II 

Calendar No. 467 

111TH CONGRESS 

2D SESSION S. 3611 

[Report No. 111–223] 

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 19, 2010 

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. 

Sec. 106. Continuation of prior authorization of funds for certain 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 nonreimbursable details to elements of the intelligence community. 

Sec. 303. Pay authority for critical positions. 

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. 

Sec. 307. Conflict of interest regulations for intelligence community employees. 

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 training program. 

Sec. 314. Pilot program for intensive language instruction in African languages. 

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. Critical cost growth in major systems. 

Sec. 325. Future budget projections. 

Sec. 326. National Intelligence Program funded acquisitions. 

Subtitle D—Congressional Oversight, Plans, and Reports 


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Sec. 331. Notification procedures. 

Sec. 332. Certification of compliance with oversight requirements. 

Sec. 333. Report on detention and interrogation activities. 

Sec. 334. Assessments on Guantanamo Bay detainees. 

Sec. 335. Summary of intelligence relating to terrorist recidivism of detainees 

held at United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 336. Report and strategic plan on biological weapons. 

Sec. 337. Cybersecurity oversight. 

Sec. 338. Report on foreign language proficiency in the intelligence community. 

Sec. 339. Report on plans to increase diversity within the intelligence community. 

Sec. 340. Report on intelligence community contractors. 

Sec. 341. Study on electronic waste destruction practices of the intelligence 

community. 

Sec. 342. Review of records relating to potential health risks among Desert 

Storm veterans. 

Sec. 343. Review of Federal Bureau of Investigation exercise of enforcement jurisdiction in foreign nations. 

Sec. 344. Public release of information on procedures used in narcotics 

airbridge denial program in Peru. 

Sec. 345. Report on threat from dirty bombs. 

Sec. 346. Report on creation of space intelligence office. 

Sec. 347. Report on attempt to detonate explosive device on Northwest Airlines 

flight 253. 

Sec. 348. Repeal or modification of certain reporting requirements. 

Sec. 349. Incorporation of reporting requirements. 

Sec. 350. Conforming amendments for report submission dates. 

Subtitle E—Other Matters 

Sec. 361. Extension of authority to delete information about receipt and disposition of foreign gifts and decorations. 

Sec. 362. Modification of availability of funds for different intelligence activities. 

Sec. 363. Protection of certain national security information. 

Sec. 364. National Intelligence Program budget. 

Sec. 365. Improving the review authority of the Public Interest Declassification 

Board. 

Sec. 366. Authority to designate undercover operations to collect foreign intelligence or counterintelligence. 

Sec. 367. Security clearances: reports; reciprocity. 

Sec. 368. Correcting long-standing material weaknesses. 

Sec. 369. Intelligence community financial improvement and audit readiness. 

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

Sec. 404. Title and appointment of Chief Information Officer of the Intelligence 

Community. 

Sec. 405. Inspector General of the Intelligence Community. 

Sec. 406. Chief Financial Officer of the Intelligence Community. 


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Sec. 407. Leadership and location of certain offices and officials. 

Sec. 408. Protection of certain files of the Office of the Director of National 

Intelligence. 

Sec. 409. Counterintelligence initiatives for the intelligence community. 

Sec. 410. Inapplicability of Federal Advisory Committee Act to advisory committees of the Office of the Director of National Intelligence. 

Sec. 411. Membership of the Director of National Intelligence on the Transportation Security Oversight Board. 

Sec. 412. Repeal of certain authorities relating to the Office of the National 

Counterintelligence Executive. 

Sec. 413. Misuse of the Office of the Director of National Intelligence name, 

initials, or seal. 

Sec. 414. Plan to implement recommendations of the data center energy efficiency reports. 

Sec. 415. Director of National Intelligence support for reviews of International 

Traffic in Arms Regulations and Export Administration Regulations. 

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

Sec. 433. Director of Compliance of the National Security Agency. 

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. Extension of 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. 


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TITLE VI—FOREIGN INTELLIGENCE AND INFORMATION 

COMMISSION ACT 

Sec. 601. Short title. 

Sec. 602. Definitions. 

Sec. 603. Establishment and functions of the Commission. 

Sec. 604. Members and staff of the Commission. 

Sec. 605. Powers and duties of the Commission. 

Sec. 606. Report of the Commission. 

Sec. 607. Termination. 

Sec. 608. Nonapplicability of Federal Advisory Committee Act. 

Sec. 609. Authorization of appropriations. 

TITLE VII—OTHER MATTERS 

Sec. 701. Extension of National Commission for the Review of the Research 

and Development Programs of the United States Intelligence 

Community. 

Sec. 702. Classification review of executive branch materials in the possession 

of the congressional intelligence committees. 

TITLE VIII—TECHNICAL AMENDMENTS 

Sec. 801. Technical amendments to the Foreign Intelligence Surveillance Act of 

1978. 

Sec. 802. Technical amendments to the Central Intelligence Agency Act of 

1949. 

Sec. 803. Technical amendments to title 10, United States Code. 

Sec. 804. Technical amendments to the National Security Act of 1947. 

Sec. 805. Technical amendments relating to the multiyear National Intelligence 

Program. 

Sec. 806. Technical amendments to the Intelligence Reform and Terrorism Prevention Act of 2004. 

Sec. 807. Technical amendments to the Executive Schedule. 

Sec. 808. Technical amendments to section 105 of the Intelligence Authorization Act for Fiscal Year 2004. 

Sec. 809. Technical amendments to section 602 of the Intelligence Authorization Act for Fiscal Year 1995. 

Sec. 810. 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 


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1 (B) the Permanent Select Committee on 

2 Intelligence of the House of Representatives. 

3 (2) INTELLIGENCE COMMUNITY.—The term 

4 ‘‘intelligence community’’ has the meaning given 

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

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

7 TITLE I—BUDGET AND 

8 PERSONNEL AUTHORIZATIONS 

9 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

10 Funds are hereby authorized to be appropriated for 

11 fiscal year 2010 for the conduct of the intelligence and 

12 intelligence-related activities of the following elements of 

13 the United States Government: 

14 (1) The Office of the Director of National Intel15 ligence. 

16 (2) The Central Intelligence Agency. 

17 (3) The Department of Defense. 

18 (4) The Defense Intelligence Agency. 

19 (5) The National Security Agency. 

20 (6) The Department of the Army, the Depart21 ment of the Navy, and the Department of the Air 

22 Force. 

23 (7) The Coast Guard. 

24 (8) The Department of State. 

25 (9) The Department of the Treasury. 


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1 (10) The Department of Energy. 

2 (11) The Department of Justice. 

3 (12) The Federal Bureau of Investigation. 

4 (13) The Drug Enforcement Administration. 

5 (14) The National Reconnaissance Office. 

6 (15) The National Geospatial-Intelligence Agen7 cy. 

8 (16) The Department of Homeland Security. 

9 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

10 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

11 LEVELS.—The amounts authorized to be appropriated 

12 under section 101 and, subject to section 103, the author13 ized personnel levels (expressed as full-time equivalent po14 sitions) as of September 30, 2010, for the conduct of the 

15 intelligence activities of the elements listed in paragraphs 

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

17 classified Schedule of Authorizations prepared to accom18 pany the bill S. 3611 of the One Hundred Eleventh Con19 gress. 

20 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU21 THORIZATIONS.—The classified Schedule of Authoriza22 tions referred to in subsection (a) shall be made available 

23 to the Committee on Appropriations of the Senate, the 

24 Committee on Appropriations of the House of Representa25 tives, and to the President. The President shall provide 


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1 for suitable distribution of the Schedule, or of appropriate 

2 portions of the Schedule, within the executive branch. 

3 SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 

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

5 National Intelligence may authorize the employment of ci6 vilian personnel in excess of the number of full-time equiv7 alent positions for fiscal year 2010 authorized by the clas8 sified Schedule of Authorizations referred to in section 

9 102(a) if the Director of National Intelligence determines 

10 that such action is necessary for the performance of im11 portant intelligence functions, except that the number of 

12 personnel employed in excess of the number authorized 

13 under such section may not, for any element of the intel14 ligence community, exceed 3 percent of the number of ci15 vilian personnel authorized under such section for such 

16 element. 

17 (b) AUTHORITY FOR CONVERSION OF ACTIVITIES

18 PERFORMED BY CONTRACT PERSONNEL.— 

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

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

21 head of an element of the intelligence community 

22 makes a determination that activities currently being 

23 performed by contract personnel should be per24 formed by employees of such element, the Director 

25 of National Intelligence, in order to reduce a comVerDate Mar 15 2010 21:50 Jul 19, 2010 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3611.PCS S3611

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1 parable number of contract personnel, may authorize 

2 for that purpose employment of additional full-time 

3 equivalent personnel in such element equal to the 

4 number of full-time equivalent contract personnel 

5 performing such activities. 

6 (2) CONCURRENCE AND APPROVAL.—The au7 thority described in paragraph (1) may not be exer8 cised unless the Director of National Intelligence 

9 concurs with the determination described in such 

10 paragraph. 

11 (c) TREATMENT OF CERTAIN PERSONNEL.—The Di12 rector of National Intelligence shall establish guidelines 

13 that govern, for each element of the intelligence commu14 nity, the treatment under the personnel levels authorized 

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

16 personnel levels, of employment or assignment— 

17 (1) in a student program, trainee program, or 

18 similar program; 

19 (2) in a reserve corps or as a reemployed annu20 itant; or 

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

22 training. 

23 (d) NOTICE TO CONGRESSIONAL INTELLIGENCE

24 COMMITTEES.—The Director of National Intelligence 

25 shall notify the congressional intelligence committees in 


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

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

3 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC4 COUNT. 

5 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated for the Intelligence Commu7 nity Management Account of the Director of National In8 telligence for fiscal year 2010 the sum of $710,612,000. 

9 Within such amount, funds identified in the classified 

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

11 for advanced research and development shall remain avail12 able until September 30, 2011. 

13 (b) AUTHORIZED PERSONNEL LEVELS.—The ele14 ments within the Intelligence Community Management 

15 Account of the Director of National Intelligence are au16 thorized 822 full-time equivalent personnel as of Sep17 tember 30, 2010. Personnel serving in such elements may 

18 be permanent employees of the Office of the Director of 

19 National Intelligence or personnel detailed from other ele20 ments of the United States Government. 

21 (c) CONSTRUCTION OF AUTHORITIES.—The authori22 ties available to the Director of National Intelligence 

23 under section 103 are also available to the Director for 

24 the adjustment of personnel levels within the Intelligence 

25 Community Management Account. 


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1 (d) CLASSIFIED AUTHORIZATIONS.— 

2 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

3 addition to amounts authorized to be appropriated 

4 for the Intelligence Community Management Ac5 count by subsection (a), there are authorized to be 

6 appropriated for the Community Management Ac7 count for fiscal year 2010 such additional amounts 

8 as are specified in the classified Schedule of Author9 izations referred to in section 102(a). Such addi10 tional amounts made available for advanced research 

11 and development shall remain available until Sep12 tember 30, 2011. 

13 (2) AUTHORIZATION OF PERSONNEL.—In addi14 tion to the personnel authorized by subsection (b) 

15 for elements of the Intelligence Community Manage16 ment Account as of September 30, 2010, there are 

17 authorized such full-time equivalent personnel for 

18 the Community Management Account as of that 

19 date as are specified in the classified Schedule of 

20 Authorizations referred to in section 102(a). 

21 SEC. 105. RESTRICTION ON CONDUCT OF INTELLIGENCE 

22 ACTIVITIES. 

23 The authorization of appropriations by this Act shall 

24 not be deemed to constitute authority for the conduct of 


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1 any intelligence activity that is not otherwise authorized 

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

3 SEC. 106. CONTINUATION OF PRIOR AUTHORIZATION OF 

4 FUNDS FOR CERTAIN INTELLIGENCE ACTIVI5 TIES. 

6 Section 8079 of the Department of Defense Appro7 priations Act, 2010 (Public Law 111–118; 123 Stat. 

8 3446) is amended by striking ‘‘fiscal year 2010 until’’ and 

9 all that follows and inserting ‘‘fiscal year 2010.’’. 

10 TITLE II—CENTRAL INTEL11 LIGENCE AGENCY RETIRE12 MENT AND DISABILITY SYS13 TEM 

14 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

15 There is authorized to be appropriated for the Cen16 tral Intelligence Agency Retirement and Disability Fund 

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

18 SEC. 202. TECHNICAL MODIFICATION TO MANDATORY RE19 TIREMENT PROVISION OF THE CENTRAL IN20 TELLIGENCE AGENCY RETIREMENT ACT. 

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

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

23 2055(b)(1)) is amended by striking ‘‘receiving compensa24 tion under the Senior Intelligence Service pay schedule at 


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

2 Service rank’’. 

3 TITLE III—GENERAL INTEL4 LIGENCE COMMUNITY MAT5 TERS 

6 Subtitle A—Personnel Matters 

7 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND 

8 BENEFITS AUTHORIZED BY LAW. 

9 Appropriations authorized by this Act for salary, pay, 

10 retirement, and other benefits for Federal employees may 

11 be increased by such additional or supplemental amounts 

12 as may be necessary for increases in such compensation 

13 or benefits authorized by law. 

14 SEC. 302. ENHANCED FLEXIBILITY IN NONREIMBURSABLE 

15 DETAILS TO ELEMENTS OF THE INTEL16 LIGENCE COMMUNITY. 

17 (a) IN GENERAL.—Title I of the National Security 

18 Act of 1947 (50 U.S.C. 402 et seq.) is amended by insert19 ing after section 113 the following new section: 

20 ‘‘DETAIL OF OTHER PERSONNEL

21 ‘‘SEC. 113A. Except as provided in section 904(g)(2) 

22 of the Counterintelligence Enhancement Act of 2002 (50 

23 U.S.C. 402c(g)(2)) and section 113 of this Act, and not24 withstanding any other provision of law, an officer or em25 ployee of the United States or member of the Armed 

26 Forces may be detailed to the staff of an element of the 


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1 intelligence community funded through the National Intel2 ligence Program from another element of the intelligence 

3 community or from another element of the United States 

4 Government on a reimbursable or nonreimbursable basis, 

5 as jointly agreed to by the head of the receiving element 

6 and the head of the detailing element, for a period not 

7 to exceed 2 years.’’. 

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

9 of contents in the first section of such Act is amended 

10 by inserting after the item relating to section 113 the fol11 lowing new item: 

‘‘Sec. 113A. Detail of other personnel.’’. 

12 SEC. 303. PAY AUTHORITY FOR CRITICAL POSITIONS. 

13 Section 102A of the National Security Act of 1947 

14 (50 U.S.C. 403–1) is amended by adding at the end the 

15 following new subsection: 

16 ‘‘(s) PAY AUTHORITY FOR CRITICAL POSITIONS.— 

17 (1) Notwithstanding any pay limitation established under 

18 any other provision of law applicable to employees in ele19 ments of the intelligence community, the Director of Na20 tional Intelligence may, in coordination with the Director 

21 of the Office of Personnel Management and the Director 

22 of the Office of Management and Budget, grant authority 

23 to the head of a department or agency to fix the rate of 

24 basic pay for one or more positions within the intelligence 

25 community at a rate in excess of any applicable limitation, 


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1 subject to the provisions of this subsection. The exercise 

2 of authority so granted is at the discretion of the head 

3 of the department or agency employing the individual in 

4 a position covered by such authority, subject to the provi5 sions of this subsection and any conditions established by 

6 the Director of National Intelligence when granting such 

7 authority. 

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

9 or exercised only— 

10 ‘‘(A) with respect to a position that requires an 

11 extremely high level of expertise and is critical to 

12 successful accomplishment of an important mission; 

13 and 

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

15 an individual exceptionally well qualified for the po16 sition. 

17 ‘‘(3) The head of a department or agency may not 

18 fix a rate of basic pay under this subsection at a rate 

19 greater than the rate payable for level II of the Executive 

20 Schedule under section 5313 of title 5, United States 

21 Code, except upon written approval of the Director of Na22 tional Intelligence or as otherwise authorized by law. 

23 ‘‘(4) The head of a department or agency may not 

24 fix a rate of basic pay under this subsection at a rate 

25 greater than the rate payable for level I of the Executive 


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1 Schedule under section 5312 of title 5, United States 

2 Code, except upon written approval of the President in re3 sponse to a request by the Director of National Intel4 ligence or as otherwise authorized by law. 

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

6 a position shall terminate at the discretion of the Director 

7 of National Intelligence. 

8 ‘‘(6)(A) The Director of National Intelligence shall 

9 notify the congressional intelligence committees not later 

10 than 30 days after the date on which the Director grants 

11 authority to the head of a department or agency under 

12 this subsection. 

13 ‘‘(B) The head of a department or agency to which 

14 the Director of National Intelligence grants authority 

15 under this subsection shall notify the congressional intel16 ligence committees and the Director of the exercise of such 

17 authority not later than 30 days after the date on which 

18 such head exercises such authority.’’. 

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

20 NATIONAL INTELLIGENCE SERVICE. 

21 Section 102A of the National Security Act of 1947 

22 (50 U.S.C. 403–1), as amended by section 303 of this Act, 

23 is further amended by adding at the end the following new 

24 subsection: 


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

2 NATIONAL INTELLIGENCE SERVICE.—(1) The President, 

3 based on the recommendation of the Director of National 

4 Intelligence, may award a rank to a member of the Senior 

5 National Intelligence Service or other intelligence commu6 nity senior civilian officer not already covered by such a 

7 rank award program in the same manner in which a career 

8 appointee of an agency may be awarded a rank under sec9 tion 4507 of title 5, United States Code. 

10 ‘‘(2) The President may establish procedures to 

11 award a rank under paragraph (1) to a member of the 

12 Senior National Intelligence Service or a senior civilian of13 ficer of the intelligence community whose identity as such 

14 a member or officer is classified information (as defined 

15 in section 606(1)).’’. 

16 SEC. 305. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR 

17 THE INTELLIGENCE COMMUNITY. 

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

19 Act of 1947 (50 U.S.C. 413 et seq.) is amended by insert20 ing after section 506A the following new section: 

21 ‘‘ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE

22 INTELLIGENCE COMMUNITY

23 ‘‘SEC. 506B. (a) REQUIREMENT TO PROVIDE.—The 

24 Director of National Intelligence shall, in consultation 

25 with the head of each element of the intelligence commu26 nity, prepare an annual personnel level assessment for 


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1 such element that assesses the personnel levels for such 

2 element for the fiscal year following the fiscal year in 

3 which the assessment is submitted. 

4 ‘‘(b) SCHEDULE.—Each assessment required by sub5 section (a) shall be submitted to the congressional intel6 ligence committees each year at the time that the Presi7 dent submits to Congress the budget for a fiscal year pur8 suant to section 1105 of title 31, United States Code. 

9 ‘‘(c) CONTENTS.—Each assessment required by sub10 section (a) submitted during a fiscal year shall contain the 

11 following information for the element of the intelligence 

12 community concerned: 

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

14 for the upcoming fiscal year. 

15 ‘‘(2) The dollar and percentage increase or de16 crease of such costs as compared to the personnel 

17 costs of the current fiscal year. 

18 ‘‘(3) The dollar and percentage increase or de19 crease of such costs as compared to the personnel 

20 costs during the prior 5 fiscal years. 

21 ‘‘(4) The number of full-time equivalent posi22 tions that is the basis for which personnel funds are 

23 requested for the upcoming fiscal year. 

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

25 decrease of the number referred to in paragraph (4) 


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1 as compared to the number of full-time equivalent 

2 positions of the current fiscal year. 

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

4 decrease of the number referred to in paragraph (4) 

5 as compared to the number of full-time equivalent 

6 positions during the prior 5 fiscal years. 

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

8 of core contract personnel to be funded by the ele9 ment for the upcoming fiscal year. 

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

11 decrease of such costs of core contract personnel as 

12 compared to the best estimate of the costs of core 

13 contract personnel of the current fiscal year. 

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

15 decrease of such number and such costs of core con16 tract personnel as compared to the number and cost 

17 of core contract personnel during the prior 5 fiscal 

18 years. 

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

21 ‘‘(11) The best estimate of the number of intel22 ligence collectors and analysts employed or con23 tracted by each element of the intelligence commu24 nity. 


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1 ‘‘(12) A statement by the Director of National 

2 Intelligence that, based on current and projected 

3 funding, the element concerned will have sufficient— 

4 ‘‘(A) internal infrastructure to support the 

5 requested personnel and core contract personnel 

6 levels; 

7 ‘‘(B) training resources to support the re8 quested personnel levels; and 

9 ‘‘(C) funding to support the administrative 

10 and operational activities of the requested per11 sonnel levels.’’. 

12 (b) APPLICABILITY DATE.—The first assessment re13 quired to be submitted under section 506B(b) of the Na14 tional Security Act of 1947, as added by subsection (a), 

15 shall be submitted to the congressional intelligence com16 mittees at the time that the President submits to Congress 

17 the budget for fiscal year 2012 pursuant to section 1105 

18 of title 31, United States Code. 

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

20 of contents in the first section such Act, as amended by 

21 section 302 of this Act, is further amended by inserting 

22 after the item relating to section 506A the following new 

23 item: 

‘‘Sec. 506B. Annual personnel level assessments for the intelligence community.’’. 


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1 SEC. 306. TEMPORARY PERSONNEL AUTHORIZATIONS FOR 

2 CRITICAL LANGUAGE TRAINING. 

3 Section 102A(e) of the National Security Act of 1947 

4 (50 U.S.C. 403–1(e)) is amended by— 

5 (1) redesignating paragraph (3) as paragraph 

6 (4); and 

7 (2) inserting after paragraph (2) the following 

8 new paragraph: 

9 ‘‘(3)(A) In addition to the number of full-time equiva10 lent positions authorized for the Office of the Director of 

11 National Intelligence for a fiscal year, there is authorized 

12 for such Office for each fiscal year an additional 100 full13 time equivalent positions that may be used only for the 

14 purposes described in subparagraph (B). 

15 ‘‘(B) Except as provided in subparagraph (C), the Di16 rector of National Intelligence may use a full-time equiva17 lent position authorized under subparagraph (A) only for 

18 the purpose of providing a temporary transfer of personnel 

19 made in accordance with paragraph (2) to an element of 

20 the intelligence community to enable such element to in21 crease the total number of personnel authorized for such 

22 element, on a temporary basis— 

23 ‘‘(i) during a period in which a permanent em24 ployee of such element is absent to participate in 

25 critical language training; or 


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1 ‘‘(ii) to accept a permanent employee of another 

2 element of the intelligence community to provide lan3 guage-capable services. 

4 ‘‘(C) Paragraph (2)(B) shall not apply with respect 

5 to a transfer of personnel made under subparagraph (B). 

6 ‘‘(D) The Director of National Intelligence shall sub7 mit to the congressional intelligence committees an annual 

8 report on the use of authorities under this paragraph. 

9 Each such report shall include a description of— 

10 ‘‘(i) the number of transfers of personnel made 

11 by the Director pursuant to subparagraph (B), 

12 disaggregated by each element of the intelligence 

13 community; 

14 ‘‘(ii) the critical language needs that were ful15 filled or partially fulfilled through the use of such 

16 transfers; and 

17 ‘‘(iii) the cost to carry out subparagraph (B).’’. 

18 SEC. 307. CONFLICT OF INTEREST REGULATIONS FOR IN19 TELLIGENCE COMMUNITY EMPLOYEES. 

20 Section 102A of the National Security Act of 1947 

21 (50 U.S.C. 403–1), as amended by section 304 of this Act, 

22 is further amended by adding at the end the following new 

23 subsection: 

24 ‘‘(u) CONFLICT OF INTEREST REGULATIONS.—(1) 

25 The Director of National Intelligence, in consultation with 


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1 the Director of the Office of Government Ethics, shall 

2 issue regulations prohibiting an officer or employee of an 

3 element of the intelligence community from engaging in 

4 outside employment if such employment creates a conflict 

5 of interest or appearance thereof. 

6 ‘‘(2) The Director of National Intelligence shall annu7 ally submit to the congressional intelligence committees a 

8 report describing all outside employment for officers and 

9 employees of elements of the intelligence community that 

10 was authorized by the head of an element of the intel11 ligence community during the preceding calendar year. 

12 Such report shall be submitted each year on the date pro13 vided in section 507.’’. 

14 Subtitle B—Education Programs 

15 SEC. 311. PERMANENT AUTHORIZATION FOR THE PAT ROB16 ERTS INTELLIGENCE SCHOLARS PROGRAM. 

17 (a) PERMANENT AUTHORIZATION.—Subtitle C of 

18 title X of the National Security Act of 1947 (50 U.S.C. 

19 441m et seq.) is amended by adding at the end the fol20 lowing new section: 

21 ‘‘PROGRAM ON RECRUITMENT AND TRAINING

22 ‘‘SEC. 1022. (a) PROGRAM.—(1) The Director of Na23 tional Intelligence shall carry out a program to ensure that 

24 selected students or former students are provided funds 

25 to continue academic training, or are reimbursed for aca26 demic training previously obtained, in areas of specializaVerDate Mar 15 2010 21:50 Jul 19, 2010 Jkt 089200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S3611.PCS S3611

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1 tion that the Director, in consultation with the other heads 

2 of the elements of the intelligence community, identifies 

3 as areas in which the current capabilities of the intel4 ligence community are deficient or in which future capa5 bilities of the intelligence community are likely to be defi6 cient. 

7 ‘‘(2) A student or former student selected for partici8 pation in the program shall commit to employment with 

9 an element of the intelligence community, following com10 pletion of appropriate academic training, under such 

11 terms and conditions as the Director considers appro12 priate. 

13 ‘‘(3) The program shall be known as the Pat Roberts 

14 Intelligence Scholars Program. 

15 ‘‘(b) ELEMENTS.—In carrying out the program under 

16 subsection (a), the Director shall— 

17 ‘‘(1) establish such requirements relating to the 

18 academic training of participants as the Director 

19 considers appropriate to ensure that participants are 

20 prepared for employment as intelligence profes21 sionals; and 

22 ‘‘(2) periodically review the areas of specializa23 tion of the elements of the intelligence community to 

24 determine the areas in which such elements are, or 

25 are likely to be, deficient in capabilities. 


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

2 program under subsection (a) shall be used— 

3 ‘‘(1) to provide a monthly stipend for each 

4 month that a student is pursuing a course of study; 

5 ‘‘(2) to pay the full tuition of a student or 

6 former student for the completion of such course of 

7 study; 

8 ‘‘(3) to pay for books and materials that the 

9 student or former student requires or required to 

10 complete such course of study; 

11 ‘‘(4) to pay the expenses of the student or 

12 former student for travel requested by an element of 

13 the intelligence community in relation to such pro14 gram; or 

15 ‘‘(5) for such other purposes the Director con16 siders reasonably appropriate to carry out such pro17 gram.’’. 

18 (b) CONFORMING AMENDMENTS.— 

19 (1) TABLE OF CONTENTS AMENDMENT.—The 

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

21 amended by section 305 of this Act, is further 

22 amended— 

23 (A) by transferring the item relating to 

24 section 1002 so such item immediately follows 

25 the item relating to section 1001; and 


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1 (B) by inserting after the item relating to 

2 section 1021 the following new item: 

‘‘Sec. 1022. Program on recruitment and training.’’. 

3 (2) REPEAL OF PILOT PROGRAM.— 

4 (A) AUTHORITY.—Section 318 of the In5 telligence Authorization Act for Fiscal Year 

6 2004 (Public Law 108–177; 50 U.S.C. 441g 

7 note) is repealed. 

8 (B) TABLE OF CONTENTS AMENDMENT.— 

9 The table of contents in section 1 of the Intel10 ligence Authorization Act for Fiscal Year 2004 

11 (Public Law 108–177; 117 Stat. 2599) is 

12 amended by striking the item relating to section 

13 318. 

14 SEC. 312. MODIFICATIONS TO THE LOUIS STOKES EDU15 CATIONAL SCHOLARSHIP PROGRAM. 

16 (a) EXPANSION OF THE LOUIS STOKES EDU17 CATIONAL SCHOLARSHIP PROGRAM TO GRADUATE STU18 DENTS.—Section 16 of the National Security Agency Act 

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

20 (1) in subsection (a)— 

21 (A) by inserting ‘‘and graduate’’ after ‘‘un22 dergraduate’’; and 

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

24 inserting ‘‘a baccalaureate or graduate’’; 


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1 (2) in subsection (b), by inserting ‘‘or grad2 uate’’ after ‘‘undergraduate’’; 

3 (3) in subsection (e)(2), by inserting ‘‘and grad4 uate’’ after ‘‘undergraduate’’; and 

5 (4) by adding at the end the following new sub6 section: 

7 ‘‘(h) The undergraduate and graduate training pro8 gram established under this section shall be known as the 

9 Louis Stokes Educational Scholarship Program.’’. 

10 (b) AUTHORITY FOR PARTICIPATION BY INDIVID11 UALS WHO ARE NOT EMPLOYED BY THE UNITED STATES

12 GOVERNMENT.— 

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

14 of the National Security Agency Act of 1959 (50 

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

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

17 and inserting ‘‘civilians who may or may not be em18 ployees’’. 

19 (2) CONFORMING AMENDMENTS.—Section 16 of 

20 the National Security Agency Act of 1959 (50 

21 U.S.C. 402 note), as amended by subsection (a), is 

22 further amended— 

23 (A) in subsection (c), by striking ‘‘employ24 ees’’ and inserting ‘‘program participants’’; and 

25 (B) in subsection (d)— 


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1 (i) in paragraph (1)— 

2 (I) in the matter preceding sub3 paragraph (A), strike ‘‘an employee of 

4 the Agency,’’ and insert ‘‘a program 

5 participant,’’; 

6 (II) in subparagraph (A), by 

7 striking ‘‘employee’’ and inserting 

8 ‘‘program participant’’; 

9 (III) in subparagraph (C)— 

10 (aa) by striking ‘‘employee’’ 

11 each place that term appears and 

12 inserting ‘‘program participant’’; 

13 and 

14 (bb) by striking ‘‘employ15 ee’s’’ each place that term ap16 pears and inserting ‘‘program 

17 participant’s’’; and 

18 (IV) in subparagraph (D)— 

19 (aa) by striking ‘‘employee’’ 

20 each place that term appears and 

21 inserting ‘‘program participant’’; 

22 and 

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1 pears and inserting ‘‘program 

2 participant’s’’; and 

3 (ii) in paragraph (3)(C)— 

4 (I) by striking ‘‘employee’’ both 

5 places that term appears and insert6 ing ‘‘program participant’’; and 

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

8 inserting ‘‘program participant’s’’. 

9 (c) TERMINATION OF PROGRAM PARTICIPANTS.— 

10 Subsection (d)(1)(C) of section 16 of the National Secu11 rity Agency Act of 1959 (50 U.S.C. 402 note), as amended 

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

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

14 ‘‘terminated— 

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

16 the program participant; 

17 ‘‘(ii) by the program participant volun18 tarily; or 

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

20 program participant to maintain such level of 

21 academic standing in the educational course of 

22 training as the Director of the National Secu23 rity Agency shall have specified in the agree24 ment of the program participant under this 

25 subsection; and’’. 


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1 (d) AUTHORITY TO WITHHOLD DISCLOSURE OF AF2 FILIATION WITH NSA.—Subsection (e) of Section 16 of 

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

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

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

6 ‘‘Agency efforts’’. 

7 (e) AUTHORITY OF ELEMENTS OF THE INTEL8 LIGENCE COMMUNITY TO ESTABLISH A STOKES EDU9 CATIONAL SCHOLARSHIP PROGRAM.— 

10 (1) AUTHORITY.—Subtitle C of title X of the 

11 National Security Act of 1947 (50 U.S.C. 441m et 

12 seq.), as amended by section 311 of this Act, is fur13 ther amended by adding at the end the following 

14 new section: 

15 ‘‘EDUCATIONAL SCHOLARSHIP PROGRAM

16 ‘‘SEC. 1023. The head of a department or agency 

17 containing an element of the intelligence community may 

18 establish an undergraduate or graduate training program 

19 with respect to civilian employees and prospective civilian 

20 employees of such element similar in purpose, conditions, 

21 content, and administration to the program that the Sec22 retary of Defense is authorized to establish under section 

23 16 of the National Security Agency Act of 1959 (50 

24 U.S.C. 402 note).’’. 

25 (2) TABLE OF CONTENTS AMENDMENT.—The 

26 table of contents in the first section of the National 


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1 Security Act of 1947, as amended by section 311 of 

2 this Act, is further amended by inserting after the 

3 item relating to section 1022, as added by such sec4 tion 311, the following new item: 

‘‘Sec. 1023. Educational scholarship program.’’. 

5 SEC. 313. INTELLIGENCE OFFICER TRAINING PROGRAM. 

6 (a) PROGRAM.—Subtitle C of title X of the National 

7 Security Act of 1947 (50 U.S.C. 441m et seq.), as amend8 ed by section 312(e) of this Act, is further amended by 

9 adding at the end the following new section: 

10 ‘‘INTELLIGENCE OFFICER TRAINING PROGRAM

11 ‘‘SEC. 1024. (a) PROGRAMS.—(1) The Director of 

12 National Intelligence may carry out grant programs in ac13 cordance with subsection (b) to enhance the recruitment 

14 and retention of an ethnically and culturally diverse intel15 ligence community workforce with capabilities critical to 

16 the national security interests of the United States. 

17 ‘‘(2) In carrying out paragraph (1), the Director shall 

18 identify the skills necessary to meet current or emergent 

19 needs of the intelligence community and the educational 

20 disciplines that will provide individuals with such skills. 

21 ‘‘(b) INSTITUTIONAL GRANT PROGRAM.—(1) The Di22 rector may provide grants to institutions of higher edu23 cation to support the establishment or continued develop24 ment of programs of study in educational disciplines iden25 tified under subsection (a)(2). 


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1 ‘‘(2) A grant provided under paragraph (1) may, with 

2 respect to the educational disciplines identified under sub3 section (a)(2), be used for the following purposes: 

4 ‘‘(A) Curriculum or program development. 

5 ‘‘(B) Faculty development. 

6 ‘‘(C) Laboratory equipment or improvements. 

7 ‘‘(D) Faculty research. 

8 ‘‘(c) APPLICATION.—An institution of higher edu9 cation seeking a grant under this section shall submit an 

10 application describing the proposed use of the grant at 

11 such time and in such manner as the Director may re12 quire. 

13 ‘‘(d) REPORTS.—An institution of higher education 

14 that receives a grant under this section shall submit to 

15 the Director regular reports regarding the use of such 

16 grant, including— 

17 ‘‘(1) a description of the benefits to students 

18 who participate in the course of study funded by 

19 such grant; 

20 ‘‘(2) a description of the results and accom21 plishments related to such course of study; and 

22 ‘‘(3) any other information that the Director 

23 may require. 


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1 ‘‘(e) REGULATIONS.—The Director shall prescribe 

2 such regulations as may be necessary to carry out this 

3 section. 

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

5 ‘‘(1) The term ‘Director’ means the Director of 

6 National Intelligence. 

7 ‘‘(2) The term ‘institution of higher education’ 

8 has the meaning given the term in section 101 of the 

9 Higher Education Act of 1965 (20 U.S.C. 1001).’’. 

10 (b) REPEAL OF DUPLICATIVE PROVISIONS.— 

11 (1) IN GENERAL.—The following provisions of 

12 law are repealed: 

13 (A) Subsections (b) through (g) of section 

14 319 of the Intelligence Authorization Act for 

15 Fiscal Year 2004 (Public Law 108–177; 50 

16 U.S.C. 403 note). 

17 (B) Section 1003 of the National Security 

18 Act of 1947 (50 U.S.C. 441g–2). 

19 (C) Section 922 of the Ronald W. Reagan 

20 National Defense Authorization Act for Fiscal 

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

22 402 note). 

23 (2) EXISTING AGREEMENTS.—Notwithstanding 

24 the repeals made by paragraph (1), nothing in this 

25 subsection shall be construed to amend, modify, or 


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1 abrogate any agreement, contract, or employment 

2 relationship that was in effect in relation to the pro3 visions repealed under paragraph (1) on the day 

4 prior to the date of the enactment of this Act. 

5 (3) TECHNICAL AMENDMENT.—Section 319 of 

6 the Intelligence Authorization Act for Fiscal Year 

7 2004 (Public Law 108–177; 50 U.S.C. 403 note) is 

8 amended by striking ‘‘(a) FINDINGS.—’’. 

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

10 of contents in the first section of the National Security 

11 Act of 1947, as amended by section 312 of this Act, is 

12 further amended by striking the item relating to section 

13 1003 and inserting the following new item: 

‘‘Sec. 1024. Intelligence officer training program.’’. 

14 SEC. 314. PILOT PROGRAM FOR INTENSIVE LANGUAGE IN15 STRUCTION IN AFRICAN LANGUAGES. 

16 (a) ESTABLISHMENT.—The Director of National In17 telligence, in consultation with the National Security Edu18 cation Board established under section 803(a) of the 

19 David L. Boren National Security Education Act of 1991 

20 (50 U.S.C. 1903(a)), may establish a pilot program for 

21 intensive language instruction in African languages. 

22 (b) PROGRAM.—A pilot program established under 

23 subsection (a) shall provide scholarships for programs that 

24 provide intensive language instruction— 


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1 (1) in any of the five highest priority African 

2 languages for which scholarships are not offered 

3 under the David L. Boren National Security Edu4 cation Act of 1991 (50 U.S.C. 1901 et seq.), as de5 termined by the Director of National Intelligence; 

6 and 

7 (2) both in the United States and in a country 

8 in which the language is the native language of a 

9 significant portion of the population, as determined 

10 by the Director of National Intelligence. 

11 (c) TERMINATION.—A pilot program established 

12 under subsection (a) shall terminate on the date that is 

13 five years after the date on which such pilot program is 

14 established. 

15 (d) AUTHORIZATION OF APPROPRIATIONS.— 

16 (1) IN GENERAL.—There is authorized to be 

17 appropriated to carry out this section $2,000,000. 

18 (2) AVAILABILITY.—Funds authorized to be ap19 propriated under paragraph (1) shall remain avail20 able until the termination of the pilot program in ac21 cordance with subsection (c). 


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1 Subtitle C—Acquisition Matters 

2 SEC. 321. VULNERABILITY ASSESSMENTS OF MAJOR SYS3 TEMS. 

4 (a) VULNERABILITY ASSESSMENTS OF MAJOR SYS5 TEMS.— 

6 (1) IN GENERAL.—Title V of the National Se7 curity Act of 1947 (50 U.S.C. 413 et seq.), as 

8 amended by section 305 of this Act, is further 

9 amended by inserting after section 506B, as added 

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

11 ‘‘VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS

12 ‘‘SEC. 506C. (a) INITIAL VULNERABILITY ASSESS13 MENTS.—(1)(A) Except as provided in subparagraph (B), 

14 the Director of National Intelligence shall conduct and 

15 submit to the congressional intelligence committees an ini16 tial vulnerability assessment for each major system and 

17 its significant items of supply— 

18 ‘‘(i) except as provided in clause (ii), prior to 

19 the completion of Milestone B or an equivalent ac20 quisition decision for the major system; or 

21 ‘‘(ii) prior to the date that is 1 year after the 

22 date of the enactment of the Intelligence Authoriza23 tion Act for Fiscal Year 2010 in the case of a major 

24 system for which Milestone B or an equivalent ac25 quisition decision— 


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1 ‘‘(I) was completed prior to such date of 

2 enactment; or 

3 ‘‘(II) is completed on a date during the 

4 180-day period following such date of enact5 ment. 

6 ‘‘(B) The Director may submit to the congressional 

7 intelligence committees an initial vulnerability assessment 

8 required by clause (ii) of subparagraph (A) not later than 

9 180 days after the date such assessment is required to 

10 be submitted under such clause if the Director notifies the 

11 congressional intelligence committees of the extension of 

12 the submission date under this subparagraph and provides 

13 a justification for such extension. 

14 ‘‘(C) The initial vulnerability assessment of a major 

15 system and its significant items of supply shall include use 

16 of an analysis-based approach to— 

17 ‘‘(i) identify vulnerabilities; 

18 ‘‘(ii) define exploitation potential; 

19 ‘‘(iii) examine the system’s potential effective20 ness; 

21 ‘‘(iv) determine overall vulnerability; and 

22 ‘‘(v) make recommendations for risk reduction. 

23 ‘‘(2) If an initial vulnerability assessment for a major 

24 system is not submitted to the congressional intelligence 

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1 priated for the acquisition of the major system may not 

2 be obligated for a major contract related to the major sys3 tem. Such prohibition on the obligation of funds for the 

4 acquisition of the major system shall cease to apply on 

5 the date on which the congressional intelligence commit6 tees receive the initial vulnerability assessment. 

7 ‘‘(b) SUBSEQUENT VULNERABILITY ASSESS8 MENTS.—(1) The Director of National Intelligence shall, 

9 periodically throughout the procurement of a major sys10 tem or if the Director determines that a change in cir11 cumstances warrants the issuance of a subsequent vulner12 ability assessment, conduct a subsequent vulnerability as13 sessment of each major system and its significant items 

14 of supply within the National Intelligence Program. 

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

16 committee, the Director of National Intelligence may, if 

17 appropriate, recertify the previous vulnerability assess18 ment or may conduct a subsequent vulnerability assess19 ment of a particular major system and its significant items 

20 of supply within the National Intelligence Program. 

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

22 major system and its significant items of supply shall in23 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 clauses (i) through (v) of subsection (a)(1)(C). 

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 periodic vulnerability as17 sessments of a major system under subsection (b)(1) when 

18 providing such committees with the initial vulnerability as19 sessment under subsection (a) of such system as required 

20 by paragraph (1). 

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

22 ‘‘(1) The term ‘item of supply’ has the meaning 

23 given that term in section 4(10) of the Office of 

24 Federal Procurement Policy Act (41 U.S.C. 

25 403(10)). 


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1 ‘‘(2) The term ‘major contract’ means each of 

2 the 6 largest prime, associate, or Government-fur3 nished equipment contracts under a major system 

4 that is in excess of $40,000,000 and that is not a 

5 firm, fixed price contract. 

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

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

8 ‘‘(4) The term ‘Milestone B’ means a decision 

9 to enter into major system development and dem10 onstration pursuant to guidance prescribed by the 

11 Director of National Intelligence. 

12 ‘‘(5) The term ‘vulnerability assessment’ means 

13 the process of identifying and quantifying 

14 vulnerabilities in a major system and its significant 

15 items of supply.’’. 

16 (2) TABLE OF CONTENTS AMENDMENT.—The 

17 table of contents in the first section of the National 

18 Security Act of 1947, as amended by section 313 of 

19 this Act, is further amended by inserting after the 

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

21 305(c) of this Act, the following new item: 

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

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

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

24 (50 U.S.C. 415a–1(e)) is amended by striking ‘‘(in current 


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1 fiscal year dollars)’’ and inserting ‘‘(based on fiscal year 

2 2010 constant dollars)’’. 

3 SEC. 322. INTELLIGENCE COMMUNITY BUSINESS SYSTEM 

4 TRANSFORMATION. 

5 (a) INTELLIGENCE COMMUNITY BUSINESS SYSTEM

6 TRANSFORMATION.— 

7 (1) IN GENERAL.—Title V of the National Se8 curity Act of 1947 (50 U.S.C. 413 et seq.), as 

9 amended by section 321 of this Act, is further 

10 amended by inserting after section 506C, as added 

11 by section 321(a), the following new section: 

12 ‘‘INTELLIGENCE COMMUNITY BUSINESS SYSTEM

13 TRANSFORMATION

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

15 FUNDS.—(1) Subject to paragraph (3), no funds appro16 priated to any element of the intelligence community may 

17 be obligated for an intelligence community business sys18 tem transformation that will have a total cost in excess 

19 of $3,000,000 unless— 

20 ‘‘(A) the Director of the Office of Business 

21 Transformation of the Office of the Director of Na22 tional Intelligence makes a certification described in 

23 paragraph (2) with respect to such intelligence com24 munity business system transformation; and 

25 ‘‘(B) such certification is approved by the board 

26 established under subsection (f). 


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

2 an intelligence community business system transformation 

3 is a certification made by the Director of the Office of 

4 Business Transformation of the Office of the Director of 

5 National Intelligence that the intelligence community busi6 ness system transformation— 

7 ‘‘(A) complies with the enterprise architecture 

8 under subsection (b) and such other policies and 

9 standards that the Director of National Intelligence 

10 considers appropriate; or 

11 ‘‘(B) is necessary— 

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

13 capability or address a critical requirement; or 

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

15 on a project that is needed to achieve an essen16 tial capability, taking into consideration any al17 ternative solutions for preventing such adverse 

18 effect. 

19 ‘‘(3) With respect to a fiscal year after fiscal year 

20 2010, the amount referred to in paragraph (1) in the mat21 ter preceding subparagraph (A) shall be equal to the sum 

22 of— 

23 ‘‘(A) the amount in effect under such para24 graph (1) for the preceding fiscal year (determined 

25 after application of this paragraph), plus 


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1 ‘‘(B) such amount multiplied by the annual per2 centage increase in the consumer price index (all 

3 items; U.S. city average) as of September of the pre4 vious fiscal year. 

5 ‘‘(b) ENTERPRISE ARCHITECTURE FOR INTEL6 LIGENCE COMMUNITY BUSINESS SYSTEMS.—(1) The Di7 rector of National Intelligence shall, acting through the 

8 board established under subsection (f), develop and imple9 ment an enterprise architecture to cover all intelligence 

10 community business systems, and the functions and activi11 ties supported by such business systems. The enterprise 

12 architecture shall be sufficiently defined to effectively 

13 guide, constrain, and permit implementation of interoper14 able intelligence community business system solutions, 

15 consistent with applicable policies and procedures estab16 lished by the Director of the Office of Management and 

17 Budget. 

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

19 shall include the following: 

20 ‘‘(A) An information infrastructure that will en21 able the intelligence community to— 

22 ‘‘(i) comply with all Federal accounting, fi23 nancial management, and reporting require24 ments; 


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

2 and reliable financial information for manage3 ment purposes; 

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

5 program information and systems; and 

6 ‘‘(iv) provide for the measurement of per7 formance, including the ability to produce time8 ly, relevant, and reliable cost information. 

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

10 system interface requirements that apply uniformly 

11 throughout the intelligence community. 

12 ‘‘(c) RESPONSIBILITIES FOR INTELLIGENCE COMMU13 NITY BUSINESS SYSTEM TRANSFORMATION.—The Direc14 tor of National Intelligence shall be responsible for the en15 tire life cycle of an intelligence community business system 

16 transformation, including review, approval, and oversight 

17 of the planning, design, acquisition, deployment, oper18 ation, and maintenance of the business system trans19 formation. 

20 ‘‘(d) INTELLIGENCE COMMUNITY BUSINESS SYSTEM

21 INVESTMENT REVIEW.—(1) The Director of the Office of 

22 Business Transformation of the Office of the Director of 

23 National Intelligence shall establish and implement, not 

24 later than September 30, 2010, an investment review 

25 process for the intelligence community business systems 


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1 for which the Director of the Office of Business Trans2 formation is responsible. 

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

4 (1) shall— 

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

6 title 40, United States Code; and 

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

8 the Director of the Office of Business Trans9 formation under such review process. 

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

11 (1) shall include the following elements: 

12 ‘‘(A) Review and approval by an investment re13 view board (consisting of appropriate representatives 

14 of the intelligence community) of each intelligence 

15 community business system as an investment before 

16 the obligation of funds for such system. 

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

18 annually, of every intelligence community business 

19 system investment. 

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

21 appropriate review of intelligence community busi22 ness system investments depending on the scope, 

23 complexity, and cost of the system involved. 


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1 ‘‘(D) Procedures for making certifications in 

2 accordance with the requirements of subsection 

3 (a)(2). 

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

5 after fiscal year 2011, the Director of National Intel6 ligence shall include in the materials the Director submits 

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

8 that is submitted to Congress under section 1105 of title 

9 31, United States Code, the following information: 

10 ‘‘(1) An identification of each intelligence com11 munity business system for which funding is pro12 posed in such budget. 

13 ‘‘(2) An identification of all funds, by appro14 priation, proposed in such budget for each such sys15 tem, including— 

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

17 and maintain such system; 

18 ‘‘(B) funds for business systems mod19 ernization identified for each specific appropria20 tion; and 

21 ‘‘(C) funds for associated business process 

22 improvement or reengineering efforts. 

23 ‘‘(3) The certification, if any, made under sub24 section (a)(2) with respect to each such system. 


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1 ‘‘(f) INTELLIGENCE COMMUNITY BUSINESS SYSTEM

2 TRANSFORMATION GOVERNANCE BOARD.—(1) The Direc3 tor of National Intelligence shall establish a board within 

4 the intelligence community business system trans5 formation governance structure (in this subsection re6 ferred to as the ‘Board’). 

7 ‘‘(2) The Board shall— 

8 ‘‘(A) recommend to the Director policies and 

9 procedures necessary to effectively integrate all busi10 ness activities and any transformation, reform, reor11 ganization, or process improvement initiatives under12 taken within the intelligence community; 

13 ‘‘(B) review and approve any major update of— 

14 ‘‘(i) the enterprise architecture developed 

15 under subsection (b); and 

16 ‘‘(ii) any plans for an intelligence commu17 nity business systems modernization; 

18 ‘‘(C) manage cross-domain integration con19 sistent with such enterprise architecture; 

20 ‘‘(D) coordinate initiatives for intelligence com21 munity business system transformation to maximize 

22 benefits and minimize costs for the intelligence com23 munity, and periodically report to the Director on 

24 the status of efforts to carry out an intelligence com25 munity business system transformation; 


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1 ‘‘(E) ensure that funds are obligated for intel2 ligence community business system transformation 

3 in a manner consistent with subsection (a); and 

4 ‘‘(F) carry out such other duties as the Direc5 tor shall specify. 

6 ‘‘(g) RELATION TO ANNUAL REGISTRATION RE7 QUIREMENTS.—Nothing in this section shall be construed 

8 to alter the requirements of section 8083 of the Depart9 ment of Defense Appropriations Act, 2005 (Public Law 

10 108–287; 118 Stat. 989), with regard to information tech11 nology systems (as defined in subsection (d) of such sec12 tion). 

13 ‘‘(h) RELATIONSHIP TO DEFENSE BUSINESS ENTER14 PRISE ARCHITECTURE.—Nothing in this section shall be 

15 construed to exempt funds authorized to be appropriated 

16 to the Department of Defense from the requirements of 

17 section 2222 of title 10, United States Code, to the extent 

18 that such requirements are otherwise applicable. 

19 ‘‘(i) RELATION TO CLINGER-COHEN ACT.—(1) Exec20 utive agency responsibilities in chapter 113 of title 40, 

21 United States Code, for any intelligence community busi22 ness system transformation shall be exercised jointly by— 

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

24 the Chief Information Officer of the Intelligence 

25 Community; and 


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1 ‘‘(B) the head of the executive agency that con2 tains the element of the intelligence community in3 volved and the chief information officer of that exec4 utive agency. 

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

6 head of the executive agency referred to in paragraph 

7 (1)(B) shall enter into a Memorandum of Understanding 

8 to carry out the requirements of this section in a manner 

9 that best meets the needs of the intelligence community 

10 and the executive agency. 

11 ‘‘(j) REPORTS.—Not later than March 31 of each of 

12 the years 2011 through 2015, the Director of National 

13 Intelligence shall submit to the congressional intelligence 

14 committees a report on the compliance of the intelligence 

15 community with the requirements of this section. Each 

16 such report shall— 

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

18 meeting the requirements of subsection (a), includ19 ing— 

20 ‘‘(A) specific milestones and actual per21 formance against specified performance meas22 ures, and any revision of such milestones and 

23 performance measures; and 

24 ‘‘(B) specific actions on the intelligence 

25 community business system transformations 


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1 submitted for certification under such sub2 section; 

3 ‘‘(2) identify the number of intelligence commu4 nity business system transformations that received a 

5 certification described in subsection (a)(2); and 

6 ‘‘(3) describe specific improvements in business 

7 operations and cost savings resulting from successful 

8 intelligence community business systems trans9 formation efforts. 

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

11 ‘‘(1) The term ‘enterprise architecture’ has the 

12 meaning given that term in section 3601(4) of title 

13 44, United States Code. 

14 ‘‘(2) The terms ‘information system’ and ‘infor15 mation technology’ have the meanings given those 

16 terms in section 11101 of title 40, United States 

17 Code. 

18 ‘‘(3) The term ‘intelligence community business 

19 system’ means an information system, including a 

20 national security system, that is operated by, for, or 

21 on behalf of an element of the intelligence commu22 nity, including a financial system, mixed system, fi23 nancial data feeder system, and the business infra24 structure capabilities shared by the systems of the 

25 business enterprise architecture, including people, 


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1 process, and technology, that build upon the core in2 frastructure used to support business activities, such 

3 as acquisition, financial management, logistics, stra4 tegic planning and budgeting, installations and envi5 ronment, and human resource management. 

6 ‘‘(4) The term ‘intelligence community business 

7 system transformation’ means— 

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

9 new intelligence community business system; or 

10 ‘‘(B) any significant modification or en11 hancement of an existing intelligence commu12 nity business system (other than necessary to 

13 maintain current services). 

14 ‘‘(5) The term ‘national security system’ has 

15 the meaning given that term in section 3542 of title 

16 44, United States Code. 

17 ‘‘(6) The term ‘Office of Business Trans18 formation of the Office of the Director of National 

19 Intelligence’ includes any successor office that as20 sumes the functions of the Office of Business Trans21 formation of the Office of the Director of National 

22 Intelligence as carried out by the Office of Business 

23 Transformation on the date of the enactment of the 

24 Intelligence Authorization Act for Fiscal Year 

25 2010.’’. 


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1 (2) TABLE OF CONTENTS AMENDMENT.—The 

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

3 amended by section 321 of this Act, is further 

4 amended by inserting after the item relating to sec5 tion 506C, as added by section 321(a)(2), the fol6 lowing new item: 

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

7 (b) IMPLEMENTATION.— 

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

9 after the date of the enactment of this Act, the Di10 rector of National Intelligence shall designate a 

11 chair and other members to serve on the board es12 tablished under subsection (f) of such section 506D 

13 of the National Security Act of 1947 (as added by 

14 subsection (a)). 

15 (2) ENTERPRISE ARCHITECTURE.— 

16 (A) SCHEDULE FOR DEVELOPMENT.—The 

17 Director shall develop the enterprise architec18 ture required by subsection (b) of such section 

19 506D (as so added), including the initial Busi20 ness Enterprise Architecture for business trans21 formation, not later than September 30, 2010. 

22 (B) REQUIREMENT FOR IMPLEMENTATION

23 PLAN.—In developing such an enterprise archi24 tecture, the Director shall develop an implemenVerDate Mar 15 2010 21:50 Jul 19, 2010 Jkt 089200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S3611.PCS S3611

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1 tation plan for such enterprise architecture that 

2 includes the following: 

3 (i) An acquisition strategy for new 

4 systems that are expected to be needed to 

5 complete such enterprise architecture, in6 cluding specific time-phased milestones, 

7 performance metrics, and a statement of 

8 the financial and nonfinancial resource 

9 needs. 

10 (ii) An identification of the intel11 ligence community business systems in op12 eration or planned as of September 30, 

13 2010, that will not be a part of such enter14 prise architecture, together with the sched15 ule for the phased termination of the utili16 zation of any such systems. 

17 (iii) An identification of the intel18 ligence community business systems in op19 eration or planned as of September 30, 

20 2010, that will be a part of such enterprise 

21 architecture, together with a strategy for 

22 modifying such systems to ensure that 

23 such systems comply with such enterprise 

24 architecture. 


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1 (C) SUBMISSION OF ACQUISITION STRAT2 EGY.—Based on the results of an enterprise 

3 process management review and the availability 

4 of funds, the Director shall submit the acquisi5 tion strategy described in subparagraph (B)(i) 

6 to the congressional intelligence committees not 

7 later than March 31, 2011. 

8 SEC. 323. REPORTS ON THE ACQUISITION OF MAJOR SYS9 TEMS. 

10 (a) REPORTS.— 

11 (1) IN GENERAL.—Title V of the National Se12 curity Act of 1947 (50 U.S.C. 413 et seq.), as 

13 amended by section 322 of this Act, is further 

14 amended by inserting after section 506D, as added 

15 by section 322(a)(1), the following new section: 

16 ‘‘REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS

17 ‘‘SEC. 506E. (a) DEFINITIONS.—In this section: 

18 ‘‘(1) 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 the 

23 Director establishes the 2010 adjusted total ac24 quisition cost for such system pursuant to sub25 section (h) or restructures such system pursu26 ant to section 506F(c); and 


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

2 estimate’. 

3 ‘‘(2) The term ‘critical cost growth threshold’ 

4 means a percentage increase in the total acquisition 

5 cost for a major system of at least 25 percent over 

6 the total acquisition cost for the major system as 

7 shown in the current Baseline Estimate for the 

8 major system. 

9 ‘‘(3)(A) The term ‘current Baseline Estimate’ 

10 means the projected total acquisition cost of a major 

11 system that is— 

12 ‘‘(i) approved by the Director, or a des13 ignee of the Director, at Milestone B or an 

14 equivalent acquisition decision for the develop15 ment, procurement, and construction of such 

16 system; 

17 ‘‘(ii) approved by the Director at the time 

18 such system is restructured pursuant to section 

19 506F(c); or 

20 ‘‘(iii) the 2010 adjusted total acquisition 

21 cost determined pursuant to subsection (h). 

22 ‘‘(B) A current Baseline Estimate may be in 

23 the form of an independent cost estimate. 


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1 ‘‘(4) Except as otherwise specifically provided, 

2 the term ‘Director’ means the Director of National 

3 Intelligence. 

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

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

6 ‘‘(6) The term ‘major contract’ means each of 

7 the 6 largest prime, associate, or Government-fur8 nished equipment contracts under a major system 

9 that is in excess of $40,000,000 and that is not a 

10 firm, fixed price contract. 

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

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

13 ‘‘(8) The term ‘Milestone B’ means a decision 

14 to enter into major system development and dem15 onstration pursuant to guidance prescribed by the 

16 Director. 

17 ‘‘(9) The term ‘program manager’ means— 

18 ‘‘(A) the head of the element of the intel19 ligence community that is responsible for the 

20 budget, cost, schedule, and performance of a 

21 major system; or 

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

23 the Office of the Director of National Intel24 ligence, the deputy who is responsible for the 


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1 budget, cost, schedule, and performance of the 

2 major system. 

3 ‘‘(10) The term ‘significant cost growth thresh4 old’ means the percentage increase in the total ac5 quisition cost for a major system of at least 15 per6 cent over the total acquisition cost for such system 

7 as shown in the current Baseline Estimate for such 

8 system. 

9 ‘‘(11) The term ‘total acquisition cost’ means 

10 the amount equal to the total cost for development 

11 and procurement of, and system-specific construc12 tion for, a major system. 

13 ‘‘(b) MAJOR SYSTEM COST REPORTS.—(1) The pro14 gram manager for a major system shall, on a quarterly 

15 basis, submit to the Director a major system cost report 

16 as described in paragraph (2). 

17 ‘‘(2) A major system cost report shall include the fol18 lowing information (as of the last day of the quarter for 

19 which the report is made): 

20 ‘‘(A) The total acquisition cost for the major 

21 system. 

22 ‘‘(B) Any cost variance or schedule variance in 

23 a major contract for the major system since the con24 tract was entered into. 


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1 ‘‘(C) Any changes from a major system sched2 ule milestones or performances that are known, ex3 pected, or anticipated by the program manager. 

4 ‘‘(D) Any significant changes in the total acqui5 sition cost for development and procurement of any 

6 software component of the major system, schedule 

7 milestones for such software component of the major 

8 system, or expected performance of such software 

9 component of the major system that are known, ex10 pected, or anticipated by the program manager. 

11 ‘‘(3) Each major system cost report required by para12 graph (1) shall be submitted not more than 30 days after 

13 the end of the reporting quarter. 

14 ‘‘(c) REPORTS FOR BREACH OF SIGNIFICANT OR

15 CRITICAL COST GROWTH THRESHOLDS.—If the program 

16 manager of a major system for which a report has pre17 viously been submitted under subsection (b) determines at 

18 any time during a quarter that there is reasonable cause 

19 to believe that the total acquisition cost for the major sys20 tem has increased by a percentage equal to or greater than 

21 the significant cost growth threshold or critical cost 

22 growth threshold and if a report indicating an increase 

23 of such percentage or more has not previously been sub24 mitted to the Director, then the program manager shall 

25 immediately submit to the Director a major system cost 


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1 report containing the information, determined as of the 

2 date of the report, required under subsection (b). 

3 ‘‘(d) NOTIFICATION TO CONGRESS OF COST

4 GROWTH.—(1) Whenever a major system cost report is 

5 submitted to the Director, the Director shall determine 

6 whether the current acquisition cost for the major system 

7 has increased by a percentage equal to or greater than 

8 the significant cost growth threshold or the critical cost 

9 growth threshold. 

