II 

Calendar No. 120 

111TH CONGRESS 

1ST SESSION S. 1494 

[Report No. 111–55] 

To authorize appropriations for fiscal year 2010 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2009 

Mrs. FEINSTEIN, from the Select Committee on Intelligence, reported the 

following original bill; which was read twice and placed on the calendar 

A BILL 

To authorize appropriations for fiscal year 2010 for intelligence and intelligence-related activities of the United 

States Government, the Community Management Account, and the Central Intelligence Agency Retirement 

and Disability System, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Intelligence Authorization Act for Fiscal Year 2010’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—BUDGET AND PERSONNEL AUTHORIZATIONS 

Sec. 101. Authorization of appropriations. 

Sec. 102. Classified Schedule of Authorizations. 

Sec. 103. Personnel ceiling adjustments. 

Sec. 104. Intelligence Community Management Account. 

Sec. 105. Restriction on conduct of intelligence activities. 

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 

DISABILITY SYSTEM 

Sec. 201. Authorization of appropriations. 

Sec. 202. Technical modification to mandatory retirement provision of the Central Intelligence Agency Retirement Act. 

TITLE III—GENERAL INTELLIGENCE COMMUNITY MATTERS 

Subtitle A—Personnel Matters 

Sec. 301. Increase in employee compensation and benefits authorized by law. 

Sec. 302. Enhanced flexibility in details to elements of the intelligence community. 

Sec. 303. Enhancement of authority of the Director of National Intelligence for 

flexible personnel management among the elements of the intelligence community. 

Sec. 304. Award of rank to members of the Senior National Intelligence Service. 

Sec. 305. Annual personnel level assessments for the intelligence community. 

Sec. 306. Temporary personnel authorizations for critical language training. 

Subtitle B—Education Programs 

Sec. 311. Permanent authorization for the Pat Roberts Intelligence Scholars 

Program. 

Sec. 312. Modifications to the Louis Stokes Educational Scholarship Program. 

Sec. 313. Intelligence officer education programs. 

Sec. 314. Review and report on education programs. 

Subtitle C—Acquisition Matters 

Sec. 321. Vulnerability assessments of major systems. 

Sec. 322. Intelligence community business system transformation. 

Sec. 323. Reports on the acquisition of major systems. 

Sec. 324. Excessive cost growth of major systems. 

Sec. 325. Future budget projections. 

Sec. 326. National Intelligence Program funded acquisitions. 

Subtitle D—Congressional Oversight, Plans, and Reports 

Sec. 331. General congressional oversight. 


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Sec. 332. Improvement of notification of Congress regarding intelligence activities of the United States. 

Sec. 333. Requirement to provide legal authority for intelligence activities. 

Sec. 334. Additional limitation on availability of funds for intelligence and intelligence-related activities. 

Sec. 335. Audits of intelligence community by Government Accountability Office. 

Sec. 336. Report on compliance with laws, international obligations, and Executive orders on the detention and interrogation activities of the 

intelligence community. 

Sec. 337. Reports on national security threat posed by Guantanamo Bay detainees. 

Sec. 338. Report on retirement benefits for former employees of Air America. 

Sec. 339. Report and strategic plan on biological weapons. 

Sec. 340. Cybersecurity oversight. 

Sec. 341. Sense of the Senate on a subcommittee related to intelligence appropriations. 

Sec. 342. Repeal or modification of certain reporting requirements. 

Subtitle E—Other Matters 

Sec. 351. Extension of authority to delete information about receipt and disposition of foreign gifts and decorations. 

Sec. 352. Exemption of dissemination of terrorist identity information from 

Freedom of Information Act. 

Sec. 353. Modification of availability of funds for different intelligence activities. 

Sec. 354. Limitation on reprogrammings and transfers of funds. 

Sec. 355. Protection of certain national security information. 

Sec. 356. National Intelligence Program budget request. 

Sec. 357. Improving the review authority of the Public Interest Declassification 

Board. 

Sec. 358. Authority to designate undercover operations to collect foreign intelligence or counterintelligence. 

Sec. 359. Correcting long-standing material weaknesses. 

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE 

INTELLIGENCE COMMUNITY 

Subtitle A—Office of the Director of National Intelligence 

Sec. 401. Accountability reviews by the Director of National Intelligence. 

Sec. 402. Authorities for intelligence information sharing. 

Sec. 403. Authorities for interagency funding. 

Sec. 404. Location of the Office of the Director of National Intelligence. 

Sec. 405. Additional duties of the Director of Science and Technology. 

Sec. 406. Title and appointment of Chief Information Officer of the Intelligence 

Community. 

Sec. 407. Inspector General of the Intelligence Community. 

Sec. 408. Chief Financial Officer of the Intelligence Community. 

Sec. 409. Leadership and location of certain offices and officials. 

Sec. 410. National Space Intelligence Office. 

Sec. 411. Operational files in the Office of the Director of National Intelligence. 

Sec. 412. Counterintelligence initiatives for the intelligence community. 

Sec. 413. Applicability of the Privacy Act to the Director of National Intelligence and the Office of the Director of National Intelligence. 


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Sec. 414. Inapplicability of Federal Advisory Committee Act to advisory committees of the Office of the Director of National Intelligence. 

Sec. 415. Membership of the Director of National Intelligence on the Transportation Security Oversight Board. 

Sec. 416. Repeal of certain authorities relating to the Office of the National 

Counterintelligence Executive. 

Sec. 417. Misuse of the Office of the Director of National Intelligence name, 

initials, or seal. 

Subtitle B—Central Intelligence Agency 

Sec. 421. Additional functions and authorities for protective personnel of the 

Central Intelligence Agency. 

Sec. 422. Appeals from decisions involving contracts of the Central Intelligence 

Agency. 

Sec. 423. Deputy Director of the Central Intelligence Agency. 

Sec. 424. Authority to authorize travel on a common carrier. 

Sec. 425. Inspector General for the Central Intelligence Agency. 

Sec. 426. Budget of the Inspector General for the Central Intelligence Agency. 

Sec. 427. Public availability of unclassified versions of certain intelligence products. 

Subtitle C—Defense Intelligence Components 

Sec. 431. Inspector general matters. 

Sec. 432. Confirmation of appointment of heads of certain components of the 

intelligence community. 

Sec. 433. Clarification of national security missions of National Geospatial-Intelligence Agency for analysis and dissemination of certain intelligence information. 

Sec. 434. Defense Intelligence Agency counterintelligence and expenditures. 

Subtitle D—Other Elements 

Sec. 441. Codification of additional elements of the intelligence community. 

Sec. 442. Authorization of appropriations for Coast Guard National Tactical 

Integration Office. 

Sec. 443. Retention and relocation bonuses for the Federal Bureau of Investigation. 

Sec. 444. Extending the authority of the Federal Bureau of Investigation to 

waive mandatory retirement provisions. 

Sec. 445. Report and assessments on transformation of the intelligence capabilities of the Federal Bureau of Investigation. 

TITLE V—REORGANIZATION OF THE DIPLOMATIC 

TELECOMMUNICATIONS SERVICE PROGRAM OFFICE 

Sec. 501. Reorganization of the Diplomatic Telecommunications Service Program Office. 

TITLE VI—FOREIGN INTELLIGENCE AND INFORMATION 

COMMISSION ACT 

Sec. 601. Short title. 

Sec. 602. Definitions. 

Sec. 603. Findings. 

Sec. 604. Establishment and functions of the Commission. 


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Sec. 605. Members and staff of the Commission. 

Sec. 606. Powers and duties of the Commission. 

Sec. 607. Report of the Commission. 

Sec. 608. Termination. 

Sec. 609. Nonapplicability of Federal Advisory Committee Act. 

Sec. 610. Funding. 

TITLE VII—TECHNICAL AMENDMENTS 

Sec. 701. Technical amendments to the Foreign Intelligence Surveillance Act of 

1978. 

Sec. 702. Technical amendments to the Central Intelligence Agency Act of 

1949. 

Sec. 703. Technical amendments to title 10, United States Code. 

Sec. 704. Technical amendments to the National Security Act of 1947. 

Sec. 705. Technical amendments relating to the multiyear National Intelligence 

Program. 

Sec. 706. Technical amendments to the Intelligence Reform and Terrorism Prevention Act of 2004. 

Sec. 707. Technical amendments to the Executive Schedule. 

Sec. 708. Technical amendments to section 105 of the Intelligence Authorization Act for Fiscal Year 2004. 

Sec. 709. Technical amendments to section 602 of the Intelligence Authorization Act for Fiscal Year 1995. 

Sec. 710. Technical amendments to section 403 of the Intelligence Authorization Act, Fiscal Year 1992. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CONGRESSIONAL INTELLIGENCE COMMIT4 TEES.—The term ‘‘congressional intelligence com5 mittees’’ means— 

6 (A) the Select Committee on Intelligence of 

7 the Senate; and 

8 (B) the Permanent Select Committee on 

9 Intelligence of the House of Representatives. 

10 (2) INTELLIGENCE COMMUNITY.—The term 

11 ‘‘intelligence community’’ has the meaning given 

12 that term in section 3(4) of the National Security 

13 Act of 1947 (50 U.S.C. 401a(4)). 


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1 TITLE I—BUDGET AND 

2 PERSONNEL AUTHORIZATIONS 

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2010 for the conduct of the intelligence and 

6 intelligence-related activities of the following elements of 

7 the United States Government: 

8 (1) The Office of the Director of National Intel9 ligence. 

10 (2) The Central Intelligence Agency. 

11 (3) The Department of Defense. 

12 (4) The Defense Intelligence Agency. 

13 (5) The National Security Agency. 

14 (6) The Department of the Army, the Depart15 ment of the Navy, and the Department of the Air 

16 Force. 

17 (7) The Coast Guard. 

18 (8) The Department of State. 

19 (9) The Department of the Treasury. 

20 (10) The Department of Energy. 

21 (11) The Department of Justice. 

22 (12) The Federal Bureau of Investigation. 

23 (13) The Drug Enforcement Administration. 

24 (14) The National Reconnaissance Office. 


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1 (15) The National Geospatial-Intelligence Agen2 cy. 

3 (16) The Department of Homeland Security. 

4 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

5 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

6 LEVELS.—The amounts authorized to be appropriated 

7 under section 101 and, subject to section 103, the author8 ized personnel levels (expressed as full-time equivalent po9 sitions) as of September 30, 2010, for the conduct of the 

10 intelligence activities of the elements listed in paragraphs 

11 (1) through (16) of section 101, are those specified in the 

12 classified Schedule of Authorizations prepared to accom13 pany the conference report on the bill ll of the One 

14 Hundred Eleventh Congress. 

15 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU16 THORIZATIONS.—The classified Schedule of Authoriza17 tions referred to in subsection (a) shall be made available 

18 to the Committee on Appropriations of the Senate, the 

19 Committee on Appropriations of the House of Representa20 tives, and to the President. The President shall provide 

21 for suitable distribution of the Schedule, or of appropriate 

22 portions of the Schedule, within the executive branch. 

23 SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 

24 (a) AUTHORITY FOR INCREASES.—The Director of 

25 National Intelligence may authorize the employment of ciVerDate Nov 24 2008 00:17 Jul 23, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1494.PCS S1494

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1 vilian personnel in excess of the number of full-time equiv2 alent positions for fiscal year 2010 authorized by the clas3 sified Schedule of Authorizations referred to in section 

4 102(a) if the Director of National Intelligence determines 

5 that such action is necessary to the performance of impor6 tant intelligence functions, except that the number of per7 sonnel employed in excess of the number authorized under 

8 such section may not, for any element of the intelligence 

9 community, exceed 5 percent of the number of civilian per10 sonnel authorized under such section for such element. 

11 (b) AUTHORITY FOR CONVERSION OF ACTIVITIES

12 PERFORMED BY CONTRACT PERSONNEL.— 

13 (1) IN GENERAL.—In addition to the authority 

14 in subsection (a) and subject to paragraph (2), if the 

15 head of an element of the intelligence community 

16 makes a determination that activities currently being 

17 performed by contract personnel should be per18 formed by employees of such element, the Director 

19 of National Intelligence, in order to reduce a com20 parable number of contract personnel, may authorize 

21 for that purpose employment of additional full-time 

22 equivalent personnel in such element equal to the 

23 number of full-time equivalent contract personnel 

24 performing such activities. 


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1 (2) CONCURRENCE AND APPROVAL.—The au2 thority described in paragraph (1) may not be exer3 cised unless the Director of National Intelligence 

4 concurs with the determination described in such 

5 paragraph. 

6 (c) TREATMENT OF CERTAIN PERSONNEL.—The Di7 rector of National Intelligence shall establish guidelines 

8 that govern, for each element of the intelligence commu9 nity, the treatment under the personnel levels authorized 

10 under section 102(a), including any exemption from such 

11 personnel levels, of employment or assignment in— 

12 (1) a student program, trainee program, or 

13 similar program; 

14 (2) a reserve corps or as a reemployed annu15 itant; or 

16 (3) details, joint duty, or long term, full-time 

17 training. 

18 (d) NOTICE TO CONGRESSIONAL INTELLIGENCE

19 COMMITTEES.—The Director of National Intelligence 

20 shall notify the congressional intelligence committees in 

21 writing at least 15 days prior to the initial exercise of an 

22 authority described in subsection (a) or (b). 


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1 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC2 COUNT. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated for the Intelligence Commu5 nity Management Account of the Director of National In6 telligence for fiscal year 2010 the sum of $786,812,000. 

7 Within such amount, funds identified in the classified 

8 Schedule of Authorizations referred to in section 102(a) 

9 for advanced research and development shall remain avail10 able until September 30, 2011. 

11 (b) AUTHORIZED PERSONNEL LEVELS.—The ele12 ments within the Intelligence Community Management 

13 Account of the Director of National Intelligence are au14 thorized 792 full-time equivalent personnel as of Sep15 tember 30, 2010. Personnel serving in such elements may 

16 be permanent employees of the Office of the Director of 

17 National Intelligence or personnel detailed from other ele18 ments of the United States Government. 

19 (c) CONSTRUCTION OF AUTHORITIES.—The authori20 ties available to the Director of National Intelligence 

21 under section 103 are also available to the Director for 

22 the adjustment of personnel levels within the Intelligence 

23 Community Management Account. 

24 (d) CLASSIFIED AUTHORIZATIONS.— 

25 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

26 addition to amounts authorized to be appropriated 


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1 for the Intelligence Community Management Ac2 count by subsection (a), there are authorized to be 

3 appropriated for the Community Management Ac4 count for fiscal year 2010 such additional amounts 

5 as are specified in the classified Schedule of Author6 izations referred to in section 102(a). Such addi7 tional amounts for advanced research and develop8 ment shall remain available until September 30, 

9 2011. 

10 (2) AUTHORIZATION OF PERSONNEL.—In addi11 tion to the personnel authorized by subsection (b) 

12 for elements of the Intelligence Community Manage13 ment Account as of September 30, 2010, there are 

14 authorized such additional full-time equivalent per15 sonnel for the Community Management Account as 

16 of that date as are specified in the classified Sched17 ule of Authorizations referred to in section 102(a). 

18 SEC. 105. RESTRICTION ON CONDUCT OF INTELLIGENCE 

19 ACTIVITIES. 

20 The authorization of appropriations by this Act shall 

21 not be deemed to constitute authority for the conduct of 

22 any intelligence activity which is not otherwise authorized 

23 by the Constitution or the laws of the United States. 


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1 TITLE II—CENTRAL INTEL2 LIGENCE AGENCY RETIRE3 MENT AND DISABILITY SYS4 TEM 

5 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

6 There is authorized to be appropriated for the Cen7 tral Intelligence Agency Retirement and Disability Fund 

8 for fiscal year 2010 the sum of $290,900,000. 

9 SEC. 202. TECHNICAL MODIFICATION TO MANDATORY RE10 TIREMENT PROVISION OF THE CENTRAL IN11 TELLIGENCE AGENCY RETIREMENT ACT. 

12 Subparagraph (A) of section 235(b)(1) of the Central 

13 Intelligence Agency Retirement Act (50 U.S.C. 

14 2055(b)(1)) is amended by striking ‘‘receiving compensa15 tion under the Senior Intelligence Service pay schedule at 

16 the rate’’ and inserting ‘‘who is at the Senior Intelligence 

17 Service rank’’. 

18 TITLE III—GENERAL INTEL19 LIGENCE COMMUNITY MAT20 TERS 

21 Subtitle A—Personnel Matters 

22 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND 

23 BENEFITS AUTHORIZED BY LAW. 

24 Appropriations authorized by this Act for salary, pay, 

25 retirement, and other benefits for Federal employees may 


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1 be increased by such additional or supplemental amounts 

2 as may be necessary for increases in such compensation 

3 or benefits authorized by law. 

4 SEC. 302. ENHANCED FLEXIBILITY IN DETAILS TO ELE5 MENTS OF THE INTELLIGENCE COMMUNITY. 

6 Except as provided in section 113 of the National Se7 curity Act of 1947 (50 U.S.C. 404h) and section 

8 904(g)(2) of the Counterintelligence Enhancement Act of 

9 2002 (title IX of Public Law 107–306; 50 U.S.C. 

10 402c(g)(2)) and notwithstanding any other provision of 

11 law, an officer or employee of the United States or mem12 ber of the Armed Forces may be detailed to the staff of 

13 an element of the intelligence community funded through 

14 the National Intelligence Program from another element 

15 of the intelligence community or from another element of 

16 the United States Government on a reimbursable or non17 reimbursable basis, as jointly agreed to by the head of the 

18 receiving element and the head of the detailing element 

19 (or the designees of such officials), for a period not to 

20 exceed 3 years. 


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1 SEC. 303. ENHANCEMENT OF AUTHORITY OF THE DIREC2 TOR OF NATIONAL INTELLIGENCE FOR 

3 FLEXIBLE PERSONNEL MANAGEMENT 

4 AMONG THE ELEMENTS OF THE INTEL5 LIGENCE COMMUNITY. 

6 Section 102A of the National Security Act of 1947 

7 (50 U.S.C. 403–1) is amended by adding at the end the 

8 following new subsections: 

9 ‘‘(s) AUTHORITY TO ESTABLISH POSITIONS IN EX10 CEPTED SERVICE.—(1) The Director of National Intel11 ligence may, with the concurrence of the head of the de12 partment or agency concerned and in coordination with 

13 the Director of the Office of Personnel Management— 

14 ‘‘(A) convert competitive service positions, and 

15 the incumbents of such positions, within an element 

16 of the intelligence community to excepted service po17 sitions as the Director of National Intelligence deter18 mines necessary to carry out the intelligence func19 tions of such element; and 

20 ‘‘(B) establish the classification and ranges of 

21 rates of basic pay for positions so converted, not22 withstanding otherwise applicable laws governing the 

23 classification and rates of basic pay for such posi24 tions. 

25 ‘‘(2)(A) At the request of the Director of National 

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1 tablish new positions in the excepted service within an ele2 ment of such department or agency that is part of the 

3 intelligence community if the Director determines that 

4 such positions are necessary to carry out the intelligence 

5 functions of such element. 

6 ‘‘(B) The Director of National Intelligence may es7 tablish the classification and ranges of rates of basic pay 

8 for any position established under subparagraph (A), not9 withstanding otherwise applicable laws governing the clas10 sification and rates of basic pay for such positions. 

11 ‘‘(3) The head of the department or agency concerned 

12 is authorized to appoint individuals for service in positions 

13 converted under paragraph (1) or established under para14 graph (2) without regard to the provisions of chapter 33 

15 of title 5, United States Code, governing appointments in 

16 the competitive service, and to fix the compensation of 

17 such individuals within the applicable ranges of rates of 

18 basic pay established by the Director of National Intel19 ligence. 

20 ‘‘(4) The maximum rate of basic pay established 

21 under this subsection is the rate for level III of the Execu22 tive Schedule under section 5314 of title 5, United States 

23 Code. 

24 ‘‘(5) Not later than 60 days prior to the date that 

25 Director of National Intelligence will convert a position 


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1 under paragraph (1) or establish a position under para2 graph (2), the Director shall submit to the congressional 

3 intelligence committees a notification of such conversion 

4 or establishment. 

5 ‘‘(t) PAY AUTHORITY FOR CRITICAL POSITIONS.—(1) 

6 Notwithstanding any pay limitation established under any 

7 other provision of law applicable to employees in elements 

8 of the intelligence community, the Director of National In9 telligence may, in coordination with the Director of the 

10 Office of Personnel Management and the Director of the 

11 Office of Management and Budget, grant authority to fix 

12 the rate of basic pay for 1 or more positions within the 

13 intelligence community at a rate in excess of any applica14 ble limitation, subject to the provisions of this subsection. 

15 The exercise of authority so granted is at the discretion 

16 of the head of the department or agency employing the 

17 individual in a position covered by such authority, subject 

18 to the provisions of this subsection and any conditions es19 tablished by the Director of National Intelligence when 

20 granting such authority. 

21 ‘‘(2) Authority under this subsection may be granted 

22 or exercised only— 

23 ‘‘(A) with respect to a position which requires 

24 an extremely high level of expertise and is critical to 


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1 successful accomplishment of an important mission; 

2 and 

3 ‘‘(B) to the extent necessary to recruit or retain 

4 an individual exceptionally well qualified for the po5 sition. 

6 ‘‘(3) A rate of basic pay may not be fixed under this 

7 subsection at a rate greater than the rate payable for level 

8 II of the Executive Schedule under section 5313 of title 

9 5, United States Code, except upon written approval of 

10 the Director of National Intelligence or as otherwise au11 thorized by law. 

12 ‘‘(4) A rate of basic pay may not be fixed under this 

13 subsection at a rate greater than the rate payable for level 

14 I of the Executive Schedule under section 5312 of title 

15 5, United States Code, except upon written approval of 

16 the President in response to a request by the Director of 

17 National Intelligence or as otherwise authorized by law. 

18 ‘‘(5) Any grant of authority under this subsection for 

19 a position shall terminate at the discretion of the Director 

20 of National Intelligence. 

21 ‘‘(6) The Director of National Intelligence shall notify 

22 the congressional intelligence committees within 30 days 

23 of any grant or exercise of authority under this subsection. 

24 ‘‘(u) EXTENSION OF FLEXIBLE PERSONNEL MAN25 AGEMENT AUTHORITIES.—(1) Notwithstanding any other 


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1 provision of law, in order to ensure the equitable treat2 ment of employees across the intelligence community, the 

3 Director of National Intelligence may, with the concur4 rence of the head of the department or agency concerned, 

5 or for those matters that fall under the responsibilities of 

6 the Office of Personnel Management under statute or ex7 ecutive order, in coordination with the Director of the Of8 fice of Personnel Management, authorize 1 or more ele9 ments of the intelligence community to adopt compensa10 tion authority, performance management authority, and 

11 scholarship authority that have been authorized for an12 other element of the intelligence community if the Director 

13 of National Intelligence— 

14 ‘‘(A) determines that the adoption of such au15 thority would improve the management and perform16 ance of the intelligence community; and 

17 ‘‘(B) submits to the congressional intelligence 

18 committees, not later than 60 days before such au19 thority is to take effect, notice of the adoption of 

20 such authority by such element or elements, includ21 ing the authority to be so adopted, and an estimate 

22 of the costs associated with the adoption of such au23 thority. 

24 ‘‘(2) To the extent that an existing compensation au25 thority within the intelligence community is limited to a 


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1 particular category of employees or a particular situation, 

2 the authority may be adopted in another element of the 

3 intelligence community under this subsection only for em4 ployees in an equivalent category or in an equivalent situa5 tion. 

6 ‘‘(3) In this subsection, the term ‘compensation au7 thority’ means authority involving basic pay (including po8 sition classification), premium pay, awards, bonuses, in9 centives, allowances, differentials, student loan repay10 ments, and special payments, but does not include authori11 ties as follows: 

12 ‘‘(A) Authorities related to benefits such as 

13 leave, severance pay, retirement, and insurance. 

14 ‘‘(B) Authority to grant a rank award by the 

15 President under section 4507, 4507a, or 3151(c) of 

16 title 5, United States Code, or any other provision 

17 of law. 

18 ‘‘(C) Compensation authorities and performance 

19 management authorities provided under provisions of 

20 law relating to the Senior Executive Service.’’. 

21 SEC. 304. AWARD OF RANK TO MEMBERS OF THE SENIOR 

22 NATIONAL INTELLIGENCE SERVICE. 

23 Section 102A of the National Security Act of 1947 

24 (50 U.S.C. 403–1), as amended by section 303, is further 

25 amended by adding at the end the following: 


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1 ‘‘(v) AWARD OF RANK TO MEMBERS OF THE SENIOR

2 NATIONAL INTELLIGENCE SERVICE.—The President, 

3 based on the recommendations of the Director of National 

4 Intelligence, may award ranks to members of the Senior 

5 National Intelligence Service and other intelligence com6 munity senior civilian officers not already covered by such 

7 a rank award program in a manner consistent with the 

8 provisions of section 4507 of title 5, United States Code. 

9 The award of such rank shall be made per the direction 

10 of the Director of National Intelligence and in a manner 

11 consistent with the provisions of such section 4507.’’. 

12 SEC. 305. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR 

13 THE INTELLIGENCE COMMUNITY. 

14 (a) ASSESSMENT.—Title V of the National Security 

15 Act of 1947 (50 U.S.C. 413 et seq.) is amended by insert16 ing after section 506A the following new section: 

17 ‘‘SEC. 506B. ANNUAL PERSONNEL LEVEL ASSESSMENTS 

18 FOR THE INTELLIGENCE COMMUNITY. 

19 ‘‘(a) REQUIREMENT TO PROVIDE.—The Director of 

20 National Intelligence shall for the Office of the Director 

21 of National Intelligence and, in consultation with the head 

22 of the element of the intelligence community concerned, 

23 prepare an annual personnel level assessment for such ele24 ment of the intelligence community that assesses the per25 sonnel levels for each such element for the fiscal year folVerDate Nov 24 2008 00:17 Jul 23, 2009 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S1494.PCS S1494

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1 lowing the fiscal year in which the assessment is sub2 mitted. 

3 ‘‘(b) SCHEDULE.—Each assessment required by sub4 section (a) shall be submitted to the congressional intel5 ligence committees each year along with the budget sub6 mitted by the President under section 1105 of title 31, 

7 United States Code. 

8 ‘‘(c) CONTENTS.—Each assessment required by sub9 section (a) submitted during a fiscal year shall contain the 

10 following information for the element of the intelligence 

11 community concerned: 

12 ‘‘(1) The budget submission for personnel costs 

13 for the upcoming fiscal year. 

14 ‘‘(2) The dollar and percentage increase or de15 crease of such costs as compared to the personnel 

16 costs of the current fiscal year. 

17 ‘‘(3) The dollar and percentage increase or de18 crease of such costs as compared to the personnel 

19 costs during the prior 5 fiscal years. 

20 ‘‘(4) The number of full-time equivalent posi21 tions that is the basis for which personnel funds are 

22 requested for the upcoming fiscal year. 

23 ‘‘(5) The numerical and percentage increase or 

24 decrease of such number as compared to the number 


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1 of full-time equivalent positions of the current fiscal 

2 year. 

3 ‘‘(6) The numerical and percentage increase or 

4 decrease of such number as compared to the number 

5 of full-time equivalent positions during the prior 5 

6 fiscal years. 

7 ‘‘(7) The best estimate of the number and costs 

8 of contract personnel to be funded by the element 

9 for the upcoming fiscal year. 

10 ‘‘(8) The numerical and percentage increase or 

11 decrease of such costs of contract personnel as com12 pared to the best estimate of the costs of contract 

13 personnel of the current fiscal year. 

14 ‘‘(9) The numerical and percentage increase or 

15 decrease of such costs of contract personnel as com16 pared to the cost of contract personnel, and the 

17 number of contract personnel, during the prior 5 fis18 cal years. 

19 ‘‘(10) A justification for the requested per20 sonnel and contract personnel levels. 

21 ‘‘(11) The number of intelligence collectors and 

22 analysts employed or contracted by each element of 

23 the intelligence community. 

24 ‘‘(12) A list of all contract personnel who have 

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1 pleted by the inspector general of any element of the 

2 intelligence community during the preceding fiscal 

3 year, or are or have been the subject of an investiga4 tion or review by such an inspector general during 

5 the current fiscal year. 

6 ‘‘(13) A statement by the Director of National 

7 Intelligence that, based on current and projected 

8 funding, the element concerned will have sufficient— 

9 ‘‘(A) internal infrastructure to support the 

10 requested personnel and contract personnel lev11 els; 

12 ‘‘(B) training resources to support the re13 quested personnel levels; and 

14 ‘‘(C) funding to support the administrative 

15 and operational activities of the requested per16 sonnel levels.’’. 

17 (b) APPLICABILITY DATE.—The first assessment re18 quired to be submitted under section 506B(b) of the Na19 tional Security Act of 1947, as added by subsection (a), 

20 shall be submitted with the budget for fiscal year 2011 

21 submitted to Congress by the President under section 

22 1105 of title 31, United States Code. 

23 (c) TABLE OF CONTENTS AMENDMENT.—The table 

24 of contents in the first section of the National Security 


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1 Act of 1947 is amended by inserting after the item relat2 ing to section 506A the following new item: 

‘‘Sec. 506B. Annual personnel levels assessment for the intelligence community.’’. 

3 SEC. 306. TEMPORARY PERSONNEL AUTHORIZATIONS FOR 

4 CRITICAL LANGUAGE TRAINING. 

5 (a) FINDINGS.—Congress makes the following find6 ings: 

7 (1) In 2009, eight years after the terrorist at8 tacks of September 11, 2001, the intelligence com9 munity continues to lack an adequate supply of per10 sonnel trained in critical foreign languages. 

11 (2) A number of elements of the intelligence 

12 community are attempting to address that lack of 

13 supply by recruiting applicants who can speak, read, 

14 and understand critical foreign languages. 

15 (3) Leaders in the intelligence community have 

16 recognized that improved recruiting practices are 

17 only a partial solution and that improved language 

18 training for current intelligence community employ19 ees is also necessary. 

20 (4) While language education and instruction 

21 provides long-term benefits for both intelligence 

22 agencies and individual employees, it has short-term 

23 costs for supervisors whose staff are absent due to 

24 language training and could provide supervisors with 


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1 an incentive to resist allowing individual employees 

2 to pursue language training. 

3 (5) If the head of an element of the intelligence 

4 community was able to increase the number of per5 sonnel at that element during the period that an em6 ployee is participating in language training, that ele7 ment would not have to sacrifice short-term prior8 ities to address language training needs. 

9 (6) The Director of National Intelligence is 

10 uniquely situated to evaluate language training 

11 needs across the intelligence community and assess 

12 whether that training would be enhanced if elements 

13 of the intelligence community were given temporary 

14 additional personnel authorizations. 

15 (7) The intelligence community has a difficult 

16 time finding, training, and providing security clear17 ances to native foreign language speakers who are 

18 able to serve as translators and it would be bene19 ficial if all elements of the intelligence community 

20 were able to harness the capabilities of these individ21 uals. 

22 (8) The Director of National Intelligence is 

23 uniquely situated to identify translators within the 

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1 porary transfer from one element of the intelligence 

2 community to another element. 

3 (b) TEMPORARY PERSONNEL AUTHORIZATIONS.— 

4 (1) AUTHORIZED ADDITIONAL FTES.—In addi5 tion to the number of full-time equivalent positions 

6 authorized for the Office of the Director of National 

7 Intelligence for a fiscal year, there is authorized for 

8 such Office for each fiscal year an additional 100 

9 full-time equivalent positions that may be utilized 

10 only for the purposes described in paragraph (2). 

11 (2) PURPOSES.—The Director of National In12 telligence may use a full-time equivalent position au13 thorized under paragraph (1) only for the purposes 

14 of providing a temporary transfer of personnel made 

15 pursuant to the authority in section 102A(e)(2) of 

16 the National Security Act of 1947 (50 U.S.C. 403– 

17 1(e)(2)) to an element of the intelligence community 

18 to enable such element to increase its total author19 ized number of personnel, on a temporary basis— 

20 (A) during a period in which a permanent 

21 employee of such element is absent to partici22 pate in critical language training; or 

23 (B) to accept a permanent employee of an24 other element of the intelligence community to 


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1 provide language-capable services a temporary 

2 basis. 

3 (c) INAPPLICABILITY OF OTHER LAW.—Subpara4 graph (B) of section 102A(e)(2) of the National Security 

5 Act of 1947 (50 U.S.C. 403–1(e)(2)) shall not apply to 

6 a transfer of personnel authorizations made under this 

7 section. 

8 (d) REPORTING REQUIREMENTS.— 

9 (1) REPORT TO THE DIRECTOR OF NATIONAL

10 INTELLIGENCE.—An element of the intelligence com11 munity that receives a temporary transfer of per12 sonnel authorized under subsection (b) shall submit 

13 to the Director of National Intelligence a report on 

14 such transfer that includes the length of time of the 

15 temporary transfer and which critical language need 

16 of such element was fulfilled or partially fulfilled by 

17 the transfer. 

18 (2) ANNUAL REPORT TO CONGRESS.—The Di19 rector of National Intelligence shall submit to the 

20 congressional intelligence committees an annual re21 port on this section. Each such report shall include 

22 a description of— 

23 (A) the number of transfers of personnel 

24 made by the Director pursuant to subsection 


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1 (b), disaggregated by each element of the intel2 ligence community; 

3 (B) the critical language that needs were 

4 fulfilled or partially fulfilled through the use of 

5 such transfers; and 

6 (C) the cost to carry out subsection (b). 

7 Subtitle B—Education Programs 

8 SEC. 311. PERMANENT AUTHORIZATION FOR THE PAT ROB9 ERTS INTELLIGENCE SCHOLARS PROGRAM. 

10 (a) IN GENERAL.—Subsection (a) of section 318 of 

11 the Intelligence Authorization Act for Fiscal Year 2004 

12 (Public Law 108–177; 50 U.S.C. 441g note) is amended— 

13 (1) in the heading, by striking ‘‘PILOT PRO14 GRAM’’ and inserting ‘‘IN GENERAL’’; 

15 (2) in paragraph (1)— 

16 (A) by striking ‘‘pilot’’; and 

17 (B) by inserting ‘‘, acquisition, scientific, 

18 and technical, or other’’ after ‘‘analytic’’ in both 

19 places that term appears; 

20 (3) in paragraph (2), by striking ‘‘pilot’’; and 

21 (4) in paragraph (3), by striking ‘‘pilot’’. 

22 (b) ELEMENTS.—Subsection (b) of section 318 of the 

23 Intelligence Authorization Act for Fiscal Year 2004 (Pub24 lic Law 108–177; 50 U.S.C. 411g note) is amended— 


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1 (1) in the matter preceding paragraph (1), by 

2 striking ‘‘pilot’’; 

3 (2) in paragraph (1), by striking ‘‘analysts’’ 

4 and inserting ‘‘professionals’’; and 

5 (3) in paragraph (2), by inserting ‘‘, acquisi6 tion, scientific, and technical, or other’’ after ‘‘ana7 lytic’’. 

8 (c) PERMANENT AUTHORIZATION.—Section 318 of 

9 the Intelligence Authorization Act for Fiscal Year 2004 

10 (Public Law 108–177; 50 U.S.C. 411g note) is amended 

11 by striking subsections (c), (d), (e), (f), and (g). 

12 (d) USE OF FUNDS.—Section 318 of the Intelligence 

13 Authorization Act for Fiscal Year 2004 (Public Law 108– 

14 177; 50 U.S.C. 411g note), as amended by subsection (c), 

15 is further amended by adding at the end the following: 

16 ‘‘(c) USE OF FUNDS.—Funds made available for the 

17 program may be used for the following purposes: 

18 ‘‘(1) To provide a monthly stipend for each 

19 month that the individual is pursing a course of 

20 study described in subsection (a). 

21 ‘‘(2) To pay such individual’s full tuition to per22 mit the individual to complete such a course of 

23 study. 


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1 ‘‘(3) To provide an allowance for books and ma2 terials that such individual requires to complete such 

3 a course of study. 

4 ‘‘(4) To pay such individual’s expenses for trav5 el as requested by an element of the intelligence 

6 community related to the program.’’. 

7 (e) CONFORMING AMENDMENTS.— 

8 (1) SECTION HEADING.—The section heading of 

9 section 318 of the Intelligence Authorization Act for 

10 Fiscal Year 2004 (Public Law 108–177; 117 Stat. 

11 2613) is amended to read as follows: 

12 ‘‘SEC. 318. PAT ROBERTS INTELLIGENCE SCHOLARS PRO13 GRAM.’’. 

14 (2) TABLE OF CONTENTS.—The table of con15 tents in section 1(b) of the Intelligence Authoriza16 tion Act for Fiscal Year 2004 (Public Law 108–177; 

17 117 Stat. 2599) is amended by striking the item re18 lating to section 318 and inserting the following: 

‘‘Sec. 318. Pat Roberts Intelligence Scholars Program.’’. 

19 SEC. 312. MODIFICATIONS TO THE LOUIS STOKES EDU20 CATIONAL SCHOLARSHIP PROGRAM. 

21 (a) EXPANSION OF THE LOUIS STOKES EDU22 CATIONAL SCHOLARSHIP PROGRAM TO GRADUATE STU23 DENTS.—Section 16 of the National Security Agency Act 

24 of 1959 (50 U.S.C. 402 note) is amended— 

25 (1) in subsection (a)— 


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1 (A) by inserting ‘‘and graduate’’ after ‘‘un2 dergraduate’’; and 

3 (B) by striking ‘‘the baccalaureate’’ and 

4 inserting ‘‘a baccalaureate or graduate’’; 

5 (2) in subsection (b), by inserting ‘‘or grad6 uate’’ after ‘‘undergraduate’’; 

7 (3) in subsection (e)(2), by inserting ‘‘and grad8 uate’’ after ‘‘undergraduate’’; and 

9 (4) by adding at the end ‘‘Such program shall 

10 be known as the Louis Stokes Educational Scholar11 ship Program.’’. 

12 (b) AUTHORITY FOR PARTICIPATION BY INDIVID13 UALS WHO ARE NOT EMPLOYED BY THE FEDERAL GOV14 ERNMENT.— 

15 (1) IN GENERAL.—Subsection (b) of section 16 

16 of the National Security Agency Act of 1959 (50 

17 U.S.C. 402 note), as amended by subsection (a)(2), 

18 is further amended by striking ‘‘civilian employees’’ 

19 and inserting ‘‘civilians who may or may not be em20 ployees’’. 

21 (2) REPLACEMENT OF THE TERM ‘‘EM22 PLOYEE’’.—Section 16 of the National Security 

23 Agency Act of 1959 (50 U.S.C. 402 note), as 

24 amended by subsection (a), is further amended— 


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1 (A) in subsection (c), by striking ‘‘employ2 ees’’ and inserting ‘‘program participants’’; 

3 (B) in subsection (d)— 

4 (i) in paragraph (1)— 

5 (I) in the matter preceding sub6 paragraph (A), strike ‘‘an employee of 

7 the Agency’’ and insert ‘‘a program 

8 participant’’; 

9 (II) in subparagraph (A), by 

10 striking ‘‘employee’’ and inserting 

11 ‘‘program participant’’; 

12 (III) in subparagraph (C)— 

13 (aa) by striking ‘‘employee’’ 

14 each place that term appears and 

15 inserting ‘‘program participant’’; 

16 and 

17 (bb) by striking ‘‘employ18 ee’s’’ each place that term ap19 pears and inserting ‘‘program 

20 participant’s’’; and 

21 (IV) in subparagraph (D)— 

22 (aa) by striking ‘‘employee’’ 

23 each place that term appears and 

24 inserting ‘‘program participant’’; 

25 and 


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1 (bb) by striking ‘‘employ2 ee’s’’ each place that term ap3 pears and inserting ‘‘program 

4 participant’s’’; and 

5 (ii) in paragraph (3)(C)— 

6 (I) by striking ‘‘employee’’ both 

7 places that term appears and insert8 ing ‘‘program participant’’; and 

9 (II) by striking ‘‘employee’s’’ and 

10 inserting ‘‘program participant’s’’; 

11 and 

12 (C) in subsection (e)(1), by striking ‘‘em13 ployee’’ and inserting ‘‘program participant’’. 

14 (c) TERMINATION OF PROGRAM PARTICIPANTS.— 

15 Subsection (d)(1)(C) of section 16 of the National Secu16 rity Agency Act of 1959 (50 U.S.C. 402 note), as amended 

17 by subsection (b)(2)(B)(i)(III), is further amended by 

18 striking ‘‘terminated’’ and all that follows and inserting 

19 ‘‘terminated— 

20 ‘‘(i) by the Agency due to misconduct by 

21 the program participant; 

22 ‘‘(ii) by the program participant volun23 tarily; or 

24 ‘‘(iii) by the Agency for the failure of the 

25 program participant to maintain such level of 


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1 academic standing in the educational course of 

2 training as the Director of the National Secu3 rity Agency shall have specified in the agree4 ment of the program participant under this 

5 subsection; and’’. 

6 (d) AUTHORITY TO WITHHOLD DISCLOSURE OF AF7 FILIATION WITH NSA.—Subsection (e) of Section 16 of 

8 the National Security Agency Act of 1959 (50 U.S.C. 402 

9 note) is amended by striking ‘‘(1) When an employee’’ and 

10 all that follows through ‘‘(2) Agency efforts’’ and inserting 

11 ‘‘Agency efforts’’. 

12 (e) AUTHORITY OF ELEMENTS OF THE INTEL13 LIGENCE COMMUNITY TO ESTABLISH A STOKES EDU14 CATIONAL SCHOLARSHIP PROGRAM.—Section 102A of the 

15 National Security Act of 1947 (50 U.S.C. 403–1), as 

16 amended by sections 303 and 304, is further amended by 

17 adding at the end the following new subsection: 

18 ‘‘(w) EDUCATIONAL SCHOLARSHIP PROGRAM.—The 

19 head of a department or agency containing an element of 

20 the intelligence community may establish an under21 graduate or graduate training program with respect to ci22 vilian employees and prospective civilian employees of such 

23 element similar in purpose, conditions, content, and ad24 ministration to the program which the Secretary of De25 fense is authorized to establish under section 16 of the 


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1 National Security Agency Act of 1959 (50 U.S.C. 402 

2 note) for civilian employees of the National Security Agen3 cy.’’. 

4 SEC. 313. INTELLIGENCE OFFICER EDUCATION PROGRAMS. 

5 (a) AUTHORITY.—The Director may carry out, or 

6 may authorize the head of an element of the intelligence 

7 community to carry out, programs in accordance with this 

8 section for the purposes described in subsection (c). 

9 (b) DEFINITIONS.—In this section: 

10 (1) DIRECTOR.—The term ‘‘Director’’ means 

11 ‘‘the Director of National Intelligence’’. 

12 (2) INSTITUTION OF HIGHER EDUCATION.—The 

13 term ‘‘institution of higher education’’ has the 

14 meaning given the term in section 101 of the Higher 

15 Education Act of 1965 (20 U.S.C. 1001). 

16 (c) PURPOSES.—The purpose of a program carried 

17 out under this section shall be— 

18 (1) to encourage the preparation, recruitment, 

19 and retention of civilian intelligence community per20 sonnel who posses language, analytic, scientific, 

21 technical, or other skills necessary to meet the needs 

22 of the intelligence community, as identified by the 

23 Director; and 

24 (2) to enhance recruitment and retention of an 

25 ethnically and culturally diverse workforce for the 


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1 intelligence community with capabilities critical to 

2 the national security interests of the United States. 

3 (d) AUTHORIZED PROGRAMS.—The programs au4 thorized under this section are as follows: 

5 (1) GRANTS TO INDIVIDUALS.—A program car6 ried out in accordance with subsection (e) to provide 

7 financial aid to an individual to pursue a program 

8 at an institution of higher education in language, 

9 analysis, science, technical fields, or other skills nec10 essary to meet the needs of the intelligence commu11 nity, as identified by the Director. 

12 (2) GRANTS TO INSTITUTIONS OF HIGHER EDU13 CATION.—A program carried out in accordance with 

14 subsection (f) to provide a grant to an institution of 

15 higher education to develop a program of study in 

16 an area of study referred to paragraph (1). 

17 (e) GRANTS TO INDIVIDUALS.— 

18 (1) IN GENERAL.—The Director, or the head of 

19 an element of the intelligence community authorized 

20 by the Director under subsection (a), may award a 

21 grant to an individual who is pursuing an associate, 

22 baccalaureate, advanced degree, or certification in 

23 an area of study referred to in subsection (c)(1) at 

24 an institution of higher education. 


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1 (2) USE OR FUNDS.—A grant awarded to an 

2 individual under this section to enroll in a program 

3 at an institution of higher education may be used— 

4 (A) to pay the tuition, fees, and other costs 

5 of such program; 

6 (B) to pay the living expenses of the indi7 vidual during the time the individual is enrolled 

8 in such program; or 

9 (C) to support internship activities of the 

10 individual within the intelligence community 

11 during the academic year or periods between 

12 academic years in which the individual is en13 rolled in such program. 

14 (3) ADMINISTRATION OF GRANTS.—A grant of 

15 financial aid to an individual under this section shall 

16 be administered through— 

17 (A) the Pat Roberts Intelligence Scholars 

18 Program carried out under section 318 of the 

19 Intelligence Authorization Act for Fiscal Year 

20 2004 (50 U.S.C. 441g note); or 

21 (B) the Louis Stokes Educational Scholar22 ship Program carried out under section 16 of 

23 the National Security Agency Act of 1959 (50 

24 U.S.C. 402 note). 


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1 (4) SELECTION.—In selecting an individual to 

2 receive a grant under this section to enroll in a pro3 gram at an institution of higher education, the Di4 rector or head of an element of the intelligence com5 munity, as appropriate, shall consider whether such 

6 institution has been awarded a grant under this sec7 tion. 

8 (5) AUTHORITY FOR SCREENING.—The Direc9 tor is authorized to screen and qualify each indi10 vidual selected to receive a grant under this section 

11 for the appropriate security clearance without regard 

12 to the date that the employment relationship be13 tween the individual and an element of the intel14 ligence community is formed, or whether it is ever 

15 formed. 

16 (f) GRANTS TO INSTITUTIONS OF HIGHER EDU17 CATION.— 

18 (1) IN GENERAL.—The Director may award a 

19 grant to an institution of higher education to sup20 port the establishment, continued development, im21 provement, or administration of a program of study 

22 referred to in subsection (c)(1) at such institution. 

23 (2) USE OF FUNDS.—A grant awarded to an in24 stitution of higher education under this section may 

25 be used for the following: 


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1 (A) Curriculum or program development. 

2 (B) Faculty development. 

3 (C) Laboratory equipment or improve4 ments. 

5 (D) Faculty research in language, analysis, 

6 science, technical, or other fields that meet cur7 rent or emerging needs of the intelligence com8 munity as identified by the Director of National 

9 Intelligence. 

10 (3) REPORTS.—An institution of higher edu11 cation awarded a grant under this section shall sub12 mit to the Director regular reports regarding the use 

13 of such grant, including— 

14 (A) a description of the benefits to stu15 dents who participate in the course of study 

16 funded by such grant; 

17 (B) a description of the results and accom18 plishments related to such course of study; and 

19 (C) any other information that the Direc20 tor may require. 

21 (g) APPLICATION.—An individual or an institution of 

22 higher education seeking a grant under this section shall 

23 submit an application to the Director describing the pro24 posed use of the grant at such time and in such manner 

25 as the Director may require. 


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1 (h) REGULATIONS.—The Director shall prescribe 

2 such regulations as are necessary to carry out this section. 

3 (i) REPEAL OF PRIOR PROGRAMS.— 

4 (1) IN GENERAL.—The following provisions are 

5 repealed: 

6 (A) Section 319 of Intelligence Authoriza7 tion Act for Fiscal Year 2004 (Public Law 

8 108–177; 50 U.S.C. 403 note). 

9 (B) Section 1003 of the National Security 

10 Act of 1947 (50 U.S.C. 441g–2). 

11 (C) Section 922 of Ronald W. Reagan Na12 tional Defense Authorization Act for Fiscal 

13 Year 2005 (Public Law 108–375; 50 U.S.C. 

14 402 note). 

15 (2) EFFECT ON PRIOR AGREEMENTS.—An 

16 agreement, contract, or employment relationship 

17 that was in effect pursuant to a provision repealed 

18 by subparagraph (A), (B), or (C) of paragraph (1) 

19 prior to the date of the enactment of this Act shall 

20 remain in effect unless all parties mutually agree to 

21 amend, modify, or abrogate such agreement, con22 tract, or relationship. 

23 (3) TABLE OF CONTENTS AMENDMENTS.— 

24 (A) INTELLIGENCE AUTHORIZATION ACT

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1 thorization Act for Fiscal Year 2004 is amend2 ed in the table of contents in section 1(b), by 

3 striking the item relating to section 319. 

4 (B) RONALD W. REAGAN NATIONAL DE5 FENSE AUTHORIZATION ACT FOR FISCAL YEAR

6 2005.—The Ronald W. Reagan National De7 fense Authorization Act for Fiscal Year 2005 

8 (Public Law 108–375; 118 Stat. 1811) is 

9 amended— 

10 (i) in the table of contents in section 

11 2(b), by striking the item relating to sec12 tion 922; and 

13 (ii) in title IV in the table of contents 

14 preceding subtitle A, by striking the item 

15 relating to section 922. 

16 (j) EFFECT OF OTHER LAW.—The Director shall ad17 minister the Intelligence Officer Training Program pursu18 ant to the provisions of chapter 63 of title 31, United 

19 States Code and chapter 75 of such title, except that the 

20 Comptroller General of the United States shall have no 

21 authority, duty, or responsibility in matters related to this 

22 program. 

23 SEC. 314. REVIEW AND REPORT ON EDUCATION PRO24 GRAMS. 

25 (a) REVIEW.— 


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1 (1) REQUIREMENT FOR REVIEW.—The Director 

2 of National Intelligence shall review the programs 

3 described in paragraph (2) to determine if such pro4 grams— 

5 (A) meet the needs of the intelligence com6 munity to prepare, recruit, and retain a skilled 

7 and diverse workforce; 

8 (B) should be combined or otherwise inte9 grated; and 

10 (C) constitute all the education programs 

11 carried out by the Director of National Intel12 ligence or the head of an element of the intel13 ligence community and, if not, whether other 

14 such educational programs could be combined 

15 or otherwise integrated with the programs de16 scribed in paragraph (2). 

17 (2) PROGRAMS DESCRIBED.—The programs de18 scribed in this paragraph are the following: 

19 (A) The Pat Roberts Intelligence Scholars 

20 Program carried out under section 318 of the 

21 Intelligence Authorization Act for Fiscal Year 

22 2004 (50 U.S.C. 441g note), as amended by 

23 section 311. 

24 (B) The Louis Stokes Educational Schol25 arship Program carried out section 16 of the 


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1 National Security Agency Act of 1959 (50 

2 U.S.C. 402 note), as amended by section 312. 

3 (C) The education grant programs carried 

4 out under section 313. 

5 (D) Any other program that provides for 

6 education or training of personnel of an element 

7 of the intelligence community. 

8 (b) REPORT.—Not later than February 1, 2010, the 

9 Director of National Intelligence shall submit to the con10 gressional intelligence committees a report on the results 

11 of the review required by subsection (a). 

12 Subtitle C—Acquisition Matters 

13 SEC. 321. VULNERABILITY ASSESSMENTS OF MAJOR SYS14 TEMS. 

15 (a) VULNERABILITY ASSESSMENTS OF MAJOR SYS16 TEMS.— 

17 (1) IN GENERAL.—Title V of the National Se18 curity Act of 1947 (50 U.S.C. 413 et seq.), as 

19 amended by section 305 of this Act, is further 

20 amended by inserting after section 506B, as added 

21 by section 305(a), the following new section: 

22 ‘‘VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS

23 ‘‘SEC. 506C. (a) INITIAL VULNERABILITY ASSESS24 MENTS.— 

25 ‘‘(1) REQUIREMENT FOR INITIAL VULNER26 ABILITY ASSESSMENTS.—The Director of National 


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1 Intelligence shall conduct an initial vulnerability as2 sessment for any major system and its significant 

3 items of supply that is proposed for inclusion in the 

4 National Intelligence Program prior to completion of 

5 Milestone B or an equivalent acquisition decision. 

6 The initial vulnerability assessment of a major sys7 tem and its significant items of supply shall include 

8 use of an analysis-based approach to— 

9 ‘‘(A) identify vulnerabilities; 

10 ‘‘(B) define exploitation potential; 

11 ‘‘(C) examine the system’s potential effec12 tiveness; 

13 ‘‘(D) determine overall vulnerability; and 

14 ‘‘(E) make recommendations for risk re15 duction. 

16 ‘‘(2) LIMITATION ON OBLIGATION OF FUNDS.— 

17 For any major system for which an initial vulner18 ability assessment is required under paragraph (1) 

19 on the date of the enactment of the Intelligence Au20 thorization Act for Fiscal Year 2010, such assess21 ment shall be submitted to the congressional intel22 ligence committees within 180 days of such date of 

23 enactment. If such assessment is not submitted to 

24 the congressional intelligence committees within 180 

25 days of such date of enactment, funds appropriated 


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1 for the acquisition of the major system may not be 

2 obligated for a major contract related to the major 

3 system. Such prohibition on the obligation of funds 

4 for the acquisition of the major system shall cease 

5 to apply at the end of the 30-day period of a contin6 uous session of Congress that begins on the date on 

7 which Congress receives the initial vulnerability as8 sessment. 

9 ‘‘(b) SUBSEQUENT VULNERABILITY ASSESS10 MENTS.—(1) The Director of National Intelligence shall, 

11 periodically throughout the life span of a major system 

12 or if the Director determines that a change in cir13 cumstances warrants the issuance of a subsequent vulner14 ability assessment, conduct a subsequent vulnerability as15 sessment of each major system and its significant items 

16 of supply within the National Intelligence Program. 

17 ‘‘(2) Upon the request of a congressional intelligence 

18 committee, the Director of National Intelligence may con19 duct a subsequent vulnerability assessment of a particular 

20 major system and its significant items of supply within 

21 the National Intelligence Program. 

22 ‘‘(3) Any subsequent vulnerability assessment of a 

23 major system and its significant items of supply shall in24 clude use of an analysis-based approach and, if applicable, 

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1 tential of such system and reexamine the factors described 

2 in subparagraphs (A) through (E) of subsection (a)(1). 

3 ‘‘(c) MAJOR SYSTEM MANAGEMENT.—The Director 

4 of National Intelligence shall give due consideration to the 

5 vulnerability assessments prepared for a given major sys6 tem when developing and determining the National Intel7 ligence Program budget. 

8 ‘‘(d) CONGRESSIONAL OVERSIGHT.—(1) The Direc9 tor of National Intelligence shall provide to the congres10 sional intelligence committees a copy of each vulnerability 

11 assessment conducted under subsection (a) or (b) not later 

12 than 10 days after the date of the completion of such as13 sessment. 

14 ‘‘(2) The Director of National Intelligence shall pro15 vide the congressional intelligence committees with a pro16 posed schedule for subsequent vulnerability assessments of 

17 a major system under subsection (b) when providing such 

18 committees with the initial vulnerability assessment under 

19 subsection (a) of such system as required by paragraph 

20 (1). 

21 ‘‘(e) DEFINITIONS.—In this section: 

22 ‘‘(1) The term ‘items of supply’— 

23 ‘‘(A) means any individual part, compo24 nent, subassembly, assembly, or subsystem inte25 gral to a major system, and other property 


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1 which may be replaced during the service life of 

2 the major system, including spare parts and re3 plenishment parts; and 

4 ‘‘(B) does not include packaging or label5 ing associated with shipment or identification of 

6 items. 

7 ‘‘(2) The term ‘major system’ has the meaning 

8 given that term in section 506A(e). 

9 ‘‘(3) The term ‘Milestone B’ means a decision 

10 to enter into system development and demonstration 

11 pursuant to guidance prescribed by the Director of 

12 National Intelligence. 

13 ‘‘(4) The term ‘vulnerability assessment’ means 

14 the process of identifying and quantifying 

15 vulnerabilities in a major system and its significant 

16 items of supply.’’. 

17 (2) TABLE OF CONTENTS AMENDMENT.—The 

18 table of contents in the first section of the National 

19 Security Act of 1947, as amended by section 305 of 

20 this Act, is further amended by inserting after the 

21 item relating to section 506B, as added by section 

22 305(b), the following: 

‘‘Sec. 506C. Vulnerability assessments of major systems.’’. 

23 (b) DEFINITION OF MAJOR SYSTEM.—Paragraph (3) 

24 of section 506A(e) of the National Security Act of 1947 

25 (50 U.S.C. 415a–1(e)) is amended to read as follows: 


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1 ‘‘(3) The term ‘major system’ has the meaning 

2 given that term in section 4 of the Office of Federal 

3 Procurement Policy Act (41 U.S.C. 403).’’. 

4 SEC. 322. INTELLIGENCE COMMUNITY BUSINESS SYSTEM 

5 TRANSFORMATION. 

6 (a) INTELLIGENCE COMMUNITY BUSINESS SYSTEM

7 TRANSFORMATION.— 

8 (1) IN GENERAL.—Title V of the National Se9 curity Act of 1947 (50 U.S.C. 413 et seq.), as 

10 amended by sections 305 and 321 of this Act, is fur11 ther amended by inserting after section 506C, as 

12 added by section 321(a), the following new section: 

13 ‘‘INTELLIGENCE COMMUNITY BUSINESS SYSTEM

14 TRANSFORMATION

15 ‘‘SEC. 506D. (a) LIMITATION ON OBLIGATION OF

16 FUNDS.—(1) After February 1, 2010, no funds appro17 priated to any element of the intelligence community may 

18 be obligated for an intelligence community business sys19 tem transformation that will have a total cost in excess 

20 of $1,000,000 unless— 

21 ‘‘(A) the approval authority designated by the 

22 Director of National Intelligence under subsection 

23 (c)(2) makes the certification described in paragraph 

24 (2) with respect to the intelligence community busi25 ness system transformation; and 


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1 ‘‘(B) the certification is approved by the appro2 priate authorities within the intelligence community 

3 business system transformation governance structure 

4 identified in subsection (f). 

5 ‘‘(2) The certification described in this paragraph for 

6 an intelligence community business system transformation 

7 is a certification, made by the approval authority des8 ignated by the Director under subsection (c)(2) that the 

9 intelligence community business system transformation— 

10 ‘‘(A) complies with the enterprise architecture 

11 under subsection (b) and other Director of National 

12 Intelligence policy and standards; or 

13 ‘‘(B) is necessary— 

14 ‘‘(i) to achieve a critical national security 

15 capability or address a critical requirement in 

16 an area such as safety or security; or 

17 ‘‘(ii) to prevent a significant adverse effect 

18 on a project that is needed to achieve an essen19 tial capability, taking into consideration the al20 ternative solutions for preventing such adverse 

21 effect. 

22 ‘‘(b) ENTERPRISE ARCHITECTURE FOR INTEL23 LIGENCE COMMUNITY BUSINESS SYSTEMS.—(1) The Di24 rector of National Intelligence shall, acting through the 

25 intelligence community business system transformation 


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1 governance structure identified in subsection (f), develop 

2 and implement an enterprise architecture to cover all intel3 ligence community business systems, and the functions 

4 and activities supported by such business systems. The en5 terprise architecture shall be sufficiently defined to effec6 tively guide, constrain, and permit implementation of 

7 interoperable intelligence community business system solu8 tions, consistent with applicable policies and procedures 

9 established by the Director of the Office of Management 

10 and Budget. 

11 ‘‘(2) The enterprise architecture under paragraph (1) 

12 shall include the following— 

13 ‘‘(A) An information infrastructure that, at a 

14 minimum, will enable the intelligence community 

15 to— 

16 ‘‘(i) comply with all Federal accounting, fi17 nancial management, and reporting require18 ments; 

19 ‘‘(ii) routinely produce timely, accurate, 

20 and reliable financial information for manage21 ment purposes; 

22 ‘‘(iii) integrate budget, accounting, and 

23 program information and systems; and 


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1 ‘‘(iv) provide for the measurement of per2 formance, including the ability to produce time3 ly, relevant, and reliable cost information. 

4 ‘‘(B) Policies, procedures, data standards, and 

5 system interface requirements that apply uniformly 

6 throughout the intelligence community. 

7 ‘‘(c) RESPONSIBILITIES FOR INTELLIGENCE COMMU8 NITY BUSINESS SYSTEM TRANSFORMATION.—(1) The Di9 rector of National Intelligence shall be responsible for the 

10 entire life cycle of an intelligence community business sys11 tem transformation, to include review, approval, and over12 sight of the planning, design, acquisition, deployment, op13 eration, and maintenance of the business system trans14 formation. 

15 ‘‘(2) The Director shall designate one or more appro16 priate officials of the intelligence community to be respon17 sible for making certifications with respect to intelligence 

18 community business system transformation under sub19 section (a)(2). 

20 ‘‘(d) INTELLIGENCE COMMUNITY BUSINESS SYSTEM

21 INVESTMENT REVIEW.—(1) The approval authority des22 ignated under subsection (c)(2) shall establish and imple23 ment, not later than February 1, 2010, an investment re24 view process for the intelligence community business sys25 tems for which the approval authority is responsible. 


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1 ‘‘(2) The investment review process under paragraph 

2 (1) shall— 

3 ‘‘(A) meet the requirements of section 11312 of 

4 title 40, United States Code; and 

5 ‘‘(B) specifically set forth the responsibilities of 

6 the approval authority under such review process. 

7 ‘‘(3) The investment review process under paragraph 

8 (1) shall include the following elements: 

9 ‘‘(A) Review and approval by an investment re10 view board (consisting of appropriate representatives 

11 of the intelligence community) of each intelligence 

12 community business system as an investment before 

13 the obligation of funds for such system. 

14 ‘‘(B) Periodic review, but not less often than 

15 annually, of every intelligence community business 

16 system investment. 

17 ‘‘(C) Thresholds for levels of review to ensure 

18 appropriate review of intelligence community busi19 ness system investments depending on the scope, 

20 complexity, and cost of the system involved. 

21 ‘‘(D) Procedures for making certifications in 

22 accordance with the requirements of subsection 

23 (a)(2). 

24 ‘‘(e) BUDGET INFORMATION.—For each fiscal year 

25 after fiscal year 2011, the Director of National IntelVerDate Nov 24 2008 00:17 Jul 23, 2009 Jkt 079200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S1494.PCS S1494

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1 ligence shall include in the materials the Director submits 

2 to Congress in support of the budget for such fiscal year 

3 that is submitted to Congress under section 1105 of title 

4 31, United States Code, the following information: 

5 ‘‘(1) An identification of each intelligence com6 munity business system for which funding is pro7 posed in such budget. 

8 ‘‘(2) An identification of all funds, by appro9 priation, proposed in such budget for each such sys10 tem, including— 

11 ‘‘(A) funds for current services to operate 

12 and maintain such system; 

13 ‘‘(B) funds for business systems mod14 ernization identified for each specific appropria15 tion; and 

16 ‘‘(C) funds for associated business process 

17 improvement or reengineering efforts. 

18 ‘‘(3) For each such system, identification of ap19 proval authority designated for such system under 

20 subsection (c)(2). 

21 ‘‘(4) The certification, if any, made under sub22 section (a)(2) with respect to each such system. 

23 ‘‘(f) INTELLIGENCE COMMUNITY BUSINESS SYSTEM

24 TRANSFORMATION GOVERNANCE BOARD.— 


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1 ‘‘(1) The Director of National Intelligence shall 

2 establish a board within the intelligence community 

3 business system transformation governance structure 

4 (in this subsection referred to as the ‘Board’). 

5 ‘‘(2) The Board shall— 

6 ‘‘(A) recommend to the Director policies 

7 and procedures necessary to effectively inte8 grate all business activities and any trans9 formation, reform, reorganization, or process 

10 improvement initiatives under taken within the 

11 intelligence community; 

12 ‘‘(B) review and approve any major update 

13 of— 

14 ‘‘(i) the enterprise architecture devel15 oped under subsection (b); and 

16 ‘‘(ii) any plans for an intelligence 

17 community business systems moderniza18 tion; 

19 ‘‘(C) manage cross-domain integration con20 sistent with such enterprise architecture; 

21 ‘‘(D) be responsible for coordinating initia22 tives for intelligence community business system 

23 transformation to maximize benefits and mini24 mize costs for the intelligence community, and 

25 periodically report to the Director on the status 


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1 of efforts to carry out an intelligence commu2 nity business system transformation; 

3 ‘‘(E) ensure that funds are obligated for 

4 intelligence community business system trans5 formation in a manner consistent with sub6 section (a); and 

7 ‘‘(F) carry out such other duties as the Di8 rector shall specify. 

9 ‘‘(g) RELATION TO ANNUAL REGISTRATION RE10 QUIREMENTS.—Nothing in this section shall be construed 

11 to alter the requirements of section 8083 of the Depart12 ment of Defense Appropriations Act, 2005 (Public Law 

13 108–287; 118 Stat. 989), with regard to information tech14 nology systems (as defined in subsection (d) of such sec15 tion). 

16 ‘‘(h) RELATIONSHIP TO DEFENSE BUSINESS ENTER17 PRISE ARCHITECTURE.—Nothing in this section, or the 

18 amendments made by this section, shall be construed to 

19 exempt funds authorized to be appropriated to the Depart20 ment of Defense from the requirements of section 2222 

21 of title 10, United States Code, to the extent that such 

22 requirements are otherwise applicable. 

23 ‘‘(i) RELATION TO CLINGER-COHEN ACT.—(1) Exec24 utive agency responsibilities in chapter 113 of title 40, 


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1 United States Code, for any intelligence community busi2 ness system transformation shall be exercised jointly by— 

3 ‘‘(A) the Director of National Intelligence and 

4 the Chief Information Officer of the Intelligence 

5 Community; and 

6 ‘‘(B) the head of the executive agency that con7 tains the element of the intelligence community in8 volved and the chief information officer of that exec9 utive agency. 

10 ‘‘(2) The Director of National Intelligence and the 

11 head of the executive agency shall enter a Memorandum 

12 of Understanding to carry out the requirements of this 

13 section in a manner that best meets the needs of the intel14 ligence community and the executive agency. 

15 ‘‘(j) REPORTS.—Not later than March 15 of each of 

16 the years 2011 through 2015, the Director of National 

17 Intelligence shall submit to the congressional intelligence 

18 committees a report on the compliance of the intelligence 

19 community with the requirements of this section. Each 

20 such report shall— 

21 ‘‘(1) describe actions taken and proposed for 

22 meeting the requirements of subsection (a), includ23 ing— 

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1 ures, and any revision of such milestones and 

2 performance measures; and 

3 ‘‘(B) specific actions on the intelligence 

4 community business system transformations 

5 submitted for certification under such sub6 section; and 

7 ‘‘(2) identify the number of intelligence commu8 nity business system transformations that received a 

9 certification described in subsection (a)(2)(B); and 

10 ‘‘(3) describe specific improvements in business 

11 operations and cost savings resulting from successful 

12 intelligence community business systems trans13 formation efforts. 

14 ‘‘(k) DEFINITIONS.—In this section: 

15 ‘‘(1) ENTERPRISE ARCHITECTURE.—The term 

16 ‘enterprise architecture’ has the meaning given that 

17 term in section 3601(4) of title 44, United States 

18 Code. 

19 ‘‘(2) INFORMATION SYSTEM; INFORMATION

20 TECHNOLOGY.—The terms ‘information system’ and 

21 ‘information technology’ have the meanings given 

22 those terms in section 11101 of title 40, United 

23 States Code. 

24 ‘‘(3) INTELLIGENCE COMMUNITY BUSINESS

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1 ness system’ means an information system, including 

2 national security systems, that are operated by, for, 

3 or on behalf of the intelligence community or ele4 ments of the intelligence community as defined by 

5 law and Executive Order, including financial sys6 tems, mixed systems, financial data feeder systems, 

7 and the business infrastructure capabilities shared 

8 by the systems of the business enterprise architec9 ture, including people, process, and technology, that 

10 build upon the core infrastructure used to support 

11 business activities, such as acquisition, financial 

12 management, logistics, strategic planning and budg13 eting, installations and environment, and human re14 source management. 

15 ‘‘(4) INTELLIGENCE COMMUNITY BUSINESS

16 SYSTEM TRANSFORMATION.—The term ‘intelligence 

17 community business system transformation’ 

18 means— 

19 ‘‘(A) the acquisition or development of a 

20 new intelligence community business system; or 

21 ‘‘(B) any significant modification or en22 hancement of an existing intelligence commu23 nity business system (other than necessary to 

24 maintain current services). 


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1 ‘‘(5) NATIONAL SECURITY SYSTEM.—The term 

2 ‘national security system’ has the meaning given 

3 that term in section 3542 of title 44, United States 

4 Code.’’. 

5 (2) TABLE OF CONTENTS AMENDMENT.—The 

6 table of contents in the first section of that Act, as 

7 amended by sections 305 and 321 of this Act, is fur8 ther amended by inserting after the item relating to 

9 section 506C, as added by section 321(a)(2), the fol10 lowing new item: 

‘‘Sec. 506D. Intelligence community business systems transformation.’’. 

11 (b) IMPLEMENTATION.— 

12 (1) CERTAIN DUTIES.—Not later than 60 days 

13 after the date of the enactment of this Act, the Di14 rector of National Intelligence shall— 

15 (A) complete the delegation of responsi16 bility for the review, approval, and oversight of 

17 intelligence community business systems re18 quired by subsection (c) of section 506D of the 

19 National Security Act of 1947 (as added by 

20 subsection (a)); and 

21 (B) designate a chairman and personnel to 

22 serve on the appropriate intelligence community 

23 business system transformation governance 

24 board established under subsection (f) of such 

25 section 506D (as so added). 


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1 (2) ENTERPRISE ARCHITECTURE.— 

2 (A) SCHEDULE FOR DEVELOPMENT.—The 

3 Director shall develop the enterprise architec4 ture required by subsection (b) of such section 

5 506D (as so added) to include the initial Busi6 ness Enterprise Architecture for business trans7 formation by December 31, 2009. 

8 (B) REQUIREMENT FOR IMPLEMENTATION

9 PLAN.—In developing such an enterprise archi10 tecture, the Director shall develop an implemen11 tation plan for such enterprise architecture that 

12 includes the following: 

13 (i) An acquisition strategy for new 

14 systems that are expected to be needed to 

15 complete such enterprise architecture, in16 cluding specific time-phased milestones, 

17 performance metrics, and a statement of 

18 the financial and nonfinancial resource 

19 needs. 

20 (ii) An identification of the intel21 ligence community business systems in op22 eration or planned as of September 30, 

23 2009, that will not be a part of such enter24 prise architecture, together with the schedVerDate Nov 24 2008 00:17 Jul 23, 2009 Jkt 079200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S1494.PCS S1494

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1 ule for the phased termination of the utili2 zation of any such systems. 

3 (iii) An identification of the intel4 ligence community business systems in op5 eration or planned as of September 30, 

6 2009, that will be a part of such enterprise 

7 architecture, together with a strategy for 

8 modifying such systems to ensure that 

9 such systems comply with such enterprise 

10 architecture. 

11 (C) SUBMISSION OF ACQUISITION STRAT12 EGY.—Based on the results of an enterprise 

13 process management review and the availability 

14 of funds, the Director shall submit the acquisi15 tion strategy described in subparagraph (B)(i) 

16 to the congressional intelligence committees not 

17 later than December 31, 2009. 

18 SEC. 323. REPORTS ON THE ACQUISITION OF MAJOR SYS19 TEMS. 

20 (a) REPORTS.— 

21 (1) IN GENERAL.—Title V of the National Se22 curity Act of 1947 (50 U.S.C. 413 et seq.), as 

23 amended by sections 305, 321, and 322 of this Act, 

24 is further amended by inserting after section 506D, 


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1 as added by section 322(a)(1), the following new 

2 section: 

3 ‘‘REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS

4 ‘‘SEC. 506E. (a) ANNUAL REPORTS REQUIRED.—(1) 

5 The Director of National Intelligence shall submit to the 

6 congressional intelligence committees each year, at the 

7 same time the budget of the President for the fiscal year 

8 beginning in such year is submitted to Congress pursuant 

9 to section 1105 of title 31, United States Code, a separate 

10 report on each acquisition of a major system by an ele11 ment of the intelligence community. 

12 ‘‘(2) Each report under this section shall be known 

13 as a ‘Report on the Acquisition of Major Systems’. 

14 ‘‘(b) ELEMENTS.—Each report under this section 

15 shall include, for the acquisition of a major system, infor16 mation on the following: 

17 ‘‘(1) The current total acquisition cost for such 

18 system, and the history of such cost from the date 

19 the system was first included in a report under this 

20 section to the end of the fiscal year immediately pre21 ceding the submission of the report under this sec22 tion. 

23 ‘‘(2) The current development schedule for the 

24 system, including an estimate of annual development 

25 costs until development is completed. 


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1 ‘‘(3) The planned procurement schedule for the 

2 system, including the best estimate of the Director 

3 of National Intelligence of the annual costs and 

4 units to be procured until procurement is completed. 

5 ‘‘(4) A full life-cycle cost analysis for such sys6 tem. 

7 ‘‘(5) The result of any significant test and eval8 uation of such major system as of the date of the 

9 submission of such report, or, if a significant test 

10 and evaluation has not been conducted, a statement 

11 of the reasons therefor and the results of any other 

12 test and evaluation that has been conducted of such 

13 system. 

14 ‘‘(6) The reasons for any change in acquisition 

15 cost, or schedule, for such system from the previous 

16 report under this section, if applicable. 

17 ‘‘(7) The major contracts or subcontracts re18 lated to the major system. 

19 ‘‘(8) If there is any cost or schedule variance 

20 under a contract referred to in paragraph (7) since 

21 the previous report under this section, the reasons 

22 for such cost or schedule variance. 

23 ‘‘(c) DETERMINATION OF INCREASE IN COSTS.—Any 

24 determination of a percentage increase in the acquisition 

25 costs of a major system for which a report is filed under 


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1 this section shall be stated in terms of constant dollars 

2 from the first fiscal year in which funds are appropriated 

3 for such contract. 

4 ‘‘(d) SUBMISSION TO THE CONGRESSIONAL ARMED

5 SERVICES COMMITTEES.—To the extent that the report 

6 required by subsection (a) addresses an element of the in7 telligence community within the Department of Defense, 

8 the Director of National Intelligence shall submit that por9 tion of the report, and any associated material that is nec10 essary to make that portion understandable, to the Com11 mittee on Armed Services of the Senate and the Com12 mittee on Armed Services of the House of Representatives. 

13 ‘‘(e) DEFINITIONS.—In this section: 

14 ‘‘(1) The term ‘acquisition cost’, with respect to 

15 a major system, means the amount equal to the total 

16 cost for development and procurement of, and sys17 tem-specific construction for, such system. 

18 ‘‘(2) The term ‘full life-cycle cost’, with respect 

19 to the acquisition of a major system, means all costs 

20 of development, procurement, construction, deploy21 ment, and operation and support for such program, 

22 without regard to funding source or management 

23 control, including costs of development and procure24 ment required to support or utilize such system. 


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1 ‘‘(3) The term ‘major contract,’ with respect to 

2 a major system acquisition, means each of the 6 

3 largest prime, associate, or government-furnished 

4 equipment contracts under the program that is in 

5 excess of $40,000,000 and that is not a firm, fixed 

6 price contract. 

7 ‘‘(4) The term ‘major system’ has the meaning 

8 given that term in section 506A(e). 

9 ‘‘(5) The term ‘significant test and evaluation’ 

10 means the functional or environmental testing of a 

11 major system or of the subsystems that combine to 

12 create a major system.’’. 

13 (2) APPLICABILITY DATE.—The first report re14 quired to be submitted under section 506E(a) of the 

15 National Security Act of 1947, as added by para16 graph (1), shall be submitted with the budget for fis17 cal year 2011 submitted by the President under sec18 tion 1105 of title 31, United States Code. 

19 (3) TABLE OF CONTENTS AMENDMENT.—The 

20 table of contents in the first section of that Act, as 

21 amended by sections 305, 321, and 322 of this Act, 

22 is further amended by inserting after the item relat23 ing to section 506D, as added by section 322(a)(2), 

24 the following new item: 

‘‘Sec. 506E. Reports on the acquisition of major systems.’’. 


