124 STAT. 2684 PUBLIC LAW 111–259—OCT. 7, 2010 ‘‘(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 Depart- ment 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 subpara- graph (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 require- ments 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 notifica- tion 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 subpara- graph (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)).’’. Time period. Notifications.