10 ‘‘(2) If the Director determines that the current total 

11 acquisition cost has increased by a percentage equal to or 

12 greater than the significant cost growth threshold or crit13 ical cost growth threshold, the Director shall submit to 

14 Congress a Major System Congressional Report pursuant 

15 to subsection (e). 

16 ‘‘(e) REQUIREMENT FOR MAJOR SYSTEM CONGRES17 SIONAL REPORT.—(1) Whenever the Director determines 

18 under subsection (d) that the total acquisition cost of a 

19 major system has increased by a percentage equal to or 

20 greater than the significant cost growth threshold for the 

21 major system, a Major System Congressional Report shall 

22 be submitted to Congress not later than 45 days after the 

23 date on which the Director receives the major system cost 

24 report for such major system. 


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1 ‘‘(2) If the total acquisition cost of a major system 

2 (as determined by the Director under subsection (d)) in3 creases by a percentage equal to or greater than the crit4 ical cost growth threshold for the program or subprogram, 

5 the Director shall take actions consistent with the require6 ments of section 506F. 

7 ‘‘(f) MAJOR SYSTEM CONGRESSIONAL REPORT ELE8 MENTS.—(1) Except as provided in paragraph (2), each 

9 Major System Congressional Report shall include the fol10 lowing: 

11 ‘‘(A) The name of the major system. 

12 ‘‘(B) The date of the preparation of the report. 

13 ‘‘(C) The program phase of the major system 

14 as of the date of the preparation of the report. 

15 ‘‘(D) The estimate of the total acquisition cost 

16 for the major system expressed in constant base-year 

17 dollars and in current dollars. 

18 ‘‘(E) The current Baseline Estimate for the 

19 major system in constant base-year dollars and in 

20 current dollars. 

21 ‘‘(F) A statement of the reasons for any in22 crease in total acquisition cost for the major system. 

23 ‘‘(G) The completion status of the major sys24 tem— 


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1 ‘‘(i) expressed as the percentage that the 

2 number of years for which funds have been ap3 propriated for the major system is of the num4 ber of years for which it is planned that funds 

5 will be appropriated for the major system; and 

6 ‘‘(ii) expressed as the percentage that the 

7 amount of funds that have been appropriated 

8 for the major system is of the total amount of 

9 funds which it is planned will be appropriated 

10 for the major system. 

11 ‘‘(H) The fiscal year in which the major system 

12 was first authorized and in which funds for such 

13 system were first appropriated by Congress. 

14 ‘‘(I) The current change and the total change, 

15 in dollars and expressed as a percentage, in the total 

16 acquisition cost for the major system, stated both in 

17 constant base-year dollars and in current dollars. 

18 ‘‘(J) The quantity of end items to be acquired 

19 under the major system and the current change and 

20 total change, if any, in that quantity. 

21 ‘‘(K) The identities of the officers responsible 

22 for management and cost control of the major sys23 tem. 


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1 ‘‘(L) The action taken and proposed to be 

2 taken to control future cost growth of the major sys3 tem. 

4 ‘‘(M) Any changes made in the performance or 

5 schedule milestones of the major system and the ex6 tent to which such changes have contributed to the 

7 increase in total acquisition cost for the major sys8 tem. 

9 ‘‘(N) The following contract performance as10 sessment information with respect to each major 

11 contract under the major system: 

12 ‘‘(i) The name of the contractor. 

13 ‘‘(ii) The phase that the contract is in at 

14 the time of the preparation of the report. 

15 ‘‘(iii) The percentage of work under the 

16 contract that has been completed. 

17 ‘‘(iv) Any current change and the total 

18 change, in dollars and expressed as a percent19 age, in the contract cost. 

20 ‘‘(v) The percentage by which the contract 

21 is currently ahead of or behind schedule. 

22 ‘‘(vi) A narrative providing a summary ex23 planation of the most significant occurrences, 

24 including cost and schedule variances under 

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1 uting to the changes identified and a discussion 

2 of the effect these occurrences will have on the 

3 future costs and schedule of the major system. 

4 ‘‘(O) In any case in which one or more prob5 lems with a software component of the major system 

6 significantly contributed to the increase in costs of 

7 the major system, the action taken and proposed to 

8 be taken to solve such problems. 

9 ‘‘(2) A Major System Congressional Report prepared 

10 for a major system for which the increase in the total ac11 quisition cost is due to termination or cancellation of the 

12 entire major system shall include only— 

13 ‘‘(A) the information described in subpara14 graphs (A) through (F) of paragraph (1); and 

15 ‘‘(B) the total percentage change in total acqui16 sition cost for such system. 

17 ‘‘(g) PROHIBITION ON OBLIGATION OF FUNDS.—If 

18 a determination of an increase by a percentage equal to 

19 or greater than the significant cost growth threshold is 

20 made by the Director under subsection (d) and a Major 

21 System Congressional Report containing the information 

22 described in subsection (f) is not submitted to Congress 

23 under subsection (e)(1), or if a determination of an in24 crease by a percentage equal to or greater than the critical 

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1 section (d) and the Major System Congressional Report 

2 containing the information described in subsection (f) and 

3 section 506F(b)(3) and the certification required by sec4 tion 506F(b)(2) are not submitted to Congress under sub5 section (e)(2), funds appropriated for construction, re6 search, development, test, evaluation, and procurement 

7 may not be obligated for a major contract under the major 

8 system. The prohibition on the obligation of funds for a 

9 major system shall cease to apply at the end of the 45- 

10 day period that begins on the date— 

11 ‘‘(1) on which Congress receives the Major Sys12 tem Congressional Report under subsection (e)(1) 

13 with respect to that major system, in the case of a 

14 determination of an increase by a percentage equal 

15 to or greater than the significant cost growth thresh16 old (as determined in subsection (d)); or 

17 ‘‘(2) on which Congress receives both the Major 

18 System Congressional Report under subsection 

19 (e)(2) and the certification of the Director under 

20 section 506F(b)(2) with respect to that major sys21 tem, in the case of an increase by a percentage equal 

22 to or greater than the critical cost growth threshold 

23 (as determined under subsection (d)). 

24 ‘‘(h) TREATMENT OF COST INCREASES PRIOR TO

25 ENACTMENT OF INTELLIGENCE AUTHORIZATION ACT


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1 FOR FISCAL YEAR 2010.—(1) Not later than 180 days 

2 after the date of the enactment of the Intelligence Author3 ization Act for Fiscal Year 2010, the Director— 

4 ‘‘(A) shall, for each major system, determine if 

5 the total acquisition cost of such major system in6 creased by a percentage equal to or greater than the 

7 significant cost growth threshold or the critical cost 

8 growth threshold prior to such date of enactment; 

9 ‘‘(B) shall establish for each major system for 

10 which the total acquisition cost has increased by a 

11 percentage equal to or greater than the significant 

12 cost growth threshold or the critical cost growth 

13 threshold prior to such date of enactment a revised 

14 current Baseline Estimate based upon an updated 

15 cost estimate; 

16 ‘‘(C) may, for a major system not described in 

17 subparagraph (B), establish a revised current Base18 line Estimate based upon an updated cost estimate; 

19 and 

20 ‘‘(D) shall submit to Congress a report describ21 ing— 

22 ‘‘(i) each determination made under sub23 paragraph (A); 


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1 ‘‘(ii) each revised current Baseline Esti2 mate established for a major system under sub3 paragraph (B); and 

4 ‘‘(iii) each revised current Baseline Esti5 mate established for a major system under sub6 paragraph (C), including the percentage in7 crease of the total acquisition cost of such 

8 major system that occurred prior to the date of 

9 the enactment of such Act. 

10 ‘‘(2) The revised current Baseline Estimate estab11 lished for a major system under subparagraph (B) or (C) 

12 of paragraph (1) shall be the 2010 adjusted total acquisi13 tion cost for the major system and may include the esti14 mated cost of conducting any vulnerability assessments for 

15 such major system required under section 506C. 

16 ‘‘(i) REQUIREMENTS TO USE BASE YEAR DOL17 LARS.—Any determination of a percentage increase under 

18 this section shall be stated in terms of constant base year 

19 dollars. 

20 ‘‘(j) FORM OF REPORT.—Any report required to be 

21 submitted under this section may be submitted in a classi22 fied form.’’. 

23 (2) APPLICABILITY DATE OF QUARTERLY RE24 PORTS.—The first report required to be submitted 

25 under subsection (b) of section 506E of the National 


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1 security Act of 1947, as added by paragraph (1) of 

2 this subsection, shall be submitted with respect to 

3 the first fiscal quarter that begins on a date that is 

4 not less than 180 days after the date of the enact5 ment of this Act. 

6 (3) TABLE OF CONTENTS AMENDMENT.—The 

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

8 amended by section 322 of this Act, is further 

9 amended by inserting after the item relating to sec10 tion 506D, as added by section 322(a)(2), the fol11 lowing new item: 

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

12 (b) MAJOR DEFENSE ACQUISITION PROGRAMS.— 

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

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

15 to exempt an acquisition program of the Department of 

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

17 United States Code or Department of Defense Directive 

18 5000, to the extent that such requirements are otherwise 

19 applicable. 

20 SEC. 324. CRITICAL COST GROWTH IN MAJOR SYSTEMS. 

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

22 Act of 1947 (50 U.S.C. 413 et seq.), as amended by sec23 tion 323 of this Act, is further amended by inserting after 

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

25 new section: 


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1 ‘‘CRITICAL COST GROWTH IN MAJOR SYSTEMS

2 ‘‘SEC. 506F. (a) REASSESSMENT OF MAJOR SYS3 TEM.—If the Director of National Intelligence determines 

4 under section 506E(d) that the total acquisition cost of 

5 a major system has increased by a percentage equal to 

6 or greater than the critical cost growth threshold for the 

7 major system, the Director shall— 

8 ‘‘(1) determine the root cause or causes of the 

9 critical cost growth, in accordance with applicable 

10 statutory requirements, policies, procedures, and 

11 guidance; and 

12 ‘‘(2) carry out an assessment of— 

13 ‘‘(A) the projected cost of completing the 

14 major system if current requirements are not 

15 modified; 

16 ‘‘(B) the projected cost of completing the 

17 major system based on reasonable modification 

18 of such requirements; 

19 ‘‘(C) the rough order of magnitude of the 

20 costs of any reasonable alternative system or 

21 capability; and 

22 ‘‘(D) the need to reduce funding for other 

23 systems due to the growth in cost of the major 

24 system. 


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1 ‘‘(b) PRESUMPTION OF TERMINATION.—(1) After 

2 conducting the reassessment required by subsection (a) 

3 with respect to a major system, the Director shall termi4 nate the major system unless the Director submits to Con5 gress a Major System Congressional Report containing a 

6 certification in accordance with paragraph (2) and the in7 formation described in paragraph (3). The Director shall 

8 submit such Major System Congressional Report and cer9 tification not later than 90 days after the date the Direc10 tor receives the relevant major system cost report under 

11 subsection (b) or (c) of section 506E. 

12 ‘‘(2) A certification described by this paragraph with 

13 respect to a major system is a written certification that— 

14 ‘‘(A) the continuation of the major system is es15 sential to the national security; 

16 ‘‘(B) there are no alternatives to the major sys17 tem that will provide acceptable capability to meet 

18 the intelligence requirement at less cost; 

19 ‘‘(C) the new estimates of the total acquisition 

20 cost have been determined by the Director to be rea21 sonable; 

22 ‘‘(D) the major system is a higher priority than 

23 other systems whose funding must be reduced to ac24 commodate the growth in cost of the major system; 

25 and 


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1 ‘‘(E) the management structure for the major 

2 system is adequate to manage and control the total 

3 acquisition cost. 

4 ‘‘(3) A Major System Congressional Report accom5 panying a written certification under paragraph (2) shall 

6 include, in addition to the requirements of section 

7 506E(e), the root cause analysis and assessment carried 

8 out pursuant to subsection (a), the basis for each deter9 mination made in accordance with subparagraphs (A) 

10 through (E) of paragraph (2), and a description of all 

11 funding changes made as a result of the growth in the 

12 cost of the major system, including reductions made in 

13 funding for other systems to accommodate such cost 

14 growth, together with supporting documentation. 

15 ‘‘(c) ACTIONS IF MAJOR SYSTEM NOT TERMI16 NATED.—If the Director elects not to terminate a major 

17 system pursuant to subsection (b), the Director shall— 

18 ‘‘(1) restructure the major system in a manner 

19 that addresses the root cause or causes of the crit20 ical cost growth, as identified pursuant to subsection 

21 (a), and ensures that the system has an appropriate 

22 management structure as set forth in the certifi23 cation submitted pursuant to subsection (b)(2)(E); 

24 ‘‘(2) rescind the most recent Milestone approval 

25 for the major system; 


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1 ‘‘(3) require a new Milestone approval for the 

2 major system before taking any action to enter a 

3 new contract, exercise an option under an existing 

4 contract, or otherwise extend the scope of an exist5 ing contract under the system, except to the extent 

6 determined necessary by the Milestone Decision Au7 thority, on a nondelegable basis, to ensure that the 

8 system may be restructured as intended by the Di9 rector without unnecessarily wasting resources; 

10 ‘‘(4) establish a revised current Baseline Esti11 mate for the major system based upon an updated 

12 cost estimate; and 

13 ‘‘(5) conduct regular reviews of the major sys14 tem. 

15 ‘‘(d) ACTIONS IF MAJOR SYSTEM TERMINATED.—If 

16 a major system is terminated pursuant to subsection (b), 

17 the Director shall submit to Congress a written report set18 ting forth— 

19 ‘‘(1) an explanation of the reasons for termi20 nating the major system; 

21 ‘‘(2) the alternatives considered to address any 

22 problems in the major system; and 

23 ‘‘(3) the course the Director plans to pursue to 

24 meet any intelligence requirements otherwise in25 tended to be met by the major system. 


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1 ‘‘(e) FORM OF REPORT.—Any report or certification 

2 required to be submitted under this section may be sub3 mitted in a classified form. 

4 ‘‘(f) WAIVER.—(1) The Director may waive the re5 quirements of subsections (d)(2), (e), and (g) of section 

6 506E and subsections (a)(2), (b), (c), and (d) of this sec7 tion with respect to a major system if the Director deter8 mines that at least 90 percent of the amount of the cur9 rent Baseline Estimate for the major system has been ex10 pended. 

11 ‘‘(2)(A) If the Director grants a waiver under para12 graph (1) with respect to a major system, the Director 

13 shall submit to the congressional intelligence committees 

14 written notice of the waiver that includes— 

15 ‘‘(i) the information described in section 

16 506E(f); and 

17 ‘‘(ii) if the current total acquisition cost of the 

18 major system has increased by a percentage equal to 

19 or greater than the critical cost growth threshold— 

20 ‘‘(I) a determination of the root cause or 

21 causes of the critical cost growth, as described 

22 in subsection (a)(1); and 

23 ‘‘(II) a certification that includes the ele24 ments described in subparagraphs (A), (B), and 

25 (E) of subsection (b)(2). 


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1 ‘‘(B) The Director shall submit the written notice re2 quired by subparagraph (A) not later than 90 days after 

3 the date that the Director receives a major system cost 

4 report under subsection (b) or (c) of section 506E that 

5 indicates that the total acquisition cost for the major sys6 tem has increased by a percentage equal to or greater than 

7 the significant cost growth threshold or critical cost 

8 growth threshold. 