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1 (b) MAJOR DEFENSE ACQUISITION PROGRAMS.— 

2 Nothing in this section, section 324, or an amendment 

3 made by this section or section 324, shall be construed 

4 to exempt an acquisition program of the Department of 

5 Defense from the requirements of chapter 144 of title 10, 

6 United States Code or Department of Defense Directive 

7 5000, to the extent that such requirements are otherwise 

8 applicable. 

9 SEC. 324. EXCESSIVE COST GROWTH OF MAJOR SYSTEMS. 

10 (a) NOTIFICATION.—Title V of the National Security 

11 Act of 1947 (50 U.S.C. 413 et seq.), as amended by sec12 tions 305, 321, 322, and 323 of this Act, is further 

13 amended by inserting after section 506E, as added by sec14 tion 323(a), the following new section: 

15 ‘‘EXCESSIVE COST GROWTH OF MAJOR SYSTEMS

16 ‘‘SEC. 506F. (a) COST INCREASES OF AT LEAST 25 

17 PERCENT.—(1)(A) On a continuing basis, and separate 

18 from the submission of any report on a major system re19 quired by section 506E of this Act, the program manager 

20 shall determine if the acquisition cost of such major sys21 tem has increased by at least 25 percent as compared to 

22 the baseline cost of such major system. 

23 ‘‘(B) Not later than 10 days after the date that a 

24 program manager determines that an increase described 

25 in subparagraph (A) has occurred, the program manager 


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1 shall submit to the Director of National Intelligence notifi2 cation of such increase. 

3 ‘‘(2)(A) If, after receiving a notification described in 

4 paragraph (1)(B), the Director of National Intelligence 

5 determines that the acquisition cost of a major system has 

6 increased by at least 25 percent, the Director shall submit 

7 to the congressional intelligence committees a written noti8 fication of such determination as described in subpara9 graph (B), a description of the amount of the increase in 

10 the acquisition cost of such major system, and a certifi11 cation as described in subparagraph (C). 

12 ‘‘(B) The notification required by subparagraph (A) 

13 shall include— 

14 ‘‘(i) an updated cost estimate; 

15 ‘‘(ii) the date on which the determination cov16 ered by such notification was made; 

17 ‘‘(iii) contract performance assessment informa18 tion with respect to each significant contract or sub19 contract related to such major system, including the 

20 name of the contractor, the phase of the contract at 

21 the time of the report, the percentage of work under 

22 the contract that has been completed, any change in 

23 contract cost, the percentage by which the contract 

24 is currently ahead or behind schedule, and a sum25 mary explanation of significant occurrences, such as 


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1 cost and schedule variances, and the effect of such 

2 occurrences on future costs and schedules; 

3 ‘‘(iv) the prior estimate of the full life-cycle cost 

4 for such major system, expressed in constant dollars 

5 and in current year dollars; 

6 ‘‘(v) the current estimated full life-cycle cost of 

7 such major system, expressed in constant dollars 

8 and current year dollars; 

9 ‘‘(vi) a statement of the reasons for any in10 creases in the full life-cycle cost of such major sys11 tem; 

12 ‘‘(vii) the current change and the total change, 

13 in dollars and expressed as a percentage, in the full 

14 life-cycle cost applicable to such major system, stat15 ed both in constant dollars and current year dollars; 

16 ‘‘(viii) the completion status of such major sys17 tem expressed as the percentage— 

18 ‘‘(I) of the total number of years for which 

19 funds have been appropriated for such major 

20 system compared to the number of years for 

21 which it is planned that such funds will be ap22 propriated; and 

23 ‘‘(II) of the amount of funds that have 

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1 pared to the total amount of such funds which 

2 it is planned will be appropriated; 

3 ‘‘(ix) the action taken and proposed to be taken 

4 to control future cost growth of such major system; 

5 and 

6 ‘‘(x) any changes made in the performance or 

7 schedule of such major system and the extent to 

8 which such changes have contributed to the increase 

9 in full life-cycle costs of such major system. 

10 ‘‘(C) The certification described in this subparagraph 

11 is a written certification made by the Director and sub12 mitted to the congressional intelligence committees that— 

13 ‘‘(i) the acquisition of such major system is es14 sential to the national security; 

15 ‘‘(ii) there are no alternatives to such major 

16 system that will provide equal or greater intelligence 

17 capability at equal or lesser cost to completion; 

18 ‘‘(iii) the new estimates of the full life-cycle cost 

19 for such major system are reasonable; and 

20 ‘‘(iv) the management structure for the acquisi21 tion of such major system is adequate to manage 

22 and control full life-cycle cost of such major system. 

23 ‘‘(b) COST INCREASES OF AT LEAST 50 PERCENT.— 

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1 tion 506E of this Act, the program manager shall deter2 mine if the acquisition cost of such major system has in3 creased by at least 50 percent as compared to the baseline 

4 cost of such major system. 

5 ‘‘(B) Not later than 10 days after the date that a 

6 program manager determines that an increase described 

7 in subparagraph (A) has occurred, the program manager 

8 shall submit to the Director of National Intelligence notifi9 cation of such increase. 

10 ‘‘(2) If, after receiving a notification described in 

11 paragraph (1)(B), the Director of National Intelligence 

12 determines that the acquisition cost of a major system has 

13 increased by at least 50 percent as compared to the base14 line cost of such major system, the Director shall submit 

15 to the congressional intelligence committees a written cer16 tification stating that— 

17 ‘‘(A) the acquisition of such major system is es18 sential to the national security; 

19 ‘‘(B) there are no alternatives to such major 

20 system that will provide equal or greater intelligence 

21 capability at equal or lesser cost to completion; 

22 ‘‘(C) the new estimates of the full life-cycle cost 

23 for such major system are reasonable; and 

24 ‘‘(D) the management structure for the acquisi25 tion of such major system is adequate to manage 


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1 and control the full life-cycle cost of such major sys2 tem. 

3 ‘‘(3) In addition to the certification required by para4 graph (2), the Director of National Intelligence shall sub5 mit to the congressional intelligence committees an up6 dated notification, with current accompanying informa7 tion, as required by subsection (a)(2). 

8 ‘‘(c) PROHIBITION ON OBLIGATION OF FUNDS.—(1) 

9 If a written certification required under subsection 

10 (a)(2)(A) is not submitted to the congressional intelligence 

11 committees within 90 days of the notification made under 

12 subsection (a)(1)(B), funds appropriated for the acquisi13 tion of a major system may not be obligated for a major 

14 contract under the program. Such prohibition on the obli15 gation of funds shall cease to apply at the end of the 30- 

16 day period of a continuous session of Congress that begins 

17 on the date on which Congress receives the notification 

18 required under subsection (a)(2). 

19 ‘‘(2) If a written certification required under sub20 section (b)(2) is not submitted to the congressional intel21 ligence committees within 90 days of the notification made 

22 under subsection (b)(1)(B), funds appropriated for the ac23 quisition of a major system may not be obligated for a 

24 major contract under the program. Such prohibition on 

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1 tem shall cease to apply at the end of the 30-day period 

2 of a continuous session of Congress that begins on the 

3 date on which Congress receives the notification required 

4 under subsection (b)(3). 

5 ‘‘(d) INITIAL CERTIFICATIONS.—Notwithstanding 

6 subsection (c), for any major system for which a written 

7 certification is required under either subsection (a)(2) or 

8 (b)(2) on the date of the enactment of the Intelligence Au9 thorization Act for Fiscal Year 2010, such written certifi10 cation shall be submitted to the congressional intelligence 

11 committees within 180 days of such date of enactment. 

12 If such written certification is not submitted to the con13 gressional intelligence committees within 180 days of such 

14 date of enactment, funds appropriated for the acquisition 

15 of a major system may not be obligated for a major con16 tract under the program. Such prohibition on the obliga17 tion of funds for the acquisition of a major system shall 

18 cease to apply at the end of the 30-day period of a contin19 uous session of Congress that begins on the date on which 

20 Congress receives the notification required under sub21 section (a)(2) or (b)(3). 

22 ‘‘(e) SUBMISSION TO THE CONGRESSIONAL ARMED

23 SERVICES COMMITTEES.—To the extent that a submission 

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1 telligence community within the Department of Defense, 

2 the Director of National Intelligence shall submit that por3 tion of the submission, and any associated material that 

4 is necessary to make that portion understandable, to the 

5 Committee on Armed Services of the Senate and the Com6 mittee on Armed Services of the House of Representatives. 

7 ‘‘(f) DEFINITIONS.—In this section: 

8 ‘‘(1) The term ‘acquisition cost’ has the mean9 ing given that term in section 506E(d). 

10 ‘‘(2) The term ‘baseline cost’, with respect to a 

11 major system, means the projected acquisition cost 

12 of such system that is approved by the Director of 

13 National Intelligence at Milestone B or an equivalent 

14 acquisition decision for the development, procure15 ment, and construction of such system. The baseline 

16 cost may be in the form of an independent cost esti17 mate. 

18 ‘‘(3) The term ‘cost estimate’— 

19 ‘‘(A) means an assessment and quantifica20 tion of all costs and risks associated with the 

21 acquisition of a major system based upon rea22 sonably available information at the time a 

23 written certification is required under either 

24 subsection (a)(2) or (b)(2); and 


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1 ‘‘(B) does not mean an ‘independent cost 

2 estimate’. 

3 ‘‘(4) The term ‘full life-cycle cost’ has the 

4 meaning given that term in section 506E(d). 

5 ‘‘(5) The term ‘independent cost estimate’ has 

6 the meaning given that term in section 506A(e). 

7 ‘‘(6) The term ‘major system’ has the meaning 

8 given that term in section 506A(e). 

9 ‘‘(7) The term ‘Milestone B’ means a decision 

10 to enter into system development and demonstration 

11 pursuant to guidance prescribed by the Director of 

12 National Intelligence. 

13 ‘‘(8) The term ‘program manager’, with respect 

14 to a major system, means— 

15 ‘‘(A) the head of the element of the intel16 ligence community which is responsible for the 

17 budget, cost, schedule, and performance of the 

18 major system; or 

19 ‘‘(B) in the case of a major system within 

20 the Office of the Director of National Intel21 ligence, the deputy who is responsible for the 

22 budget, cost, schedule, and performance of the 

23 major system.’’. 

24 (b) TABLE OF CONTENTS AMENDMENT.—The table 

25 of contents in the first section of that Act, as amended 


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1 by sections 305, 321, 322, and 323 of this Act, is further 

2 amended by inserting after the items relating to section 

3 506E, as added by section 323(a)(3), the following new 

4 item: 

‘‘Sec. 506F. Excessive cost growth of major systems.’’. 

5 SEC. 325. FUTURE BUDGET PROJECTIONS. 

6 (a) IN GENERAL.—Title V of the National Security 

7 Act of 1947 (50 U.S.C. 413 et seq.), as amended by sec8 tions 305, 321, 322, 323, and 324 of this Act, is further 

9 amended by inserting after section 506F, as added by sec10 tion 324(a), the following new section: 

11 ‘‘FUTURE BUDGET PROJECTIONS

12 ‘‘SEC. 506G. (a) FUTURE YEAR INTELLIGENCE

13 PLANS.—(1) The Director of National Intelligence, with 

14 the concurrence of the Office of Management and Budget, 

15 shall provide to the congressional intelligence committees 

16 a Future Year Intelligence Plan, as described in para17 graph (2), for— 

18 ‘‘(A) each expenditure center in the National 

19 Intelligence Program; and 

20 ‘‘(B) each major system in the National Intel21 ligence Program. 

22 ‘‘(2)(A) A Future Year Intelligence Plan submitted 

23 under this subsection shall include the year-by-year pro24 posed funding for each center or system referred to in sub25 paragraph (A) or (B) of paragraph (1), for the budget 


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1 year for which the Plan is submitted and not less than 

2 the 4 subsequent budget years. 

3 ‘‘(B) A Future Year Intelligence Plan submitted 

4 under subparagraph (B) of paragraph (1) for a major sys5 tem shall include— 

6 ‘‘(i) the estimated total life-cycle cost of such 

7 major system; and 

8 ‘‘(ii) any major acquisition or programmatic 

9 milestones for such major system. 

10 ‘‘(b) LONG-TERM BUDGET PROJECTIONS.—(1) The 

11 Director of National Intelligence, with the concurrence of 

12 the Director of the Office of Management and Budget, 

13 shall provide to the congressional intelligence committees 

14 a Long-term Budget Projection for each element of the 

15 National Intelligence Program acquiring a major system 

16 that includes the budget for such element for the 5-year 

17 period following the last budget year for which proposed 

18 funding was submitted under subsection (a)(2)(A). 

19 ‘‘(2) A Long-term Budget Projection submitted 

20 under paragraph (1) shall include projections for the ap21 propriate element of the intelligence community for— 

22 ‘‘(A) pay and benefits of officers and employees 

23 of such element; 

24 ‘‘(B) other operating and support costs and 

25 minor acquisitions of such element; 


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1 ‘‘(C) research and technology required by such 

2 element; 

3 ‘‘(D) current and planned major system acqui4 sitions for such element; and 

5 ‘‘(E) any unplanned but necessary next-genera6 tion major system acquisitions for such element. 

7 ‘‘(c) SUBMISSION TO CONGRESS.—Each Future Year 

8 Intelligence Plan or Long-term Budget Projection re9 quired under subsection (a) or (b) shall be submitted to 

10 Congress along with the budget for a fiscal year submitted 

11 to Congress by the President pursuant to section 1105 of 

12 title 31, United States Code. 

13 ‘‘(d) CONTENT OF LONG-TERM BUDGET PROJEC14 TIONS.—(1) Each Long-term Budget Projection sub15 mitted under subsection (b) shall include— 

16 ‘‘(A) a budget projection based on constrained 

17 budgets, effective cost and schedule execution of cur18 rent or planned major system acquisitions, and mod19 est or no cost-growth for undefined, next-generation 

20 systems; and 

21 ‘‘(B) a budget projection based on constrained 

22 budgets, modest cost increases in executing current 

23 and planned programs, and more costly next-genera24 tion systems. 


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1 ‘‘(2) Each budget projection required by paragraph 

2 (1) shall include a description of whether, and to what 

3 extent, the total projection for each year exceeds the level 

4 that would result from applying the most recent Office of 

5 Management and Budget inflation estimate to the budget 

6 of that element of the intelligence community. 

7 ‘‘(e) NEW MAJOR SYSTEM AFFORDABILITY RE8 PORT.—(1) Beginning on February 1, 2010, not later 

9 than 30 days prior to the date that an element of the intel10 ligence community may proceed to Milestone A, Milestone 

11 B, or an analogous stage of system development, in the 

12 acquisition of a major system in the National Intelligence 

13 Program, the Director of National Intelligence, with the 

14 concurrence of the Director of the Office of Management 

15 and Budget, shall provide a report on such major system 

16 to the congressional intelligence committees. 

17 ‘‘(2)(A) A report submitted under paragraph (1) 

18 shall include an assessment of whether, and to what ex19 tent, such acquisition, if developed, procured, and oper20 ated, is projected to cause an increase in the most recent 

21 Future Year Intelligence Plan and Long-term Budget 

22 Projection for that element of the intelligence community. 

23 ‘‘(B) If an increase is projected under subparagraph 

24 (A), the report required by this subsection shall include 

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1 tor of National Intelligence and the Director of the Office 

2 of Management and Budget that such increase is nec3 essary for national security. 

4 ‘‘(f) DEFINITIONS.—In this section: 

5 ‘‘(1) The term ‘major system’ has the meaning 

6 given that term in section 506A(e). 

7 ‘‘(2) The term ‘Milestone A’ means a decision 

8 to enter into concept refinement and technology ma9 turity demonstration pursuant to guidance issued by 

10 the Director of National Intelligence. 

11 ‘‘(3) The term ‘Milestone B’ means a decision 

12 to enter into system development, integration, and 

13 demonstration pursuant to guidance prescribed by 

14 the Director of National Intelligence.’’. 

15 (b) APPLICABILITY DATE.—The first Future Year 

16 Intelligence Plan or Long-term Budget Projection re17 quired to be submitted under subsection (a) or (b) of sec18 tion 506G of the National Security Act of 1947, as added 

19 by subsection (a), shall be submitted with the budget for 

20 fiscal year 2011 submitted by the President under section 

21 1105 of title 31, United States Code. 

22 (c) TABLE OF CONTENTS AMENDMENT.—The table 

23 of contents in the first section of that Act, as amended 

24 by sections 305, 321, 322, 323, and 324 of this Act, is 

25 further amended by inserting after the items relating to 


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1 section 506F, as added by section 324(b), the following 

2 new item: 

‘‘Sec. 506G. Future budget projections.’’. 

3 SEC. 326. NATIONAL INTELLIGENCE PROGRAM FUNDED AC4 QUISITIONS. 

5 Subsection (n) of section 102A of the National Secu6 rity Act of 1947 (50 U.S.C. 403–1) is amended by adding 

7 at the end the following: 

8 ‘‘(4)(A) In addition to the authority referred to in 

9 paragraph (1), the Director of National Intelligence may 

10 authorize the head of an element of the intelligence com11 munity to exercise an acquisition authority referred to in 

12 section 3 or 8(a) of the Central Intelligence Agency Act 

13 of 1949 (50 U.S.C. 403c and 403j(a)) for an acquisition 

14 by such element that is more than 50 percent funded by 

15 the National Intelligence Program. 

16 ‘‘(B) The head of an element of the intelligence com17 munity may not exercise an authority referred to in sub18 paragraph (A) until— 

19 ‘‘(i) the head of such element (without delega20 tion) submits to the Director of National Intelligence 

21 a written request that includes— 

22 ‘‘(I) a description of such authority re23 quested to be exercised; 


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1 ‘‘(II) an explanation of the need for such 

2 authority, including an explanation of the rea3 sons that other authorities are insufficient; and 

4 ‘‘(III) a certification that the mission of 

5 such element would be— 

6 ‘‘(aa) impaired if such authority is not 

7 exercised; or 

8 ‘‘(bb) significantly and measurably en9 hanced if such authority is exercised; and 

10 ‘‘(ii) the Director of National Intelligence or the 

11 Principal Deputy Director of National Intelligence 

12 or a Deputy Director of National Intelligence des13 ignated by the Director or the Principal Director 

14 issues a written authorization that includes— 

15 ‘‘(I) a description of the authority referred 

16 to in subparagraph (A) that is authorized to be 

17 exercised; and 

18 ‘‘(II) a justification to support the exercise 

19 of such authority. 

20 ‘‘(C) A request and authorization to exercise an au21 thority referred to in subparagraph (A) may be made with 

22 respect to individual acquisitions or with respect to a spe23 cific class of acquisitions described in the request and au24 thorization referred to in subparagraph (B). 


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1 ‘‘(D)(i) A request from a head of an element of the 

2 intelligence community located within one of the depart3 ments described in clause (ii) to exercise an authority re4 ferred to in subparagraph (A) shall be transmitted to the 

5 Director of National Intelligence in accordance with any 

6 procedures established by the head of such department. 

7 ‘‘(ii) The departments described in this clause are the 

8 Department of Defense, the Department of Energy, the 

9 Department of Homeland Security, the Department of 

10 Justice, the Department of State, and the Department of 

11 the Treasury. 

12 ‘‘(E)(i) The head of an element of the intelligence 

13 community may not be authorized to utilize an authority 

14 referred to in subparagraph (A) for a class of acquisitions 

15 for a period of more than 3 years, except that the Director 

16 of National Intelligence may authorize the use of such an 

17 authority for not more than 6 years. 

18 ‘‘(ii) Each such authorizations may be extended for 

19 successive 3- or 6-year periods, in accordance with require20 ments of subparagraph (B). 

21 ‘‘(F) The Director of National Intelligence shall sub22 mit— 

23 ‘‘(i) to the congressional intelligence committees 

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1 sion of such authorization that includes the written 

2 authorization referred to in subparagraph (B)(ii); 

3 and 

4 ‘‘(ii) to the Director of the Office of Manage5 ment and Budget a notification of an authorization 

6 to exercise an authority referred to in subparagraph 

7 (A) for an acquisition or class of acquisitions that 

8 will exceed $50,000,000 annually. 

9 ‘‘(G) Requests and authorizations to exercise an au10 thority referred to in subparagraph (A) shall remain avail11 able within the Office of the Director of National Intel12 ligence for a period of at least 6 years following the date 

13 of such request or authorization. 

14 ‘‘(H) Nothing in this paragraph may be construed to 

15 alter or otherwise limit the authority of the Central Intel16 ligence Agency to independently exercise an authority 

17 under section 3 or 8(a) of the Central Intelligence Agency 

18 Act of 1949 (50 U.S.C. 403c and 403j(a)).’’. 

19 Subtitle D—Congressional 

20 Oversight, Plans, and Reports 

21 SEC. 331. GENERAL CONGRESSIONAL OVERSIGHT. 

22 Section 501(a) of the National Security Act of 1947 

23 (50 U.S.C. 413(a)) is amended by inserting at the end 

24 the following: 


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1 ‘‘(3) There shall be no exception to the requirements 

2 in this title to inform the congressional intelligence com3 mittees of all intelligence activities and covert actions.’’. 

4 SEC. 332. IMPROVEMENT OF NOTIFICATION OF CONGRESS 

5 REGARDING INTELLIGENCE ACTIVITIES OF 

6 THE UNITED STATES. 

7 (a) NOTICE ON INFORMATION NOT DISCLOSED.— 

8 (1) IN GENERAL.—Section 502 of the National 

9 Security Act of 1947 (50 U.S.C. 413a) is amend10 ed— 

11 (A) by redesignating subsections (b) and 

12 (c) as subsections (c) and (d), respectively; and 

13 (B) by inserting after subsection (a) the 

14 following: 

15 ‘‘(b) NOTICE ON INFORMATION NOT DISCLOSED.— 

16 (1) If the Director of National Intelligence or the head 

17 of a department, agency, or other entity of the United 

18 States Government does not provide information required 

19 by subsection (a) in full or to all the members of the con20 gressional intelligence committees and requests that such 

21 information not be so provided, the Director shall, in a 

22 timely fashion, notify such committees of the determina23 tion not to provide such information in full or to all mem24 bers of such committees. Such notice shall— 


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1 ‘‘(A) be submitted in writing in a classified 

2 form; 

3 ‘‘(B) include— 

4 ‘‘(i) a statement of the reasons for such 

5 determination; and 

6 ‘‘(ii) a description that provides the main 

7 features of the intelligence activities covered by 

8 such determination; and 

9 ‘‘(C) contain no restriction on access to such 

10 notice by all members of the committee. 

11 ‘‘(2) Nothing in this subsection shall be construed as 

12 authorizing less than full and current disclosure to all the 

13 members of the congressional intelligence committees of 

14 any information necessary to keep all such members fully 

15 and currently informed on all intelligence activities de16 scribed in subsection (a).’’. 

17 (2) CONFORMING AMENDMENT.—Subsection (d) 

18 of such section, as redesignated by paragraph (1)(A) 

19 of this subsection, is amended by striking ‘‘sub20 section (b)’’ and inserting ‘‘subsections (b) and (c)’’. 

21 (b) REPORTS AND NOTICE ON COVERT ACTIONS.— 

22 (1) FORM AND CONTENT OF CERTAIN RE23 PORTS.—Subsection (b) of section 503 of such Act 

24 (50 U.S.C. 413b) is amended— 


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1 (A) by redesignating paragraphs (1) and 

2 (2) as subparagraphs (A) and (B), respectively; 

3 (B) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

4 (C) by adding at the end the following: 

5 ‘‘(2) Any information relating to a covert action that 

6 is submitted to the congressional intelligence committees 

7 for the purposes of paragraph (1) shall be in writing and 

8 shall contain the following: 

9 ‘‘(A) A concise statement of any facts pertinent 

10 to such covert action. 

11 ‘‘(B) An explanation of the significance of such 

12 covert action.’’. 

13 (2) NOTICE ON INFORMATION NOT DIS14 CLOSED.—Subsection (c) of such section is amended 

15 by adding at the end the following: 

16 ‘‘(5) If the Director of National Intelligence or the 

17 head of a department, agency, or other entity of the 

18 United States Government does not provide information 

19 required by subsection (b) in full or to all the members 

20 of the congressional intelligence committees, and requests 

21 that such information not be so provided, the Director 

22 shall, in a timely fashion, notify such committees of the 

23 determination not to provide such information in full or 

24 to all members of such committees. Such notice shall— 


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1 ‘‘(A) be submitted in writing in a classified 

2 form; 

3 ‘‘(B) include— 

4 ‘‘(i) a statement of the reasons for such 

5 determination; and 

6 ‘‘(ii) a description that provides the main 

7 features of the covert action covered by such 

8 determination; and 

9 ‘‘(C) contain no restriction on access to such 

10 notice by all members of the committee.’’. 

11 (3) MODIFICATION OF NATURE OF CHANGE OF

12 COVERT ACTION TRIGGERING NOTICE REQUIRE13 MENTS.—Subsection (d) of such section is amended 

14 by striking ‘‘significant’’ the first place that term 

15 appears. 

16 SEC. 333. REQUIREMENT TO PROVIDE LEGAL AUTHORITY 

17 FOR INTELLIGENCE ACTIVITIES. 

18 (a) GENERAL INTELLIGENCE ACTIVITIES.—Section 

19 501(a) of the National Security Act of 1947 (50 

20 U.S.C.413(a)), as amended by section 331, is further 

21 amended by adding at the end the following: 

22 ‘‘(4) In carrying out paragraph (1), the President 

23 shall provide to the congressional intelligence committees 

24 the legal authority under which the intelligence activity is 

25 or was conducted.’’. 


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1 (b) ACTIONS OTHER THAN COVERT ACTIONS.—Sec2 tion 502(a)(2) of the National Security Act of 1947 (50 

3 U.S.C. 413a(a)(2)) is amended by striking ‘‘activities,’’ 

4 and inserting ‘‘activities (including the legal authority 

5 under which an intelligence activity is or was con6 ducted),’’. 

7 (c) COVERT ACTIONS.—Paragraph (1)(B) of section 

8 503(b) of the National Security Act of 1947 (50 U.S.C. 

9 413b(b)), as redesignated by section 332 (b)(1), is amend10 ed by inserting ‘‘(including the legal authority under which 

11 a covert action is or was conducted)’’ after ‘‘concerning 

12 covert actions’’. 

13 SEC. 334. ADDITIONAL LIMITATION ON AVAILABILITY OF 

14 FUNDS FOR INTELLIGENCE AND INTEL15 LIGENCE-RELATED ACTIVITIES. 

16 Section 504 of the National Security Act of 1947 (50 

17 U.S.C. 414) is amended— 

18 (1) in subsection (a), in the matter preceding 

19 paragraph (1), by inserting ‘‘the congressional intel20 ligence committees have been fully and currently in21 formed of such activity and if’’ after ‘‘only if’’; 

22 (2) by redesignating subsections (b), (c), (d), 

23 and (e) as subsections (c), (d), (e), and (f), respec24 tively; and 


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1 (3) by inserting after subsection (a) the fol2 lowing: 

3 ‘‘(b) In any case in which notice to the congressional 

4 intelligence committees of an intelligence or intelligence5 related activity is covered by section 502(b), or in which 

6 notice to the congressional intelligence committees on a 

7 covert action is covered by section 503(c)(5), the congres8 sional intelligence committees shall be treated as being 

9 fully and currently informed on such activity or covert ac10 tion, as the case may be, for purposes of subsection (a) 

11 if the requirements of such section 502(b) or 503(c)(5), 

12 as applicable, have been met.’’. 

13 SEC. 335. AUDITS OF INTELLIGENCE COMMUNITY BY GOV14 ERNMENT ACCOUNTABILITY OFFICE. 

15 (a) IN GENERAL.—Chapter 35 of title 31, United 

16 States Code, is amended by inserting after section 3523 

17 the following: 

18 ‘‘§ 3523A. Audits of intelligence community by Gov19 ernment Accountability Office 

20 ‘‘(a) In this section, the term ‘intelligence community’ 

21 has the meaning given that term in section 3(4) of the 

22 National Security Act of 1947 (50 U.S.C. 401a(4)). 

23 ‘‘(b) Congress finds that— 

24 ‘‘(1) the authority of the Comptroller General 

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1 actions, programs, and activities of elements of the 

2 intelligence community under sections 712, 717, 

3 3523, and 3524, and to obtain access to records for 

4 purposes of such audits and evaluations under sec5 tion 716, is reaffirmed for matters referred to in 

6 paragraph (2); and 

7 ‘‘(2) such audits and evaluations may be re8 quested by a congressional committee of jurisdiction 

9 (such as the Select Committee on Intelligence of the 

10 Senate and the Permanent Select Committee on In11 telligence of the House of Representatives), and may 

12 include matters relating to the management and ad13 ministration of elements of the intelligence commu14 nity in areas such as strategic planning, financial 

15 management, information technology, human capital, 

16 knowledge management, and information sharing. 

17 ‘‘(c)(1) The Comptroller General may conduct an 

18 audit or evaluation involving intelligence sources and 

19 methods or covert actions only upon request of the Select 

20 Committee on Intelligence of the Senate or the Permanent 

21 Select Committee on Intelligence of the House of Rep22 resentatives. 

23 ‘‘(2)(A) Whenever the Comptroller General conducts 

24 an audit or evaluation under paragraph (1), the Comp25 troller General shall provide the results of such audit or 


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1 evaluation only to the Select Committee on Intelligence of 

2 the Senate, the Permanent Select Committee on Intel3 ligence of the House of Representatives, the Director of 

4 National Intelligence, and the head of the relevant element 

5 of the intelligence community. 

6 ‘‘(B) The Comptroller General may only provide in7 formation obtained in the course of an audit or evaluation 

8 under paragraph (1) to the Select Committee on Intel9 ligence of the Senate, the Permanent Select Committee on 

10 Intelligence of the House of Representatives, the Director 

11 of National Intelligence, and the head of the relevant ele12 ment of the intelligence community. 

13 ‘‘(3)(A) Notwithstanding any other provision of law, 

14 the Comptroller General may inspect records of any ele15 ment of the intelligence community relating to intelligence 

16 sources and methods, or covert actions in order to conduct 

17 audits and evaluations under paragraph (1). 

18 ‘‘(B) If, in the conduct of an audit or evaluation 

19 under paragraph (1), an agency record is not made avail20 able to the Comptroller General in accordance with section 

21 716, the Comptroller General shall consult with the origi22 nal requestor before filing a report under subsection (b)(1) 

23 of such section. 

24 ‘‘(4)(A) The Comptroller General shall maintain the 

25 same level of confidentiality for a record made available 


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1 for conducting an audit under paragraph (1) as is required 

2 of the head of the element of the intelligence community 

3 from which it is obtained. Officers and employees of the 

4 Government Accountability Office are subject to the same 

5 statutory penalties for unauthorized disclosure or use as 

6 officers or employees of the intelligence community ele7 ment that provided the Comptroller General or officers 

8 and employees of the Government Accountability Office 

9 with access to such records. 

10 ‘‘(B) All workpapers of the Comptroller General and 

11 all records and property of any element of the intelligence 

12 community that the Comptroller General uses during an 

13 audit or evaluation under paragraph (1) shall remain in 

14 facilities provided by that element of the intelligence com15 munity. Elements of the intelligence community shall give 

16 the Comptroller General suitable and secure offices and 

17 furniture, telephones, and access to copying facilities, for 

18 purposes of audits and evaluations under paragraph (1). 

19 ‘‘(C) After consultation with the Select Committee on 

20 Intelligence of the Senate and with the Permanent Select 

21 Committee on Intelligence of the House of Representa22 tives, the Comptroller General shall establish procedures 

23 to protect from unauthorized disclosure all classified and 

24 other sensitive information furnished to the Comptroller 

25 General or any representative of the Comptroller General 


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1 for conducting an audit or evaluation under paragraph 

2 (1). 

3 ‘‘(D) Before initiating an audit or evaluation under 

4 paragraph (1), the Comptroller General shall provide the 

5 Director of National Intelligence and the head of the rel6 evant element with the name of each officer and employee 

7 of the Government Accountability Office who has obtained 

8 appropriate security clearance and to whom, upon proper 

9 identification, records, and information of the element of 

10 the intelligence community shall be made available in con11 ducting the audit or evaluation. 

12 ‘‘(d) Elements of the intelligence community shall co13 operate fully with the Comptroller General and provide 

14 timely responses to Comptroller General requests for docu15 mentation and information made pursuant to this section. 

16 ‘‘(e) With the exception of the types of audits and 

17 evaluations specified in subsection (c)(1), nothing in this 

18 section or any other provision of law shall be construed 

19 as restricting or limiting the authority of the Comptroller 

20 General to audit, evaluate, or obtain access to the records 

21 of elements of the intelligence community absent specific 

22 statutory language restricting or limiting such audits, 

23 evaluations, or access to records.’’. 

24 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

25 sections for chapter 35 of title 31, United States Code, 


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1 is amended by inserting after the item relating to section 

2 3523 the following: 

‘‘3523A. Audits of intelligence community by Government Accountability Office.’’. 

3 SEC. 336. REPORT ON COMPLIANCE WITH LAWS, INTER4 NATIONAL OBLIGATIONS, AND EXECUTIVE 

5 ORDERS ON THE DETENTION AND INTERRO6 GATION ACTIVITIES OF THE INTELLIGENCE 

7 COMMUNITY. 

8 (a) REPORT REQUIRED.—Not later than December 

9 1, 2009, the Director shall submit to the congressional in10 telligence committees a comprehensive report on all meas11 ures taken by the Office of the Director of National Intel12 ligence and by each element, if any, of the intelligence 

13 community with relevant responsibilities to comply with 

14 the provisions of applicable law, international obligations, 

15 and executive orders relating to the detention or interroga16 tion activities, if any, of any element of the intelligence 

17 community, including the Detainee Treatment Act of 2005 

18 (title X of division A of Public Law 109–148; 119 Stat. 

19 2739), related provisions of the Military Commissions Act 

20 of 2006 (Public Law 109–366; 120 Stat. 2600), common 

21 Article 3, the Convention Against Torture, Executive 

22 Order 13491 (74 Fed. Reg. 4893; relating to ensuring 

23 lawful interrogations), and Executive Order 13493 (74 

24 Fed. Reg. 4901; relating to detention policy options). 


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1 (b) DEFINITIONS.—In this Act: 

2 (1) COMMON ARTICLE 3.—The term ‘‘common 

3 Article 3’’ means Article 3 of each of the Geneva 

4 Conventions. 

5 (2) CONVENTION AGAINST TORTURE.—The 

6 term ‘‘Convention Against Torture’’ means the 

7 United Nations Convention Against Torture and 

8 Other Cruel, Inhuman or Degrading Treatment or 

9 Punishment, done at New York on December 10, 

10 1984. 

11 (3) DIRECTOR.—The term ‘‘Director’’ means 

12 the Director of National Intelligence. 

13 (4) GENEVA CONVENTIONS.—The term ‘‘Gene14 va Conventions’’ means the following: 

15 (A) The Convention for the Amelioration 

16 of the Condition of the Wounded and Sick in 

17 Armed Forces in the Field, done at Geneva Au18 gust 12, 1949 (6 UST 3114). 

19 (B) The Convention for the Amelioration 

20 of the Condition of Wounded, Sick and Ship21 wrecked Members of Armed Forces at Sea, 

22 done at Geneva August 12, 1949 (6 UST 

23 3217). 


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1 (C) The Convention Relative to the Treat2 ment of Prisoners of War, done at Geneva Au3 gust 12, 1949 (6 UST 3316). 

4 (D) The Convention Relative to the Protec5 tion of Civilian Persons in Time of War, done 

6 at Geneva August 12, 1949 (6 UST 3516). 

7 (c) ELEMENTS.—The report required by subsection 

8 (a) shall include the following: 

9 (1) A description of the detention or interroga10 tion methods, if any, that have been determined to 

11 comply with applicable law, international obligations, 

12 and Executive orders, and, with respect to each such 

13 method— 

14 (A) an identification of the official making 

15 such determination; and 

16 (B) a statement of the basis for such de17 termination. 

18 (2) A description of any recommendations of a 

19 task force submitted pursuant to— 

20 (A) section 5(g) of Executive Order 13491 

21 (74 Fed. Reg. 4893; relating to ensuring lawful 

22 interrogations); or 

23 (B) section 1(g) of Executive Order 13493 

24 (74 Fed. Reg. 4901; relating to detention policy 

25 options). 


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1 (3) A description of any actions taken pursuant 

2 to Executive Order 13491 or the recommendations 

3 of a task force issued pursuant to section 5(g) of 

4 Executive Order 13491 or section 1(g) of Executive 

5 Order 13493 relating to detention or interrogation 

6 activities, if any, of any element of the intelligence 

7 community. 

8 (4) A description of any actions that have been 

9 taken to implement section 1004 of the Detainee 

10 Treatment Act of 2005 (119 Stat. 2740; 42 U.S.C. 

11 2000dd–1), and, with respect to each such action— 

12 (A) an identification of the official taking 

13 such action; and 

14 (B) a statement of the basis for such ac15 tion. 

16 (5) Any other matters that the Director con17 siders necessary to fully and currently inform the 

18 congressional intelligence committees about the im19 plementation of applicable law, international obliga20 tions, and Executive orders relating to the detention 

21 or interrogation activities, if any, of any element of 

22 the intelligence community, including the Detainee 

23 Treatment Act of 2005 (title X of division A of Pub24 lic Law 109–148; 119 Stat. 2739), related provi25 sions of the Military Commissions Act of 2006 (PubVerDate Nov 24 2008 00:17 Jul 23, 2009 Jkt 079200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\S1494.PCS S1494

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1 lic Law 109–366; 120 Stat. 2600), common Article 

2 3, the Convention Against Torture, Executive Order 

3 13491, and Executive Order 13493. 

4 (6) An appendix containing— 

5 (A) all guidelines for the application of ap6 plicable law, international obligations, or Execu7 tive orders to the detention or interrogation ac8 tivities, if any, of any element of the intelligence 

9 community; and 

10 (B) the legal justifications of the Depart11 ment of Justice about the meaning or applica12 tion of applicable law, international obligations, 

13 or Executive orders, with respect to the deten14 tion or interrogation activities, if any, of any 

15 element of the intelligence community. 

16 (d) FORM.—The report required by subsection (a) 

17 shall be submitted in unclassified form, but may include 

18 a classified annex. 

