATION. Deadlines. (A) EXISTING PROGRAMS.—Not later than 30 days after President. the date of the enactment of this Act, the President shall submit to Congress a notification for each cybersecurity program in operation on such date that includes the documentation referred to in subparagraphs (A) through (F) of paragraph (2). (B) NEW PROGRAMS.—Not later than 30 days after the date of the commencement of operations of a cybersecurity program, the President shall submit to Congress a notification of such commencement that includes the documentation referred to in subparagraphs (A) through (F) of paragraph (2). (2) DOCUMENTATION.—A notification required by paragraph (1) for a cybersecurity program shall include (A) the legal basis for the cybersecurity program; (B) the certification, if any, made pursuant to section Certification. 2511(2)(a)(ii)(B) of title 18, United States Code, or other statutory certification of legality for the cybersecurity program; (C) the concept for the operation of the cybersecurity program that is approved by the head of the appropriate department or agency of the United States; (D) the assessment, if any, of the privacy impact of the cybersecurity program prepared by the privacy or civil liberties protection officer or comparable officer of such department or agency; (E) the plan, if any, for independent audit or review of the cybersecurity program to be carried out by the head of such department or agency, in conjunction with the appropriate inspector general; and (F) recommendations, if any, for legislation to improve the capabilities of the United States Government to protect the cybersecurity of the United States. |