9 ‘‘(g) DEFINITIONS.—In this section, the terms ‘cost 

10 estimate’, ‘critical cost growth threshold’, ‘current Base11 line Estimate’, ‘major system’, and ‘total acquisition cost’ 

12 have the meaning given those terms in section 506E(a).’’. 

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

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

15 by section 323 of this Act, is further amended by inserting 

16 after the items relating to section 506E, as added by sec17 tion 323(a)(3), the following new item: 

‘‘Sec. 506F. Critical cost growth in major systems.’’. 

18 SEC. 325. FUTURE BUDGET PROJECTIONS. 

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

20 Act of 1947 (50 U.S.C. 413 et seq.), as amended by sec21 tion 324 of this Act, is further amended by inserting after 

22 section 506F, as added by section 324(a), the following 

23 new section: 


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1 ‘‘FUTURE BUDGET PROJECTIONS

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

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

4 the concurrence of the Director of the Office of Manage5 ment and Budget, shall provide to the congressional intel6 ligence committees a Future Year Intelligence Plan, as de7 scribed in paragraph (2), for— 

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

9 Intelligence Program; and 

10 ‘‘(B) each major system in the National Intel11 ligence Program. 

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

13 under this subsection shall include the year-by-year pro14 posed funding for each center or system referred to in sub15 paragraph (A) or (B) of paragraph (1), for the budget 

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

17 the 4 subsequent fiscal years. 

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

19 under subparagraph (B) of paragraph (1) for a major sys20 tem shall include— 

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

22 major system; and 

23 ‘‘(ii) major milestones that have significant re24 source implications for such major system. 


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

2 Director of National Intelligence, with the concurrence of 

3 the Director of the Office of Management and Budget, 

4 shall provide to the congressional intelligence committees 

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

6 intelligence community funded under the National Intel7 ligence Program acquiring a major system that includes 

8 the budget for such element for the 5-year period that be9 gins on the day after the end of the last fiscal year for 

10 which year-by-year proposed funding is included in a Fu11 ture Year Intelligence Plan for such major system in ac12 cordance with subsection (a)(2)(A). 

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

14 under paragraph (1) shall include— 

15 ‘‘(A) projections for the appropriate element of 

16 the intelligence community for— 

17 ‘‘(i) pay and benefits of officers and em18 ployees of such element; 

19 ‘‘(ii) other operating and support costs and 

20 minor acquisitions of such element; 

21 ‘‘(iii) research and technology required by 

22 such element; 

23 ‘‘(iv) current and planned major system 

24 acquisitions for such element; 


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1 ‘‘(v) any future major system acquisitions 

2 for such element; and 

3 ‘‘(vi) any additional funding projections 

4 that the Director of National Intelligence con5 siders appropriate; 

6 ‘‘(B) a budget projection based on effective cost 

7 and schedule execution of current or planned major 

8 system acquisitions and application of Office of 

9 Management and Budget inflation estimates to fu10 ture major system acquisitions; 

11 ‘‘(C) any additional assumptions and projec12 tions that the Director of National Intelligence con13 siders appropriate; and 

14 ‘‘(D) a description of whether, and to what ex15 tent, the total projection for each year exceeds the 

16 level that would result from applying the most recent 

17 Office of Management and Budget inflation estimate 

18 to the budget of that element of the intelligence 

19 community. 

20 ‘‘(c) SUBMISSION TO CONGRESS.—The Director of 

21 National Intelligence, with the concurrence of the Director 

22 of the Office of Management and Budget, shall submit to 

23 the congressional intelligence committees each Future 

24 Year Intelligence Plan or Long-term Budget Projection re25 quired under subsection (a) or (b) for a fiscal year at the 


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1 time that the President submits to Congress the budget 

2 for such fiscal year pursuant section 1105 of title 31, 

3 United States Code. 

4 ‘‘(d) MAJOR SYSTEM AFFORDABILITY REPORT.—(1) 

5 The Director of National Intelligence, with the concur6 rence of the Director of the Office of Management and 

7 Budget, shall prepare a report on the acquisition of a 

8 major system funded under the National Intelligence Pro9 gram before the time that the President submits to Con10 gress the budget for the first fiscal year in which appro11 priated funds are anticipated to be obligated for the devel12 opment or procurement of such major system. 

13 ‘‘(2) The report on such major system shall include 

14 an assessment of whether, and to what extent, such acqui15 sition, if developed, procured, and operated, is projected 

16 to cause an increase in the most recent Future Year Intel17 ligence Plan and Long-term Budget Projection submitted 

18 under section 506G for an element of the intelligence com19 munity. 

20 ‘‘(3) The Director of National Intelligence shall up21 date the report whenever an independent cost estimate 

22 must be updated pursuant to section 506A(a)(4). 

23 ‘‘(4) The Director of National Intelligence shall sub24 mit each report required by this subsection at the time 

25 that the President submits to Congress the budget for a 


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1 fiscal year pursuant to section 1105 of title 31, United 

2 States Code. 

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

4 ‘‘(1) BUDGET YEAR.—The term ‘budget year’ 

5 means the next fiscal year for which the President 

6 is required to submit to Congress a budget pursuant 

7 to section 1105 of title 31, United States Code. 

8 ‘‘(2) INDEPENDENT COST ESTIMATE; MAJOR

9 SYSTEM.—The terms ‘independent cost estimate’ 

10 and ‘major system’ have the meaning given those 

11 terms in section 506A(e).’’. 

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

13 Intelligence Plan and Long-term Budget Projection re14 quired to be submitted under subsection (a) and (b) of 

15 section 506G of the National Security Act of 1947, as 

16 added by subsection (a), shall be submitted to the congres17 sional intelligence committees at the time that the Presi18 dent submits to Congress the budget for fiscal year 2012 

19 pursuant to section 1105 of title 31, United States Code. 

20 (c) CONFORMING AMENDMENTS.— 

21 (1) TABLE OF CONTENTS AMENDMENT.—The 

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

23 amended by section 324 of this Act, is further 

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

2 new item: 

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

3 (2) REPEAL OF DUPLICATIVE PROVISION.—Sec4 tion 8104 of the Department of Defense Appropria5 tions Act, 2010 (50 U.S.C. 415a–3; Public Law 

6 111–118; 123 Stat. 3451) is repealed. 

7 SEC. 326. NATIONAL INTELLIGENCE PROGRAM FUNDED AC8 QUISITIONS. 

9 Subsection (n) of section 102A of the National Secu10 rity Act of 1947 (50 U.S.C. 403–1) is amended by adding 

11 at the end the following new paragraph: 

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

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

14 authorize the head of an element of the intelligence com15 munity to exercise an acquisition authority referred to in 

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

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

18 by such element that is more than 50 percent funded 

19 under the National Intelligence Program. 

20 ‘‘(B) The head of an element of the intelligence com21 munity may not exercise an authority referred to in sub22 paragraph (A) until— 

23 ‘‘(i) the head of such element (without delega24 tion) submits to the Director of National Intelligence 

25 a written request that includes— 


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1 ‘‘(I) a description of such authority re2 quested to be exercised; 

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

4 authority, including an explanation of the rea5 sons that other authorities are insufficient; and 

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

7 such element would be— 

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

9 exercised; or 

10 ‘‘(bb) significantly and measurably en11 hanced if such authority is exercised; and 

12 ‘‘(ii) the Director of National Intelligence issues 

13 a written authorization that includes— 

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

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

16 exercised; and 

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

18 of such authority. 

19 ‘‘(C) A request and authorization to exercise an au20 thority referred to in subparagraph (A) may be made with 

21 respect to an individual acquisition or with respect to a 

22 specific class of acquisitions described in the request and 

23 authorization referred to in subparagraph (B). 

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

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1 ments described in clause (ii) to exercise an authority re2 ferred to in subparagraph (A) shall be submitted to the 

3 Director of National Intelligence in accordance with any 

4 procedures established by the head of such department. 

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

6 Department of Defense, the Department of Energy, the 

7 Department of Homeland Security, the Department of 

8 Justice, the Department of State, and the Department of 

9 the Treasury. 

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

11 community may not be authorized to utilize an authority 

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

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

14 of National Intelligence (without delegation) may author15 ize the use of such an authority for not more than 6 years. 

16 ‘‘(ii) Each authorization to utilize an authority re17 ferred to in subparagraph (A) may be extended in accord18 ance with the requirements of subparagraph (B) for suc19 cessive periods of not more than 3 years, except that the 

20 Director of National Intelligence (without delegation) may 

21 authorize an extension period of not more than 6 years. 

22 ‘‘(F) Subject to clauses (i) and (ii) of subparagraph 

23 (E), the Director of National Intelligence may only dele24 gate the authority of the Director under subparagraphs 

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1 tional Intelligence or a Deputy Director of National Intel2 ligence. 

3 ‘‘(G) The Director of National Intelligence shall sub4 mit— 

5 ‘‘(i) to the congressional intelligence committees 

6 a notification of an authorization to exercise an au7 thority referred to in subparagraph (A) or an exten8 sion of such authorization that includes the written 

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

10 and 

11 ‘‘(ii) to the Director of the Office of Manage12 ment and Budget a notification of an authorization 

13 to exercise an authority referred to in subparagraph 

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

15 will exceed $50,000,000 annually. 

16 ‘‘(H) Requests and authorizations to exercise an au17 thority referred to in subparagraph (A) shall remain avail18 able within the Office of the Director of National Intel19 ligence for a period of at least 6 years following the date 

20 of such request or authorization. 

21 ‘‘(I) Nothing in this paragraph may be construed to 

22 alter or otherwise limit the authority of the Central Intel23 ligence Agency to independently exercise an authority 

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

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


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1 Subtitle D—Congressional 

2 Oversight, Plans, and Reports 

3 SEC. 331. NOTIFICATION PROCEDURES. 

4 (a) PROCEDURES.—Section 501(c) of the National 

5 Security Act of 1947 (50 U.S.C. 413(c)) is amended by 

6 striking ‘‘such procedures’’ and inserting ‘‘such written 

7 procedures’’. 

8 (b) INTELLIGENCE ACTIVITIES.—Section 502(a)(2) 

9 of such Act (50 U.S.C. 413a(a)(2)) is amended by insert10 ing ‘‘(including the legal basis under which the intelligence 

11 activity is being or was conducted)’’ after ‘‘concerning in12 telligence activities’’. 

13 (c) COVERT ACTIONS.—Section 503 of such Act (50 

14 U.S.C. 413b) is amended— 

15 (1) in subsection (b)(2), by inserting ‘‘(includ16 ing the legal basis under which the covert action is 

17 being or was conducted)’’ after ‘‘concerning covert 

18 actions’’; 

19 (2) in subsection (c)— 

20 (A) in paragraph (1), by inserting ‘‘in 

21 writing’’ after ‘‘be reported’’; 

22 (B) in paragraph (4), by striking ‘‘com23 mittee. When’’ and inserting the following: 

24 ‘‘committee. 

25 ‘‘(5) When’’; and 


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1 (C) in paragraph (5), as designated by 

2 subparagraph (B)— 

3 (i) by inserting ‘‘, or a notice provided 

4 under subsection (d)(1),’’ after ‘‘access to 

5 a finding’’; and 

6 (ii) by inserting ‘‘written’’ before 

7 ‘‘statement’’; 

8 (3) in subsection (d)— 

9 (A) by striking ‘‘(d) The President’’ and 

10 inserting ‘‘(d)(1) The President’’; 

11 (B) in paragraph (1), as designated by 

12 subparagraph (A), by inserting ‘‘in writing’’ 

13 after ‘‘notified’’; and 

14 (C) by adding at the end the following new 

15 paragraph: 

16 ‘‘(2) In determining whether an activity constitutes 

17 a significant undertaking for purposes of paragraph (1), 

18 the President shall consider whether the activity— 

19 ‘‘(A) involves significant risk of loss of life; 

20 ‘‘(B) requires an expansion of existing authori21 ties, including authorities relating to research, devel22 opment, or operations; 

23 ‘‘(C) results in the expenditure of significant 

24 funds or other resources; 

25 ‘‘(D) requires notification under section 504; 


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1 ‘‘(E) gives rise to a significant risk of disclosing 

2 intelligence sources or methods; or 

3 ‘‘(F) presents a reasonably foreseeable risk of 

4 serious damage to the diplomatic relations of the 

5 United States if such activity were disclosed without 

6 authorization.’’; and 

7 (4) by adding at the end the following new sub8 section: 

9 ‘‘(g) The President shall maintain— 

10 ‘‘(1) a record of the Members of Congress to 

11 whom a finding is reported under subsection (c) or 

12 notice is provided under subsection (d)(1) and the 

13 date on which each Member of Congress receives 

14 such finding or notice; and 

15 ‘‘(2) each written statement provided under 

16 subsection (c)(5).’’. 

17 SEC. 332. CERTIFICATION OF COMPLIANCE WITH OVER18 SIGHT REQUIREMENTS. 

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

20 Act of 1947 (50 U.S.C. 413 et seq.), as amended by sec21 tion 325 of this Act, is further amended by adding at the 

22 end the following new section: 


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1 ‘‘CERTIFICATION OF COMPLIANCE WITH OVERSIGHT

2 REQUIREMENTS

3 ‘‘SEC. 508. The head of each element of the intel4 ligence community shall annually submit to the congres5 sional intelligence committees— 

6 ‘‘(1) a certification that, to the best of the 

7 knowledge of the head of such element— 

8 ‘‘(A) the head of such element is in full 

9 compliance with the requirements of this title; 

10 and 

11 ‘‘(B) any information required to be sub12 mitted by the head of such element under this 

13 Act before the date of the submission of such 

14 certification has been properly submitted; or 

15 ‘‘(2) if the head of such element is unable to 

16 submit a certification under paragraph (1), a state17 ment— 

18 ‘‘(A) of the reasons the head of such ele19 ment is unable to submit such a certification; 

20 ‘‘(B) describing any information required 

21 to be submitted by the head of such element 

22 under this Act before the date of the submis23 sion of such statement that has not been prop24 erly submitted; and 


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1 ‘‘(C) that the head of such element will 

2 submit such information as soon as possible 

3 after the submission of such statement.’’. 

4 (b) APPLICABILITY DATE.—The first certification or 

5 statement required to be submitted by the head of each 

6 element of the intelligence community under section 508 

7 of the National Security Act of 1947, as added by sub8 section (a), shall be submitted not later than 90 days after 

9 the date of the enactment of this Act. 

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

11 of contents in the first section of the National Security 

12 Act of 1947, as amended by section 325 of this Act, is 

13 further amended by inserting after the item related to sec14 tion 507 the following new item: 

‘‘Sec. 508. Certification of compliance with oversight requirements.’’. 

15 SEC. 333. REPORT ON DETENTION AND INTERROGATION 

16 ACTIVITIES. 

17 (a) REQUIREMENT FOR REPORT.—Not later than 

18 December 1, 2010, the Director of National Intelligence, 

19 in coordination with the Attorney General and the Sec20 retary of Defense, shall submit to the congressional intel21 ligence committees a comprehensive report containing— 

22 (1) the policies and procedures of the United 

23 States Government governing participation by an 

24 element of the intelligence community in the interro25 gation of individuals detained by the United States 


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1 who are suspected of international terrorism with 

2 the objective, in whole or in part, of acquiring na3 tional intelligence, including such policies and proce4 dures of each appropriate element of the intelligence 

5 community or interagency body established to carry 

6 out interrogation; 

7 (2) the policies and procedures relating to any 

8 detention by the Central Intelligence Agency of such 

9 individuals in accordance with Executive Order 

10 13491; 

11 (3) the legal basis for the policies and proce12 dures referred to in paragraphs (1) and (2); 

13 (4) the training and research to support the 

14 policies and procedures referred to in paragraphs (1) 

15 and (2); and 

16 (5) any action that has been taken to imple17 ment section 1004 of the Detainee Treatment Act of 

18 2005 (42 U.S.C. 2000dd–1). 

19 (b) OTHER SUBMISSION OF REPORT.— 

20 (1) CONGRESSIONAL ARMED SERVICES COMMIT21 TEES.—Consistent with the protection of sensitive 

22 intelligence sources and methods and to the extent 

23 that the report required by subsection (a) addresses 

24 an element of the intelligence community within the 

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1 telligence shall submit that portion of the report, 

2 and any associated material that is necessary to 

3 make that portion understandable, to the Committee 

4 on Armed Services of the Senate and the Committee 

5 on Armed Services of the House of Representatives. 

6 (2) CONGRESSIONAL JUDICIARY COMMIT7 TEES.—Consistent with the protection of sensitive 

8 intelligence sources and methods and to the extent 

9 that the report required by subsection (a) addresses 

10 an element of the intelligence community within the 

11 Department of Justice, the Director of National In12 telligence shall submit that portion of the report, 

13 and any associated material that is necessary to 

14 make that portion understandable, to the Committee 

15 on the Judiciary of the Senate and the Committee 

16 on the Judiciary of the House of Representatives. 

17 (c) UPDATES TO CHARTER AND PROCEDURES; LES18 SONS LEARNED.— 

19 (1) UPDATES.—Not later than 30 days after 

20 the final approval of any significant modification or 

21 revision to the charter and procedures for the inter22 agency body established to carry out an interroga23 tion pursuant to a recommendation of the report of 

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1 tive Order 13491 (in this section referred to as the 

2 ‘‘High-Value Detainee Interrogation Group’’) and 

3 consistent with the protection of sensitive intel4 ligence sources and methods, the Director of Na5 tional Intelligence shall submit to the appropriate 

6 committees of Congress any such modification or re7 vision. 

8 (2) LESSONS LEARNED.—Not later than 60 

9 days after the date of the enactment of this Act and 

10 consistent with the protection of sensitive intel11 ligence sources and methods, the Director of Na12 tional Intelligence shall submit to the appropriate 

13 committees of Congress a report setting forth an 

14 analysis and assessment of the lessons learned as a 

15 result of the operations and activities of the High16 Value Detainee Interrogation Group since the estab17 lishment of such Group. 

18 (3) APPROPRIATE COMMITTEES OF CONGRESS

19 DEFINED.—In this subsection, the term ‘‘appro20 priate committees of Congress’’ means— 

21 (A) the congressional intelligence commit22 tees; 

23 (B) the Committee on Appropriations, the 

24 Committee on Armed Services, the Committee 

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1 fairs, and the Committee on the Judiciary of 

2 the Senate; and 

3 (C) the Committee on Appropriations, the 

4 Committee on Armed Services, the Committee 

5 on Homeland Security, and the Committee on 

6 the Judiciary of the House of Representatives. 

7 (d) FORM OF SUBMISSIONS.—Any submission re8 quired under this section may be submitted in classified 

9 form. 

10 SEC. 334. ASSESSMENTS ON GUANTANAMO BAY DETAINEES. 

11 (a) SUBMISSION OF INFORMATION RELATED TO DIS12 POSITION DECISIONS.—Not later than 45 days after the 

13 date of the enactment of this Act, the Director of National 

14 Intelligence, in coordination with the participants of the 

15 interagency review of Guantanamo Bay detainees con16 ducted pursuant to Executive Order 13492 (10 U.S.C. 

17 801 note), shall fully inform the congressional intelligence 

18 committees concerning the basis for the disposition deci19 sions reached by the Guantanamo Review Task Force, and 

20 shall provide to the congressional intelligence commit21 tees— 

22 (1) the written threat analyses prepared on 

23 each detainee by the Guantanamo Review Task 

24 Force established pursuant to Executive Order 

25 13492; and 


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1 (2) access to the intelligence information that 

2 formed the basis of any such specific assessments or 

3 threat analyses. 

4 (b) FUTURE SUBMISSIONS.—In addition to the anal5 yses, assessments, and information required under sub6 section (a) and not later than 10 days after the date that 

7 a threat assessment described in paragraph (1) is dissemi8 nated, the Director of National Intelligence shall provide 

9 to the congressional intelligence committees— 

10 (1) any new threat assessment prepared by any 

11 element of the intelligence community of a Guanta12 namo Bay detainee who remains in detention or is 

13 pending release or transfer; and 

14 (2) access to the intelligence information that 

15 formed the basis of such threat assessment. 

16 SEC. 335. SUMMARY OF INTELLIGENCE RELATING TO TER17 RORIST RECIDIVISM OF DETAINEES HELD AT 

18 UNITED STATES NAVAL STATION, GUANTA19 NAMO BAY, CUBA. 

20 Not later than 60 days after the date of the enact21 ment of this Act, the Director of National Intelligence, in 

22 consultation with the Director of the Central Intelligence 

23 Agency and the Director of the Defense Intelligence Agen24 cy, shall make publicly available an unclassified summary 

25 of— 


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1 (1) intelligence relating to recidivism of detain2 ees currently or formerly held at the Naval Deten3 tion Facility at Guantanamo Bay, Cuba, by the De4 partment of Defense; and 

5 (2) an assessment of the likelihood that such 

6 detainees will engage in terrorism or communicate 

7 with persons in terrorist organizations. 

8 SEC. 336. REPORT AND STRATEGIC PLAN ON BIOLOGICAL 

9 WEAPONS. 

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 the con13 gressional intelligence committees a report on— 

14 (1) the intelligence collection efforts of the 

15 United States dedicated to assessing the threat from 

16 biological weapons from state, nonstate, or rogue ac17 tors, either foreign or domestic; and 

18 (2) efforts to protect the biodefense knowledge 

19 and infrastructure of the United States. 

20 (b) CONTENT.—The report required by subsection 

21 (a) shall include— 

22 (1) an assessment of the intelligence collection 

23 efforts of the United States dedicated to detecting 

24 the development or use of biological weapons by 


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1 state, nonstate, or rogue actors, either foreign or do2 mestic; 

3 (2) information on fiscal, human, technical, 

4 open-source, and other intelligence collection re5 sources of the United States dedicated for use to de6 tect or protect against the threat of biological weap7 ons; 

8 (3) an assessment of any problems that may re9 duce the overall effectiveness of United States intel10 ligence collection and analysis to identify and protect 

11 biological weapons targets, including— 

12 (A) intelligence collection gaps or ineffi13 ciencies; 

14 (B) inadequate information sharing prac15 tices; or 

16 (C) inadequate cooperation among depart17 ments or agencies of the United States; 

18 (4) a strategic plan prepared by the Director of 

19 National Intelligence, in coordination with the Attor20 ney General, the Secretary of Defense, and the Sec21 retary of Homeland Security, that provides for ac22 tions for the appropriate elements of the intelligence 

23 community to close important intelligence gaps re24 lated to biological weapons; 


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1 (5) a description of appropriate goals, sched2 ules, milestones, or metrics to measure the long-term 

3 effectiveness of actions implemented to carry out the 

4 plan described in paragraph (4); and 

5 (6) any long-term resource and human capital 

6 issues related to the collection of intelligence regard7 ing biological weapons, including any recommenda8 tions to address shortfalls of experienced and quali9 fied staff possessing relevant scientific, language, 

10 and technical skills. 

11 (c) IMPLEMENTATION OF STRATEGIC PLAN.—Not 

12 later than 30 days after the date on which the Director 

13 of National Intelligence submits the report required by 

14 subsection (a), the Director shall begin implementation of 

15 the strategic plan referred to in subsection (b)(4). 

16 SEC. 337. CYBERSECURITY OVERSIGHT. 

17 (a) NOTIFICATION OF CYBERSECURITY PRO18 GRAMS.— 

19 (1) REQUIREMENT FOR NOTIFICATION.— 

20 (A) EXISTING PROGRAMS.—Not later than 

21 30 days after the date of the enactment of this 

22 Act, the President shall submit to Congress a 

23 notification for each cybersecurity program in 

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1 mentation referred to in subparagraphs (A) 

2 through (F) of paragraph (2). 

3 (B) NEW PROGRAMS.—Not later than 30 

4 days after the date of the commencement of op5 erations of a new cybersecurity program, the 

6 President shall submit to Congress a notifica7 tion of such commencement that includes the 

8 documentation referred to in subparagraphs (A) 

9 through (F) of paragraph (2). 

10 (2) DOCUMENTATION.—A notification required 

11 by paragraph (1) for a cybersecurity program shall 

12 include— 

13 (A) the legal basis for the cybersecurity 

14 program; 

15 (B) the certification, if any, made pursu16 ant to section 2511(2)(a)(ii)(B) of title 18, 

17 United States Code, or other statutory certifi18 cation of legality for the cybersecurity program; 

19 (C) the concept for the operation of the cy20 bersecurity program that is approved by the 

21 head of the appropriate department or agency 

22 of the United States; 

23 (D) the assessment, if any, of the privacy 

24 impact of the cybersecurity program prepared 

25 by the privacy or civil liberties protection officer 


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1 or comparable officer of such department or 

2 agency; 

3 (E) the plan, if any, for independent audit 

4 or review of the cybersecurity program to be 

5 carried out by the head of such department or 

6 agency, in conjunction with the appropriate in7 spector general; and 

8 (F) recommendations, if any, for legisla9 tion to improve the capabilities of the United 

10 States Government to protect the cybersecurity 

11 of the United States. 

12 (b) PROGRAM REPORTS.— 

13 (1) REQUIREMENT FOR REPORTS.—The head of 

14 a department or agency of the United States with 

15 responsibility for a cybersecurity program for which 

16 a notification was submitted under subsection (a), in 

17 consultation with the inspector general for that de18 partment or agency, shall submit to Congress and 

19 the President a report on such cybersecurity pro20 gram that includes— 

21 (A) the results of any audit or review of 

22 the cybersecurity program carried out under the 

23 plan referred to in subsection (a)(2)(E), if any; 

24 and 


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1 (B) an assessment of whether the imple2 mentation of the cybersecurity program— 

3 (i) is in compliance with— 

4 (I) the legal basis referred to in 

5 subsection (a)(2)(A); and 

6 (II) an assessment referred to in 

7 subsection (a)(2)(D), if any; 

8 (ii) is adequately described by the con9 cept of operation referred to in subsection 

10 (a)(2)(C); and 

11 (iii) includes an adequate independent 

12 audit or review system and whether im13 provements to such independent audit or 

14 review system are necessary. 

15 (2) SCHEDULE FOR SUBMISSION OF RE16 PORTS.— 

17 (A) EXISTING PROGRAMS.—Not later than 

18 180 days after the date of the enactment of this 

19 Act, and annually thereafter, the head of a de20 partment or agency of the United States with 

21 responsibility for a cybersecurity program for 

22 which a notification is required to be submitted 

23 under subsection (a)(1)(A) shall submit a re24 port required under paragraph (1). 


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1 (B) NEW PROGRAMS.—Not later than 120 

2 days after the date on which a certification is 

3 submitted under subsection (a)(1)(B), and an4 nually thereafter, the head of a department or 

5 agency of the United States with responsibility 

6 for the cybersecurity program for which such 

7 certification is submitted shall submit a report 

8 required under paragraph (1). 

9 (3) COOPERATION AND COORDINATION.— 

10 (A) COOPERATION.—The head of each de11 partment or agency of the United States re12 quired to submit a report under paragraph (1) 

13 for a particular cybersecurity program, and the 

14 inspector general of each such department or 

15 agency, shall, to the extent practicable, work in 

16 conjunction with any other such head or inspec17 tor general required to submit such a report for 

18 such cybersecurity program. 

19 (B) COORDINATION.—The heads of all of 

20 the departments and agencies of the United 

21 States required to submit a report under para22 graph (1) for a particular cybersecurity pro23 gram shall designate one such head to coordi24 nate the conduct of the reports on such pro25 gram. 


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1 (c) INFORMATION SHARING REPORT.—Not later 

2 than one year after the date of the enactment of this Act, 

3 the Inspector General of the Department of Homeland Se4 curity and the Inspector General of the Intelligence Com5 munity shall jointly submit to Congress and the President 

6 a report on the status of the sharing of cyber-threat infor7 mation, including— 

8 (1) a description of how cyber-threat intel9 ligence information, including classified information, 

10 is shared among the agencies and departments of 

11 the United States and with persons responsible for 

12 critical infrastructure; 

13 (2) a description of the mechanisms by which 

14 classified cyber-threat information is distributed; 

15 (3) an assessment of the effectiveness of cyber16 threat information sharing and distribution; and 

17 (4) any other matters identified by either In18 spector General that would help to fully inform Con19 gress or the President regarding the effectiveness 

20 and legality of cybersecurity programs. 

21 (d) PERSONNEL DETAILS.— 

22 (1) AUTHORITY TO DETAIL.—Notwithstanding 

23 any other provision of law, the head of an element 

24 of the intelligence community that is funded through 

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1 ficer or employee of such element to the National 

2 Cyber Investigative Joint Task Force or to the De3 partment of Homeland Security to assist the Task 

4 Force or the Department with cybersecurity, as 

5 jointly agreed by the head of such element and the 

6 Task Force or the Department. 

7 (2) BASIS FOR DETAIL.—A personnel detail 

8 made under paragraph (1) may be made— 

9 (A) for a period of not more than three 

10 years; and 

11 (B) on a reimbursable or nonreimbursable 

12 basis. 

13 (e) ADDITIONAL PLAN.—Not later than 180 days 

14 after the date of the enactment of this Act, the Director 

15 of National Intelligence shall submit to Congress a plan 

16 for recruiting, retaining, and training a highly-qualified 

17 cybersecurity intelligence community workforce to secure 

18 the networks of the intelligence community. Such plan 

19 shall include— 

20 (1) an assessment of the capabilities of the cur21 rent workforce; 

22 (2) an examination of issues of recruiting, re23 tention, and the professional development of such 

24 workforce, including the possibility of providing re25 tention bonuses or other forms of compensation; 


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1 (3) an assessment of the benefits of outreach 

2 and training with both private industry and aca3 demic institutions with respect to such workforce; 

4 (4) an assessment of the impact of the estab5 lishment of the Department of Defense Cyber Com6 mand on such workforce; 

7 (5) an examination of best practices for making 

8 the intelligence community workforce aware of cy9 bersecurity best practices and principles; and 

10 (6) strategies for addressing such other matters 

11 as the Director of National Intelligence considers 

12 necessary to the cybersecurity of the intelligence 

13 community. 

14 (f) REPORT ON GUIDELINES AND LEGISLATION TO

15 IMPROVE CYBERSECURITY OF THE UNITED STATES.— 

16 (1) INITIAL.—Not later than one year after the 

17 date of the enactment of this Act, the Director of 

18 National Intelligence, in coordination with the Attor19 ney General, the Director of the National Security 

20 Agency, the White House Cybersecurity Coordinator, 

21 and any other officials the Director of National In22 telligence considers appropriate, shall submit to Con23 gress a report containing guidelines or legislative 

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1 forcement agencies to protect the cybersecurity of 

2 the United States. Such report shall include guide3 lines or legislative recommendations on— 

4 (A) improving the ability of the intelligence 

5 community to detect hostile actions and at6 tribute attacks to specific parties; 

7 (B) the need for data retention require8 ments to assist the intelligence community and 

9 law enforcement agencies; 

10 (C) improving the ability of the intelligence 

11 community to anticipate nontraditional targets 

12 of foreign intelligence services; and 

13 (D) the adequacy of existing criminal stat14 utes to successfully deter cyber attacks, includ15 ing statutes criminalizing the facilitation of 

16 criminal acts, the scope of laws for which a 

17 cyber crime constitutes a predicate offense, 

18 trespassing statutes, data breach notification 

19 requirements, and victim restitution statutes. 