19 (e) SUBMISSION TO THE CONGRESSIONAL ARMED

20 SERVICES COMMITTEES.—To the extent that the report 

21 required by subsection (a) addresses an element of the in22 telligence community within the Department of Defense, 

23 the Director shall submit that portion of the report, and 

24 any associated material that is necessary to make that 

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1 ices of the Senate and the Committee on Armed Services 

2 of the House of Representatives. 

3 SEC. 337. REPORTS ON NATIONAL SECURITY THREAT 

4 POSED BY GUANTANAMO BAY DETAINEES. 

5 In addition to the reports required by section 319 of 

6 the Supplemental Appropriations Act of 2009 (Public Law 

7 111–32) and on the schedule required for such reports, 

8 the Director of National Intelligence shall submit to the 

9 congressional intelligence committees a report outlining 

10 the Director’s assessment of the suitability for release or 

11 transfer for detainees previously released or transferred, 

12 or to be released or transferred, from the Naval Detention 

13 Facility at Guantanamo Bay, Cuba to the United States 

14 or any other country. Each such report shall include— 

15 (1) a description of any objection to the release 

16 or recommendation against the release of such an in17 dividual made by any element of the intelligence 

18 community that determined the potential threat 

19 posed by a particular individual warranted the indi20 vidual’s continued detention; 

21 (2) a detailed description of the intelligence in22 formation that led to such an objection or deter23 mination; 

24 (3) if an element of the intelligence community 

25 previously recommended against the release of such 


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1 an individual and later retracted that recommenda2 tion, a detailed explanation of the reasoning for the 

3 retraction; and 

4 (4) an assessment of lessons learned from pre5 vious releases and transfers of individuals for whom 

6 the intelligence community objected or recommended 

7 against release. 

8 SEC. 338. REPORT ON RETIREMENT BENEFITS FOR 

9 FORMER EMPLOYEES OF AIR AMERICA. 

10 (a) REQUIREMENT FOR REPORT.—Not later than 

11 180 days after the date of the enactment of this Act, the 

12 Director of National Intelligence shall submit to Congress 

13 a report on the advisability of providing Federal retire14 ment benefits to United States citizens for the service of 

15 such citizens prior to 1977 as employees of Air America 

16 or an associated company during a period when Air Amer17 ica or the associated company was owned or controlled by 

18 the United States Government and operated or managed 

19 by the Central Intelligence Agency. 

20 (b) DEFINITIONS.—In this section: 

21 (1) AIR AMERICA.—The term ‘‘Air America’’ 

22 means Air America, Incorporated. 

23 (2) ASSOCIATED COMPANY.—The term ‘‘associ24 ated company’’ means any entity associated with, 

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1 ing Air Asia Company Limited, CAT Incorporated, 

2 Civil Air Transport Company Limited, and the Pa3 cific Division of Southern Air Transport during the 

4 period when such an entity was owned and con5 trolled by the United States Government. 

6 (c) REPORT ELEMENTS.—The report required by 

7 subsection (a) shall include the following: 

8 (1) The history of Air America and the associ9 ated companies prior to 1977, including a descrip10 tion of— 

11 (A) the relationship between Air America 

12 and the associated companies and the Central 

13 Intelligence Agency or other elements of the 

14 United States Government; 

15 (B) the workforce of Air America and the 

16 associated companies; 

17 (C) the missions performed by Air Amer18 ica, the associated companies, and their employ19 ees for the United States; and 

20 (D) the casualties suffered by employees of 

21 Air America and the associated companies in 

22 the course of their employment. 

23 (2) A description of— 


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1 (A) the retirement benefits contracted for, 

2 or promised to, the employees of Air America 

3 and the associated companies prior to 1977; 

4 (B) the contributions made by such em5 ployees for such benefits; 

6 (C) the retirement benefits actually paid to 

7 such employees; 

8 (D) the entitlement of such employees to 

9 the payment of future retirement benefits; and 

10 (E) the likelihood that former employees of 

11 such companies will receive any future retire12 ment benefits. 

13 (3) An assessment of the difference between— 

14 (A) the retirement benefits that former 

15 employees of Air America and the associated 

16 companies have received or will receive by virtue 

17 of their employment with Air America and the 

18 associated companies; and 

19 (B) the retirement benefits that such em20 ployees would have received or be eligible to re21 ceive if such employment was deemed to be em22 ployment by the United States Government and 

23 their service during such employment was cred24 ited as Federal service for the purpose of Fed25 eral retirement benefits. 


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1 (4)(A) Any recommendations regarding the ad2 visability of legislative action to treat such employ3 ment as Federal service for the purpose of Federal 

4 retirement benefits in light of the relationship be5 tween Air America and the associated companies 

6 and the United States Government and the services 

7 and sacrifices of such employees to and for the 

8 United States. 

9 (B) If legislative action is considered advisable 

10 under subparagraph (A), a proposal for such action 

11 and an assessment of its costs. 

12 (5) The opinions of the Director of the Central 

13 Intelligence Agency, if any, on the matters covered 

14 by the report that the Director of the Central Intel15 ligence Agency considers appropriate. 

16 (d) ASSISTANCE OF COMPTROLLER GENERAL.—The 

17 Comptroller General of the United States shall, upon the 

18 request of the Director of National Intelligence and in a 

19 manner consistent with the protection of classified infor20 mation, assist the Director in the preparation of the report 

21 required by subsection (a). 

22 (e) FORM.—The report required by subsection (a) 

23 shall be submitted in unclassified form, but may include 

24 a classified annex. 


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1 SEC. 339. REPORT AND STRATEGIC PLAN ON BIOLOGICAL 

2 WEAPONS. 

3 (a) REQUIREMENT FOR REPORT.—Not later than 

4 180 days after the date of the enactment of this Act, the 

5 Director of National Intelligence shall submit to the con6 gressional intelligence committees a report on— 

7 (1) the intelligence collection efforts of the 

8 United States dedicated to assessing the threat from 

9 biological weapons from state, non-state, or rogue 

10 actors, either foreign or domestic; and 

11 (2) efforts to protect the United States bio12 defense knowledge and infrastructure. 

13 (b) CONTENT.—The report required by subsection 

14 (a) shall include— 

15 (1) an accurate assessment of the intelligence 

16 collection efforts of the United States dedicated to 

17 detecting the development or use of biological weap18 ons by state, non-state, or rogue actors, either for19 eign or domestic; 

20 (2) detailed information on fiscal, human, tech21 nical, open source, and other intelligence collection 

22 resources of the United States dedicated for use 

23 against biological weapons; 

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1 ligence collection and analysis to identify and protect 

2 biological weapons targets, including— 

3 (A) intelligence collection gaps or ineffi4 ciencies; 

5 (B) inadequate information sharing prac6 tices; or 

7 (C) inadequate cooperation among agencies 

8 or departments of the United States; 

9 (4) a strategic plan prepared by the Director of 

10 National Intelligence, in coordination with the Attor11 ney General, the Secretary of Defense, and the Sec12 retary of Homeland Security, that provides for ac13 tions for the appropriate elements of the intelligence 

14 community to close important intelligence gaps re15 lated to biological weapons; 

16 (5) a description of appropriate goals, sched17 ules, milestones, or metrics to measure the long-term 

18 effectiveness of actions implemented to carry out the 

19 plan described in paragraph (4); and 

20 (6) any long-term resource and human capital 

21 issues related to the collection of intelligence regard22 ing biological weapons, including any recommenda23 tions to address shortfalls of experienced and quali24 fied staff possessing relevant scientific, language, 

25 and technical skills. 


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1 (c) IMPLEMENTATION OF STRATEGIC PLAN.—Not 

2 later than 30 days after the date that the Director of Na3 tional Intelligence submits the report required by sub4 section (a), the Director shall begin implementation of the 

5 strategic plan referred to in subsection (b)(4). 

6 SEC. 340. CYBERSECURITY OVERSIGHT. 

7 (a) DEFINITIONS.—In this section: 

8 (1) CYBERSECURITY PROGRAM.—The term ‘‘cy9 bersecurity program’’ means a class or collection of 

10 similar cybersecurity operations of an agency or de11 partment of the United States that involves person12 ally identifiable data that is— 

13 (A) screened by a cybersecurity system 

14 outside of the agency or department of the 

15 United States that was the intended recipient; 

16 (B) transferred, for the purpose of cyberse17 curity, outside the agency or department of the 

18 United States that was the intended recipient; 

19 or 

20 (C) transferred, for the purpose of cyberse21 curity, to an element of the intelligence commu22 nity. 

23 (2) NATIONAL CYBER INVESTIGATIVE JOINT

24 TASK FORCE.—The term ‘‘National Cyber Investiga25 tive Joint Task Force’’ means the multi-agency 


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1 cyber investigation coordination organization over2 seen by the Director of the Federal Bureau of Inves3 tigation known as the Nation Cyber Investigative 

4 Joint Task Force that coordinates, integrates, and 

5 provides pertinent information related to cybersecu6 rity investigations. 

7 (3) CRITICAL INFRASTRUCTURE.—The term 

8 ‘‘critical infrastructure’’ has the meaning given that 

9 term in section 1016 of the USA PATRIOT Act (42 

10 U.S.C. 5195c). 

11 (b) NOTIFICATION OF CYBERSECURITY PRO12 GRAMS.— 

13 (1) REQUIREMENT FOR NOTIFICATION.— 

14 (A) EXISTING PROGRAMS.—Not later than 

15 30 days after the date of the enactment of this 

16 Act, the President shall submit to Congress a 

17 notification for each cybersecurity program in 

18 operation on such date that includes the docu19 mentation referred to in subparagraphs (A) 

20 through (E) of paragraph (2). 

21 (B) NEW PROGRAMS.—Not later than 30 

22 days after the date of the commencement of op23 erations of a new cybersecurity program, the 

24 President shall submit to Congress a notifica25 tion of such commencement that includes the 


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1 documentation referred to in subparagraphs (A) 

2 through (E) of paragraph (2). 

3 (2) DOCUMENTATION.—A notification required 

4 by paragraph (1) for a cybersecurity program shall 

5 include— 

6 (A) the legal justification for the cyberse7 curity program; 

8 (B) the certification, if any, made pursu9 ant to section 2511(2)(a)(ii)(B) of title 18, 

10 United States Code, or other statutory certifi11 cation of legality for the cybersecurity program; 

12 (C) the concept for the operation of the cy13 bersecurity program that is approved by the 

14 head of the appropriate agency or department; 

15 (D) the assessment, if any, of the privacy 

16 impact of the cybersecurity program prepared 

17 by the privacy or civil liberties protection officer 

18 or comparable officer of such agency or depart19 ment; and 

20 (E) the plan, if any, for independent audit 

21 or review of the cybersecurity program to be 

22 carried out by the head of the relevant depart23 ment or agency of the United States, in con24 junction with the appropriate inspector general. 

25 (c) PROGRAM REPORTS.— 


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1 (1) REQUIREMENT FOR REPORTS.—The head of 

2 a department or agency of the United States with 

3 responsibility for a cybersecurity program for which 

4 a notification was submitted under subsection (b), in 

5 conjunction with the inspector general for that de6 partment or agency, shall submit to Congress and 

7 the President, in accordance with the schedule set 

8 out in paragraph (2), a report on such cybersecurity 

9 program that includes— 

10 (A) the results of any audit or review of 

11 the cybersecurity program carried out under the 

12 plan referred to in subsection (b)(2)(E), if any; 

13 and 

14 (B) an assessment of whether the imple15 mentation of the cybersecurity program— 

16 (i) is in compliance with— 

17 (I) the legal justification referred 

18 to in subsection (b)(2)(A); and 

19 (II) the assessment referred to in 

20 subsection (b)(2)(D), if any; 

21 (ii) is adequately described by the con22 cept of operation referred to in subsection 

23 (b)(2)(C), if any; and 

24 (iii) includes an adequate independent 

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1 provements to such independent audit or 

2 review system are necessary. 

3 (2) SCHEDULE FOR SUBMISSION OF RE4 PORTS.—The reports required by paragraph (1) 

5 shall be submitted to Congress and the President ac6 cording to the following schedule: 

7 (A) An initial report shall be submitted not 

8 later than 6 months after the date of the enact9 ment of this Act. 

10 (B) A second report shall be submitted not 

11 later than 1 year after the date of the enact12 ment of this Act. 

13 (C) Additional reports shall be submitted 

14 periodically thereafter, as necessary, as deter15 mined by the head of the relevant department 

16 or agency of the United States in conjunction 

17 with the inspector general of that department 

18 or agency. 

19 (3) COOPERATION AND COORDINATION.— 

20 (A) COOPERATION.—The head of each de21 partment or agency of the United States and 

22 inspector general required to submit a report 

23 under paragraph (1) shall work in conjunction, 

24 to the extent practicable, with any other such 


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1 head or inspector general required to submit 

2 such a report. 

3 (B) COORDINATION.—The heads of each 

4 department or agency of the United States and 

5 inspectors general required to submit reports 

6 under paragraph (1) shall designate one such 

7 head and one such inspector general to coordi8 nate the conduct of such reports. 

9 (d) INFORMATION SHARING REPORT.—Not later 

10 than 1 year after the date of the enactment of this Act, 

11 the Inspector General of the Department of Homeland Se12 curity and the Inspector General of the Intelligence Com13 munity shall, jointly, submit to Congress and the Presi14 dent a report on the status of the sharing of cyber threat 

15 information, including— 

16 (1) a description of how cyber threat intel17 ligence information, including classified information, 

18 is shared among the agencies and departments of 

19 the United States and with persons responsible for 

20 critical infrastructure; 

21 (2) a description of the mechanisms by which 

22 classified cyber threat information is distributed; 

23 (3) an assessment of the effectiveness of such 

24 information sharing and distribution; and 


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1 (4) any other matters identified by such Inspec2 tors General that would help to fully inform Con3 gress or the President regarding the effectiveness 

4 and legality of cybersecurity programs. 

5 (e) PERSONNEL DETAILS.— 

6 (1) AUTHORITY TO DETAIL.—Notwithstanding 

7 any other provision of law, the head of an element 

8 of the intelligence community that is funded through 

9 the National Intelligence Program may detail an of10 ficer or employee of such element to the National 

11 Cyber Investigative Joint Task Force or to the De12 partment of Homeland Security to assist the Task 

13 Force or the Department with cybersecurity, as 

14 jointly agreed by the head of such element and the 

15 Task Force or the Department. 

16 (2) BASIS FOR DETAIL.—A personnel detail 

17 made under paragraph (1) may be made— 

18 (A) for a period of not more than 3 years; 

19 and 

20 (B) on a reimbursable or nonreimbursable 

21 basis. 

22 (f) SUNSET.—The requirements and authorities of 

23 this section shall terminate on December 31, 2012. 


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1 SEC. 341. SENSE OF THE SENATE ON A SUBCOMMITTEE RE2 LATED TO INTELLIGENCE APPROPRIATIONS. 

3 (a) FINDINGS.—Congress makes the following find4 ings: 

5 (1) The Select Committee on Intelligence of the 

6 Senate was created by Senate Resolution 400 in the 

7 94th Congress to oversee and make continuing stud8 ies of the intelligence activities of the United States. 

9 (2) Senate Resolution 400 specifically required 

10 that the Select Committee on Intelligence be com11 posed of at least two cross-over members, with one 

12 such member from each party, from the Committee 

13 on Appropriations, the Committee on Armed Serv14 ices, Committee on Foreign Relations, and the Com15 mittee on the Judiciary of the Senate, which would 

16 provide such Committees with member insight into 

17 intelligence oversight matters. 

18 (3) The National Commission on Terrorist At19 tacks Upon the United States (referred to in this 

20 section as the ‘‘9/11 Commission’’) conducted a 

21 lengthy review of the facts and circumstances relat22 ing to the terrorist attacks of September 11, 2001, 

23 including those relating to the intelligence commu24 nity, law enforcement agencies, and the role of con25 gressional oversight and resource allocation. 


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1 (4) In its final report, the 9/11 Commission 

2 found that under the Rules of the Senate and the 

3 House of Representatives in effect at the time the 

4 report was completed, the committees of Congress 

5 charged with oversight of the intelligence activities 

6 lacked the power, influence, and sustained capability 

7 to meet the daunting challenges faced by the intel8 ligence community of the United States. 

9 (5) In its final report, the 9/11 Commission 

10 further found that as long as oversight is governed 

11 by such rules of the Senate and the House of Rep12 resentatives, the people of the United States will not 

13 get the security they want and need. 

14 (6) In its final report, the 9/11 Commission 

15 further found that a strong, stable, and capable con16 gressional committee structure is needed to give the 

17 intelligence community of the United States appro18 priate oversight, support, and leadership. 

19 (7) In its final report, the 9/11 Commission 

20 further found that the reforms recommended by the 

21 9/11 Commission in its final report will not succeed 

22 if congressional oversight of the intelligence commu23 nity in the United States is not changed. 


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1 (8) The 9/11 Commission recommended struc2 tural changes to Congress to improve the oversight 

3 of intelligence activities. 

4 (9) Congress has enacted some of the rec5 ommendations made by the 9/11 Commission and is 

6 considering implementing additional recommenda7 tions of the 9/11 Commission. 

8 (10) The Senate adopted Senate Resolution 445 

9 in the 108th Congress to address some of the intel10 ligence oversight recommendations of the 9/11 Com11 mission by abolishing term limits for the members of 

12 the Select Committee on Intelligence, clarifying ju13 risdiction for intelligence-related nominations, and 

14 streamlining procedures for the referral of intel15 ligence-related legislation, but other aspects of the 9/ 

16 11 Commission recommendations regarding fiscal 

17 oversight of intelligence have not been implemented. 

18 (11) In Senate Resolution 445 in the 108th 

19 Congress, the Senate provided for the establishment 

20 of a Subcommittee on Intelligence of the Committee 

21 on Appropriations and gave it jurisdiction over fund22 ing for intelligence matters. 

23 (12) There remains a need to improve congres24 sional oversight of the intelligence activities of the 

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1 pable congressional committee structure to provide 

2 the intelligence community appropriate oversight, 

3 support, and leadership. 

4 (13) There also remains a need to implement a 

5 key 9/11 Commission recommendation to make 

6 structural changes within Congress to improve the 

7 oversight of intelligence activities and provide vigi8 lant legislative oversight to assure that such activi9 ties are in conformity with the Constitution and laws 

10 of the United States. 

11 (b) SENSE OF THE SENATE ON A SUBCOMMITTEE

12 RELATED TO INTELLIGENCE APPROPRIATIONS.—It is the 

13 sense of the Senate that the Senate should agree to a Res14 olution that amends section 402 of Senate Resolution 445, 

15 108th Congress, agreed to October 9, 2004, as proposed 

16 in Senate Resolution 665, 110th Congress, introduced on 

17 September 11, 2008, to establish within the Committee 

18 on Appropriations of the Senate a Subcommittee on Intel19 ligence. 

20 SEC. 342. REPEAL OR MODIFICATION OF CERTAIN REPORT21 ING REQUIREMENTS. 

22 (a) ANNUAL REPORT ON INTELLIGENCE.— 

23 (1) REPEAL.—Section 109 of the National Se24 curity Act of 1947 (50 U.S.C. 404d) is repealed. 


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1 (2) TABLE OF CONTENTS AMENDMENT.—The 

2 table of contents in the first section of the National 

3 Security Act of 1947 is amended by striking the 

4 item relating to section 109. 

5 (b) ANNUAL AND SPECIAL REPORTS ON INTEL6 LIGENCE SHARING WITH THE UNITED NATIONS.—Sec7 tion 112 of the National Security Act of 1947 (50 U.S.C. 

8 404g) is amended— 

9 (1) by striking subsection (b); and 

10 (2) by redesignating subsections (c), (d), and 

11 (e) as subsections (b), (c), and (d), respectively. 

12 (c) ANNUAL REPORT ON PROGRESS IN AUDITABLE

13 FINANCIAL STATEMENTS.— 

14 (1) REPEAL.—Section 114A of the National Se15 curity Act of 1947 (50 U.S.C. 404i–1) is repealed. 

16 (2) TABLE OF CONTENTS AMENDMENT.—The 

17 table of contents in the first section of the National 

18 Security Act of 1947 is amended by striking the 

19 item relating to section 114A. 

20 (d) ELIMINATION OF REPORTING REQUIREMENT ON

21 FINANCIAL INTELLIGENCE ON TERRORIST ASSETS.— 

22 (1) IN GENERAL.—Section 118 of the National 

23 Security Act of 1947 (50 U.S.C. 404m) is amend24 ed— 


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1 (A) in the section heading, by striking 

2 ‘‘SEMIANNUAL REPORT ON’’ and inserting 

3 ‘‘EMERGENCY NOTIFICATION REGARDING’’; 

4 (B) by striking subsection (a); 

5 (C) by redesignating subsection (b) as sub6 section (a); 

7 (D) by striking subsection (c); and 

8 (E) by redesignating subsection (d) as sub9 section (b). 

10 (2) TABLE OF CONTENTS AMENDMENT.—The 

11 table of contents in the first section of the National 

12 Security Act of 1947 is amended by striking the 

13 item related to section 118 and inserting the fol14 lowing: 

‘‘Sec. 118. Emergency notification regarding financial intelligence on terrorist 

assets.’’. 

15 (e) ANNUAL CERTIFICATION ON COUNTERINTEL16 LIGENCE INITIATIVES.—Section 1102(b) of the National 

17 Security Act of 1947 (50 U.S.C. 442a(b)) is amended— 

18 (1) by striking ‘‘(1)’’; and 

19 (2) by striking paragraph (2). 

20 (f) REPORT AND CERTIFICATION UNDER TERRORIST

21 IDENTIFICATION CLASSIFICATION SYSTEM.—Section 343 

22 of the Intelligence Authorization Act for Fiscal Year 2003 

23 (50 U.S.C. 404n–2) is amended— 

24 (1) by striking subsection (d); and 


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1 (2) by redesignating subsections (e), (f), (g), 

2 and (h) as subsections (d), (e), (f), and (g), respec3 tively. 

4 (g) ANNUAL REPORT ON COUNTERDRUG INTEL5 LIGENCE MATTERS.—Section 826 of the Intelligence Au6 thorization Act for Fiscal Year 2003 (Public Law 107– 

7 306; 116 Stat. 2429; 21 U.S.C. 873 note) is repealed. 

8 (h) BIENNIAL REPORT ON FOREIGN INDUSTRIAL ES9 PIONAGE.—Subsection (b) of section 809 of the Intel10 ligence Authorization Act for Fiscal Year 1995 (50 U.S.C. 

11 App. 2170b) is amended— 

12 (1) in the heading, by striking ‘‘ANNUAL UP13 DATE’’ and inserting ‘‘BIENNIAL REPORT’’; 

14 (2) by striking paragraphs (1) and (2) and in15 serting the following: 

16 ‘‘(1) REQUIREMENT TO SUBMIT.—Not later 

17 than February 1, 2010 and once every two years 

18 thereafter, the President shall submit to the congres19 sional intelligence committees and congressional 

20 leadership a report updating the information re21 ferred to in subsection (a) (1) (D) not later than 

22 February 1, 2010 and every two years thereafter.’’; 

23 and 

24 (3) by redesignating paragraph (3) as para25 graph (2). 


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1 (i) CONFORMING AMENDMENTS.—Section 507(a) of 

2 the National Security Act of 1947 (50 U.S.C. 415b(a)) 

3 is amended— 

4 (1) in paragraph (1)— 

5 (A) by striking subparagraphs (A) and 

6 (B); and 

7 (B) by redesignating subparagraphs (C) 

8 through (N) as subparagraphs (A) through (L), 

9 respectively; and 

10 (2) in paragraph (2), by striking subparagraph 

11 (D). 

12 Subtitle E—Other Matters 

13 SEC. 351. EXTENSION OF AUTHORITY TO DELETE INFORMA14 TION ABOUT RECEIPT AND DISPOSITION OF 

15 FOREIGN GIFTS AND DECORATIONS. 

16 Paragraph (4) of section 7342(f) of title 5, United 

17 States Code, is amended to read as follows: 

18 ‘‘(4)(A) In transmitting such listings for an element 

19 of the intelligence community, the head of such element 

20 may delete the information described in subparagraph (A) 

21 or (C) of paragraph (2) or in subparagraph (A) or (C) 

22 of paragraph (3) if the head of such element certifies in 

23 writing to the Secretary of State that the publication of 

24 such information could adversely affect United States in25 telligence sources or methods. 


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1 ‘‘(B) Any information not provided to the Secretary 

2 of State pursuant to the authority in subparagraph (A) 

3 shall be transmitted to the Director of National Intel4 ligence who shall keep a record of such information. 

5 ‘‘(C) In this paragraph, the term ‘element of the in6 telligence community’ means an element of the intelligence 

7 community listed in or designated under section 3(4) of 

8 the National Security Act of 1947 (50 U.S.C. 401a(4)).’’. 

9 SEC. 352. EXEMPTION OF DISSEMINATION OF TERRORIST 

10 IDENTITY INFORMATION FROM FREEDOM OF 

11 INFORMATION ACT. 

12 Section 119 of the National Security Act of 1947 (50 

13 U.S.C. Section 404o) is amended by adding at the end 

14 the following new subsection: 

15 ‘‘(k) EXEMPTION OF DISSEMINATION OF TERRORIST

16 IDENTITY INFORMATION FROM FREEDOM OF INFORMA17 TION ACT.—(1) Terrorist identity information dissemi18 nated for terrorist screening purposes shall be exempt 

19 from disclosure under section 552 of title 5, United States 

20 Code. 

21 ‘‘(2) In this section, the term ‘terrorist identity infor22 mation’ means— 

23 ‘‘(A) information from a database maintained 

24 by any element of the Federal Government that 

25 would reveal whether an individual has or has not 


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1 been determined to be a known or suspected ter2 rorist or has or has not been determined to be with3 in the networks of contacts and support of a known 

4 or suspected terrorist; and 

5 ‘‘(B) information related to a determination as 

6 to whether or not an individual is or should be in7 cluded in the Terrorist Screening Database or other 

8 screening databases based on a determination that 

9 the individual is a known or suspected terrorist.’’. 

10 SEC. 353. MODIFICATION OF AVAILABILITY OF FUNDS FOR 

11 DIFFERENT INTELLIGENCE ACTIVITIES. 

12 Subparagraph (B) of section 504(a)(3) of the Na13 tional Security Act of 1947 (50 U.S.C. 414(a)(3)) is 

14 amended to read as follows: 

15 ‘‘(B) the use of such funds for such activity 

16 supports an emergent need, improves program effec17 tiveness, or increases efficiency; and’’. 

18 SEC. 354. LIMITATION ON REPROGRAMMINGS AND TRANS19 FERS OF FUNDS. 

20 (a) IN GENERAL.—Paragraph (3) of section 504 of 

21 the National Security Act of 1947 (50 U.S.C. 414) is 

22 amended— 

23 (1) in subparagraph (B), as amended by section 

24 353, by striking ‘‘and’’ at the end; 


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1 (2) in subparagraph (C), by adding ‘‘and’’ at 

2 the end; and 

3 (3) by adding at the end the following new sub4 paragraph: 

5 ‘‘(D) the making available of such funds 

6 for such activity complies with the requirements 

7 in subsection (d);’’. 

8 (b) PROCEDURES.—Such section 504 is further 

9 amended— 

10 (1) by redesignating subsections (c), (d), (e), 

11 and (f), as redesignated by section 334(2), as sub12 sections (d), (e), (f), and (g), respectively; and 

13 (2) by inserting after subsection (b) the fol14 lowing new subsection (c): 

15 ‘‘(c)(1) Except as provided in paragraph (2), if fol16 lowing a notice of intent to make funds available for a 

17 different activity under subsection (a)(3)(C) one of the 

18 congressional intelligence committees submits to the ele19 ment of the intelligence community that will carry out 

20 such activity a request for additional information on such 

21 activity, such funds may not be made available for such 

22 activity under subsection (a)(3) until such date, up to 90 

23 days after the date of such request, as specified by such 

24 congressional intelligence committee. 


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1 ‘‘(2) The President may waive the requirements of 

2 paragraph (1) and make funds available for an element 

3 of the intelligence community to carry out a different ac4 tivity under subsection (a)(3) if the President submits to 

5 the congressional intelligence committees a certification 

6 providing that— 

7 ‘‘(A) the use of such funds for such activity is 

8 necessary to fulfill an urgent operational require9 ment, excluding a cost overrun on the acquisition of 

10 a major system, of an element of the intelligence 

11 community; and 

12 ‘‘(B) such waiver is necessary so that an ele13 ment of the intelligence community may carry out 

14 such activity prior to the date that funds would be 

15 made available under paragraph (1).’’. 

16 (c) DEFINITIONS.—Subsection (g) of such section 

17 504, as redesignated by subsection (b)(1) of this section, 

18 is amended— 

19 (1) by redesignating paragraph (3) as para20 graph (4); 

21 (2) by redesignating paragraphs (1) and (2) as 

22 paragraphs (1) and (2), respectively; 

23 (3) by striking ‘‘and’’ at the end of paragraph 

24 (1), as redesignated by paragraph (2) of this sub25 section; and 


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1 (4) by inserting after paragraph (2), as redesig2 nated by paragraph (2) of this subsection, the fol3 lowing: 

4 ‘‘(3) the term ‘major system’ has the meaning 

5 given that term in section 4 of the Office of Federal 

6 Procurement Policy Act (41 U.S.C. 403); and’’. 

7 SEC. 355. PROTECTION OF CERTAIN NATIONAL SECURITY 

8 INFORMATION. 

9 (a) INCREASE IN PENALTIES FOR DISCLOSURE OF

10 UNDERCOVER INTELLIGENCE OFFICERS AND AGENTS.— 

11 (1) DISCLOSURE OF AGENT AFTER ACCESS TO

12 INFORMATION IDENTIFYING AGENT.—Subsection (a) 

13 of section 601 of the National Security Act of 1947 

14 (50 U.S.C. 421) is amended by striking ‘‘ten years’’ 

15 and inserting ‘‘15 years’’. 

16 (2) DISCLOSURE OF AGENT AFTER ACCESS TO

17 CLASSIFIED INFORMATION.—Subsection (b) of such 

18 section is amended by striking ‘‘five years’’ and in19 serting ‘‘10 years’’. 

20 (b) MODIFICATIONS TO ANNUAL REPORT ON PRO21 TECTION OF INTELLIGENCE IDENTITIES.—The first sen22 tence of section 603(a) of the National Security Act of 

23 1947 (50 U.S.C. 423(a)) is amended by inserting ‘‘includ24 ing an assessment of the need for any modification of this 

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1 ert agents,’’ after ‘‘measures to protect the identities of 

2 covert agents,’’. 

3 SEC. 356. NATIONAL INTELLIGENCE PROGRAM BUDGET RE4 QUEST. 

5 (a) FINDING.—Congress finds that the Report of the 

6 National Commission on Terrorist Attacks Upon the 

7 United States (the ‘‘9/11 Commission’’) recommended 

8 that ‘‘the overall amounts of money being appropriated for 

9 national intelligence and to its component agencies should 

10 no longer be kept secret’’ and that ‘‘Congress should pass 

11 a separate appropriations act for intelligence, defending 

12 the broad allocation of how these tens of billions of dollars 

13 have been assigned among the varieties of intelligence 

14 work.’’. 

15 (b) NATIONAL INTELLIGENCE PROGRAM BUDGET

16 REQUEST.—Section 601 of the Implementing Rec17 ommendations of the 9/11 Commission Act of 2007 (50 

18 U.S.C. 415c) is amended by striking subsection (b) and 

19 inserting the following: 

20 ‘‘(b) BUDGET REQUEST.—On the date that the 

21 President submits to Congress the budget for a fiscal year 

22 required under section 1105 of title 31, United States 

23 Code, the President shall disclose to the public the aggre24 gate amount of appropriations requested for that fiscal 

25 year for the National Intelligence Program.’’. 


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1 SEC. 357. IMPROVING THE REVIEW AUTHORITY OF THE 

2 PUBLIC INTEREST DECLASSIFICATION 

3 BOARD. 

4 Paragraph (5) of section 703(b) of the Public Inter5 est Declassification Act of 2000 (50 U.S.C. 435 note) is 

6 amended— 

7 (1) by striking ‘‘jurisdiction,’’ and inserting 

8 ‘‘jurisdiction or by a member of the committee of ju9 risdiction,’’; and 

10 (2) by inserting ‘‘, evaluate the proper classi11 fication of certain records,’’ after ‘‘certain records’’. 

12 SEC. 358. AUTHORITY TO DESIGNATE UNDERCOVER OPER13 ATIONS TO COLLECT FOREIGN INTEL14 LIGENCE OR COUNTERINTELLIGENCE. 

15 Paragraph (1) of section 102(b) of the Department 

16 of Justice and Related Agencies Appropriations Act, 1993 

17 (Public Law 102–395; 28 U.S.C. 533 note) is amended 

18 in the flush text following subparagraph (D) by striking 

19 ‘‘(or, if designated by the Director, the Assistant Director, 

20 Intelligence Division) and the Attorney General (or, if des21 ignated by the Attorney General, the Assistant Attorney 

22 General for National Security)’’ and inserting ‘‘(or a des23 ignee of the Director who is in a position not lower than 

24 Deputy Assistant Director in the National Security 

25 Branch or a similar successor position) and the Attorney 

26 General (or a designee of the Attorney General who is in 


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1 the National Security Division in a position not lower than 

2 Deputy Assistant Attorney General or a similar successor 

3 position)’’. 

4 SEC. 359. CORRECTING LONG-STANDING MATERIAL WEAK5 NESSES. 

6 (a) DEFINITIONS.—In this section: 

7 (1) COVERED ELEMENT OF THE INTELLIGENCE

8 COMMUNITY.—The term ‘‘covered element of the in9 telligence community’’ means— 

10 (A) the Central Intelligence Agency; 

11 (B) the Defense Intelligence Agency; 

12 (C) the National Geospatial-Intelligence 

13 Agency; 

14 (D) the National Reconnaissance Office; or 

15 (E) the National Security Agency. 

16 (2) INDEPENDENT AUDITOR.—The term ‘‘inde17 pendent auditor’’ means an individual who— 

18 (A)(i) is a Federal, State, or local govern19 ment auditor who meets the independence 

20 standards included in generally accepted gov21 ernment auditing standards; or 

22 (ii) is a public accountant who meets such 

23 independence standards; and 

24 (B) is designated as an auditor by the Di25 rector of National Intelligence or the head of a 


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1 covered element of the intelligence community, 

2 as appropriate. 

3 (3) LONG-STANDING, CORRECTABLE MATERIAL

4 WEAKNESS.—The term ‘‘long-standing, correctable 

5 material weakness’’ means a material weakness— 

6 (A) that was first reported in the annual 

7 financial report of a covered element of the in8 telligence community for a fiscal year prior to 

9 fiscal year 2007; and 

10 (B) the correction of which is not substan11 tially dependent on a business system that will 

12 not be implemented prior to the end of fiscal 

13 year 2010. 

14 (4) MATERIAL WEAKNESS.—The term ‘‘mate15 rial weakness’’ has the meaning given that term 

16 under the Office of Management and Budget Cir17 cular A–123, entitled ‘‘Management’s Responsibility 

18 for Internal Control,’’ revised December 21, 2004. 

19 (5) COVERED PROGRAM.—The term ‘‘covered 

20 program’’ means— 

21 (A) the Central Intelligence Agency Pro22 gram; 

23 (B) the Consolidated Cryptologic Program; 

24 (C) the General Defense Intelligence Pro25 gram; 


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1 (D) the National Geospatial-Intelligence 

2 Program; or 

3 (E) the National Reconnaissance Program. 

4 (6) SENIOR INTELLIGENCE MANAGEMENT OFFI5 CIAL.—The term ‘‘senior intelligence management 

6 official’’ means an official within a covered element 

7 of the intelligence community who holds a position— 

8 (A)(i) for which the level of the duties and 

9 responsibilities and the rate of pay are com10 parable to that of a position— 

11 (I) above grade 15 of the General 

12 Schedule (as described in section 5332 of 

13 title 5, United States Code); or 

14 (II) at or above level IV of the Execu15 tive Level (as described in section 5315 of 

16 title 5, United States Code); or 

17 (ii) as the head of a covered element of the 

18 intelligence community; and 

19 (B) which is compensated for employment 

20 with funds appropriated pursuant to an author21 ization of appropriations in this Act. 

22 (b) IDENTIFICATION OF SENIOR INTELLIGENCE

23 MANAGEMENT OFFICIALS.— 

24 (1) REQUIREMENT TO IDENTIFY.—Not later 

25 than 30 days after the date of the enactment of this 


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1 Act, the head of a covered element of the intelligence 

2 community shall identify each senior intelligence 

3 management official of such element who is respon4 sible for correcting a long-standing, correctable ma5 terial weakness. 

6 (2) HEAD OF A COVERED ELEMENT OF THE IN7 TELLIGENCE COMMUNITY.—The head of a covered 

8 element of the intelligence community may designate 

9 himself or herself as the senior intelligence manage10 ment official responsible for correcting a long-stand11 ing, correctable material weakness. 

12 (3) REQUIREMENT TO UPDATE DESIGNATION.— 

13 In the event a senior intelligence management offi14 cial identified under paragraph (1) is determined by 

15 the head of the appropriate covered element of the 

16 intelligence community to no longer be responsible 

17 for correcting a long-standing, correctable material 

18 weakness, the head of such element shall identify the 

19 successor to such official not later than 10 days 

20 after the date of such determination. 

21 (c) NOTIFICATION.—Not later than 10 days after the 

22 date that the head of a covered element of the intelligence 

23 community has identified a senior intelligence manage24 ment official pursuant to subsection (b)(1), the head of 

25 such element shall provide written notification of such 


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1 identification to the Director of National Intelligence and 

2 to such senior intelligence management official. 

3 (d) INDEPENDENT REVIEW.— 

4 (1) NOTIFICATION OF CORRECTION OF DEFI5 CIENCY.—A senior intelligence management official 

6 who has received a notification under subsection (c) 

7 regarding a long-standing, correctable material 

8 weakness shall notify the head of the appropriate 

9 covered element of the intelligence community, not 

10 later than 5 days after the date that such official de11 termines that the specified material weakness is cor12 rected. 

