An amendment numbered 4 printed in House Report 109-438 to requires (1) the DNI to report to Congress on regulations issued by agencies within the Intelligence Community regarding minimum standards for hiring and training of contractors, functions appropriate for private sector contractors, and procedures for preventing waste, fraud, and abuse; (2) contractors awarded Intelligence Community contracts to provide a transparent accounting of their work to their contracting officers within Intelligence Community agencies; (3) the DNI to submit an annual report to Congress on the contracts awarded by Intelligence Community agencies; and (4) the DNI to make recommendations to Congress on enhancing the Intelligence Communitys ability to hire, promote, and retain highly qualified and experienced professional staff.

1. Adds SEC. 308. ACCOUNTABILITY IN INTELLIGENCE CONTRACTING at the end of title III

   Adds a section

   Inserted: SEC. 308. ACCOUNTABILITY IN INTELLIGENCE CONTRACTING.

   Inserted: (a) Report on Regulations Governing Intelligence Community Contracting.--

   Inserted: (1) Report requirement.--Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a report on regulations governing covered contracts under the National Intelligence Program and, at the discretion of the Director of National Intelligence, the Military Intelligence Program.

   Inserted: (2) Matters covered.--

   Inserted: (A) The report required by paragraph (1) shall include a description of any relevant regulations prescribed by the Director of National Intelligence or by the heads of agencies in the intelligence community, including those relating to the following matters:

   Inserted: (i) Types of functions or activities that may be appropriately carried out by contractors.

   Inserted: (ii) Minimum standards regarding the hiring, training, security clearance, and assignment of contract personnel.

   Inserted: (iii) Procedures for conducting oversight of covered contracts to ensure identification and prosecution of criminal violations; financial waste, fraud, or abuse; or other abuses committed by contractors or contract personnel.

   Inserted: (B) The report also shall include a description of progress made by the Director of National Intelligence in standardizing the regulations described in subparagraph (A) across the different agencies of the National Intelligence Program to the extent practicable.

   Inserted: (3) Form of report.--The report required by paragraph (1) shall be in unclassified form, but may contain a classified annex if necessary.

   Inserted: (b) Accountability Requirements for Contracts Awarded by Intelligence Community Agencies.--

   Inserted: (1) Information on intelligence activities to be performed.--Each covered contract in an amount greater than $1,000,000 shall require the contractor to provide to the contracting officer for the contract, not later than 5 days after award of the contract, the following information regarding intelligence activities performed under the contract:

   Show 27 more inserted paragraphsShow less

   Inserted: (A) Number of persons to be used to perform such functions.

   Inserted: (B) A description of how such persons are trained to carry out tasks specified under the contract relating to such functions.

   Inserted: (C) A description of each category of activity relating to such functions required by the contract.

   Inserted: (2) Updates.--The information provided under paragraph (1) shall be updated during contract performance as necessary.

   Inserted: (3) Information on costs.--Each covered contract shall include the following requirements:

   Inserted: (A) Upon award of the contract, the contractor shall provide to the contracting officer cost estimates of salary, benefits, insurance, materials, logistics, administrative costs, and other costs of carrying out intelligence activities under the contract.

   Inserted: (B) Before contract closeout (other than closeout of a firm, fixed price contract), the contractor shall provide to the contracting officer a report on the actual costs of carrying out intelligence activities under the contract, in the same categories as provided under subparagraph (A).

   Inserted: (c) Accountability Requirements for Contracting Agencies of the Intelligence Community.--

   Inserted: (1) Report requirement.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Director of National Intelligence shall submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a report containing the information described in paragraph (2) on contracting activities in the intelligence community.

   Inserted: (2) Matters covered.--The report required by paragraph (1) shall include the following information:

   Inserted: (A) A list of contracts awarded for intelligence activities by each agency in the intelligence community during the one-year period preceding the date of submission of the report.

   Inserted: (B) A description of the activities to be performed by contractors in fulfillment of each contract on the list under subparagraph (A), including whether such activities are classified or unclassified.

   Inserted: (C) The number of personnel carrying out work under each such contract.

   Inserted: (D) The estimated cost of performance of the work required by each such contract.

   Inserted: (d) Retention of Intelligence Community Professionals.--

   Inserted: (1) Report requirement.--Not later than 90 days after the date of the enactment of this Act, the Director of National of Intelligence shall submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a report on hiring, promotion, and retention of intelligence community professionals.

   Inserted: (2) Matters covered.-- The report required by paragraph (1) shall include the following:

   Inserted: (A) Recommendations regarding any bonuses, benefits, or other inducements that would help the intelligence community to hire, promote, and retain its professional workforce in order to compete effectively against the attraction of private sector opportunities.

   Inserted: (B) Recommendations regarding any policy changes, including changes to policies governing the awarding of security clearances, that may promote hiring, promotion, and retention of the intelligence community professional workforce.

   Inserted: (C) A description of any additional authority needed from Congress to implement the recommendations under subparagraphs (A) and (B).

   Inserted: (3) Form of report.--The report required by paragraph (1) shall be in unclassified form, but may contain a classified annex if necessary.

   Inserted: (e) Definitions.--In this section:

   Inserted: (1) Intelligence community.--The term "intelligence community" has the meaning given the term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).

   Inserted: (2) Covered contract.--The term "covered contract" means--

   Inserted: (A) a prime contract with any agency or office that is part of the intelligence community;

   Inserted: (B) a subcontract at any tier under any prime contract with an office or agency referred to in subparagraph (A); or

   Inserted: (C) a task order issued under a task or delivery order contract entered into by an office or agency referred to in subparagraph (A, if the work to be performed under the contract, subcontract, or task order includes intelligence activities to be performed either within or outside the United States.

   Original wording

   At the end of title III, add the following new section:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed