Sec. 326. NATIONAL INTELLIGENCE PROGRAM FUNDED ACQUISITIONS
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## SEC. 326 NATIONAL INTELLIGENCE PROGRAM FUNDED ACQUISITIONS Subsection
(n)of section 102A of the National Security Act of 1947 (50 U.S.C. 403-1) is amended by adding at the end the following new paragraph: > > #### “(4) > > > #####
(A)> > In addition to the authority referred to in paragraph (1), the Director of National Intelligence may authorize the head of an element of the intelligence community to exercise an acquisition authority referred to in section 3 or 8(a) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403c and 403j(a)) for an acquisition by such element that is more than 50 percent funded under the National Intelligence Program. > > > ##### “(B) > > The head of an element of the intelligence community may not exercise an authority referred to in subparagraph
(A)until— > > > ###### “(i) > > the head of such element (without delegation) submits to the Director of National Intelligence a written request that includes— > > > ###### “(I) > > a description of such authority requested to be exercised; > > > ###### “(II) > > an explanation of the need for such authority, including an explanation of the reasons that other authorities are insufficient; and > > > ###### “(III) > > a certification that the mission of such element would be— > > > ###### “(aa) > > impaired if such authority is not exercised; or > > > ###### “(bb) > > significantly and measurably enhanced if such authority is exercised; and > > > ###### “(ii) > > the Director of National Intelligence issues a written authorization that includes— > > > ##### “(I) > > a description of the authority referred to in subparagraph
(A)that is authorized to be exercised; and > > > ##### “(II) > > a justification to support the exercise of such authority. > > > ##### “(C) > > A request and authorization to exercise an authority referred to in subparagraph
(A)may be made with respect to an individual acquisition or with respect to a specific class of acquisitions described in the request and authorization referred to in subparagraph (B). > > > ##### “(D) > > > ######
(i)> > A request from a head of an element of the intelligence community located within one of the departments described in clause
(ii)to exercise an authority referred to in subparagraph
(A)shall be submitted to the Director of National Intelligence in accordance with any procedures established by the head of such department. > > > ###### “(ii) > > The departments described in this clause are the Department of Defense, the Department of Energy, the Department of Homeland Security, the Department of Justice, the Department of State, and the Department of the Treasury. > > > ##### “(E) > > > ######
(i)> > The head of an element of the intelligence community may not be authorized to utilize an authority referred to in subparagraph
(A)for a class of acquisitions for a period of more than 3 years, except that the Director of National Intelligence (without delegation) may authorize the use of such an authority for not more than 6 years. > > > ###### “(ii) > > Each authorization to utilize an authority referred to in subparagraph
(A)may be extended in accordance with the requirements of subparagraph
(B)for successive periods of not more than 3 years, except that the Director of National Intelligence (without delegation) may authorize an extension period of not more than 6 years. > > > ##### “(F) > > Subject to clauses
(i)and
(ii)of subparagraph (E), the Director of National Intelligence may only delegate the authority of the Director under subparagraphs
(A)through
(E)to the Principal Deputy Director of National Intelligence or a Deputy Director of National Intelligence. > > > ##### “(G) > > The Director of National Intelligence shall submit— > > > ###### “(i) > > to the congressional intelligence committees a notification of an authorization to exercise an authority referred to in subparagraph
(A)or an extension of such authorization that includes the written authorization referred to in subparagraph (B)(ii); and > > > ###### “(ii) > > to the Director of the Office of Management and Budget a notification of an authorization to exercise an authority referred to in subparagraph
(A)for an acquisition or class of acquisitions that will exceed $50,000,000 annually. > > > ##### “(H) > > Requests and authorizations to exercise an authority referred to in subparagraph
(A)shall remain available within the Office of the Director of National Intelligence for a period of at least 6 years following the date of such request or authorization. > > > ##### “(I) > > Nothing in this paragraph may be construed to alter or otherwise limit the authority of the Central Intelligence Agency to independently exercise an authority under section 3 or 8(a) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403c and 403j(a)).” > . ## Subtitle D Congressional Oversight, Plans, and Reports
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