13 (2) REQUIREMENT FOR INDEPENDENT RE14 VIEW.— 

15 (A) IN GENERAL.—Not later than 10 days 

16 after the date a notification is provided under 

17 paragraph (1), the head of the appropriate cov18 ered element of the intelligence community shall 

19 appoint an independent auditor to conduct an 

20 independent review to determine whether the 

21 specified long-standing, correctable material 

22 weakness has been corrected. 

23 (B) REVIEW ALREADY IN PROCESS.—If an 

24 independent review is already being conducted 

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1 ered element of the intelligence community may 

2 approve the continuation of such review to com3 ply with subparagraph (A). 

4 (C) CONDUCT OF REVIEW.—A review con5 ducted under subparagraph (A) or (B) shall be 

6 conducted as expeditiously as possible and in 

7 accordance with generally accepted accounting 

8 principles. 

9 (3) NOTIFICATION OF RESULTS OF REVIEW.— 

10 Not later than 5 days after the date that a review 

11 required by paragraph (2) is completed, the inde12 pendent auditor shall submit to the head of the cov13 ered element of the intelligence community, the Di14 rector of National Intelligence, and the senior intel15 ligence management official involved a notification of 

16 the results of such review. 

17 (e) CONGRESSIONAL OVERSIGHT.—The head of a 

18 covered element of the intelligence community shall notify 

19 the congressional intelligence committees not later than 30 

20 days after the date of— 

21 (1) that a senior intelligence management offi22 cial is identified under subsection (b)(1) and notified 

23 under subsection (c); or 


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1 (2) the correction of a long-standing, correct2 able material weakness, as verified by an inde3 pendent review under subsection (d)(2). 

4 TITLE IV—MATTERS RELATING 

5 TO ELEMENTS OF THE INTEL6 LIGENCE COMMUNITY 

7 Subtitle A—Office of the Director 

8 of National Intelligence 

9 SEC. 401. ACCOUNTABILITY REVIEWS BY THE DIRECTOR OF 

10 NATIONAL INTELLIGENCE. 

11 (a) RESPONSIBILITY OF THE DIRECTOR OF NA12 TIONAL INTELLIGENCE.—Subsection (b) of section 102 of 

13 the National Security Act of 1947 (50 U.S.C. 403) is 

14 amended— 

15 (1) in paragraph (2), by striking ‘‘and’’ at the 

16 end; 

17 (2) in paragraph (3)— 

18 (A) by striking ‘‘2004,’’ and inserting 

19 ‘‘2004 (Public Law 108–458; 50 U.S.C. 403 

20 note),’’; and 

21 (B) by striking the period at the end and 

22 inserting ‘‘; and’’; and 

23 (3) by adding at the end the following new 

24 paragraph: 


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1 ‘‘(4) conduct accountability reviews of elements 

2 of the intelligence community and the personnel of 

3 such elements, if appropriate.’’. 

4 (b) TASKING AND OTHER AUTHORITIES.—Sub5 section (f) of section 102A of the National Security Act 

6 of 1947 (50 U.S.C. 403–1) is amended— 

7 (1) by redesignating paragraphs (7) and (8) as 

8 paragraphs (8) and (9), respectively; and 

9 (2) by inserting after paragraph (6) the fol10 lowing new paragraph: 

11 ‘‘(7)(A) The Director of National Intelligence shall, 

12 if the Director determines it is necessary, or may, if re13 quested by a congressional intelligence committee, conduct 

14 an accountability review of an element of the intelligence 

15 community or the personnel of such element in relation 

16 to a failure or deficiency within the intelligence commu17 nity. 

18 ‘‘(B) The Director of National Intelligence, in con19 sultation with the Attorney General, shall establish guide20 lines and procedures for conducting an accountability re21 view under subparagraph (A). 

22 ‘‘(C)(i) The Director of National Intelligence shall 

23 provide the findings of an accountability review conducted 

24 under subparagraph (A) and the Director’s recommenda25 tions for corrective or punitive action, if any, to the head 


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1 of the applicable element of the intelligence community. 

2 Such recommendations may include a recommendation for 

3 dismissal of personnel. 

4 ‘‘(ii) If the head of such element does not implement 

5 a recommendation made by the Director under clause (i), 

6 the head of such element shall submit to the congressional 

7 intelligence committees a notice of the determination not 

8 to implement the recommendation, including the reasons 

9 for the determination. 

10 ‘‘(D) The requirements of this paragraph shall not 

11 limit any authority of the Director of National Intelligence 

12 under subsection (m) or with respect to supervision of the 

13 Central Intelligence Agency.’’. 

14 SEC. 402. AUTHORITIES FOR INTELLIGENCE INFORMATION 

15 SHARING. 

16 (a) AUTHORITIES FOR INTERAGENCY FUNDING.— 

17 Section 102A(g)(1) of the National Security Act of 1947 

18 (50 U.S.C. 403–1(g)(1)) is amended— 

19 (1) in subparagraph (E), by striking ‘‘and’’ at 

20 the end; 

21 (2) in subparagraph (F), by striking the period 

22 and inserting a semicolon; and 

23 (3) by adding at the end the following new sub24 paragraphs: 


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1 ‘‘(G) in carrying out this subsection, without re2 gard to any other provision of law (other than this 

3 Act and the National Security Intelligence Reform 

4 Act of 2004 (title I of Public Law 108–458; 118 

5 Stat. 3643)), expend funds and make funds available 

6 to other departments or agencies of the United 

7 States for, and direct the development and fielding 

8 of, systems of common concern related to the collec9 tion, processing, analysis, exploitation, and dissemi10 nation of intelligence information; and 

11 ‘‘(H) for purposes of addressing critical gaps in 

12 intelligence information sharing or access capabili13 ties, have the authority to transfer funds appro14 priated for a program within the National Intel15 ligence Program to a program funded by appropria16 tions not within the National Intelligence Program, 

17 consistent with paragraphs (3) through (7) of sub18 section (d).’’. 

19 (b) AUTHORITIES OF HEADS OF OTHER DEPART20 MENTS AND AGENCIES.—Notwithstanding any other pro21 vision of law, the head of any department or agency of 

22 the United States is authorized to receive and utilize funds 

23 made available to the department or agency by the Direc24 tor of National Intelligence pursuant to section 

25 102A(g)(1) of the National Security Act of 1947 (50 


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1 U.S.C. 403–1(g)(1)), as amended by subsection (a), and 

2 receive and utilize any system referred to in such section 

3 that is made available to the department or agency. 

4 (c) REPORTS.— 

5 (1) REQUIREMENT FOR REPORTS.—Not later 

6 than February 1 of each of the fiscal years 2011 

7 through 2014, the Director of National Intelligence 

8 shall submit to the congressional intelligence com9 mittees a report detailing the distribution of funds 

10 and systems during the preceding fiscal year pursu11 ant to subparagraph (G) or (H) of section 

12 102A(g)(1) of the National Security Act of 1947 (50 

13 U.S.C. 403–1(g)(1)), as added by subsection (a). 

14 (2) CONTENT.—Each such report shall in15 clude— 

16 (A) a listing of the agencies or depart17 ments to which such funds or systems were dis18 tributed; 

19 (B) a description of the purpose for which 

20 such funds or systems were distributed; and 

21 (C) a description of the expenditure of 

22 such funds, and the development, fielding, and 

23 use of such systems by the receiving agency or 

24 department. 


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1 SEC. 403. AUTHORITIES FOR INTERAGENCY FUNDING. 

2 (a) IN GENERAL.—Section 102A of the National Se3 curity Act of 1947 (50 U.S.C. 403–1), as amended by sec4 tions 303, 304, and 312, is further amended by adding 

5 at the end the following new subsection: 

6 ‘‘(x) AUTHORITIES FOR INTERAGENCY FUNDING.— 

7 (1) Notwithstanding section 1346 of title 31, United 

8 States Code, or any other provision of law prohibiting the 

9 interagency financing of activities described in subpara10 graph (A) or (B), upon the request of the Director of Na11 tional Intelligence, any element of the intelligence commu12 nity may use appropriated funds to support or participate 

13 in the interagency activities of the following: 

14 ‘‘(A) National intelligence centers established 

15 by the Director under section 119B. 

16 ‘‘(B) Boards, commissions, councils, commit17 tees, and similar groups that are established— 

18 ‘‘(i) for a term of not more than 2 years; 

19 and 

20 ‘‘(ii) by the Director. 

21 ‘‘(2) No provision of law enacted after the date of 

22 the enactment of the Intelligence Authorization Act for 

23 Fiscal Year 2010 shall be construed to limit or supersede 

24 the authority in paragraph (1) unless such provision 

25 makes specific reference to the authority in that para26 graph.’’. 


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1 (b) REPORTS.—Not later than February 1 of each 

2 fiscal year 2011 through 2014, the Director of National 

3 Intelligence shall submit to the congressional intelligence 

4 committees a report detailing the exercise of any authority 

5 pursuant to subsection (x) of section 102A of the National 

6 Security Act of 1947 (50 U.S.C. 403–1), as added by sub7 section (a), during the preceding fiscal year. 

8 SEC. 404. LOCATION OF THE OFFICE OF THE DIRECTOR OF 

9 NATIONAL INTELLIGENCE. 

10 Subsection (e) of section 103 of the National Security 

11 Act of 1947 (50 U.S.C. 403–3) is amended to read as 

12 follows: 

13 ‘‘(e) LOCATION OF THE OFFICE OF THE DIRECTOR

14 OF NATIONAL INTELLIGENCE.—The headquarters of the 

15 Office of the Director of National Intelligence may be lo16 cated in the Washington metropolitan region, as that term 

17 is defined in section 8301 of title 40, United States 

18 Code.’’. 

19 SEC. 405. ADDITIONAL DUTIES OF THE DIRECTOR OF 

20 SCIENCE AND TECHNOLOGY. 

21 (a) IN GENERAL.—Section 103E of the National Se22 curity Act of 1947 (50 U.S.C. 403–3e) is amended— 

23 (1) in subsection (c)— 

24 (A) by redesignating paragraph (5) as 

25 paragraph (7); 


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1 (B) in paragraph (4), by striking ‘‘and’’ at 

2 the end; and 

3 (C) by inserting after paragraph (4) the 

4 following: 

5 ‘‘(5) assist the Director in establishing goals for 

6 basic, applied, and advanced research to meet the 

7 technology needs of the intelligence community and 

8 to be executed by elements of the intelligence com9 munity by— 

10 ‘‘(A) systematically identifying, assessing, 

11 and prioritizing the most significant intelligence 

12 challenges that require technical solutions; and 

13 ‘‘(B) examining options to enhance the re14 sponsiveness of research programs; 

15 ‘‘(6) submit to Congress an annual report on 

16 the science and technology strategy of the Director; 

17 and’’; and 

18 (2) in paragraph (3) of subsection (d)— 

19 (A) by redesignating subparagraphs (A) 

20 and (B) as subparagraphs (B) and (C), respec21 tively; 

22 (B) in subparagraph (B), as so redesig23 nated, by inserting ‘‘and prioritize’’ after ‘‘co24 ordinate’’; and 


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1 (C) by inserting before subparagraph (B), 

2 as so redesignated, the following new subpara3 graph: 

4 ‘‘(A) identify basic, advanced, and applied 

5 research programs to be executed by elements 

6 of the intelligence community;’’. 

7 (b) SENSE OF CONGRESS ON SUPERVISION OF THE

8 DIRECTOR OF SCIENCE AND TECHNOLOGY.—It is the 

9 sense of Congress that the Director of Science and Tech10 nology of the Office of the Director of National Intel11 ligence should report only to a member of such Office who 

12 is appointed by the President, by and with the consent 

13 of the Senate. 

14 SEC. 406. TITLE AND APPOINTMENT OF CHIEF INFORMA15 TION OFFICER OF THE INTELLIGENCE COM16 MUNITY. 

17 Section 103G of the National Security Act of 1947 

18 (50 U.S.C. 403–3g) is amended— 

19 (1) in subsection (a)— 

20 (A) by inserting ‘‘of the Intelligence Com21 munity’’ after ‘‘Chief Information Officer’’; and 

22 (B) by striking ‘‘President,’’ and all that 

23 follows and inserting ‘‘President.’’; 


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1 (2) by striking subsection (b) and redesignating 

2 subsections (c) and (d) as subsections (b) and (c), 

3 respectively; 

4 (3) in subsection (b) (as so redesignated), by 

5 inserting ‘‘of the Intelligence Community’’ after 

6 ‘‘Chief Information Officer’’; and 

7 (4) in subsection (c) (as so redesignated), by in8 serting ‘‘of the Intelligence Community’’ after 

9 ‘‘Chief Information Officer’’ the first place it ap10 pears. 

11 SEC. 407. INSPECTOR GENERAL OF THE INTELLIGENCE 

12 COMMUNITY. 

13 (a) ESTABLISHMENT.— 

14 (1) IN GENERAL.—Title I of the National Secu15 rity Act of 1947 (50 U.S.C. 402 et seq.) is amended 

16 by inserting after section 103G the following new 

17 section: 

18 ‘‘INSPECTOR GENERAL OF THE INTELLIGENCE

19 COMMUNITY

20 ‘‘SEC. 103H. (a) OFFICE OF INSPECTOR GENERAL

21 OF THE INTELLIGENCE COMMUNITY.—There is within the 

22 Office of the Director of National Intelligence an Office 

23 of the Inspector General of the Intelligence Community. 

24 ‘‘(b) PURPOSE.—The purpose of the Office of the In25 spector General of the Intelligence Community is— 


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1 ‘‘(1) to create an objective and effective office, 

2 appropriately accountable to Congress, to initiate 

3 and conduct independently investigations, inspec4 tions, audits, and reviews on programs and activities 

5 within the responsibility and authority of the Direc6 tor of National Intelligence; 

7 ‘‘(2) to provide leadership and coordination and 

8 recommend policies for activities designed— 

9 ‘‘(A) to promote economy, efficiency, and 

10 effectiveness in the administration and imple11 mentation of such programs and activities; and 

12 ‘‘(B) to prevent and detect fraud and 

13 abuse in such programs and activities; 

14 ‘‘(3) to provide a means for keeping the Direc15 tor of National Intelligence fully and currently in16 formed about— 

17 ‘‘(A) problems and deficiencies relating to 

18 the administration of programs and activities 

19 within the responsibility and authority of the 

20 Director of National Intelligence; and 

21 ‘‘(B) the necessity for, and the progress of, 

22 corrective actions; and 

23 ‘‘(4) in the manner prescribed by this section, 

24 to ensure that the congressional intelligence commit25 tees are kept similarly informed of— 


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1 ‘‘(A) significant problems and deficiencies 

2 relating to programs and activities within the 

3 responsibility and authority of the Director of 

4 National Intelligence; and 

5 ‘‘(B) the necessity for, and the progress of, 

6 corrective actions. 

7 ‘‘(c) INSPECTOR GENERAL OF THE INTELLIGENCE

8 COMMUNITY.—(1) There is an Inspector General of the 

9 Intelligence Community, who shall be the head of the Of10 fice of the Inspector General of the Intelligence Commu11 nity, who shall be appointed by the President, by and with 

12 the advice and consent of the Senate. 

13 ‘‘(2) The nomination of an individual for appointment 

14 as Inspector General shall be made— 

15 ‘‘(A) without regard to political affiliation; 

16 ‘‘(B) on the basis of integrity, compliance with 

17 security standards of the intelligence community, 

18 and prior experience in the field of intelligence or 

19 national security; and 

20 ‘‘(C) on the basis of demonstrated ability in ac21 counting, financial analysis, law, management anal22 ysis, public administration, or investigations. 

23 ‘‘(3) The Inspector General shall report directly to 

24 and be under the general supervision of the Director of 

25 National Intelligence. 


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1 ‘‘(4) The Inspector General may be removed from of2 fice only by the President. The President shall commu3 nicate in writing to the congressional intelligence commit4 tees the reasons for the removal not later than 30 days 

5 prior to the effective date of such removal. 

6 ‘‘(d) ASSISTANT INSPECTORS GENERAL.—Subject to 

7 applicable law and the policies of the Director of National 

8 Intelligence, the Inspector General shall— 

9 ‘‘(1) appoint an Assistant Inspector General for 

10 Audit who shall have the responsibility for super11 vising the performance of auditing activities relating 

12 to programs and activities within the responsibility 

13 and authority of the Director; 

14 ‘‘(2) appoint an Assistant Inspector General for 

15 Investigations who shall have the responsibility for 

16 supervising the performance of investigative activi17 ties relating to such programs and activities; and 

18 ‘‘(3) appoint other Assistant Inspectors General 

19 that, in the judgment of the Inspector General, are 

20 necessary to carry out the duties of the Inspector 

21 General. 

22 ‘‘(e) DUTIES AND RESPONSIBILITIES.—It shall be 

23 the duty and responsibility of the Inspector General of the 

24 Intelligence Community— 


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1 ‘‘(1) to provide policy direction for, and to plan, 

2 conduct, supervise, and coordinate independently, 

3 the investigations, inspections, audits, and reviews 

4 relating to programs and activities within the re5 sponsibility and authority of the Director of Na6 tional Intelligence; 

7 ‘‘(2) to keep the Director of National Intel8 ligence fully and currently informed concerning vio9 lations of law and regulations, fraud and other seri10 ous problems, abuses, and deficiencies relating to the 

11 programs and activities within the responsibility and 

12 authority of the Director, to recommend corrective 

13 action concerning such problems, and to report on 

14 the progress made in implementing such corrective 

15 action; 

16 ‘‘(3) to take due regard for the protection of in17 telligence sources and methods in the preparation of 

18 all reports issued by the Inspector General, and, to 

19 the extent consistent with the purpose and objective 

20 of such reports, take such measures as may be ap21 propriate to minimize the disclosure of intelligence 

22 sources and methods described in such reports; and 

23 ‘‘(4) in the execution of the duties and respon24 sibilities under this section, to comply with generally 

25 accepted government auditing. 


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1 ‘‘(f) LIMITATIONS ON ACTIVITIES.—(1) The Director 

2 of National Intelligence may prohibit the Inspector Gen3 eral of the Intelligence Community from initiating, car4 rying out, or completing any investigation, inspection, 

5 audit, or review if the Director determines that such prohi6 bition is necessary to protect vital national security inter7 ests of the United States. 

8 ‘‘(2) If the Director exercises the authority under 

9 paragraph (1), the Director shall submit an appropriately 

10 classified statement of the reasons for the exercise of such 

11 authority within 7 days to the congressional intelligence 

12 committees. 

13 ‘‘(3) The Director shall advise the Inspector General 

14 at the time a statement under paragraph (2) is submitted, 

15 and, to the extent consistent with the protection of intel16 ligence sources and methods, provide the Inspector Gen17 eral with a copy of such statement. 

18 ‘‘(4) The Inspector General may submit to the con19 gressional intelligence committees any comments on the 

20 statement of which the Inspector General has notice under 

21 paragraph (3) that the Inspector General considers appro22 priate. 

23 ‘‘(g) AUTHORITIES.—(1) The Inspector General of 

24 the Intelligence Community shall have direct and prompt 

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1 essary for any purpose pertaining to the performance of 

2 the duties of the Inspector General. 

3 ‘‘(2)(A) The Inspector General shall, subject to the 

4 limitations in subsection (f), make such investigations and 

5 reports relating to the administration of the programs and 

6 activities within the authorities and responsibilities of the 

7 Director as are, in the judgment of the Inspector General, 

8 necessary or desirable. 

9 ‘‘(B) The Inspector General shall have access to any 

10 employee, or any employee of contract personnel, of any 

11 element of the intelligence community needed for the per12 formance of the duties of the Inspector General. 

13 ‘‘(C) The Inspector General shall have direct access 

14 to all records, reports, audits, reviews, documents, papers, 

15 recommendations, or other material which relate to the 

16 programs and activities with respect to which the Inspec17 tor General has responsibilities under this section. 

18 ‘‘(D) The level of classification or compartmentation 

19 of information shall not, in and of itself, provide a suffi20 cient rationale for denying the Inspector General access 

21 to any materials under subparagraph (C). 

22 ‘‘(E) The Director, or on the recommendation of the 

23 Director, another appropriate official of the intelligence 

24 community, shall take appropriate administrative actions 

25 against an employee, or an employee of contract personnel, 


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1 of an element of the intelligence community that fails to 

2 cooperate with the Inspector General. Such administrative 

3 action may include loss of employment or the termination 

4 of an existing contractual relationship. 

5 ‘‘(3) The Inspector General is authorized to receive 

6 and investigate, pursuant to subsection (h), complaints or 

7 information from any person concerning the existence of 

8 an activity within the authorities and responsibilities of 

9 the Director of National Intelligence constituting a viola10 tion of laws, rules, or regulations, or mismanagement, 

11 gross waste of funds, abuse of authority, or a substantial 

12 and specific danger to the public health and safety. Once 

13 such complaint or information has been received from an 

14 employee of the intelligence community— 

15 ‘‘(A) the Inspector General shall not disclose 

16 the identity of the employee without the consent of 

17 the employee, unless the Inspector General deter18 mines that such disclosure is unavoidable during the 

19 course of the investigation or the disclosure is made 

20 to an official of the Department of Justice respon21 sible for determining whether a prosecution should 

22 be undertaken; and 

23 ‘‘(B) no action constituting a reprisal, or threat 

24 of reprisal, for making such complaint or disclosing 

25 such information to the Inspector General may be 


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1 taken by any employee in a position to take such ac2 tions, unless the complaint was made or the infor3 mation was disclosed with the knowledge that it was 

4 false or with willful disregard for its truth or falsity. 

5 ‘‘(4) The Inspector General shall have authority to 

6 administer to or take from any person an oath, affirma7 tion, or affidavit, whenever necessary in the performance 

8 of the duties of the Inspector General, which oath, affir9 mation, or affidavit when administered or taken by or be10 fore an employee of the Office of the Inspector General 

11 of the Intelligence Community designated by the Inspector 

12 General shall have the same force and effect as if adminis13 tered or taken by, or before, an officer having a seal. 

14 ‘‘(5)(A) Except as provided in subparagraph (B), the 

15 Inspector General is authorized to require by subpoena the 

16 production of all information, documents, reports, an17 swers, records, accounts, papers, and other data in any 

18 medium (including electronically stored information, as 

19 well as any tangible thing) and documentary evidence nec20 essary in the performance of the duties and responsibilities 

21 of the Inspector General. 

22 ‘‘(B) In the case of departments, agencies, and other 

23 elements of the United States Government, the Inspector 

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1 dence for the purpose specified in subparagraph (A) using 

2 procedures other than by subpoenas. 

3 ‘‘(C) The Inspector General may not issue a subpoena 

4 for, or on behalf of, any component of the Office of the 

5 Director of National Intelligence or any element of the in6 telligence community, including the Office of the Director 

7 of National Intelligence. 

8 ‘‘(D) In the case of contumacy or refusal to obey a 

9 subpoena issued under this paragraph, the subpoena shall 

10 be enforceable by order of any appropriate district court 

11 of the United States. 

12 ‘‘(6) The Inspector General may obtain services as 

13 authorized by section 3109 of title 5, United States Code, 

14 at daily rates not to exceed the equivalent rate prescribed 

15 for grade 15 of the General Schedule (as described in sec16 tion 5332 of title 5, United States Code). 

17 ‘‘(7) The Inspector General may, to the extent and 

18 in such amounts as may be provided in appropriations, 

19 enter into contracts and other arrangements for audits, 

20 studies, analyses, and other services with public agencies 

21 and with private persons, and to make such payments as 

22 may be necessary to carry out the provisions of this sec23 tion. 

24 ‘‘(h) COORDINATION AMONG INSPECTORS GEN25 ERAL.—(1)(A) In the event of a matter within the jurisVerDate Nov 24 2008 00:17 Jul 23, 2009 Jkt 079200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\S1494.PCS S1494

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1 diction of the Inspector General of the Intelligence Com2 munity that may be subject to an investigation, inspection, 

3 audit, or review by both the Inspector General of the Intel4 ligence Community and an inspector general, whether 

5 statutory or administrative, with oversight responsibility 

6 for an element or elements of the intelligence community, 

7 the Inspector General of the Intelligence Community and 

8 such other inspector or inspectors general shall expedi9 tiously resolve the question of which inspector general 

10 shall conduct such investigation, inspection, audit, or re11 view to avoid unnecessary duplication of the activities of 

12 the Offices of the Inspectors General. 

13 ‘‘(B) In attempting to resolve a question under sub14 paragraph (A), the inspectors general concerned may re15 quest the assistance of the Intelligence Community Inspec16 tors General Forum established under paragraph (2). In 

17 the event of a dispute between an inspector general within 

18 an agency or department of the United States Government 

19 and the Inspector General of the Intelligence Community 

20 that has not been resolved with the assistance of such 

21 Forum, the inspectors general shall submit the question 

22 to the Director of National Intelligence and the head of 

23 the affected agency or department for resolution. 

24 ‘‘(2)(A) There is established the Intelligence Commu25 nity Inspectors General Forum, which shall consist of all 


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1 statutory or administrative inspectors general with over2 sight responsibility for an element or elements of the intel3 ligence community. 

4 ‘‘(B) The Inspector General of the Intelligence Com5 munity shall serve as the Chair of the Forum established 

6 under subparagraph (A). The Forum shall have no admin7 istrative authority over any inspector general, but shall 

8 serve as a mechanism for informing its members of the 

9 work of individual members of the Forum that may be 

10 of common interest and discussing questions about juris11 diction or access to employees, employees of contract per12 sonnel, records, audits, reviews, documents, recommenda13 tions, or other materials that may involve or be of assist14 ance to more than 1 of its members. 

15 ‘‘(3) The Inspector General conducting an investiga16 tion, inspection, audit, or review covered by paragraph (1) 

17 shall submit the results of such investigation, inspection, 

18 audit, or review to any other Inspector General, including 

19 the Inspector General of the Intelligence Community, with 

20 jurisdiction to conduct such investigation, inspection, 

21 audit, or review who did not conduct such investigation, 

22 inspection, audit, or review. 

23 ‘‘(i) COUNSEL TO THE INSPECTOR GENERAL.—The 

24 Inspector General of the Intelligence Community shall— 


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1 ‘‘(1) appoint a Counsel to the Inspector General 

2 who shall report to the Inspector General; or 

3 ‘‘(2) obtain the services of a counsel appointed 

4 by and directly reporting to another Inspector Gen5 eral or the Council of the Inspectors General on In6 tegrity and Efficiency on a reimbursable basis. 

7 ‘‘(j) STAFF AND OTHER SUPPORT.—(1) The Director 

8 of National Intelligence shall provide the Inspector Gen9 eral of the Intelligence Community with appropriate and 

10 adequate office space at central and field office locations, 

11 together with such equipment, office supplies, mainte12 nance services, and communications facilities and services 

13 as may be necessary for the operation of such offices. 

14 ‘‘(2)(A) Subject to applicable law and the policies of 

15 the Director of National Intelligence, the Inspector Gen16 eral shall select, appoint, and employ such officers and em17 ployees as may be necessary to carry out the functions, 

18 powers, and duties of the Inspector General. The Inspec19 tor General shall ensure that any officer or employee so 

20 selected, appointed, or employed has security clearances 

21 appropriate for the assigned duties of such officer or em22 ployee. 

23 ‘‘(B) In making selections under subparagraph (A), 

24 the Inspector General shall ensure that such officers and 

25 employees have the requisite training and experience to 


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1 enable the Inspector General to carry out the duties of 

2 the Inspector General effectively. 

3 ‘‘(C) In meeting the requirements of this paragraph, 

4 the Inspector General shall create within the Office of the 

5 Inspector General of the Intelligence Community a career 

6 cadre of sufficient size to provide appropriate continuity 

7 and objectivity needed for the effective performance of the 

8 duties of the Inspector General. 

9 ‘‘(3) Consistent with budgetary and personnel re10 sources allocated by the Director of National Intelligence, 

11 the Inspector General has final approval of— 

12 ‘‘(A) the selection of internal and external can13 didates for employment with the Office of the In14 spector General; and 

15 ‘‘(B) all other personnel decisions concerning 

16 personnel permanently assigned to the Office of In17 spector General, including selection and appointment 

18 to the Senior Intelligence Service, but excluding all 

19 security based determinations that are not within 

20 the authority of a head of a component of the Office 

21 of the Director of National Intelligence. 

22 ‘‘(4)(A) Subject to the concurrence of the Director 

23 of National Intelligence, the Inspector General may re24 quest such information or assistance as may be necessary 

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1 spector General from any department, agency, or other 

2 element of the United States Government. 

3 ‘‘(B) Upon request of the Inspector General for infor4 mation or assistance under subparagraph (A), the head 

5 of the department, agency, or element concerned shall, in6 sofar as is practicable and not in contravention of any ex7 isting statutory restriction or regulation of the depart8 ment, agency, or element, furnish to the Inspector Gen9 eral, or to an authorized designee, such information or as10 sistance. 

11 ‘‘(C) The Inspector General of the Intelligence Com12 munity may, upon reasonable notice to the head of any 

13 element of the intelligence community and in coordination 

14 with that element’s inspector general pursuant to sub15 section (h), conduct, as authorized by this section, an in16 vestigation, inspection, audit, or review of such element 

17 and may enter into any place occupied by such element 

18 for purposes of the performance of the duties of the In19 spector General. 

20 ‘‘(k) REPORTS.—(1)(A) The Inspector General of the 

21 Intelligence Community shall, not later than January 31 

22 and July 31 of each year, prepare and submit to the Di23 rector of National Intelligence a classified, and, as appro24 priate, unclassified semiannual report summarizing the ac25 tivities of the Office of the Inspector General of the IntelVerDate Nov 24 2008 00:17 Jul 23, 2009 Jkt 079200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\S1494.PCS S1494

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1 ligence Community during the immediately preceding 6- 

2 month period ending December 31 (of the preceding year) 

3 and June 30, respectively. The Inspector General of the 

4 Intelligence Community shall provide any portion of the 

5 report involving a component of a department of the 

6 United States Government to the head of that department 

7 simultaneously with submission of the report to the Direc8 tor of National Intelligence. 

9 ‘‘(B) Each report under this paragraph shall include, 

10 at a minimum, the following: 

11 ‘‘(i) A list of the title or subject of each inves12 tigation, inspection, audit, or review conducted dur13 ing the period covered by such report. 

14 ‘‘(ii) A description of significant problems, 

15 abuses, and deficiencies relating to the administra16 tion of programs and activities of the intelligence 

17 community within the responsibility and authority of 

18 the Director of National Intelligence, and in the re19 lationships between elements of the intelligence com20 munity, identified by the Inspector General during 

21 the period covered by such report. 

22 ‘‘(iii) A description of the recommendations for 

23 corrective action made by the Inspector General dur24 ing the period covered by such report with respect 


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1 to significant problems, abuses, or deficiencies iden2 tified in clause (ii). 

3 ‘‘(iv) A statement of whether or not corrective 

4 action has been completed on each significant rec5 ommendation described in previous semiannual re6 ports, and, in a case where corrective action has 

7 been completed, a description of such corrective ac8 tion. 

9 ‘‘(v) A certification of whether or not the In10 spector General has had full and direct access to all 

11 information relevant to the performance of the func12 tions of the Inspector General. 

13 ‘‘(vi) A description of the exercise of the sub14 poena authority under subsection (g)(5) by the In15 spector General during the period covered by such 

16 report. 

17 ‘‘(vii) Such recommendations as the Inspector 

18 General considers appropriate for legislation to pro19 mote economy, efficiency, and effectiveness in the 

20 administration and implementation of programs and 

21 activities within the responsibility and authority of 

22 the Director of National Intelligence, and to detect 

23 and eliminate fraud and abuse in such programs and 

24 activities. 


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1 ‘‘(C) Not later than 30 days after the date of receipt 

2 of a report under subparagraph (A), the Director shall 

3 transmit the report to the congressional intelligence com4 mittees together with any comments the Director con5 siders appropriate. The Director shall transmit to the 

6 committees of the Senate and of the House of Representa7 tives with jurisdiction over a department of the United 

8 States Government any portion of the report involving a 

9 component of such department simultaneously with sub10 mission of the report to the congressional intelligence com11 mittees. 

12 ‘‘(2)(A) The Inspector General shall report imme13 diately to the Director whenever the Inspector General be14 comes aware of particularly serious or flagrant problems, 

15 abuses, or deficiencies relating to programs and activities 

16 within the responsibility and authority of the Director of 

17 National Intelligence. 

18 ‘‘(B) The Director shall transmit to the congressional 

19 intelligence committees each report under subparagraph 

20 (A) within 7 calendar days of receipt of such report, to21 gether with such comments as the Director considers ap22 propriate. The Director shall transmit to the committees 

23 of the Senate and of the House of Representatives with 

24 jurisdiction over a department of the United States Gov25 ernment any portion of each report under subparagraph 


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1 (A) that involves a problem, abuse, or deficiency related 

2 to a component of such department simultaneously with 

3 transmission of the report to the congressional intelligence 

4 committees. 

5 ‘‘(3) In the event that— 

6 ‘‘(A) the Inspector General is unable to resolve 

7 any differences with the Director affecting the exe8 cution of the duties or responsibilities of the Inspec9 tor General; 

10 ‘‘(B) an investigation, inspection, audit, or re11 view carried out by the Inspector General focuses on 

12 any current or former intelligence community official 

13 who— 

14 ‘‘(i) holds or held a position in an element 

15 of the intelligence community that is subject to 

16 appointment by the President, whether or not 

17 by and with the advice and consent of the Sen18 ate, including such a position held on an acting 

19 basis; 

20 ‘‘(ii) holds or held a position in an element 

21 of the intelligence community, including a posi22 tion held on an acting basis, that is appointed 

23 by the Director of National Intelligence; or 

24 ‘‘(iii) holds or held a position as head of an 

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1 tion covered by subsection (b) or (c) of section 

2 106; 

3 ‘‘(C) a matter requires a report by the Inspec4 tor General to the Department of Justice on possible 

5 criminal conduct by a current or former official de6 scribed in subparagraph (B); 

7 ‘‘(D) the Inspector General receives notice from 

8 the Department of Justice declining or approving 

9 prosecution of possible criminal conduct of any cur10 rent or former official described in subparagraph 

11 (B); or 

12 ‘‘(E) the Inspector General, after exhausting all 

13 possible alternatives, is unable to obtain significant 

14 documentary information in the course of an inves15 tigation, inspection, audit, or review, 

16 the Inspector General shall immediately notify, and submit 

17 a report to, the congressional intelligence committees on 

18 such matter. 

19 ‘‘(4) Pursuant to title V, the Director shall submit 

20 to the congressional intelligence committees any report or 

21 findings and recommendations of an investigation, inspec22 tion, audit, or review conducted by the office which has 

23 been requested by the Chairman or Vice Chairman or 

24 Ranking Minority Member of either committee. 


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1 ‘‘(5)(A) An employee of an element of the intelligence 

2 community, an employee assigned or detailed to an ele3 ment of the intelligence community, or an employee of con4 tract personnel to the intelligence community who intends 

5 to report to Congress a complaint or information with re6 spect to an urgent concern may report such complaint or 

7 information to the Inspector General. 

8 ‘‘(B) Not later than the end of the 14-calendar-day 

9 period beginning on the date of receipt from an employee 

10 of a complaint or information under subparagraph (A), 

11 the Inspector General shall determine whether the com12 plaint or information appears credible. Upon making such 

13 a determination, the Inspector General shall transmit to 

14 the Director a notice of that determination, together with 

15 the complaint or information. 

16 ‘‘(C) Upon receipt of a transmittal from the Inspector 

17 General under subparagraph (B), the Director shall, with18 in 7 calendar days of such receipt, forward such trans19 mittal to the congressional intelligence committees, to20 gether with any comments the Director considers appro21 priate. 

22 ‘‘(D)(i) If the Inspector General does not find cred23 ible under subparagraph (B) a complaint or information 

24 submitted under subparagraph (A), or does not transmit 

25 the complaint or information to the Director in accurate 


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1 form under subparagraph (B), the employee (subject to 

2 clause (ii)) may submit the complaint or information to 

3 Congress by contacting either or both of the congressional 

4 intelligence committees directly. 

5 ‘‘(ii) An employee may contact the intelligence com6 mittees directly as described in clause (i) only if the em7 ployee— 

8 ‘‘(I) before making such a contact, furnishes to 

9 the Director, through the Inspector General, a state10 ment of the employee’s complaint or information and 

11 notice of the employee’s intent to contact the con12 gressional intelligence committees directly; and 

13 ‘‘(II) obtains and follows from the Director, 

14 through the Inspector General, direction on how to 

15 contact the congressional intelligence committees in 

16 accordance with appropriate security practices. 

17 ‘‘(iii) A member or employee of one of the congres18 sional intelligence committees who receives a complaint or 

19 information under clause (i) does so in that member or 

20 employee’s official capacity as a member or employee of 

21 such committee. 

22 ‘‘(E) The Inspector General shall notify an employee 

23 who reports a complaint or information to the Inspector 

24 General under this paragraph of each action taken under 

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1 tion. Such notice shall be provided not later than 3 days 

2 after any such action is taken. 

3 ‘‘(F) An action taken by the Director or the Inspector 

4 General under this paragraph shall not be subject to judi5 cial review. 

6 ‘‘(G) In this paragraph, the term ‘urgent concern’ 

7 means any of the following: 

8 ‘‘(i) A serious or flagrant problem, abuse, viola9 tion of law or Executive order, or deficiency relating 

10 to the funding, administration, or operation of an in11 telligence activity within the responsibility and au12 thority of the Director of National Intelligence in13 volving classified information, but does not include 

14 differences of opinions concerning public policy mat15 ters. 

16 ‘‘(ii) A false statement to Congress, or a willful 

17 withholding from Congress, on an issue of material 

18 fact relating to the funding, administration, or oper19 ation of an intelligence activity. 

20 ‘‘(iii) An action, including a personnel action 

21 described in section 2302(a)(2)(A) of title 5, United 

22 States Code, constituting reprisal or threat of re23 prisal prohibited under subsection (f)(3)(B) of this 

24 section in response to an employee’s reporting an ur25 gent concern in accordance with this paragraph. 


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1 ‘‘(H) In support of this paragraph, Congress makes 

2 the findings set forth in paragraphs (1) through (6) of 

3 section 701(b) of the Intelligence Community Whistle4 blower Protection Act of 1998 (title VII of Public Law 

5 105–272; 5 U.S.C. App. 8H note). 

6 ‘‘(I) Nothing in this section shall be construed to 

7 limit the protections afforded to an employee under the 

8 Intelligence Community Whistleblower Protection Act of 

9 1988 (title VII of Public Law 105–272, 5 U.S.C. App. 

10 8H note). 

11 ‘‘(6) In accordance with section 535 of title 28, 

12 United States Code, the Inspector General shall expedi13 tiously report to the Attorney General any information, 

14 allegation, or complaint received by the Inspector General 

15 relating to violations of Federal criminal law that involves 

16 a program or operation of an element of the intelligence 

17 community, or in the relationships between the elements 

18 of the intelligence community, consistent with such guide19 lines as may be issued by the Attorney General pursuant 

20 to subsection (b)(2) of such section. A copy of each such 

21 report shall be furnished to the Director. 

22 ‘‘(l) CONSTRUCTION OF DUTIES REGARDING ELE23 MENTS OF INTELLIGENCE COMMUNITY.—Except as re24 solved pursuant to subsection (h), the performance by the 

25 Inspector General of the Intelligence Community of any 


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1 duty, responsibility, or function regarding an element of 

2 the intelligence community shall not be construed to mod3 ify or affect the duties and responsibilities of any other 

4 Inspector General, whether statutory or administrative, 

5 having duties and responsibilities relating to such element. 

6 ‘‘(m) SEPARATE BUDGET ACCOUNT.—The Director 

7 of National Intelligence shall, in accordance with proce8 dures to be issued by the Director in consultation with 

9 the congressional intelligence committees, include in the 

10 National Intelligence Program budget a separate account 

11 for the Office of Inspector General of the Intelligence 

12 Community. 

13 ‘‘(n) BUDGET.—(1) For each fiscal year, the Inspec14 tor General of the Intelligence Community shall transmit 

15 a budget estimate and request to the Director of National 

16 Intelligence that specifies for such fiscal year— 

17 ‘‘(A) the aggregate amount requested for the 

18 operations of the Inspector General; 

19 ‘‘(B) the amount requested for all training re20 quirements of the Inspector General, including a cer21 tification from the Inspector General that the 

22 amount requested is sufficient to fund all training 

23 requirements for the Office of the Inspector General; 

24 and 


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1 ‘‘(C) the amount requested to support the 

2 Council of the Inspectors General on Integrity and 

3 Efficiency, including a justification of such amount. 

4 ‘‘(2) In transmitting a proposed budget to the Presi5 dent for a fiscal year, the Director of National Intelligence 

6 shall include for such fiscal year— 

7 ‘‘(A) the aggregate amount requested for the 

8 Inspector General of the Intelligence Community; 

9 ‘‘(B) the amount requested by the Inspector 

10 General for training; 

11 ‘‘(C) the amounts requested to support of the 

12 Council of the Inspectors General on Integrity and 

13 Efficiency; and 

14 ‘‘(D) the comments of the Inspector General, if 

15 any, with respect to the proposal. 

16 ‘‘(3) The Director of National Intelligence shall sub17 mit to the congressional intelligence committees, the Com18 mittee on Appropriations of the Senate, and the Com19 mittee on Appropriations of the House of Representatives 

20 for each fiscal year— 

21 ‘‘(A) a separate statement of the budget esti22 mate transmitted pursuant to paragraph (1); 

23 ‘‘(B) the amount requested by the Director for 

24 the Inspector General pursuant to paragraph (2); 


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1 ‘‘(C) the amount requested by the Director for 

2 training for personnel of the Office of the Inspector 

3 General; 

4 ‘‘(D) the amount requested by the Director for 

5 support for the Council of the Inspectors General on 

6 Integrity and Efficiency; and 

7 ‘‘(E) the comments of the Inspector General, if 

8 any, on the amount requested pursuant to para9 graph (2), including whether such amount would 

10 substantially inhibit the Inspector General from per11 forming the duties of the Office of the Inspector 

12 General.’’. 

13 (2) TABLE OF CONTENTS AMENDMENT.—The 

14 table of contents in the first section of the National 

15 Security Act of 1947 is amended by inserting after 

16 the item relating to section 103G the following new 

17 item: 

‘‘Sec. 103H. Inspector General of the Intelligence Community.’’. 

18 (b) PAY OF INSPECTOR GENERAL.—Subparagraph 

19 (A) of section 4(a)(3) of the Inspector General Reform 

20 Act of 2008 (Public Law 110–409; 5 U.S.C. App. note) 

21 is amended by inserting ‘‘the Inspector General of the In22 telligence Community,’’ after ‘‘basic pay of’’. 

23 (c) CONSTRUCTION.—Nothing in the amendment 

24 made by subsection (a)(1) shall be construed to alter the 

25 duties and responsibilities of the General Counsel of the 


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1 Office of the Director of National Intelligence. The Coun2 sel to the Inspector General of the Intelligence Community 

3 appointed pursuant to section 103H(i) of the National Se4 curity Act of 1947 (50 U.S.C. 402 et seq.), as added by 

5 subsection (a)(1), shall perform the functions as such In6 spector General may prescribe. 

7 (d) REPEAL OF SUPERSEDED AUTHORITY TO ES8 TABLISH POSITION.— 

9 (1) IN GENERAL.—Section 8K of the Inspector 

10 General Act of 1978 (5 U.S.C. App.) shall be re11 pealed on the date that the President nominates the 

12 first individual to serve as Inspector General for the 

13 Intelligence Community pursuant to section 103H of 

14 the National Security Act of 1947, as added by sub15 section (a). 

16 (2) TRANSITION.—Notwithstanding the repeal 

17 of section 8K of the Inspector General Act of 1978 

18 (5 U.S.C. App.) pursuant to paragraph (1), the indi19 vidual serving as Inspector General pursuant to such 

20 section 8K may continue such service until an indi21 vidual is appointed as the Inspector General of the 

22 Intelligence Community, by and with the advice and 

23 consent of the Senate, pursuant to such section 

24 103H and assumes the duties of that position. 


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1 SEC. 408. CHIEF FINANCIAL OFFICER OF THE INTEL2 LIGENCE COMMUNITY. 

3 (a) ESTABLISHMENT.—Title I of the National Secu4 rity Act of 1947 (50 U.S.C. 402 et seq.), as amended by 

5 section 407 of this Act, is further amended by inserting 

6 after section 103H, as added by section 407(a)(1), the fol7 lowing new section: 

8 ‘‘CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE

9 COMMUNITY

10 ‘‘SEC. 103I. (a) CHIEF FINANCIAL OFFICER OF THE

11 INTELLIGENCE COMMUNITY.—To assist the Director of 

12 National Intelligence in carrying out the responsibilities 

13 of the Director under this Act and other applicable provi14 sions of law, there shall be within the Office of the Direc15 tor of National Intelligence a Chief Financial Officer of 

16 the Intelligence Community who shall be appointed by the 

17 Director. 

18 ‘‘(b) DUTIES AND RESPONSIBILITIES.—Subject to 

19 the direction of the Director of National Intelligence, the 

20 Chief Financial Officer of the Intelligence Community 

21 shall— 

22 ‘‘(1) serve as the principal advisor to the Direc23 tor of National Intelligence and the Principal Dep24 uty Director of National Intelligence on the manage25 ment and allocation of intelligence community budg26 etary resources; 


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1 ‘‘(2) establish and oversee a comprehensive and 

2 integrated strategic process for resource manage3 ment within the intelligence community; 

4 ‘‘(3) ensure that the strategic plan of the Direc5 tor of National Intelligence— 

6 ‘‘(A) is based on budgetary constraints as 

7 specified in the Future Year Intelligence Plans 

8 and Long-term Budget Projections required by 

9 this Act; and 

10 ‘‘(B) contains specific goals and objectives 

11 to support a performance-based budget; 

12 ‘‘(4) ensure that— 

13 ‘‘(A) current and future major system ac14 quisitions have validated national requirements 

15 for meeting the strategic plan of the Director; 

16 and 

17 ‘‘(B) such requirements are prioritized 

18 based on budgetary constraints, as specified in 

19 the Future Year Intelligence Plans and the 

20 Long-term Intelligence Projections required by 

21 this Act; 

22 ‘‘(5) prior to the obligation or expenditure of 

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1 mine that such acquisition complies with the require2 ments of paragraph (4); 

3 ‘‘(6) ensure that the architectures of the Direc4 tor are based on budgetary constraints as specified 

5 in the Future Year Intelligence Plans and the Long6 term Budget Projections required by this Act; 

7 ‘‘(7) coordinate or approve representations 

8 made to Congress by the intelligence community re9 garding National Intelligence Program budgetary re10 sources; 

11 ‘‘(8) preside, or assist in presiding, over any 

12 mission requirements, acquisition, or architectural 

13 board formed within or by the Office of the Director 

14 of National Intelligence; and 

15 ‘‘(9) perform such other duties as may be pre16 scribed by the Director of National Intelligence or 

17 specified by law. 

18 ‘‘(c) OTHER LAW.—The Chief Financial Officer of 

19 the Intelligence Community shall serve as the Chief Finan20 cial Officer of the intelligence community and, to the ex21 tent applicable, shall have the duties, responsibilities, and 

22 authorities specified in the Chief Financial Officers Act 

23 of 1990 (Public Law 101–576; 104 Stat. 2823) and the 

24 amendments made by that Act. 


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1 ‘‘(d) PROHIBITION ON SIMULTANEOUS SERVICE AS

2 OTHER CHIEF FINANCIAL OFFICER.—An individual serv3 ing in the position of Chief Financial Officer of the Intel4 ligence Community may not, while so serving, serve as the 

5 chief financial officer of any other department or agency, 

6 or component thereof, of the United States Government. 

7 ‘‘(e) DEFINITIONS.—In this section: 

8 ‘‘(1) The term ‘major system’ has the meaning 

9 given that term in section 4 of the Office of Federal 

10 Procurement Policy Act (41 U.S.C. 403). 

11 ‘‘(2) The term ‘Milestone A’ means a decision 

12 to enter into concept refinement and technology ma13 turity demonstration pursuant to guidance issued by 

14 the Director of National Intelligence. 

15 ‘‘(3) The term ‘Milestone B’ means a decision 

16 to enter into system development, integration, and 

17 demonstration pursuant to guidance prescribed by 

18 the Director of National Intelligence.’’. 

19 (b) CLERICAL AMENDMENT.—The table of contents 

20 in the first section of the National Security Act of 1947, 

21 as amended by section 406, is further amended by insert22 ing after the item relating to section 103H, as added by 

23 section 407(a)(2) the following new item: 

‘‘Sec. 103I. Chief Financial Officer of the Intelligence Community.’’. 


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1 SEC. 409. LEADERSHIP AND LOCATION OF CERTAIN OF2 FICES AND OFFICIALS. 

3 (a) NATIONAL COUNTER PROLIFERATION CEN4 TER.—Section 119A(a) of the National Security Act of 

5 1947 (50 U.S.C. 404o–1(a)) is amended— 

6 (1) by striking ‘‘(a) ESTABLISHMENT.—Not 

7 later than 18 months after the date of the enact8 ment of the National Security Intelligence Reform 

9 Act of 2004, the’’ and inserting the following: 

10 ‘‘(a) IN GENERAL.— 

11 ‘‘(1) ESTABLISHMENT.—The’’; and 

12 (2) by adding at the end the following new 

13 paragraphs: 

14 ‘‘(2) DIRECTOR.—The head of the National 

15 Counter Proliferation Center shall be the Director of 

16 the National Counter Proliferation Center, who shall 

17 be appointed by the Director of National Intel18 ligence. 

19 ‘‘(3) LOCATION.—The National Counter Pro20 liferation Center shall be located within the Office of 

21 the Director of National Intelligence.’’. 

22 (b) OFFICERS.—Section 103(c) of that Act (50 

23 U.S.C. 403–3(c)) is amended— 

24 (1) by redesignating paragraph (9) as para25 graph (14); and 


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1 (2) by inserting after paragraph (8) the fol2 lowing new paragraphs: 

3 ‘‘(9) The Chief Information Officer of the Intel4 ligence Community. 

5 ‘‘(10) The Inspector General of the Intelligence 

6 Community. 

7 ‘‘(11) The Director of the National Counterter8 rorism Center. 

9 ‘‘(12) The Director of the National Counter 

10 Proliferation Center. 

11 ‘‘(13) The Chief Financial Officer of the Intel12 ligence Community’’. 

13 SEC. 410. NATIONAL SPACE INTELLIGENCE OFFICE. 

14 (a) ESTABLISHMENT.— 

15 (1) IN GENERAL.—Title I of the National Secu16 rity Act of 1947 (50 U.S.C. 401 et seq.) is amended 

17 by adding at the end the following new section: 

18 ‘‘NATIONAL SPACE INTELLIGENCE OFFICE

19 ‘‘SEC. 119C. (a) ESTABLISHMENT.—There is estab20 lished within the Office of the Director of National Intel21 ligence a National Space Intelligence Office. 

22 ‘‘(b) DIRECTOR OF NATIONAL SPACE INTELLIGENCE

23 OFFICE.—The National Intelligence Officer for Science 

24 and Technology, or a successor position designated by the 

25 Director of National Intelligence, shall act as the Director 

26 of the National Space Intelligence Office. 


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1 ‘‘(c) MISSIONS.—The National Space Intelligence Of2 fice shall have the following missions: 

3 ‘‘(1) To coordinate and provide policy direction 

4 for the management of space-related intelligence as5 sets. 

6 ‘‘(2) To prioritize collection activities consistent 

7 with the National Intelligence Collection Priorities 

8 framework, or a successor framework or other docu9 ment designated by the Director of National Intel10 ligence. 

11 ‘‘(3) To provide policy direction for programs 

12 designed to ensure a sufficient cadre of government 

13 and nongovernment personnel in fields relating to 

14 space intelligence, including programs to support 

15 education, recruitment, hiring, training, and reten16 tion of qualified personnel. 

17 ‘‘(4) To evaluate independent analytic assess18 ments of threats to classified United States space in19 telligence systems throughout all phases of the devel20 opment, acquisition, and operation of such systems. 

21 ‘‘(d) ACCESS TO INFORMATION.—The Director of 

22 National Intelligence shall ensure that the National Space 

23 Intelligence Office has access to all national intelligence 

24 information (as appropriate), and such other information 


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1 (as appropriate and practical), necessary for the Office to 

2 carry out the missions of the Office under subsection (c). 

3 ‘‘(e) SEPARATE BUDGET ACCOUNT.—The Director of 

4 National Intelligence shall include in the National Intel5 ligence Program budget a separate line item for the Na6 tional Space Intelligence Office.’’. 

7 (2) TABLE OF CONTENTS AMENDMENT.—The 

8 table of contents in the first section of the National 

9 Security Act of 1947 is amended by inserting after 

10 the item relating to section 119B the following new 

11 item: 

‘‘Sec. 119C. National Space Intelligence Office.’’. 

12 (b) REPORT ON ORGANIZATION OF OFFICE.— 

13 (1) REPORT REQUIRED.—Not later than 180 

14 days after the date of the enactment of this Act, the 

15 Director of the National Space Intelligence Office 

16 shall submit to the Select Committee on Intelligence 

17 of the Senate and the Permanent Select Committee 

18 on Intelligence of the House of Representatives a re19 port on the organizational structure of the National 

20 Space Intelligence Office established by section 119C 

21 of the National Security Act of 1947 (as added by 

22 subsection (a)). 

23 (2) ELEMENTS.—The report required by para24 graph (1) shall include the following: 


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1 (A) The proposed organizational structure 

2 of the National Space Intelligence Office. 

3 (B) An identification of key participants in 

4 the Office. 

5 (C) A strategic plan for the Office during 

6 the 5-year period beginning on the date of the 

7 report. 

8 SEC. 411. OPERATIONAL FILES IN THE OFFICE OF THE DI9 RECTOR OF NATIONAL INTELLIGENCE. 

10 (a) IN GENERAL.—Title VII of the National Security 

11 Act of 1947 (50 U.S.C. 431 et seq.) is amended by adding 

12 at the end the following new section: 

13 ‘‘OPERATIONAL FILES IN THE OFFICE OF THE DIRECTOR

14 OF NATIONAL INTELLIGENCE

15 ‘‘SEC. 706. (a) RECORDS FROM EXEMPTED OPER16 ATIONAL FILES.—(1) Any record disseminated or other17 wise provided to the Office of the Director of National In18 telligence from the exempted operational files of elements 

19 of the intelligence community designated in accordance 

20 with this title, and any operational files created by the 

21 Office of the Director of National Intelligence that incor22 porate such record in accordance with subparagraph 

23 (A)(ii), shall be exempted from the provisions of section 

24 552 of title 5, United States Code, that require search, 

25 review, publication, or disclosure in connection therewith, 

26 in any instance in which— 


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1 ‘‘(A)(i) such record is shared within the Office 

2 of the Director of National Intelligence and not dis3 seminated by that Office beyond that Office; or 

4 ‘‘(ii) such record is incorporated into new 

5 records created by personnel of the Office of the Di6 rector of National Intelligence and maintained in 

7 operational files of the Office of the Director of Na8 tional Intelligence and such record is not dissemi9 nated by that Office beyond that Office; and 

10 ‘‘(B) the operational files from which such 

11 record has been obtained continue to remain des12 ignated as operational files exempted from section 

13 552 of title 5, United States Code. 

14 ‘‘(2) The operational files of the Office of the Direc15 tor of National Intelligence referred to in paragraph 

16 (1)(A)(ii) shall be substantially similar in nature to the 

17 originating operational files from which the record was 

18 disseminated or provided, as such files are defined in this 

19 title. 

20 ‘‘(3) Records disseminated or otherwise provided to 

21 the Office of the Director of National Intelligence from 

22 other elements of the intelligence community that are not 

23 protected by paragraph (1), and that are authorized to 

24 be disseminated beyond the Office of the Director of Na25 tional Intelligence, shall remain subject to search and reVerDate Nov 24 2008 00:17 Jul 23, 2009 Jkt 079200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 E:\BILLS\S1494.PCS S1494

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1 view under section 552 of title 5, United States Code, but 

2 may continue to be exempted from the publication and dis3 closure provisions of that section by the originating agency 

4 to the extent that such section permits. 

5 ‘‘(4) Notwithstanding any other provision of this title, 

6 records in the exempted operational files of the Central 

7 Intelligence Agency, the National Geospatial-Intelligence 

8 Agency, the National Reconnaissance Office, the National 

9 Security Agency, or the Defense Intelligence Agency shall 

10 not be subject to the search and review provisions of sec11 tion 552 of title 5, United States Code, solely because they 

12 have been disseminated to a component of the Office of 

13 the Director of National Intelligence, or referenced in 

14 operational files of the Office of the Director of National 

15 Intelligence and that are not disseminated beyond the Of16 fice of the Director of National Intelligence. 

17 ‘‘(5) Notwithstanding any other provision of this title, 

18 the incorporation of records from the operational files of 

19 the Central Intelligence Agency, the National Geospatial20 Intelligence Agency, the National Reconnaissance Office, 

21 the National Security Agency, or the Defense Intelligence 

22 Agency, into operational files of the Office of the Director 

23 of National Intelligence shall not subject that record or 

24 the operational files of the Central Intelligence Agency, 

25 the National Geospatial-Intelligence Agency, the National 


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1 Reconnaissance Office, the National Security Agency or 

2 the Defense Intelligence Agency to the search and review 

3 provisions of section 552 of title 5, United States Code. 

4 ‘‘(b) OTHER RECORDS.—(1) Files in the Office of the 

5 Director of National Intelligence that are not exempted 

6 under subsection (a) of this section which contain informa7 tion derived or disseminated from exempted operational 

8 files shall be subject to search and review under section 

9 552 of title 5, United States Code. 

10 ‘‘(2) The inclusion of information from exempted 

11 operational files in files of the Office of the Director of 

12 National Intelligence that are not exempted under sub13 section (a) shall not affect the exemption of the originating 

14 operational files from search, review, publication, or dis15 closure. 

16 ‘‘(3) Records from exempted operational files of the 

17 Office of the Director of National Intelligence which have 

18 been disseminated to and referenced in files that are not 

19 exempted under subsection (a), and which have been re20 turned to exempted operational files of the Office of the 

21 Director of National Intelligence for sole retention, shall 

22 be subject to search and review. 

23 ‘‘(c) SEARCH AND REVIEW FOR CERTAIN PUR24 POSES.—Notwithstanding subsection (a), exempted operVerDate Nov 24 2008 00:17 Jul 23, 2009 Jkt 079200 PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 E:\BILLS\S1494.PCS S1494

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1 ational files shall continue to be subject to search and re2 view for information concerning any of the following: 

3 ‘‘(1) United States citizens or aliens lawfully 

4 admitted for permanent residence who have re5 quested information on themselves pursuant to the 

6 provisions of section 552 or 552a of title 5, United 

7 States Code. 

8 ‘‘(2) Any special activity the existence of which 

9 is not exempt from disclosure under the provisions 

10 of section 552 of title 5, United States Code. 

11 ‘‘(3) The specific subject matter of an investiga12 tion for any impropriety or violation of law, Execu13 tive order, or Presidential directive, in the conduct 

14 of an intelligence activity by any of the following: 

15 ‘‘(A) The Select Committee on Intelligence 

16 of the Senate. 

17 ‘‘(B) The Permanent Select Committee on 

18 Intelligence of the House of Representatives. 

19 ‘‘(C) The Intelligence Oversight Board. 

20 ‘‘(D) The Department of Justice. 

21 ‘‘(E) The Office of the Director of Na22 tional Intelligence. 

23 ‘‘(F) The Office of the Inspector General 

24 of the Intelligence Community. 


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1 ‘‘(d) DECENNIAL REVIEW OF EXEMPTED OPER2 ATIONAL FILES.—(1) Not less than once every 10 years, 

3 the Director of National Intelligence shall review the oper4 ational files exempted under subsection (a) to determine 

5 whether such files, or any portion of such files, may be 

6 removed from the category of exempted files. 

7 ‘‘(2) The review required by paragraph (1) shall in8 clude consideration of the historical value or other public 

9 interest in the subject matter of the particular category 

10 of files or portions thereof and the potential for declas11 sifying a significant part of the information contained 

12 therein. 

13 ‘‘(3) A complainant that alleges that the Director of 

14 National Intelligence has improperly withheld records be15 cause of failure to comply with this subsection may seek 

16 judicial review in the district court of the United States 

17 of the district in which any of the parties reside, or in 

18 the District of Columbia. In such a proceeding, the court’s 

19 review shall be limited to determining the following: 

20 ‘‘(A) Whether the Director has conducted the 

21 review required by paragraph (1) before the expira22 tion of the 10-year period beginning on the date of 

23 the enactment of the Intelligence Authorization Act 

24 for Fiscal Year 2010 or before the expiration of the 


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1 10-year period beginning on the date of the most re2 cent review. 

3 ‘‘(B) Whether the Director of National Intel4 ligence, in fact, considered the criteria set forth in 

5 paragraph (2) in conducting the required review. 

6 ‘‘(e) SUPERSEDURE OF OTHER LAWS.—The provi7 sions of this section may not be superseded except by a 

8 provision of law that is enacted after the date of the enact9 ment of this section and that specifically cites and repeals 

10 or modifies such provisions. 

11 ‘‘(f) APPLICABILITY.—The Director of National In12 telligence shall publish a regulation listing the specific 

13 components within the Office of the Director of National 

14 Intelligence from which records may be exempted from 

15 search and review under this section. 

16 ‘‘(g) ALLEGATION; IMPROPER WITHHOLDING OF

17 RECORDS; JUDICIAL REVIEW.—(1) Except as provided in 

18 paragraph (2), whenever any person who has requested 

19 agency records under section 552 of title 5, United States 

20 Code, alleges that the Office of the Director of National 

21 Intelligence has withheld records improperly because of 

22 failure to comply with any provision of this section, judi23 cial review shall be available under the terms set forth in 

24 section 552(a)(4)(B) of title 5, United States Code. 


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1 ‘‘(2) Judicial review shall not be available in the man2 ner provided for under paragraph (1) as follows: 

3 ‘‘(A) In any case in which information specifi4 cally authorized under criteria established by an Ex5 ecutive order to be kept secret in the interests of na6 tional defense or foreign relations is filed with, or 

7 produced for, the court by the Office of the Director 

8 of National Intelligence, such information shall be 

9 examined ex parte, in camera by the court. 

10 ‘‘(B) The court shall determine, to the fullest 

11 extent practicable, the issues of fact based on sworn 

12 written submissions of the parties. 

13 ‘‘(C) When a complainant alleges that re14 quested records are improperly withheld because of 

15 improper placement solely in exempted operational 

16 files, the complainant shall support such allegation 

17 with a sworn written submission based upon per18 sonal knowledge or otherwise admissible evidence. 

19 ‘‘(D)(i) When a complainant alleges that re20 quested records were improperly withheld because of 

21 improper exemption of operational files, the Office of 

22 the Director of National Intelligence shall meet its 

23 burden under section 552(a)(4)(B) of title 5, United 

24 States Code, by demonstrating to the court by sworn 

25 written submission that exempted operational files 


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1 likely to contain responsive records currently meet 

2 the criteria set forth in subsection (a). 

3 ‘‘(ii) The court may not order the Office of the 

4 Director of National Intelligence to review the con5 tent of any exempted operational file or files in order 

6 to make the demonstration required under clause (i), 

7 unless the complainant disputes the Office’s showing 

8 with a sworn written submission based on personal 

9 knowledge or otherwise admissible evidence. 

10 ‘‘(E) In proceedings under subparagraph (C) or 

11 (D), a party may not obtain discovery pursuant to 

12 rules 26 through 36 of the Federal Rules of Civil 

13 Procedure, except that requests for admissions may 

14 be made pursuant to rules 26 and 36. 

15 ‘‘(F) If the court finds under this subsection 

16 that the Office of the Director of National Intel17 ligence has improperly withheld requested records 

18 because of failure to comply with any provision of 

19 this section, the court shall order the Office to 

20 search and review the appropriate exempted oper21 ational file or files for the requested records and 

22 make such records, or portions thereof, available in 

23 accordance with the provisions of section 552 of title 

24 5, United States Code, and such order shall be the 


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1 exclusive remedy for failure to comply with this sec2 tion. 

3 ‘‘(G) If at any time following the filing of a 

4 complaint pursuant to this paragraph the Office of 

5 the Director of National Intelligence agrees to 

6 search the appropriate exempted operational file or 

7 files for the requested records, the court shall dis8 miss the claim based upon such complaint.’’. 

9 (b) CLERICAL AMENDMENT.—The table of contents 

10 in the first section of the National Security Act of 1947 

11 is amended by inserting after the item relating to section 

12 705 the following new item: 

‘‘Sec. 706. Operational files in the Office of the Director of National Intelligence.’’. 

13 SEC. 412. COUNTERINTELLIGENCE INITIATIVES FOR THE 

14 INTELLIGENCE COMMUNITY. 

15 Section 1102 of the National Security Act of 1947 

16 (50 U.S.C. 442a) is amended— 

17 (1) in subsection (a)— 

18 (A) by striking paragraph (2); and 

19 (B) by striking ‘‘(1) In’’ and inserting 

20 ‘‘In’’; and 

21 (2) in subsection (c)— 

22 (A) by striking paragraph (2); and 

23 (B) by striking ‘‘(1) The’’ and inserting 

24 ‘‘The’’. 


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1 SEC. 413. APPLICABILITY OF THE PRIVACY ACT TO THE DI2 RECTOR OF NATIONAL INTELLIGENCE AND 

3 THE OFFICE OF THE DIRECTOR OF NATIONAL 

4 INTELLIGENCE. 

5 Subsection (j) of section 552a of title 5, United 

6 States Code, is amended— 

7 (1) in paragraph (1), by striking ‘‘or’’; 

8 (2) by redesignating paragraph (2) as para9 graph (3); and 

10 (3) by inserting after paragraph (1) the fol11 lowing new paragraph: 

12 ‘‘(2) maintained by the Office of the Director of 

13 National Intelligence; or’’. 

14 SEC. 414. INAPPLICABILITY OF FEDERAL ADVISORY COM15 MITTEE ACT TO ADVISORY COMMITTEES OF 

16 THE OFFICE OF THE DIRECTOR OF NATIONAL 

17 INTELLIGENCE. 

18 (a) IN GENERAL.—Section 4(b) of the Federal Advi19 sory Committee Act (5 U.S.C. App.) is amended— 

20 (1) in paragraph (1), by striking ‘‘or’’; 

21 (2) in paragraph (2), by striking the period and 

22 inserting ‘‘; or’’; and 

23 (3) by adding at the end the following new 

24 paragraph: 

25 ‘‘(3) the Office of the Director of National In26 telligence.’’. 


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1 (b) ANNUAL REPORT.—The Director of National In2 telligence and the Director of the Central Intelligence 

3 Agency shall each submit to the congressional intelligence 

4 committees an annual report on advisory committees cre5 ated by each such Director. Each report shall include— 

6 (1) a description of each such advisory com7 mittee, including the subject matter of the com8 mittee; and 

9 (2) a list of members of each such advisory 

10 committee. 

11 SEC. 415. MEMBERSHIP OF THE DIRECTOR OF NATIONAL 

12 INTELLIGENCE ON THE TRANSPORTATION 

13 SECURITY OVERSIGHT BOARD. 

14 Subparagraph (F) of section 115(b)(1) of title 49, 

15 United States Code, is amended to read as follows: 

16 ‘‘(F) The Director of National Intelligence, 

17 or the Director’s designee.’’. 

18 SEC. 416. REPEAL OF CERTAIN AUTHORITIES RELATING TO 

19 THE OFFICE OF THE NATIONAL COUNTER20 INTELLIGENCE EXECUTIVE. 

21 (a) REPEAL OF CERTAIN AUTHORITIES.—Section 

22 904 of the Counterintelligence Enhancement Act of 2002 

23 (title IX of Public Law 107–306; 50 U.S.C. 402c) is 

24 amended— 

25 (1) by striking subsections (d), (h), (i), and (j); 


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1 (2) by redesignating subsections (e), (f), (g), 

2 (k), (l), and (m) as subsections (d), (e), (f), (g), (h), 

3 and (i), respectively; and 

4 (3) in subsection (f), as redesignated by para5 graph (2), by striking paragraphs (3) and (4). 

6 (b) CONFORMING AMENDMENTS.—Such section 904 

7 is further amended— 

8 (1) in subsection (d), as redesignated by sub9 section (a)(2) of this section, by striking ‘‘subsection 

10 (f)’’ each place it appears in paragraphs (1) and (2) 

11 and inserting ‘‘subsection (e)’’; and 

12 (2) in subsection (e), as so redesignated— 

13 (A) in paragraph (1), by striking ‘‘sub14 section (e)(1)’’ and inserting ‘‘subsection 

15 (d)(1)’’; and 

16 (B) in paragraph (2), by striking ‘‘sub17 section (e)(2)’’ and inserting ‘‘subsection 

18 (d)(2)’’. 

19 SEC. 417. MISUSE OF THE OFFICE OF THE DIRECTOR OF 

20 NATIONAL INTELLIGENCE NAME, INITIALS, 

21 OR SEAL. 

22 (a) PROHIBITED ACTS.—No person may, except with 

23 the written permission of the Director of National Intel24 ligence, or a designee of the Director, knowingly use the 

25 words ‘‘Office of the Director of National Intelligence’’, 


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1 the initials ‘‘ODNI’’, the seal of the Office of the Director 

2 of National Intelligence, or any colorable imitation of such 

3 words, initials, or seal in connection with any merchandise, 

4 impersonation, solicitation, or commercial activity in a 

5 manner reasonably calculated to convey the impression 

6 that such use is approved, endorsed, or authorized by the 

7 Director of National Intelligence. 

8 (b) INJUNCTION.—Whenever it appears to the Attor9 ney General that any person is engaged or is about to en10 gage in an act or practice which constitutes or will con11 stitute conduct prohibited by subsection (a), the Attorney 

12 General may initiate a civil proceeding in a district court 

13 of the United States to enjoin such act or practice. Such 

14 court shall proceed as soon as practicable to the hearing 

15 and determination of such action and may, at any time 

16 before final determination, enter such restraining orders 

17 or prohibitions, or take such other action as is warranted, 

18 to prevent injury to the United States or to any person 

19 or class of persons for whose protection the action is 

20 brought. 


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1 Subtitle B—Central Intelligence 

2 Agency 

3 SEC. 421. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR 

4 PROTECTIVE PERSONNEL OF THE CENTRAL 

5 INTELLIGENCE AGENCY. 

6 Section 5(a)(4) of the Central Intelligence Agency 

7 Act of 1949 (50 U.S.C. 403f(a)(4)) is amended— 

8 (1) by striking ‘‘and the protection’’ and insert9 ing ‘‘the protection’’; and 

10 (2) by inserting before the semicolon the fol11 lowing: ‘‘, and the protection of the Director of Na12 tional Intelligence and such personnel of the Office 

13 of the Director of National Intelligence as the Direc14 tor of National Intelligence may designate’’. 

15 SEC. 422. APPEALS FROM DECISIONS INVOLVING CON16 TRACTS OF THE CENTRAL INTELLIGENCE 

17 AGENCY. 

18 Section 8(d) of the Contract Disputes Act of 1978 

19 (41 U.S.C. 607(d)) is amended by adding at the end the 

20 following new sentence: ‘‘Notwithstanding any other provi21 sion of this section and any other provision of law, an ap22 peal from a decision of a contracting officer of the Central 

23 Intelligence Agency relative to a contract made by that 

24 agency may be filed with whichever of the Armed Services 

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1 tract Appeals is specified in the contract as the Board to 

2 which such an appeal may be made; and the Board so 

3 specified shall have jurisdiction to decide that appeal.’’. 

4 SEC. 423. DEPUTY DIRECTOR OF THE CENTRAL INTEL5 LIGENCE AGENCY. 

6 (a) ESTABLISHMENT AND DUTIES OF THE POSITION

7 OF DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE

8 AGENCY.— 

9 (1) IN GENERAL.—Title I of the National Secu10 rity Act of 1947 (50 U.S.C. 402 et seq.) is amended 

11 by adding after section 104A the following: 

12 ‘‘SEC. 104B. DEPUTY DIRECTOR OF THE CENTRAL INTEL13 LIGENCE AGENCY. 

14 ‘‘(a) DEPUTY DIRECTOR OF CENTRAL INTEL15 LIGENCE AGENCY.—There is a Deputy Director of the 

16 Central Intelligence Agency who shall be appointed by the 

17 President, by and with the consent of the Senate. 

18 ‘‘(b) DUTIES OF DEPUTY DIRECTOR OF CENTRAL

19 INTELLIGENCE AGENCY.—The Deputy Director of the 

20 Central Intelligence Agency shall— 

21 ‘‘(1) assist the Director of the Central Intel22 ligence Agency in carrying out the duties and re23 sponsibilities of the Director of the Central Intel24 ligence Agency; and 


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1 ‘‘(2) act for, and exercise the powers of, the Di2 rector of the Central Intelligence Agency during the 

3 absence or disability of the Director of the Central 

4 Intelligence Agency, or during a vacancy in the posi5 tion of Director of the Central Intelligence Agency.’’. 

6 (2) TABLE OF CONTENTS AMENDMENT.—The 

7 table of contents in the first section of the National 

8 Security Act of 1947 is amended by inserting after 

9 the item relating to section 104A the following: 

‘‘Sec. 104B. Deputy Director of the Central Intelligence Agency.’’. 

10 (b) EXECUTIVE SCHEDULE III.—Section 5314 of 

11 Title 5, United States Code, is amended by striking the 

12 item relating to the Deputy Directors of the Central Intel13 ligence Agency (2) and inserting the following: 

14 ‘‘Deputy Director of the Central Intelligence Agency.’’. 

15 (c) EFFECTIVE DATE AND APPLICABILITY.—The 

16 amendment made by subsection (a) shall take effect on 

17 the date of the enactment of this Act and shall apply upon 

18 the earlier of— 

19 (1) the date of the appointment by the Presi20 dent of an individual to serve as Deputy Director of 

21 the Central Intelligence Agency, except that the indi22 vidual administratively performing the duties of the 

23 Deputy Director of the Central Intelligence Agency 

24 as of the date of the enactment of this Act may con25 tinue to perform such duties until the individual apVerDate Nov 24 2008 00:17 Jul 23, 2009 Jkt 079200 PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 E:\BILLS\S1494.PCS S1494

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1 pointed to the position of Deputy Director of the 

2 Central Intelligence Agency, by and with the advice 

3 and consent of the Senate, assumes the duties of 

4 such position; or 

5 (2) the date of the cessation of the performance 

6 of the duties of Deputy Director of the Central In7 telligence Agency by the individual administratively 

8 performing such duties as of the date of the enact9 ment of this Act. 

10 SEC. 424. AUTHORITY TO AUTHORIZE TRAVEL ON A COM11 MON CARRIER. 

12 Subsection (b) of section 116 of the National Security 

13 Act of 1947 (50 U.S.C. 404k) is amended by striking the 

14 period at the end and inserting ‘‘, who may delegate such 

15 authority to other appropriate officials of the Central In16 telligence Agency.’’. 

17 SEC. 425. INSPECTOR GENERAL FOR THE CENTRAL INTEL18 LIGENCE AGENCY. 

19 (a) APPOINTMENT AND QUALIFICATIONS OF THE IN20 SPECTOR GENERAL.—Paragraph (1) of section 17(b) of 

21 the Central Intelligence Agency Act of 1949 (50 U.S.C. 

22 403q(b)) is amended by striking the second and third sen23 tence and inserting ‘‘This appointment shall be made with24 out regard to political affiliation and shall be on the basis 

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1 ing, financial analysis, law, management analysis, public 

2 administration, or investigation. Such appointment shall 

3 also be made on the basis of compliance with the security 

4 standards of the Agency and prior experience in the field 

5 of foreign intelligence.’’. 

6 (b) REMOVAL OF THE INSPECTOR GENERAL.—Para7 graph (6) of section 17(b) of the Central Intelligence 

8 Agency Act of 1949 (50 U.S.C. 403q(b)) is amended— 

9 (1) by striking ‘‘immediately’’; and 

10 (2) by striking the period at the end and insert11 ing ‘‘not later than 30 days prior to the effective 

12 date of such removal.’’. 

13 (c) APPLICATION OF SEMIANNUAL REPORTING RE14 QUIREMENTS WITH RESPECT TO REVIEW REPORTS.— 

15 Paragraph (1) of section 17(d) of the Central Intelligence 

16 Agency Act of 1949 (50 U.S.C. 403q(d)) is amended in 

17 the matter preceding subparagraph (A) by inserting ‘‘re18 view,’’ after ‘‘investigation,’’. 

19 (d) PROTECTION AGAINST REPRISALS.—Subpara20 graph (B) of section 17(e)(3) of the Central Intelligence 

21 Agency Act of 1949 (50 U.S.C. 403q(e)(3)) is amended 

22 by inserting ‘‘or providing such information’’ after ‘‘mak23 ing such complaint’’. 

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1 ligence Agency Act of 1949 (50 U.S.C. 403q(e)(5)) is 

2 amended by inserting ‘‘in any medium (including elec3 tronically stored information or any tangible thing)’’ after 

4 ‘‘other data’’. 

5 (f) OTHER ADMINISTRATIVE AUTHORITIES.— 

6 (1) IN GENERAL.—Subsection (e) of section 17 

7 of the Central Intelligence Agency Act of 1949 (50 

8 U.S.C. 403q) is amended— 

9 (A) by redesignating paragraph (8) as sub10 paragraph (9); 

11 (B) in paragraph (9), as so redesignated— 

12 (i) by striking ‘‘Subject to the concur13 rence of the Director, the’’ and inserting 

14 ‘‘The’’; and 

15 (ii) by adding at the end ‘‘Consistent 

16 with budgetary and personnel resources al17 located by the Director, the Inspector Gen18 eral has final approval of— 

19 ‘‘(A) the selection of internal and external 

20 candidates for employment with the Office of 

21 Inspector General; and 

22 ‘‘(B) all other personnel decisions con23 cerning personnel permanently assigned to the 

24 Office of Inspector General, including selection 

25 and appointment to the Senior Intelligence 


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1 Service, but excluding all security based deter2 minations that are not within the authority of 

3 a head of other Central Intelligence Agency of4 fices.’’; and 

5 (C) by inserting after paragraph (7) the 

6 following: 

7 ‘‘(8) The Inspector General shall— 

8 ‘‘(A) appoint a Counsel to the Inspector Gen9 eral who shall report to the Inspector General; or 

10 ‘‘(B) obtain the services of a counsel appointed 

11 by and directly reporting to another Inspector Gen12 eral or the Council of the Inspectors General on In13 tegrity and Efficiency on a reimbursable basis.’’. 

14 (2) CONSTRUCTION.—Nothing in the amend15 ment made by paragraph (1)(C) shall be construed 

16 to alter the duties and responsibilities of the General 

17 Counsel of the Central Intelligence Agency. The 

18 Counsel to the Inspector General of the Central In19 telligence Agency appointed pursuant to section 

20 17(e)(8) of the Central Intelligence Agency Act of 

21 1949, as added by such paragraph, shall perform the 

22 functions as such Inspector General may prescribe. 


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1 SEC. 426. BUDGET OF THE INSPECTOR GENERAL FOR THE 

2 CENTRAL INTELLIGENCE AGENCY. 

3 Subsection (f) of section 17 of the Central Intel4 ligence Agency Act of 1949 (50 U.S.C. 403q) is amend5 ed— 

6 (1) by inserting ‘‘(1)’’ before ‘‘Beginning’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(2) For each fiscal year, the Inspector General shall 

9 transmit a budget estimate and request through the Direc10 tor to the Director of National Intelligence that specifies 

11 for such fiscal year— 

12 ‘‘(A) the aggregate amount requested for the 

13 operations of the Inspector General; 

14 ‘‘(B) the amount requested for all training re15 quirements of the Inspector General, including a cer16 tification from the Inspector General that the 

17 amount requested is sufficient to fund all training 

18 requirements for the Office; and 

19 ‘‘(C) the amount requested to support the 

20 Council of the Inspectors General on Integrity and 

21 Efficiency, including a justification of such amount. 

22 ‘‘(3) In transmitting a proposed budget to the Presi23 dent for a fiscal year, the Director of National Intelligence 

24 shall include for such fiscal year— 


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1 ‘‘(A) the aggregate amount requested for the 

2 Inspector General of the Central Intelligence Agen3 cy; 

4 ‘‘(B) the amount requested for Inspector Gen5 eral for training; 

6 ‘‘(C) the amounts requested to support of the 

7 Council of the Inspectors General on Integrity and 

8 Efficiency; and 

9 ‘‘(D) the comments of the Inspector General, if 

10 any, with respect to the proposal. 

11 ‘‘(4) The Director of National Intelligence shall sub12 mit to the Committee on Appropriations and the Select 

13 Committee on Intelligence of the Senate and the Com14 mittee on Appropriations and the Permanent Select Com15 mittee on Intelligence of the House of Representatives for 

16 each fiscal year— 

17 ‘‘(A) a separate statement of the budget esti18 mate transmitted pursuant to paragraph (2); 

19 ‘‘(B) the amount requested by the Director of 

20 National Intelligence for the Inspector General pur21 suant to paragraph (3); 

22 ‘‘(C) the amount requested by the Director of 

23 National Intelligence for training for personnel of 

24 the Office; 


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1 ‘‘(D) the amount requested by the Director of 

2 National Intelligence for support for the Council of 

3 the Inspectors General on Integrity and Efficiency; 

4 and 

5 ‘‘(E) the comments of the Inspector General, if 

6 any, on the amount requested pursuant to para7 graph (3), including whether such amount would 

8 substantially inhibit the Inspector General from per9 forming the duties of the Office.’’. 

10 SEC. 427. PUBLIC AVAILABILITY OF UNCLASSIFIED 

11 VERSIONS OF CERTAIN INTELLIGENCE PROD12 UCTS. 

13 The Director of the Central Intelligence Agency shall 

14 make publicly available an unclassified version of any 

15 memoranda or finished intelligence products assessing the 

16 information gained from high-value detainee reporting 

17 dated April 3, 2003, July 15, 2004, March 2, 2005, and 

18 June 1, 2005. 

19 Subtitle C—Defense Intelligence 

20 Components 

21 SEC. 431. INSPECTOR GENERAL MATTERS. 

22 (a) COVERAGE UNDER INSPECTOR GENERAL ACT OF

23 1978.—Subsection (a)(2) of section 8G of the Inspector 

24 General Act of 1978 (5 U.S.C. App. 8G) is amended— 


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1 (1) by inserting ‘‘the Defense Intelligence Agen2 cy,’’ after ‘‘the Corporation for Public Broad3 casting,’’; 

4 (2) by inserting ‘‘the National Geospatial-Intel5 ligence Agency,’’ after ‘‘the National Endowment for 

6 the Humanities,’’; and 

7 (3) by inserting ‘‘the National Reconnaissance 

8 Office, the National Security Agency,’’ after ‘‘the 

9 National Labor Relations Board,’’. 

10 (b) CERTAIN DESIGNATIONS UNDER INSPECTOR

11 GENERAL ACT OF 1978.—Subsection (a) of section 8H 

12 of the Inspector General Act of 1978 (5 U.S.C. App. 8H) 

13 is amended by adding at the end the following new para14 graph: 

15 ‘‘(3) The Inspectors General of the Defense Intel16 ligence Agency, the National Geospatial-Intelligence Agen17 cy, the National Reconnaissance Office, and the National 

18 Security Agency shall be designees of the Inspector Gen19 eral of the Department of Defense for purposes of this 

20 section.’’. 

21 (c) POWER OF HEADS OF ELEMENTS OVER INVES22 TIGATIONS.—Subsection (d) of section 8G of such Act (5 

23 U.S.C. App. 8G) is amended— 

24 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; 


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1 (2) in the second sentence of paragraph (1), as 

2 designated by paragraph (1) of this subsection, by 

3 striking ‘‘The head’’ and inserting ‘‘Except as pro4 vided in paragraph (2), the head’’; and 

5 (3) by adding at the end the following new 

6 paragraph: 

7 ‘‘(2)(A) The Secretary of Defense, in consultation 

8 with the Director of National Intelligence, may prohibit 

9 the Inspector General of an element of the intelligence 

10 community specified in subparagraph (D) from initiating, 

11 carrying out, or completing any audit or investigation if 

12 the Secretary determines that the prohibition is necessary 

13 to protect vital national security interests of the United 

14 States. 

15 ‘‘(B) If the Secretary exercises the authority under 

16 subparagraph (A), the Secretary shall submit to the com17 mittees of Congress specified in subparagraph (E) an ap18 propriately classified statement of the reasons for the ex19 ercise of the authority not later than 7 days after the exer20 cise of the authority. 

21 ‘‘(C) At the same time the Secretary submits under 

22 subparagraph (B) a statement on the exercise of the au23 thority in subparagraph (A) to the committees of Congress 

24 specified in subparagraph (E), the Secretary shall notify 

25 the Inspector General of such element of the submittal of 


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1 such statement and, to the extent consistent with the pro2 tection of intelligence sources and methods, provide the 

3 Inspector General with a copy of such statement. The In4 spector General may submit to such committees of Con5 gress any comments on a notice or statement received by 

6 the Inspector General under this subparagraph that the 

7 Inspector General considers appropriate. 

8 ‘‘(D) The elements of the intelligence community 

9 specified in this subparagraph are as follows: 

10 ‘‘(i) The Defense Intelligence Agency. 

11 ‘‘(ii) The National Geospatial-Intelligence Agen12 cy. 

13 ‘‘(iii) The National Reconnaissance Office. 

14 ‘‘(iv) The National Security Agency. 

15 ‘‘(E) The committees of Congress specified in this 

16 subparagraph are— 

17 ‘‘(i) the Committee on Armed Services and the 

18 Select Committee on Intelligence of the Senate; and 

19 ‘‘(ii) the Committee on Armed Services and the 

20 Permanent Select Committee on Intelligence of the 

21 House of Representatives.’’. 


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1 SEC. 432. CONFIRMATION OF APPOINTMENT OF HEADS OF 

2 CERTAIN COMPONENTS OF THE INTEL3 LIGENCE COMMUNITY. 

4 (a) DIRECTOR OF NATIONAL SECURITY AGENCY.— 

5 The National Security Agency Act of 1959 (50 U.S.C. 402 

6 note) is amended by inserting after the first section the 

7 following new section: 

8 ‘‘SEC. 2. (a) There is a Director of the National Secu9 rity Agency. 

10 ‘‘(b) The Director of the National Security Agency 

11 shall be appointed by the President, by and with the advice 

12 and consent of the Senate. 

13 ‘‘(c) The Director of the National Security Agency 

14 shall be the head of the National Security Agency and 

15 shall discharge such functions and duties as are provided 

16 by this Act or otherwise by law.’’. 

17 (b) DIRECTOR OF NATIONAL GEOSPATIAL-INTEL18 LIGENCE AGENCY.—Section 441(b) of title 10, United 

19 States Code, is amended— 

20 (1) by redesignating paragraphs (2) and (3) as 

21 paragraphs (3) and (4), respectively; and 

22 (2) by inserting after paragraph (1) the fol23 lowing new paragraph (2): 

24 ‘‘(2) The Director of the National Geospatial-Intel25 ligence Agency shall be appointed by the President, by and 

26 with the advice and consent of the Senate.’’. 


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1 (c) DIRECTOR OF NATIONAL RECONNAISSANCE OF2 FICE.—The Director of the National Reconnaissance Of3 fice shall be appointed by the President, by and with the 

4 advice and consent of the Senate. 

5 (d) POSITIONS OF IMPORTANCE AND RESPONSI6 BILITY.— 

7 (1) DESIGNATION OF POSITIONS.—The Presi8 dent may designate any of the positions referred to 

9 in paragraph (2) as positions of importance and re10 sponsibility under section 601 of title 10, United 

11 States Code. 

12 (2) COVERED POSITIONS.—The positions re13 ferred to in this paragraph are as follows: 

14 (A) The Director of the National Security 

15 Agency. 

16 (B) The Director of the National 

17 Geospatial-Intelligence Agency. 

18 (C) The Director of the National Recon19 naissance Office. 

20 (e) EFFECTIVE DATE AND APPLICABILITY.— 

21 (1) IN GENERAL.—The amendments made by 

22 subsections (a) and (b), and subsection (c), shall 

23 take effect on the date of the enactment of this Act 

24 and shall apply upon the earlier of— 


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1 (A) the date of the nomination by the 

2 President of an individual to serve in the posi3 tion concerned, except that the individual serv4 ing in such position as of the date of the enact5 ment of this Act may continue to perform such 

6 duties after such date of nomination and until 

7 the individual appointed to such position, by 

8 and with the advice and consent of the Senate, 

9 assumes the duties of such position; or 

10 (B) the date of the cessation of the per11 formance of the duties of such position by the 

12 individual performing such duties as of the date 

13 of the enactment of this Act. 

14 (2) POSITIONS OF IMPORTANCE AND RESPONSI15 BILITY.—Subsection (d) shall take effect on the date 

16 of the enactment of this Act. 

17 SEC. 433. CLARIFICATION OF NATIONAL SECURITY MIS18 SIONS OF NATIONAL GEOSPATIAL-INTEL19 LIGENCE AGENCY FOR ANALYSIS AND DIS20 SEMINATION OF CERTAIN INTELLIGENCE IN21 FORMATION. 

22 Section 442(a) of title 10, United States Code, is 

23 amended— 

24 (1) by redesignating paragraph (2) as para25 graph (3); 


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1 (2) by inserting after paragraph (1) the fol2 lowing new paragraph (2): 

3 ‘‘(2)(A) As directed by the Director of National Intel4 ligence, the National Geospatial-Intelligence Agency shall 

5 also develop a system to facilitate the analysis, dissemina6 tion, and incorporation of likenesses, videos, and presen7 tations produced by ground-based platforms, including 

8 handheld or clandestine photography taken by or on behalf 

9 of human intelligence collection organizations or available 

10 as open-source information, into the National System for 

11 Geospatial Intelligence. 

12 ‘‘(B) The authority provided by this paragraph does 

13 not include authority for the National Geospatial-Intel14 ligence Agency to manage tasking of handheld or clandes15 tine photography taken by or on behalf of human intel16 ligence collection organizations.’’; and 

17 (3) in paragraph (3), as so redesignated, by 

18 striking ‘‘paragraph (1)’’ and inserting ‘‘paragraphs 

19 (1) and (2)’’. 

20 SEC. 434. DEFENSE INTELLIGENCE AGENCY COUNTER21 INTELLIGENCE AND EXPENDITURES. 

22 Section 105 of the National Security Act of 1947 (50 

23 U.S.C. 403-5) is amended— 

24 (1) in subsection (b)(5), by inserting ‘‘and 

25 counterintelligence’’ after ‘‘human intelligence’’; 


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1 (2) by redesignating subsection (c) as sub2 section (d); and 

3 (3) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c) EXPENDITURE OF FUNDS BY THE DEFENSE IN6 TELLIGENCE AGENCY.—(1) The amounts made available 

7 to the Director of the Defense Intelligence Agency for 

8 human intelligence and counterintelligence activities may 

9 be expended for objects of a confidential, extraordinary, 

10 or emergency nature, without regard to the provisions of 

11 law or regulation relating to the expenditure of Govern12 ment funds, if accounted for by a certificate made by Di13 rector of the Defense Intelligence Agency. Each such cer14 tificate shall be deemed a sufficient voucher for the 

15 amount certified. 

16 ‘‘(2) Not later than December 1 of each year, the Di17 rector of the Defense Intelligence Agency shall submit to 

18 the congressional intelligence committees a report on any 

19 expenditures made during the preceding fiscal year pursu20 ant to the authority described in paragraph (1).’’. 

21 Subtitle D—Other Elements 

22 SEC. 441. CODIFICATION OF ADDITIONAL ELEMENTS OF 

23 THE INTELLIGENCE COMMUNITY. 

24 Section 3(4) of the National Security Act of 1947 (50 

25 U.S.C. 401a(4)) is amended— 


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1 (1) in subparagraph (H)— 

2 (A) by inserting ‘‘the Coast Guard,’’ after 

3 ‘‘the Marine Corps,’’; and 

4 (B) by inserting ‘‘the Drug Enforcement 

5 Administration,’’ after ‘‘the Federal Bureau of 

6 Investigation,’’; and 

7 (2) in subparagraph (K), by striking ‘‘, includ8 ing the Office of Intelligence of the Coast Guard’’. 

9 SEC. 442. AUTHORIZATION OF APPROPRIATIONS FOR 

10 COAST GUARD NATIONAL TACTICAL INTE11 GRATION OFFICE. 

12 Title 14, United States Code, is amended— 

13 (1) in paragraph (4) of section 93(a), by strik14 ing ‘‘function’’ and inserting ‘‘function, including re15 search, development, test, or evaluation related to in16 telligence systems and capabilities,’’; and 

17 (2) in paragraph (4) of section 662, by insert18 ing ‘‘intelligence systems and capabilities or’’ after 

19 ‘‘related to’’. 

20 SEC. 443. RETENTION AND RELOCATION BONUSES FOR THE 

21 FEDERAL BUREAU OF INVESTIGATION. 

22 Section 5759 of title 5 of the United States Code, 

23 is amended— 

24 (1) in subsection (a)(2), by striking ‘‘is trans25 ferred to a different geographic area with a higher 


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1 cost of living’’ and inserting ‘‘is subject to a mobility 

2 agreement and is transferred to a position in a dif3 ferent geographical area in which there is a shortage 

4 of critical skills’’; 

5 (2) in subsection (b)(2), by striking the period 

6 at the end and inserting ‘‘, including requirements 

7 for a bonus recipient’s repayment of a bonus in cir8 cumstances determined by the Director of the Fed9 eral Bureau of Investigation.’’; 

10 (3) in subsection (c), by striking ‘‘basic pay.’’ 

11 and inserting ‘‘annual rate of basic pay. The bonus 

12 may be paid in a lump sum of installments linked 

13 to completion of periods of service.’’; 

14 (4) in subsection (d), by striking ‘‘retention 

15 bonus’’ and inserting ‘‘bonus paid under this sec16 tion’’; and 

17 (5) by striking subsection (e). 

18 SEC. 444. EXTENDING THE AUTHORITY OF THE FEDERAL 

19 BUREAU OF INVESTIGATION TO WAIVE MAN20 DATORY RETIREMENT PROVISIONS. 

21 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Sub22 section (b) of section 8335 of title 5, United States Code, 

23 is amended— 

24 (1) in the paragraph (2) enacted by section 

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1 tions Act, 2005 (title I of division B of Public Law 

2 108–447; 118 Stat. 2868) is amended by striking 

3 ‘‘2009’’ and inserting ‘‘2011’’; and 

4 (2) by striking the paragraph (2) enacted by 

5 section 2005(a)(2) of the Intelligence Reform and 

6 Terrorism Prevention Act of 2004 (Public Law 108– 

7 458; 118 Stat. 3704). 

8 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.— 

9 Subsection (b) of section 8425 of title 5, United States 

10 Code, is amended— 

11 (1) in the paragraph (2) enacted by section 

12 112(b)(2) of the Department of Justice Appropria13 tions Act, 2005 (title I of division B of Public Law 

14 108–447; 118 Stat. 2868) is amended by striking 

15 ‘‘2009’’ and inserting ‘‘2011’’; and 

16 (2) by striking the paragraph (2) enacted by 

17 section 2005(b)(2) of the Intelligence Reform and 

18 Terrorism Prevention Act of 2004 (Public Law 108– 

19 458; 118 Stat. 3704). 

20 SEC. 445. REPORT AND ASSESSMENTS ON TRANS21 FORMATION OF THE INTELLIGENCE CAPA22 BILITIES OF THE FEDERAL BUREAU OF IN23 VESTIGATION. 

24 (a) REPORT.— 


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1 (1) REQUIREMENT.—Not later than 180 days 

2 after the date of the enactment of this Act, the Di3 rector of the Federal Bureau of Investigation, in 

4 consultation with the Director of National Intel5 ligence, shall submit to the congressional intelligence 

6 committees a report describing— 

7 (A) a long-term vision for the intelligence 

8 capabilities of the Bureau’s National Security 

9 Branch; 

10 (B) a strategic plan for the National Secu11 rity Branch; and 

12 (C) the progress made in advancing the ca13 pabilities of the National Security Branch. 

14 (2) CONTENT.—The report required by para15 graph (1) shall include— 

16 (A) a description of the direction, strategy, 

17 and goals for improving the intelligence capa18 bilities of the National Security Branch; 

19 (B) a description of the intelligence and 

20 national security capabilities of the National 

21 Security Branch that will be fully functional 

22 within the 5-year period beginning on the date 

23 the report is submitted; 

24 (C) a description— 


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1 (i) of the internal reforms that were 

2 carried out at the National Security 

3 Branch during the 2-year period ending on 

4 the date the report is submitted; and 

5 (ii) of the manner in which such re6 forms have advanced the capabilities of the 

7 National Security Branch; 

8 (D) an assessment of the effectiveness of 

9 the National Security Branch in performing 

10 tasks that are critical to the effective func11 tioning of the National Security Branch as an 

12 intelligence agency, including— 

13 (i) human intelligence collection, both 

14 within and outside the parameters of an 

15 existing case file or ongoing investigation, 

16 in a manner that protects civil liberties; 

17 (ii) intelligence analysis, including the 

18 ability of the National Security Branch to 

19 produce, and provide policy-makers with, 

20 information on national security threats to 

21 the United States; 

22 (iii) management, including the ability 

23 of the National Security Branch to manage 

24 and develop human capital and implement 


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1 an organizational structure that supports 

2 the Branch’s objectives and strategies; 

3 (iv) integration of the National Secu4 rity Branch into the intelligence commu5 nity, including an ability to robustly share 

6 intelligence and effectively communicate 

7 and operate with appropriate Federal, 

8 State, local, and tribal partners; 

9 (v) implementation of an infrastruc10 ture that supports the national security 

11 and intelligence missions of the National 

12 Security Branch, including proper informa13 tion technology and facilities; and 

14 (vi) reformation of culture of the Na15 tional Security Branch, including its inte16 gration of intelligence analysts and other 

17 professional staff into intelligence collec18 tion operations and its success in ensuring 

19 that intelligence and threat information 

20 drive its operations; and 

21 (E) performance metrics and specific an22 nual timetables for advancing the performance 

23 of the tasks referred to in clauses (i) through 

24 (vi) of subparagraph (D) and a description of 

25 the activities being undertaken to ensure that 


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1 the National Security Branch’s performance on 

2 such tasks improves. 

3 (b) ANNUAL ASSESSMENTS.— 

4 (1) REQUIREMENT FOR ASSESSMENTS.—Not 

5 later than 180 days after the date on which the re6 port required by subsection (a)(1) is submitted, and 

7 annually thereafter for each of the following 5 years, 

8 the Director of National Intelligence, in consultation 

9 with the Director of the Federal Bureau of Inves10 tigation, shall submit to the congressional intel11 ligence committees an assessment of the progress of 

12 the National Security Branch in performing the 

13 tasks referred to in clauses (i) through (vi) of sub14 section (a)(2)(D) in comparison to its performance 

15 of such tasks during previous years. 

16 (2) CONSIDERATIONS.—In conducting each as17 sessment required by paragraph (1), the Director of 

18 National Intelligence— 

19 (A) shall use the performance metrics and 

20 specific annual timetables for accomplishing 

21 such tasks referred to in subsection (a)(2)(E); 

22 and 

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1 cluding an inspector general of an appropriate 

2 agency or department. 

3 TITLE V—REORGANIZATION OF 

4 THE DIPLOMATIC TELE5 COMMUNICATIONS SERVICE 

6 PROGRAM OFFICE 

7 SEC. 501. REORGANIZATION OF THE DIPLOMATIC TELE8 COMMUNICATIONS SERVICE PROGRAM OF9 FICE. 

10 (a) REORGANIZATION OF THE DIPLOMATIC TELE11 COMMUNICATIONS SERVICE PROGRAM OFFICE.— 

12 (1) IN GENERAL.—Subtitle B of title III of the 

13 Intelligence Authorization Act for Fiscal Year 2001 

14 (Public Law 106–567; 22 U.S.C. 7301 et seq.) is 

15 amended by striking sections 321, 322, 323, and 

16 324, and inserting the following: 

17 ‘‘SEC. 321. DIPLOMATIC TELECOMMUNICATIONS SERVICE 

18 PROGRAM OFFICE. 

19 ‘‘(a) REORGANIZATION.—The Diplomatic Tele20 communications Service (hereinafter in this subtitle re21 ferred to as ‘DTS’) shall be reorganized in accordance 

22 with this subtitle. 

23 ‘‘(b) IN GENERAL.—The DTS encompasses the Dip24 lomatic Telecommunications Service Program Office 

25 (hereinafter in this subtitle referred to as ‘DTS–PO’) and 


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1 the DTS Network. The DTS Network is a worldwide tele2 communications network supporting all United States 

3 Government agencies and departments operating from 

4 diplomatic and consular facilities abroad. 

5 ‘‘(c) PURPOSES.—The purpose and duties of DTS– 

6 PO is to implement a program for the establishment and 

7 maintenance of a DTS Network capable of providing mul8 tiple levels of service to meet the wide-ranging needs of 

9 all United States Government agencies and departments 

10 operating from diplomatic and consular facilities abroad, 

11 including national security needs for secure, reliable and 

12 robust communications capabilities. 

13 ‘‘SEC. 322. ESTABLISHMENT OF THE DIPLOMATIC TELE14 COMMUNICATIONS SERVICE GOVERNANCE 

15 BOARD. 

16 ‘‘(a) GOVERNANCE BOARD.— 

17 ‘‘(1) ESTABLISHMENT.—There is hereby estab18 lished the Diplomatic Telecommunications Service 

19 Governance Board (hereinafter in this subtitle re20 ferred to as the ‘Governance Board’) for the purpose 

21 of directing and overseeing the activities and per22 formance of the DTS Program Office. The heads of 

23 the departments and agencies, designated by the Di24 rector of the Office of Management and Budget 

25 from among the departments and agencies that use 


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1 the DTS Network, shall appoint the members of the 

2 Governance Board from the personnel of those de3 partments and agencies so designated. 

4 ‘‘(2) DESIGNATION OF AN EXECUTIVE

5 AGENT.—The Director of the Office of Management 

6 and Budget shall also designate, from among the de7 partments and agencies that use the DTS Network, 

8 the department or agency which shall be the DTS9 PO Executive Agent. 

10 ‘‘(3) REQUIREMENT FOR IMPLEMENTING AR11 RANGEMENTS.—Subject to the requirements of this 

12 subtitle, the Governance Board shall determine the 

13 written implementing arrangements and other rel14 evant and appropriate governance processes and pro15 cedures to manage, oversee, resource or otherwise 

16 administer DTS–PO. Such implementing arrange17 ments may be classified if appropriate in accordance 

18 with criteria established by applicable law or Execu19 tive Orders. 

20 ‘‘(b) MEMBERSHIP.— 

21 ‘‘(1) IN GENERAL.— 

22 ‘‘(A) The Governance Board shall include 

23 voting members and nonvoting members. 

24 ‘‘(B) The voting members shall consist of 

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1 tor of the Office of Management and Budget, 

2 and four other members from the departments 

3 and agencies that use the DTS Network. 

4 ‘‘(C) The non-voting members shall be rep5 resentative of DTS customer organizations and 

6 shall act in an advisory capacity. 

7 ‘‘(c) CHAIR DUTIES AND AUTHORITIES.—The Gov8 ernance Board Chair shall preside over all meetings and 

9 deliberations of the Governance Board and provide its Sec10 retariat functions. The Governance Board Chair shall pro11 pose bylaws governing the operation of the Governance 

12 Board. 

13 ‘‘(d) QUORUM, DECISIONS, MEETINGS.—A quorum 

14 of the Governance Board shall consist of the presence of 

15 the Chair and four voting members. The decisions of the 

16 Governance Board shall require a three-fifths majority of 

17 the voting membership. Meetings will be convened at least 

18 four times each year to carry out its functions. The Chair 

19 or any voting member may convene a meeting of the Gov20 ernance Board. 

21 ‘‘(e) GOVERNANCE BOARD DUTIES AND AUTHORI22 TIES.—The Governance Board shall have the following du23 ties and authorities with respect to DTS–PO, in addition 

24 to any other duties and authorities granted to the Board 

25 pursuant to law: 


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1 ‘‘(1) To approve and monitor DTS–PO’s plans, 

2 services, priorities, policies, and pricing methodology 

3 for bandwidth costs and customer-driven projects. 

4 ‘‘(2) To recommend to the DTS–PO Executive 

5 Agent the Governance Board’s approval, disapproval, 

6 or modification of DTS–PO’s annual budget re7 quests. 

8 ‘‘(3) To review DTS–PO’s performance against 

9 approved plans, its management activities and inter10 nal controls. 

11 ‘‘(4) To require from DTS–PO any plans, re12 ports, documents and records the Governance Board 

13 considers necessary to perform its oversight respon14 sibilities. 

15 ‘‘(5) To conduct and evaluate independent au16 dits of DTS–PO. 

17 ‘‘(6) To approve or disapprove the Executive 

18 Agent’s nomination of the Director of DTS–PO with 

19 a three-fifths majority vote of the Governance 

20 Board. 

21 ‘‘(7) To recommend to the Executive Agent the 

22 replacement of the Director of DTS–PO with a 

23 three-fifths majority vote of the Governance Board. 

24 ‘‘(f) NATIONAL SECURITY INTERESTS.—The Govern25 ance Board shall ensure that those enhancements of, and 


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1 the provision of service for, telecommunication capabilities 

2 that involve the national security interests of the United 

3 States receive the highest prioritization. 

4 ‘‘SEC. 323. FUNDING OF THE DIPLOMATIC TELECOMMUNI5 CATION SERVICE. 

6 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated such sums as may be 

8 necessary for the operations, maintenance, development, 

9 enhancement, modernization, and investment costs of the 

10 DTS Network and DTS–PO. Funds appropriated for allo11 cation to DTS–PO shall be made available to DTS–PO 

12 for a period of two fiscal years. 

13 ‘‘(b) CUSTOMER FEES.—DTS–PO shall charge cus14 tomers for only those bandwidth costs attributable to the 

15 agency or department and for specific customer-driven 

16 projects, as set forth in section 322(e)(1), for which 

17 amounts have not been appropriated for allocation to 

18 DTS–PO. DTS–PO is authorized to directly receive cus19 tomer payments and to invoice customers for the fees 

20 under this section either in advance of, or upon or after, 

21 providing the bandwidth or performing the specific cus22 tomer-driven projects. Such funds received from DTS cus23 tomers shall be made available to DTS–PO for a period 

24 of two fiscal years.’’. 


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1 (2) TABLE OF CONTENTS AMENDMENT.—The 

2 table of contents in section 1 of the Intelligence Au3 thorization Act for Fiscal Year 2001 (Public Law 

4 106–567) is amended by striking the items relating 

5 to sections 321, 322, 323, and 324 and inserting the 

6 following: 

‘‘Sec. 321. Diplomatic Telecommunications Service Program Office. 

‘‘Sec. 322. Establishment of the Diplomatic Telecommunications Service Governance Board. 

‘‘Sec. 323. Funding of the Diplomatic Telecommunication Service.’’. 

7 (b) CONFORMING AMENDMENTS.— 

8 (1) REPEAL OF SUSPENSION OF REORGANIZA9 TION.—The Intelligence Authorization Act for Fiscal 

10 Year 2002 (Public Law 107–108; 22 U.S.C. 7301 

11 note) is amended by striking section 311. 

12 (2) REPEAL OF REFORM.—The Admiral James 

13 W. Nance and Meg Donovan Foreign Relations Au14 thorization Act, Fiscal Years 2000 and 2001 ((as 

15 enacted into law by section 1000(a)(7) of Public 

16 Law 106–113 and contained in appendix G of that 

17 Act; 113 Stat. 1501A–405)) is amended by striking 

18 section 305. 

19 (3) REPEAL OF REPORTING REQUIREMENTS.— 

20 Section 507(b) of the National Security Act of 1947 

21 (50 U.S.C. 415b(b)) is amended— 

22 (A) by striking paragraph (3); and 


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1 (B) by redesignating paragraphs (4), (5), 

2 and (6) as paragraphs (3), (4), and (5), respec3 tively. 

4 TITLE VI—FOREIGN INTEL5 LIGENCE AND INFORMATION 

6 COMMISSION ACT 

7 SEC. 601. SHORT TITLE. 

8 This title may be cited as the ‘‘Foreign Intelligence 

9 and Information Commission Act’’. 

10 SEC. 602. DEFINITIONS. 

11 In this title: 

12 (1) 2005 NATIONAL INTELLIGENCE STRAT13 EGY.—The term ‘‘2005 National Intelligence Strat14 egy’’ means the National Intelligence Strategy of the 

15 United States of America released by the Director of 

16 National Intelligence on October 26, 2005. 

17 (2) 2006 ANNUAL REPORT OF THE UNITED

18 STATES INTELLIGENCE COMMUNITY AND 2006 AN19 NUAL REPORT.—The terms ‘‘2006 Annual Report of 

20 the United States Intelligence Community’’ and 

21 ‘‘2006 Annual Report’’ mean the 2006 Annual Re22 port of the United States Intelligence Community 

23 released by the Director of National Intelligence in 

24 February 2007. 


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1 (3) COMMISSION.—The term ‘‘Commission’’ 

2 means the Foreign Intelligence and Information 

3 Commission established in section 604(a). 

4 (4) FOREIGN INTELLIGENCE, INTELLIGENCE.— 

5 The terms ‘‘foreign intelligence’’ and ‘‘intelligence’’ 

6 have the meaning given those terms in section 3 of 

7 the National Security Act of 1947 (50 U.S.C. 401a). 

8 (5) INFORMATION.—The term ‘‘information’’ 

9 includes information of relevance to the foreign pol10 icy of the United States collected and conveyed 

11 through diplomatic reporting and other reporting by 

12 personnel of the Government of the United States 

13 who are not employed by an element of the intel14 ligence community, including public and open-source 

15 information. 

16 (6) STRATEGIC PLAN OF THE DEPARTMENT OF

17 STATE.—The term ‘‘Strategic Plan of the Depart18 ment of State’’ means the Strategic Plan for Fiscal 

19 Years 2007-2012 of the Department of State and 

20 the United States Agency for International Develop21 ment revised on May 7, 2007. 

22 SEC. 603. FINDINGS. 

23 Congress makes the following findings: 

24 (1) Accurate, timely, and comprehensive foreign 

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1 tional security of United States and the furtherance 

2 of the foreign policy goals of the United States. 

3 (2) It is in the national security and foreign 

4 policy interest of the United States to ensure the 

5 global deployment of personnel of the Government of 

6 the United States who are responsible for collecting 

7 and reporting foreign intelligence and information, 

8 including personnel from the intelligence community, 

9 the Department of State, and other agencies and de10 partments of the Government of the United States, 

11 and that adequate resources are committed to effect 

12 such collection and reporting. 

13 (3) The 2005 National Intelligence Strategy 

14 and the 2006 Annual Report of the United States 

15 Intelligence Community identified 5 major missions 

16 of the intelligence community to support the na17 tional security requirements of the United States, 

18 the first 2 of which, defeating terrorism and pre19 venting and countering the spread of weapons of 

20 mass destruction, are global and transnational in na21 ture. 

22 (4) The third major mission identified by the 

23 2005 National Intelligence Strategy and the 2006 

24 Annual Report, bolstering the growth of democracy 

25 and sustaining peaceful democratic states, requires a 


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1 global commitment of collection, reporting, and ana2 lytical capabilities. 

3 (5) The 2005 National Intelligence Strategy 

4 and the 2006 Annual Report identify as a major 

5 mission the need to ‘‘anticipate developments of 

6 strategic concern and identify opportunities as well 

7 as vulnerabilities for decision makers’’. 

8 (6) The 2006 Annual Report provides the fol9 lowing: 

10 (A) ‘‘In a world in which developments in 

11 distant reaches of the globe can quickly affect 

12 American citizens and interests at home and 

13 abroad, the Intelligence Community must alert 

14 policy makers to problems before they escalate 

15 and provide insights into their causes and ef16 fects. Analysis must do more than just describe 

17 what is happening and why; it must identify a 

18 range of opportunities for (and likely con19 sequences of) diplomatic, military, law enforce20 ment, economic, financial, or homeland security 

21 action. To support policymakers, the Intel22 ligence Community should develop, sustain, and 

23 maintain access to expertise on every region, 

24 every transnational security issue, and every 

25 threat to the American people.’’. 


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1 (B) ‘‘We still need to re-balance, integrate, 

2 and optimize collection capabilities to meet cur3 rent and future customer and analytic prior4 ities. Collection is . . . what gives the [Intel5 ligence Community] its ‘competitive advantage’ 

6 in protecting the United States and its inter7 ests.’’. 

8 (C) ‘‘One challenge to improving the cov9 erage of emerging and strategic issues across 

10 the Intelligence Community has been the diver11 sion of resources to current crisis support . . .’’. 

12 (D) ‘‘Collection against terrorists in places 

13 like Iraq and Afghanistan took a substantial 

14 share of the [Intelligence Community’s] re15 sources and efforts in FY 2006.’’. 

16 (E) ‘‘With so many [Intelligence Commu17 nity] resources dedicated to the War on Terror 

18 and WMD programs in closed regimes, the [In19 telligence] Community’s collection efforts still 

20 have to devote significant attention to potential 

21 or emerging threats of strategic consequence.’’. 

22 (7) On January 23, 2007, the Deputy Director 

23 of National Intelligence for Collection testified to the 

24 Select Committee on Intelligence of the Senate that 

25 there is a ‘‘need to get the Intelligence Community 


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1 back to what I grew up calling global reach’’, stating 

2 that ‘‘we don’t have that today’’. She further testi3 fied that ‘‘our challenge is . . . with [Congress] help 

4 [to get back] to a place where we can do global 

5 reach, and pay attention to places that we are not.’’. 

6 (8) On February 14, 2008, the Director of Na7 tional Intelligence testified to the Select Committee 

8 on Intelligence of the Senate that ‘‘certainly current 

9 crisis support takes a disproportionate share’’ of in10 telligence resources over emerging and strategic 

11 issues. 

12 (9) In responses to questions posed by the Se13 lect Committee on Intelligence of the Senate in ad14 vance of the February 5, 2009 hearing on the nomi15 nation of Leon Panetta to be Director of the Central 

16 Intelligence Agency, Mr. Panetta stated that ‘‘I am 

17 also concerned that we have not devoted sufficient 

18 resources to a broader set of national intelligence 

19 challenges – such as Russia, China, the global eco20 nomic downturn, as well as unstable and weak gov21 ernments in places such as Africa and Latin Amer22 ica.’’. 

23 (10) On February 12, 2009, the Director of 

24 National Intelligence testified to the Select Com25 mittee on Intelligence of the Senate that ‘‘I’d say 


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1 the most significant gaps are the areas that are not 

2 traditional state threats, that we have not figured 

3 out the right way to collect information and we have 

4 not grown the analysts to do it. . .. We’re not as 

5 good with non-state actors.’’. 

6 (11) On March 26, 2009, the Director of Na7 tional Intelligence stated that ‘‘We re-evaluate that 

8 National Intelligence Priority Framework formally 

9 ever six months and informally, as we have. And its 

10 quite remarkable, if you – you know those time-lapse 

11 pictures where things change? If you showed a time12 lapse picture of that National Intelligence Priority 

13 Framework, you’d see, sort of, colors shifting over 

14 time as things came up, in terms of their threat or 

15 in terms of an opportunity that they – so I just, I 

16 think it’s a mistake to tie us down to, this is my im17 portant priority. There are enduring things we have 

18 to spend a lot of time on because you can’t instantly 

19 generate intelligence about a country that’s very 

20 good at keeping its secrets that you know is going 

21 to be a factor for a long time. And we have to work 

22 on those – we have to work on those every time. We 

23 have to keep an excellent baseline understanding of 

24 what’s going on in the world, but then we need to 

25 be able to flex.’’. 


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1 (12) The National Commission on Terrorist At2 tacks Upon the United States (hereinafter referred 

3 to as the ‘‘9/11 Commission’’) reported that ‘‘To 

4 find sanctuary, terrorist organizations have fled to 

5 some of the least governed, most lawless places in 

6 the world. The intelligence community has prepared 

7 a world map that highlights possible terrorist ha8 vens, using no secret intelligence – just indicating 

9 areas that combine rugged terrain, weak governance, 

10 room to hide or receive supplies, and low population 

11 density with a town or city near enough to allow 

12 necessary interaction with the outside world. Large 

13 areas scattered around the world meet these cri14 teria.’’. 

15 (13) The 9/11 Commission recommended that 

16 the ‘‘U.S. government must identify and prioritize 

17 actual or potential terrorist sanctuaries. For each, it 

18 should have a realistic strategy to keep possible ter19 rorists insecure and on the run, using all elements 

20 of national power. We should reach out, listen to, 

21 and work with other countries that can help.’’. 

22 (14) On May 6, 2008, the Acting Director of 

23 the National Counterterrorism Center testified to 

24 the Select Committee on Intelligence of the Senate 

25 that ‘‘I wish I had more resources to dedicate to 


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1 longer-term threats, absolutely,’’ that ‘‘much of the 

2 information about the instability that can lead to 

3 safe havens or ideological radicalization comes not 

4 from covert collection but from open collection, best 

5 done by Foreign Service officers,’’ and that there 

6 should be ways to direct resources toward whoever 

7 is best positioned to learn about safe-haven condi8 tions. 

9 (15) On November 1, 2005, the Director of Na10 tional Intelligence Open Source Center was estab11 lished with functions that ‘‘include collection, anal12 ysis and research, training, and information tech13 nology management to facilitate government-wide 

14 access and use’’ of openly available information. 

15 (16) The Strategic Plan of the Department of 

16 State provides as a strategic goal that ‘‘Our diplo17 matic and development activities will reduce the 

18 threat or impact of violent conflict by developing 

19 early warning . . . capability.’’. 

20 (17) On January 22, 2009, James Steinberg, a 

21 nominee to be Deputy Secretary of State, testified to 

22 the Committee on Foreign Relations of the Senate 

23 that ‘‘if we’re going to be effective in this move to24 wards smart power, then we have to understand how 

25 we reprioritize our resources to be able to achieve 


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1 that. . . If we only think about the crisis of the mo2 ment, then we’re not prepared as new challenges 

3 emerge. And we’ve seen this time and time again, 

4 that issues that were not immediately on the radar 

5 screen don’t get the attention they deserve. . .. So 

6 the idea of looking forward and trying to figure out 

7 over the long term where our priorities need to be, 

8 how do we anticipate some of these challenges, and 

9 then judge how we have sort of assigned resources 

10 to take care of not only those current needs but also 

11 those long-term challenges I think has to be very im12 portant and part of a strategic planning strat13 egy. . . although we have a very strong intelligence 

14 community, that there is a tremendous resource of 

15 people who’ve lived and worked out in the countries 

16 that we’re dealing with and that, for a variety of 

17 reasons, the intelligence community is not always the 

18 best equipped to do that. They bring their own spe19 cial skills. But the Foreign Service officers, and also 

20 people from outside the government, are enormous 

21 sources of information and value. And we need to 

22 find better ways, in my judgment, to have more con23 tact with people in the private sector, from the 

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1 sities and the like, as part of our being able to touch 

2 and feel what’s going on the ground.’’. 

3 (18) On January 22, 2009, Jacob Lew, a nomi4 nee to be Deputy Secretary of State, testified to the 

5 Committee on Foreign Relations of the Senate that 

6 ‘‘I believe strongly that resources have to follow pri7 orities. The decision of where we need to be and 

8 what kinds of skills we need have to fit into a com9 prehensive strategy. . .. We need to work with our 

10 other Cabinet agency partners. There are 20 govern11 ment agencies that have resources that work in or 

12 through our embassies. We don’t need to recreate 

13 the wheel; we need to cooperate with each other and 

14 make sure that we have enough Foreign Service, 

15 civil service and locally engaged staff so that we can 

16 effectively coordinate the efforts that the United 

17 States puts on the ground. I think that it all begins 

18 with the strategic planning process. If we don’t have 

19 a clear vision of what we need and what we want, 

20 were not going to be able to make the right resource 

21 allocation decisions. And we have to be able to look 

22 beyond this week, next week, or even next year. . .. 

23 We need to reach not just into the building but all 

24 the way into the field and make it clear that we have 

25 every intention of bringing the resources of the State 


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1 Department to bear as we deal with these kinds of 

2 problems and challenges abroad, that we have 

3 knowledge in our embassies, in our consulates, about 

4 a range of issues, not just political issues — eco5 nomic issues, scientific issues, cultural issues — that 

6 give us the broadest understanding of what’s going 

7 on in an increasingly global world.’’. 

8 (19) The Legal Attache offices and sub-offices 

9 of the Federal Bureau of Investigation are currently 

10 located in 75 cities around the world, providing cov11 erage for more than 200 countries, territories, and 

12 islands. 

13 (20) On October 4, 2007, Thomas V. Fuentes, 

14 Assistant Director of the Federal Bureau of Inves15 tigation for Office of International Operations, testi16 fied to the Subcommittee on Border, Maritime, and 

17 Global Counterterrorism of the Committee on Home18 land Security of the House of Representatives that 

19 the ‘‘core mission’’ of the Legal Attache offices ‘‘is 

20 to establish and maintain liaison with principal law 

21 enforcement and security services in designated for22 eign countries. . . enabl[ing] the FBI to effectively 

23 and expeditiously conduct its responsibilities in com24 bating international terrorism, organized crime, 

25 cyber crime, and general criminal matters,’’ and that 


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1 while ‘‘they do not conduct foreign intelligence gath2 ering,’’ ‘‘typical duties’’ include . . . ‘‘conducting in3 vestigations in coordination with the host govern4 ment; sharing investigative leads and information; 

5 briefing Embassy counterparts from other agencies, 

6 including law enforcement agencies, as appropriate, 

7 and Ambassadors. . . providing situation reports 

8 concerning cultural protocol; [and] assessing political 

9 and security climates.’’. 

10 (21) The July 2008 Preliminary Findings by 

11 the Project on National Security Reform, entitled 

12 ‘‘Enduring Security in an Unpredictable World: the 

13 Urgent Need for National Security Reform,’’ in14 cluded the following: 

15 (A) The lack of a national security strat16 egy that clearly links ends, ways, and means 

17 and assigned roles and responsibilities to each 

18 department has encouraged a proliferation of 

19 department-level strategies. These department 

20 strategies are uncoordinated and do not system21 atically generate capabilities required for na22 tional objectives 

23 (B) The resource allocation process is not 

24 driven by any overall national plan or strategy 

25 for achieving broad objectives, and the results 


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1 or effectiveness of the budgeting process cannot 

2 be measured against such objectives. 

3 (C) The national security system tends to 

4 overemphasize traditional security threats and 

5 under emphasize emerging challenges. 

6 SEC. 604. ESTABLISHMENT AND FUNCTIONS OF THE COM7 MISSION. 

8 (a) ESTABLISHMENT.—There is established in the 

9 legislative branch a Foreign Intelligence and Information 

10 Commission. 

11 (b) FUNCTIONS.—The Commission shall— 

12 (1) evaluate any current processes or systems 

13 for the strategic integration of the intelligence com14 munity, including the Open Source Center, and 

15 other elements of the United States Government, in16 cluding the Department of State, with regard to the 

17 collection, reporting and analysis of foreign intel18 ligence and information; 

19 (2) provide recommendations to improve or de20 velop such processes or systems to include the devel21 opment of an inter-agency strategy that identifies— 

22 (A) the collection, reporting, and analysis 

23 requirements of the United States Government; 


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1 (B) the elements of the United States Gov2 ernment best positioned to meet collection and 

3 reporting requirements; 

4 (C) collection and reporting missions for 

5 the intelligence community and other elements 

6 of the United States Government based on the 

7 requirements of the United States Government, 

8 comparative institutional advantages, and other 

9 relevant factors; 

10 (D) analytical capabilities needed to 

11 achieve the requirements of the United States 

12 Government; and 

13 (E) inter-agency budget and resource allo14 cations necessary to achieve such collection, re15 porting, and analytical requirements; 

16 (3) evaluate the extent to which current intel17 ligence collection, reporting, and analysis strategies 

18 are aimed at providing global coverage and antici19 pating future threats, challenges, and crises; 

20 (4) provide recommendations on how to incor21 porate into the inter-agency strategy the means to 

22 anticipate future threats, challenges, and crises, in23 cluding by identifying and supporting collection, re24 porting, and analytical capabilities which are global 


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1 in scope and which are directed at emerging, long2 term, and strategic targets; 

3 (5) provide recommendations on strategies for 

4 sustaining human and budgetary resources to effect 

5 the global collection and reporting missions identi6 fied in the inter-agency strategy, including the 

7 prepositioning of collection and reporting capabili8 ties; 

9 (6) provide recommendations for developing, 

10 clarifying, and, if necessary, bolstering current and 

11 future collection and reporting roles and capabilities 

12 of elements of the United States Government outside 

13 the intelligence community deployed overseas; 

14 (7) provide recommendations related to the role 

15 of individual country missions in contributing to the 

16 inter-agency strategy; 

17 (8) evaluate the extent to which the establish18 ment of new embassies and out-of-embassy posts are 

19 able to contribute to expanded global coverage and 

20 increased collection and reporting and provide rec21 ommendations related to the establishment of new 

22 embassies and out-of-embassy posts; 

23 (9) provide recommendations related to the es24 tablishment of any new executive branch entity, or 

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1 utive branch entity, as needed to improve the stra2 tegic integration described in paragraph (1) and de3 velop and oversee the implementation of the inter4 agency strategy; 

5 (10) provide recommendations on any legislative 

6 changes necessary to establish any new entity or to 

7 expand the authorities of any existing entity, as de8 scribed in paragraph (9); 

9 (11) provide recommendations on processes for 

10 developing and presenting to Congress budget re11 quests for each relevant element of the United 

12 States Government that reflect the allocations iden13 tified in the inter-agency strategy and for congres14 sional oversight of the development and implementa15 tion of the strategy; and 

16 (12) provide recommendations on any institu17 tional reforms related to the collection and reporting 

18 roles of individual elements of the United States 

19 Government outside the intelligence community, as 

20 well as any budgetary, legislative, or other changes 

21 needed to achieve such reforms. 

22 SEC. 605. MEMBERS AND STAFF OF THE COMMISSION. 

23 (a) MEMBERS OF THE COMMISSION.— 

24 (1) APPOINTMENT.—The Commission shall be 

25 composed of 10 members as follows: 


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1 (A) Two members appointed by the major2 ity leader of the Senate. 

3 (B) Two members appointed by the minor4 ity leader of the Senate. 

5 (C) Two members appointed by the Speak6 er of the House of Representatives. 

7 (D) Two members appointed by the minor8 ity leader of the House of Representatives. 

9 (E) One nonvoting member appointed by 

10 the Director of National Intelligence. 

11 (F) One nonvoting member appointed by 

12 the Secretary of State. 

13 (2) SELECTION.— 

14 (A) IN GENERAL.—Members of the Com15 mission shall be individuals who— 

16 (i) are private citizens; and 

17 (ii) have— 

18 (I) knowledge and experience in 

19 foreign information and intelligence 

20 collection, reporting, and analysis, in21 cluding clandestine collection and clas22 sified analysis, diplomatic reporting 

23 and analysis, and collection of public 

24 and open source information; 


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1 (II) knowledge and experience in 

2 issues related to the national security 

3 and foreign policy of the United 

4 States gained by serving as a senior 

5 official of the Department of State, a 

6 member of the Foreign Service, an 

7 employee or officer of an appropriate 

8 agency or department of the United 

9 States, or an independent organiza10 tion with expertise in the field of 

11 international affairs; or 

12 (III) knowledge and experience 

13 with foreign policy decision making. 

14 (B) DIVERSITY OF EXPERIENCE.—The in15 dividuals appointed to the Commission should 

16 be selected with a view to establishing diversity 

17 of experience with regard to various geographic 

18 regions, functions, and issues. 

19 (3) TIME OF APPOINTMENT.—The appoint20 ments under subsection (a) shall be made not later 

21 than 60 days after the date of the enactment of this 

22 Act. 

23 (4) TERM OF APPOINTMENT.—Members shall 

24 be appointed for the life of the Commission. 


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1 (5) VACANCIES.—Any vacancy of the Commis2 sion shall not affect the powers of the Commission 

3 and shall be filled in the manner in which the origi4 nal appointment was made. 

5 (6) CHAIR.—The members of the Commission 

6 shall designate 1 of the voting members to serve as 

7 the chair of the Commission. 

8 (7) QUORUM.—Six members of the Commission 

9 shall constitute a quorum for purposes of 

10 transacting the business of the Commission. 

11 (8) MEETINGS.—The Commission shall meet at 

12 the call of the chair and shall meet regularly, not 

13 less than once every 3 months, during the life of the 

14 Commission. 

15 (b) STAFF.— 

16 (1) IN GENERAL.—The chair of the Commission 

17 may, without regard to the civil service laws and 

18 regulations, appoint and terminate an executive di19 rector and, in consultation with the executive direc20 tor, appoint and terminate such other additional per21 sonnel as may be necessary to enable the Commis22 sion to perform its duties. In addition to the execu23 tive director and 1 full-time support staff for the ex24 ecutive director, there shall be additional staff with 


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1 relevant intelligence and foreign policy experience to 

2 help support the Commission’s work. 

3 (2) SELECTION OF THE EXECUTIVE DIREC4 TOR.—The executive director shall be selected with 

5 the approval of a majority of the members of the 

6 Commission. 

7 (3) COMPENSATION.— 

8 (A) EXECUTIVE DIRECTOR.—The executive 

9 director shall be compensated at the rate pay10 able for level IV of the Executive Schedule 

11 under section 5315 of title 5, United States 

12 Code. 

13 (B) STAFF.—The chair of the Commission 

14 may fix the compensation of other staff of the 

15 Commission without regard to the provisions of 

16 chapter 51 and subchapter III of chapter 53 of 

17 title 5, United States Code, relating to classi18 fication of positions and General Schedule pay 

19 rates, except that the rate of pay for such per20 sonnel may not exceed the rate payable for level 

21 IV of the Executive Schedule under section 

22 5315 of such title. 

23 (c) EXPERTS AND CONSULTANTS.—This Commission 

24 is authorized to procure temporary or intermittent services 

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1 thorized by section 3109 of title 5, United States Code, 

2 at rates not to exceed the maximum annual rate of basic 

3 pay payable under section 5376 of such title. 

4 (d) STAFF AND SERVICES OF OTHER AGENCIES OR

5 DEPARTMENT OF THE UNITED STATES.—Upon the re6 quest of the Commission, the head of an agency or depart7 ment of the United States may detail, on a reimbursable 

8 or nonreimbursable basis, any of the personnel of that de9 partment or agency to the Commission to assist it in car10 rying out this title. The detail of any such personnel shall 

11 be without interruption or loss of civil service or Foreign 

12 Service status or privilege. 

13 (e) SECURITY CLEARANCE.—The appropriate agen14 cies or departments of the United States shall cooperate 

15 with the Commission in expeditiously providing to the 

16 members and staff of the Commission appropriate security 

17 clearances to the extent possible pursuant to existing pro18 cedures and requirements. 

19 SEC. 606. POWERS AND DUTIES OF THE COMMISSION. 

20 (a) IN GENERAL.— 

21 (1) HEARINGS AND EVIDENCE.—The Commis22 sion may, for the purpose of carrying out this title— 

23 (A) hold hearings, sit and act at times and 

24 places in the United States and in countries in 

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1 ence, take testimony, and receive evidence as 

2 the Commission considers advisable to carry out 

3 this title; and 

4 (B) subject to subsection (b)(1), require, 

5 by subpoena or otherwise, the attendance and 

6 testimony of such witnesses and the production 

7 of such books, records, correspondence, memo8 randa , papers, and documents, as the Commis9 sion considers necessary. 

10 (b) SUBPOENAS.— 

11 (1) ISSUANCE.— 

12 (A) IN GENERAL.—A subpoena may be 

13 issued under this section only— 

14 (i) by the agreement of the chair of 

15 the Commission; and 

16 (ii) by the affirmative vote of 5 mem17 bers of the Commission. 

18 (B) SIGNATURE.—Subject to subparagraph 

19 (A), subpoenas issued under this section may be 

20 issued under the signature of the chair or any 

21 member designated by a majority of the Com22 mission and may be served by any person des23 ignated by the chair or by a member designated 

24 by a majority of the Commission. 

25 (2) ENFORCEMENT.— 


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1 (A) IN GENERAL.—In the case of contu2 macy or failure to obey a subpoena issued 

3 under this section, the United States district 

4 court for the judicial district in which the sub5 poenaed person resides, is served, or may be 

6 found, or where the subpoena is returnable, 

7 may issue an order requiring such person to ap8 pear at any designated place to testify or to 

9 produce documentary or other evidence. Any 

10 failure to obey the order of the court may be 

11 punished by the court as a contempt of that 

12 court. 

13 (B) ADDITIONAL ENFORCEMENT.—In the 

14 case of any failure of any witness to comply 

15 with any subpoena or to testify when sum16 moned under authority of this section, the Com17 mission may, by majority vote, certify a state18 ment of fact constituting such failure to the ap19 propriate United States attorney, who may 

20 bring the matter before the grand jury for its 

21 action, under the same statutory authority and 

22 procedures as if the United States attorney had 

23 received a certification under sections 102, 103, 

24 or 104 of the Revised Statutes of the United 

25 States (2 U.S.C. 192, 193, and 194). 


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1 (c) INFORMATION FROM FEDERAL AGENCIES.—The 

2 Commission may secure directly from any agency or de3 partment of the United States such information as the 

4 Commission considers necessary to carry out this title. 

5 Upon request of the chair of the Commission, the head 

6 of such agency or department shall furnish such informa7 tion to the Commission, subject to applicable law. 

8 (d) POSTAL SERVICES.—The Commission may use 

9 the United States mails in the same manner and under 

10 the same conditions as an agency or department of the 

11 United States. 

12 (e) ADMINISTRATIVE SUPPORT.—The Administrator 

13 of the General Services Administration shall provide to the 

14 Commission on a reimbursable basis (or, in the discretion 

15 of the Administrator, on a nonreimbursable basis) such 

16 administrative support services as the Commission may re17 quest to carry out this title. 

18 (f) ADMINISTRATIVE PROCEDURES.—The Commis19 sion may adopt such rules and regulations, relating to ad20 ministrative procedure, as may be reasonably necessary to 

21 enable it to carry out this title. 

22 (g) TRAVEL.— 

23 (1) IN GENERAL.—The members and staff of 

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1 mission, conduct such travel as is necessary to carry 

2 out this title. 

3 (2) EXPENSES.—Members of the Commission 

4 shall serve without pay but shall be allowed travel 

5 expenses, including per diem in lieu of subsistence, 

6 at rates authorized for employees of agencies under 

7 subchapter I of chapter 57 of title 5, United States 

8 Code, while away from their homes or regular places 

9 of business in the performance of services for the 

10 Commission. 

11 (h) GIFTS.—No member of the Commission may re12 ceive a gift or benefit by reason of such member’s service 

13 on the Commission. 

14 SEC. 607. REPORT OF THE COMMISSION. 

15 (a) IN GENERAL.— 

16 (1) INTERIM REPORT.—Not later than 1 year 

17 after the members of the Commission are appointed 

18 under section 5(a), the Commission shall submit an 

19 interim report to the congressional intelligence com20 mittees setting forth the preliminary findings and 

21 recommendations of the Commission described in 

22 section 604(b). 

23 (2) FINAL REPORT.—Not later than 4 months 

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1 port setting forth the final findings and rec2 ommendations of the Commission described in sec3 tion 604(b) to the following: 

4 (A) The President. 

5 (B) The Director of National Intelligence. 

6 (C) The Secretary of State. 

7 (D) The congressional intelligence commit8 tees. 

9 (E) The Committee on Foreign Relations 

10 of the Senate. 

11 (F) The Committee on Foreign Affairs of 

12 the House of Representatives. 

13 (b) INDIVIDUAL OR DISSENTING VIEWS.—Each 

14 member of the Commission may include that member’s 

15 dissenting views in a report required by paragraph (1) or 

16 (2) of subsection (a). 

17 (c) FORM OF REPORT.—The reports required by 

18 paragraphs (1) and (2) of subsection (a), including any 

19 finding or recommendation of such report, shall be sub20 mitted in both an unclassified and a classified form. 

21 SEC. 608. TERMINATION. 

22 The Commission shall terminate 60 days after the 

23 submission of the report required by section 607(a)(2). 


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1 SEC. 609. NONAPPLICABILITY OF FEDERAL ADVISORY COM2 MITTEE ACT. 

3 The Federal Advisory Committee Act (5 U.S.C. App.) 

4 shall not apply to the Commission. 

5 SEC. 610. FUNDING. 

6 (a) TRANSFER FROM THE NATIONAL INTELLIGENCE

7 PROGRAM.—Of the amounts available for the National In8 telligence Program for fiscal year 2009, $4,000,000 shall 

9 be available for transfer to the Commission to carry out 

10 this title. 

11 (b) AVAILABILITY.—The amounts made available to 

12 the Commission pursuant to subsection (a) shall remain 

13 available until the termination of the Commission. 

14 TITLE VII—TECHNICAL 

15 AMENDMENTS 

16 SEC. 701. TECHNICAL AMENDMENTS TO THE FOREIGN IN17 TELLIGENCE SURVEILLANCE ACT OF 1978. 

18 The Foreign Intelligence Surveillance Act of 1978 

19 (50 U.S.C. 1801 et seq.) is amended— 

20 (1) in section 101— 

21 (A) in subsection (a), by moving paragraph 

22 (7) two ems to the right; and 

23 (B) by moving subsections (b) through (p) 

24 two ems to the right; 

25 (2) in section 103, by redesignating subsection 

26 (i) as subsection (h); 


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1 (3) in section 109(a)— 

2 (A) in paragraph (1), by striking ‘‘section 

3 112.;’’ and inserting ‘‘section 112;’’; and 

4 (B) in paragraph (2), by striking the sec5 ond period; 

6 (4) in section 301(1), by striking ‘‘ ‘United 

7 States’ ’’ and all that follows through ‘‘and ‘State’ ’’ 

8 and inserting ‘‘ ‘United States’, ‘person’, ‘weapon of 

9 mass destruction’, and ‘State’ ’’; 

10 (5) in section 304(b), by striking ‘‘subsection 

11 (a)(3)’’ and inserting ‘‘subsection (a)(2)’’; and 

12 (6) in section 502(a), by striking ‘‘a annual’’ 

13 and inserting ‘‘an annual’’. 

14 SEC. 702. TECHNICAL AMENDMENTS TO THE CENTRAL IN15 TELLIGENCE AGENCY ACT OF 1949. 

16 The Central Intelligence Agency Act of 1949 (50 

17 U.S.C. 403a et seq.) is amended— 

18 (1) in paragraph (1) of section 5(a), by striking 

19 ‘‘authorized under paragraphs (2) and (3) of section 

20 102(a), subsections (c)(7) and (d) of section 103, 

21 subsections (a) and (g) of section 104, and section 

22 303 of the National Security Act of 1947 (50 U.S.C. 

23 403(a)(2), (3), 403–3(c)(7), (d), 403–4(a), (g), and 

24 405)’’ and inserting ‘‘authorized under section 104A 


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1 of the National Security Act of 1947 (50 U.S.C. 

2 403–4a).’’; and 

3 (2) in section 17(d)(3)(B)— 

4 (A) in clause (i), by striking ‘‘advise’’ and 

5 inserting ‘‘advice’’; and 

6 (B) by amending clause (ii) to read as fol7 lows: 

8 ‘‘(ii) holds or held the position in the 

9 Agency, including such a position held on an 

10 acting basis, of— 

11 ‘‘(I) Deputy Director; 

12 ‘‘(II) Associate Deputy Director; 

13 ‘‘(III) Director of the National Clan14 destine Service; 

15 ‘‘(IV) Director of Intelligence; 

16 ‘‘(V) Director of Support; or 

17 ‘‘(VI) Director of Science and Tech18 nology.’’. 

19 SEC. 703. TECHNICAL AMENDMENTS TO TITLE 10, UNITED 

20 STATES CODE. 

21 Section 528(c) of title 10, United States Code, is 

22 amended— 

23 (1) in the heading, by striking ‘‘ASSOCIATE DI24 RECTOR OF CIA FOR MILITARY AFFAIRS’’ and inVerDate Nov 24 2008 00:17 Jul 23, 2009 Jkt 079200 PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 E:\BILLS\S1494.PCS S1494

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1 serting ‘‘ASSOCIATE DIRECTOR OF MILITARY AF2 FAIRS, CIA’’; and 

3 (2) by striking ‘‘Associate Director of the Cen4 tral Intelligence Agency for Military Affairs’’ and in5 serting ‘‘Associate Director of Military Affairs, Cen6 tral Intelligence Agency, or any successor position’’. 

7 SEC. 704. TECHNICAL AMENDMENTS TO THE NATIONAL SE8 CURITY ACT OF 1947. 

9 The National Security Act of 1947 (50 U.S.C. 401 

10 et seq.) is amended— 

11 (1) in section 3(4)(L), by striking ‘‘other’’ the 

12 second place it appears; 

13 (2) in section 102A— 

14 (A) in subsection (c)(3)(A), by striking 

15 ‘‘annual budgets for the Joint Military Intel16 ligence Program and for Tactical Intelligence 

17 and Related Activities’’ and inserting ‘‘annual 

18 budget for the Military Intelligence Program or 

19 any successor program or programs’’; 

20 (B) in subsection (d)— 

21 (i) in paragraph (1)(B), by striking 

22 ‘‘Joint Military Intelligence Program’’ and 

23 inserting ‘‘Military Intelligence Program or 

24 any successor program or programs’’; 


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1 (ii) in paragraph (3) in the matter 

2 preceding subparagraph (A), by striking 

3 ‘‘subparagraph (A)’’ and inserting ‘‘para4 graph (1)(A)’’; and 

5 (iii) in paragraph (5)— 

6 (I) in subparagraph (A), by strik7 ing ‘‘or personnel’’ in the matter pre8 ceding clause (i); and 

9 (II) in subparagraph (B), by 

10 striking ‘‘or agency involved’’ in the 

11 second sentence and inserting ‘‘in12 volved or the Director of the Central 

13 Intelligence Agency (in the case of the 

14 Central Intelligence Agency)’’; 

15 (C) in subsection (l)(2)(B), by striking 

16 ‘‘section’’ and inserting ‘‘paragraph’’; and 

17 (D) in subsection (n), by inserting ‘‘AND

18 OTHER’’ after ‘‘ACQUISITION’’; 

19 (3) in section 103(b), by striking ‘‘, the Na20 tional Security Act of 1947 (50 U.S.C. 401 et 

21 seq.),’’; 

22 (4) in section 104A(g)(1) in the matter pre23 ceding subparagraph (A), by striking ‘‘Directorate of 

24 Operations’’ and inserting ‘‘National Clandestine 

25 Service’’; 


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1 (5) in section 119(c)(2)(B) (50 U.S.C. 

2 404o(c)(2)(B)), by striking ‘‘subsection (h)’’ and in3 serting ‘‘subsection (i)’’; 

4 (6) in section 701(b)(1), by striking ‘‘Direc5 torate of Operations’’ and inserting ‘‘National Clan6 destine Service’’; 

7 (7) in section 705(e)(2)(D)(i) (50 U.S.C. 

8 432c(e)(2)(D)(i)), by striking ‘‘responsible’’ and in9 serting ‘‘responsive’’; and 

10 (8) in section 1003(h)(2) in the matter pre11 ceding subparagraph (A), by striking ‘‘subsection 

12 (i)(2)(B)’’ and inserting ‘‘subsection (g)(2)(B)’’. 

13 SEC. 705. TECHNICAL AMENDMENTS RELATING TO THE 

14 MULTIYEAR NATIONAL INTELLIGENCE PRO15 GRAM. 

16 (a) IN GENERAL.—Subsection (a) of section 1403 of 

17 the National Defense Authorization Act for Fiscal Year 

18 1991 (50 U.S.C. 404b) is amended— 

19 (1) in the heading, by striking ‘‘FOREIGN’’; and 

20 (2) by striking ‘‘foreign’’ each place it appears. 

21 (b) RESPONSIBILITY OF DIRECTOR OF NATIONAL IN22 TELLIGENCE.—Such section 1403, as amended by sub23 section (a), is further amended— 


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1 (1) in subsections (a) and (c), by striking ‘‘Di2 rector of Central Intelligence’’ and inserting ‘‘Direc3 tor of National Intelligence’’; and 

4 (2) in subsection (b), by inserting ‘‘of National 

5 Intelligence’’ after ‘‘Director’’. 

6 (c) CONFORMING AMENDMENTS.— 

7 (1) IN GENERAL.—The heading of such section 

8 1403 is amended to read as follows: 

9 ‘‘SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PRO10 GRAM.’’. 

11 (2) TABLE OF CONTENTS AMENDMENT.—The 

12 table of contents in section 2 of the National De13 fense Authorization Act for Fiscal Year 1991 (Pub14 lic Law 101–510; 104 Stat. 1485) is amended by 

15 striking the item relating to section 1403 and insert16 ing the following: 

‘‘Sec. 1403. Multiyear National Intelligence Program.’’. 

17 SEC. 706. TECHNICAL AMENDMENTS TO THE INTEL18 LIGENCE REFORM AND TERRORISM PREVEN19 TION ACT OF 2004. 

20 (a) AMENDMENTS TO THE NATIONAL SECURITY IN21 TELLIGENCE REFORM ACT OF 2004.—The National Secu22 rity Intelligence Reform Act of 2004 (title I of Public Law 

23 108–458; 118 Stat. 3643) is amended— 

24 (1) in subparagraph (B) of section 1016(e)(10) 

25 (6 U.S.C. 485(e)(10)), by striking ‘‘Attorney GenVerDate Nov 24 2008 00:17 Jul 23, 2009 Jkt 079200 PO 00000 Frm 00258 Fmt 6652 Sfmt 6201 E:\BILLS\S1494.PCS S1494

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1 eral’’ the second place it appears and inserting ‘‘De2 partment of Justice’’; 

3 (2) in subsection (e) of section 1071, by strik4 ing ‘‘(1)’’; and 

5 (3) in subsection (b) of section 1072, in the 

6 subsection heading by inserting ‘‘AGENCY’’ after 

7 ‘‘INTELLIGENCE’’. 

8 (b) OTHER AMENDMENTS TO THE INTELLIGENCE

9 REFORM AND TERRORISM PREVENTION ACT OF 2004.— 

10 The Intelligence Reform and Terrorism Prevention Act of 

11 2004 (Public Law 108–458; 118 Stat. 3638) is amend12 ed— 

13 (1) in section 2001 (28 U.S.C. 532 note)— 

14 (A) in paragraph (1) of subsection (c)— 

15 (i) by striking ‘‘shall,’’ and inserting 

16 ‘‘shall’’; and 

17 (ii) by inserting ‘‘of’’ before ‘‘an insti18 tutional culture’’; 

19 (B) in paragraph (2) of subsection (e), by 

20 striking ‘‘the National Intelligence Director in a 

21 manner consistent with section 112(e)’’ and in22 serting ‘‘the Director of National Intelligence in 

23 a manner consistent with applicable law’’; and 


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1 (C) in subsection (f), by striking ‘‘shall,’’ 

2 in the matter preceding paragraph (1) and in3 serting ‘‘shall’’; and 

4 (2) in section 2006 (28 U.S.C. 509 note)— 

5 (A) in paragraph (2), by striking ‘‘the 

6 Federal’’ and inserting ‘‘Federal’’; and 

7 (B) in paragraph (3), by striking ‘‘the spe8 cific’’ and inserting ‘‘specific’’. 

9 SEC. 707. TECHNICAL AMENDMENTS TO THE EXECUTIVE 

10 SCHEDULE. 

11 (a) EXECUTIVE SCHEDULE LEVEL II.—Section 5313 

12 of title 5, United States Code, is amended by striking the 

13 item relating to the Director of Central Intelligence and 

14 inserting the following new item: 

15 ‘‘Director of the Central Intelligence Agency.’’. 

16 (b) EXECUTIVE SCHEDULE LEVEL III.—Section 

17 5314 of title 5, United States Code, is amended by strik18 ing the item relating to the Deputy Directors of Central 

19 Intelligence and inserting the following new item: 

20 ‘‘Deputy Director of the Central Intelligence Agen21 cy.’’. 

22 (c) EXECUTIVE SCHEDULE LEVEL IV.—Section 

23 5315 of title 5, United States Code, is amended by strik24 ing the item relating to the General Counsel of the Office 


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1 of the National Intelligence Director and inserting the fol2 lowing new item: 

3 ‘‘General Counsel of the Office of the Director of Na4 tional Intelligence.’’. 

5 SEC. 708. TECHNICAL AMENDMENTS TO SECTION 105 OF 

6 THE INTELLIGENCE AUTHORIZATION ACT 

7 FOR FISCAL YEAR 2004. 

8 Section 105(b) of the Intelligence Authorization Act 

9 for Fiscal Year 2004 (Public Law 108–177; 117 Stat. 

10 2603; 31 U.S.C. 311 note) is amended— 

11 (1) by striking ‘‘Director of Central Intel12 ligence’’ and inserting ‘‘Director of National Intel13 ligence’’; and 

14 (2) by inserting ‘‘or in section 313 of such 

15 title,’’ after ‘‘subsection (a)),’’. 

16 SEC. 709. TECHNICAL AMENDMENTS TO SECTION 602 OF 

17 THE INTELLIGENCE AUTHORIZATION ACT 

18 FOR FISCAL YEAR 1995. 

19 Section 602 of the Intelligence Authorization Act for 

20 Fiscal Year 1995 (50 U.S.C. 403-2b) is amended— 

21 (1) in subsection (a), in paragraph (2), by 

22 striking ‘‘Director of Central Intelligence’’ and in23 serting ‘‘Director of National Intelligence’’; and 

24 (2) in subsection (b)— 


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1 (A) in paragraph (1), by striking ‘‘Director 

2 of Central Intelligence’’ and inserting ‘‘Director 

3 of National Intelligence’’; 

4 (B) in paragraph (2)— 

5 (i) in subparagraph (A), by striking 

6 ‘‘Director of Central Intelligence’’ and in7 serting ‘‘Director of National Intelligence’’; 

8 and 

9 (ii) in subparagraph (B), by striking 

10 ‘‘Director of Central Intelligence’’ and in11 serting ‘‘Director of National Intelligence’’; 

12 and 

13 (C) in paragraph (3), by striking ‘‘Director 

14 of Central Intelligence’’ and inserting ‘‘Director 

15 of the Central Intelligence Agency’’. 

16 SEC. 710. TECHNICAL AMENDMENTS TO SECTION 403 OF 

17 THE INTELLIGENCE AUTHORIZATION ACT, 

18 FISCAL YEAR 1992. 

19 (a) ROLE OF THE DIRECTOR OF NATIONAL INTEL20 LIGENCE.—Section 403 of the Intelligence Authorization 

21 Act, Fiscal Year 1992 (50 U.S.C. 403-2) is amended by 

22 striking ‘‘The Director of Central Intelligence’’ and insert23 ing the following: 

24 ‘‘(a) IN GENERAL.—The Director of National Intel25 ligence’’. 


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1 (b) DEFINITION OF INTELLIGENCE COMMUNITY.— 

2 Section 403 of the Intelligence Authorization Act, Fiscal 

3 Year 1992, as amended by subsection (a), is further 

4 amended— 

5 (1) by striking ‘‘Intelligence Community’’ and 

6 insert ‘‘intelligence community’’; and 

7 (2) by striking the second sentence and insert8 ing the following: 

9 ‘‘(b) INTELLIGENCE COMMUNITY DEFINED.—In this 

10 section, the term ‘intelligence community’ has the meaning 

11 given that term in section 3(4) of the National Security 

12 Act of 1947 (50 U.S.C. 401a(4)).’’. 


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Calendar No. 120 

111TH CONGRESS 

1ST SESSION S. 1494 

[Report No. 111–55] 

A BILL 

To authorize appropriations for fiscal year 2010 for 

tem, and for other purposes. ligence Agency Retirement and Disability SysManagement Account, and the Central Intelthe United States Government, the Community intelligence and intelligence-related activities of 

JULY 22, 2009 

Read twice and placed on the calendar 


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