20 (2) SUBSEQUENT.—Not later than one year 

21 after the date on which the initial report is sub22 mitted under paragraph (1), and annually thereafter 

23 for two years, the Director of National Intelligence, 

24 in consultation with the Attorney General, the Direc25 tor of the National Security Agency, the White 


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1 House Cybersecurity Coordinator, and any other of2 ficials the Director of National Intelligence considers 

3 appropriate, shall submit to Congress an update of 

4 the report required under paragraph (1). 

5 (g) SUNSET.—The requirements and authorities of 

6 subsections (a) through (e) shall terminate on December 

7 31, 2013. 

8 (h) DEFINITIONS.—In this section: 

9 (1) CYBERSECURITY PROGRAM.—The term ‘‘cy10 bersecurity program’’ means a class or collection of 

11 similar cybersecurity operations of a department or 

12 agency of the United States that involves personally 

13 identifiable data that is— 

14 (A) screened by a cybersecurity system 

15 outside of the department or agency of the 

16 United States that was the intended recipient of 

17 the personally identifiable data; 

18 (B) transferred, for the purpose of cyberse19 curity, outside the department or agency of the 

20 United States that was the intended recipient of 

21 the personally identifiable data; or 

22 (C) transferred, for the purpose of cyberse23 curity, to an element of the intelligence commu24 nity. 


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1 (2) NATIONAL CYBER INVESTIGATIVE JOINT

2 TASK FORCE.—The term ‘‘National Cyber Investiga3 tive Joint Task Force’’ means the multiagency cyber 

4 investigation coordination organization overseen by 

5 the Director of the Federal Bureau of Investigation 

6 known as the National Cyber Investigative Joint 

7 Task Force that coordinates, integrates, and pro8 vides pertinent information related to cybersecurity 

9 investigations. 

10 (3) CRITICAL INFRASTRUCTURE.—The term 

11 ‘‘critical infrastructure’’ has the meaning given that 

12 term in section 1016 of the USA PATRIOT Act (42 

13 U.S.C. 5195c). 

14 SEC. 338. REPORT ON FOREIGN LANGUAGE PROFICIENCY 

15 IN THE INTELLIGENCE COMMUNITY. 

16 (a) REPORT.—Not later than one year after the date 

17 of the enactment of this Act, and biennially thereafter for 

18 four years, the Director of National Intelligence shall sub19 mit to the congressional intelligence committees and the 

20 Committees on Armed Services of the House of Represent21 atives and the Senate a report on the proficiency in foreign 

22 languages and, as appropriate, in foreign dialects, of each 

23 element of the intelligence community, including— 


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1 (1) the number of positions authorized for such 

2 element that require foreign language proficiency 

3 and a description of the level of proficiency required; 

4 (2) an estimate of the number of such positions 

5 that such element will require during the five-year 

6 period beginning on the date of the submission of 

7 the report; 

8 (3) the number of positions authorized for such 

9 element that require foreign language proficiency 

10 that are filled by— 

11 (A) military personnel; and 

12 (B) civilian personnel; 

13 (4) the number of applicants for positions in 

14 such element in the preceding fiscal year that indi15 cated foreign language proficiency, including the for16 eign language indicated and the proficiency level; 

17 (5) the number of persons hired by such ele18 ment with foreign language proficiency, including 

19 the foreign language and a description of the pro20 ficiency level of such persons; 

21 (6) the number of personnel of such element 

22 currently attending foreign language training, in23 cluding the provider of such training; 


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1 (7) a description of the efforts of such element 

2 to recruit, hire, train, and retain personnel that are 

3 proficient in a foreign language; 

4 (8) an assessment of methods and models for 

5 basic, advanced, and intensive foreign language 

6 training utilized by such element; 

7 (9) for each foreign language and, as appro8 priate, dialect of a foreign language— 

9 (A) the number of positions of such ele10 ment that require proficiency in the foreign lan11 guage or dialect; 

12 (B) the number of personnel of such ele13 ment that are serving in a position that re14 quires proficiency in the foreign language or 

15 dialect to perform the primary duty of the posi16 tion; 

17 (C) the number of personnel of such ele18 ment that are serving in a position that does 

19 not require proficiency in the foreign language 

20 or dialect to perform the primary duty of the 

21 position; 

22 (D) the number of personnel of such ele23 ment rated at each level of proficiency of the 

24 Interagency Language Roundtable; 


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1 (E) whether the number of personnel at 

2 each level of proficiency of the Interagency 

3 Language Roundtable meets the requirements 

4 of such element; 

5 (F) the number of personnel serving or 

6 hired to serve as linguists for such element that 

7 are not qualified as linguists under the stand8 ards of the Interagency Language Roundtable; 

9 (G) the number of personnel hired to serve 

10 as linguists for such element during the pre11 ceding calendar year; 

12 (H) the number of personnel serving as 

13 linguists that discontinued serving such element 

14 during the preceding calendar year; 

15 (I) the percentage of work requiring lin16 guistic skills that is fulfilled by a foreign coun17 try, international organization, or other foreign 

18 entity; and 

19 (J) the percentage of work requiring lin20 guistic skills that is fulfilled by contractors; 

21 (10) an assessment of the foreign language ca22 pacity and capabilities of the intelligence community 

23 as a whole; 

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1 ment and recommendations for eliminating such 

2 gaps; 

3 (12) recommendations, if any, for eliminating 

4 required reports relating to foreign-language pro5 ficiency that the Director of National Intelligence 

6 considers outdated or no longer relevant; and 

7 (13) an assessment of the feasibility of employ8 ing foreign nationals lawfully present in the United 

9 States who have previously worked as translators or 

10 interpreters for the Armed Forces or another de11 partment or agency of the United States Govern12 ment in Iraq or Afghanistan to meet the critical lan13 guage needs of such element. 

14 (b) FORM.—The report required under subsection (a) 

15 shall be submitted in unclassified form, but may include 

16 a classified annex. 

17 SEC. 339. REPORT ON PLANS TO INCREASE DIVERSITY 

18 WITHIN THE INTELLIGENCE COMMUNITY. 

19 (a) REQUIREMENT FOR REPORT.—Not later than 

20 one year after the date of the enactment of this Act, the 

21 Director of National Intelligence, in coordination with the 

22 head of each element of the intelligence community, shall 

23 submit to the congressional intelligence committees a re24 port on the plans of each such element to increase diver25 sity within the intelligence community. 


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1 (b) CONTENT.—The report required by subsection 

2 (a) shall include specific implementation plans to increase 

3 diversity within each element of the intelligence commu4 nity, including— 

5 (1) specific implementation plans for each such 

6 element designed to achieve the goals articulated in 

7 the strategic plan of the Director of National Intel8 ligence on equal employment opportunity and diver9 sity; 

10 (2) specific plans and initiatives for each such 

11 element to increase recruiting and hiring of diverse 

12 candidates; 

13 (3) specific plans and initiatives for each such 

14 element to improve retention of diverse Federal em15 ployees at the junior, midgrade, senior, and manage16 ment levels; 

17 (4) a description of specific diversity awareness 

18 training and education programs for senior officials 

19 and managers of each such element; and 

20 (5) a description of performance metrics to 

21 measure the success of carrying out the plans, initia22 tives, and programs described in paragraphs (1) 

23 through (4). 


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1 (c) FORM.—The report required by subsection (a) 

2 shall be submitted in unclassified form, but may include 

3 a classified annex. 

4 SEC. 340. REPORT ON INTELLIGENCE COMMUNITY CON5 TRACTORS. 

6 (a) REQUIREMENT FOR REPORT.—Not later than 

7 February 1, 2011, the Director of National Intelligence 

8 shall submit to the congressional intelligence committees 

9 and the Committees on Armed Services of the House of 

10 Representatives and the Senate a report describing the use 

11 of personal services contracts across the intelligence com12 munity, the impact of the use of such contracts on the 

13 intelligence community workforce, plans for conversion of 

14 contractor employment into United States Government 

15 employment, and the accountability mechanisms that gov16 ern the performance of such personal services contracts. 

17 (b) CONTENT.— 

18 (1) IN GENERAL.—The report submitted under 

19 subsection (a) shall include— 

20 (A) a description of any relevant regula21 tions or guidance issued by the Director of Na22 tional Intelligence or the head of an element of 

23 the intelligence community and in effect as of 

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1 curity clearance, and assignment of contract 

2 personnel and how those standards may differ 

3 from those for United States Government em4 ployees performing substantially similar func5 tions; 

6 (B) an identification of contracts in effect 

7 during the preceding fiscal year under which 

8 the contractor is performing substantially simi9 lar functions to a United States Government 

10 employee; 

11 (C) an assessment of costs incurred or sav12 ings achieved during the preceding fiscal year 

13 by awarding contracts for the performance of 

14 such functions referred to in subparagraph (B) 

15 instead of using full-time employees of the ele16 ments of the intelligence community to perform 

17 such functions; 

18 (D) an assessment of the appropriateness 

19 of using contractors to perform the activities 

20 described in paragraph (2); 

21 (E) an estimate of the number of con22 tracts, and the number of personnel working 

23 under such contracts, related to the perform24 ance of activities described in paragraph (2); 


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1 (F) a comparison of the compensation of 

2 contract employees and United States Govern3 ment employees performing substantially simi4 lar functions during the preceding fiscal year; 

5 (G) an analysis of the attrition of United 

6 States Government employees for contractor po7 sitions that provide substantially similar func8 tions during the preceding fiscal year; 

9 (H) a description of positions that have 

10 been or will be converted from contractor em11 ployment to United States Government employ12 ment during fiscal years 2011 and 2012; 

13 (I) an analysis of the oversight and ac14 countability mechanisms applicable to personal 

15 services contracts awarded for intelligence ac16 tivities by each element of the intelligence com17 munity during fiscal years 2009 and 2010; 

18 (J) an analysis of procedures in use in the 

19 intelligence community as of February 1, 2011, 

20 for conducting oversight of contractors to en21 sure identification and prosecution of criminal 

22 violations, financial waste, fraud, or other 

23 abuses committed by contractors or contract 

24 personnel; and 


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1 (K) an identification of best practices for 

2 oversight and accountability mechanisms appli3 cable to personal services contracts. 

4 (2) ACTIVITIES.—Activities described in this 

5 paragraph are the following: 

6 (A) Intelligence collection. 

7 (B) Intelligence analysis. 

8 (C) Covert actions, including rendition, de9 tention, and interrogation activities. 

10 SEC. 341. STUDY ON ELECTRONIC WASTE DESTRUCTION 

11 PRACTICES OF THE INTELLIGENCE COMMU12 NITY. 

13 (a) STUDY.—The Inspector General of the Intel14 ligence Community shall conduct a study on the electronic 

15 waste destruction practices of the intelligence community. 

16 Such study shall assess— 

17 (1) the security of the electronic waste disposal 

18 practices of the intelligence community, including 

19 the potential for counterintelligence exploitation of 

20 destroyed, discarded, or recycled materials; 

21 (2) the environmental impact of such disposal 

22 practices; and 

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1 ing steps to prevent the forensic exploitation of elec2 tronic waste. 

3 (b) REPORT.—Not later than one year after the date 

4 of the enactment of this Act, the Inspector General of the 

5 Intelligence Community shall submit to the congressional 

6 intelligence committees a report containing the results of 

7 the study conducted under subsection (a). 

8 SEC. 342. REVIEW OF RECORDS RELATING TO POTENTIAL 

9 HEALTH RISKS AMONG DESERT STORM VET10 ERANS. 

11 (a) REVIEW.—The Director of the Central Intel12 ligence Agency shall conduct a classification review of the 

13 records of the Agency that are relevant to the known or 

14 potential health effects suffered by veterans of Operation 

15 Desert Storm as described in the November 2008, report 

16 by the Department of Veterans Affairs Research Advisory 

17 Committee on Gulf War Veterans’ Illnesses. 

18 (b) REPORT.—Not later than one year after the date 

19 of the enactment of this Act, the Director of the Central 

20 Intelligence Agency shall submit to Congress the results 

21 of the classification review conducted under subsection (a), 

22 including the total number of records of the Agency that 

23 are relevant. 


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1 (c) FORM.—The report required under subsection (b) 

2 shall be submitted in unclassified form, but may include 

3 a classified annex. 

4 SEC. 343. REVIEW OF FEDERAL BUREAU OF INVESTIGA5 TION EXERCISE OF ENFORCEMENT JURISDIC6 TION IN FOREIGN NATIONS. 

7 Not later than 120 days after the date of the enact8 ment of this Act, the Director of the Federal Bureau of 

9 Investigation, in consultation with the Secretary of State, 

10 shall submit to Congress a review of constraints under 

11 international law and the laws of foreign nations to the 

12 assertion of enforcement jurisdiction with respect to crimi13 nal investigations of terrorism offenses under the laws of 

14 the United States conducted by agents of the Federal Bu15 reau of Investigation in foreign nations and using funds 

16 made available for the National Intelligence Program, in17 cluding constraints identified in section 432 of the Re18 statement (Third) of the Foreign Relations Law of the 

19 United States. 

20 SEC. 344. PUBLIC RELEASE OF INFORMATION ON PROCE21 DURES USED IN NARCOTICS AIRBRIDGE DE22 NIAL PROGRAM IN PERU. 

23 Not later than 30 days after the date of the enact24 ment of this Act, the Director of the Central Intelligence 

25 Agency shall make publicly available an unclassified 


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1 version of the report of the Inspector General of the Cen2 tral Intelligence Agency entitled ‘‘Procedures Used in Nar3 cotics Airbridge Denial Program in Peru, 1995–2001’’, 

4 dated August 25, 2008. 

5 SEC. 345. REPORT ON THREAT FROM DIRTY BOMBS. 

6 Not later than 180 days after the date of the enact7 ment of this Act, the Director of National Intelligence, in 

8 consultation with the Nuclear Regulatory Commission, 

9 shall submit to Congress a report summarizing intelligence 

10 related to the threat to the United States from weapons 

11 that use radiological materials, including highly dispersible 

12 substances such as cesium-137. 

13 SEC. 346. REPORT ON CREATION OF SPACE INTELLIGENCE 

14 OFFICE. 

15 Not later than 60 days after the date of the enact16 ment of this Act, the Director of National Intelligence 

17 shall submit to Congress a report on the feasibility and 

18 advisability of creating a national space intelligence office 

19 to manage space-related intelligence assets and access to 

20 such assets. 

21 SEC. 347. REPORT ON ATTEMPT TO DETONATE EXPLOSIVE 

22 DEVICE ON NORTHWEST AIRLINES FLIGHT 

23 253. 

24 Not later than 180 days after the date of the enact25 ment of this Act, the Director of National Intelligence 


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1 shall submit to Congress a report on the attempt to deto2 nate an explosive device aboard Northwest Airlines flight 

3 number 253 on December 25, 2009. Such report shall de4 scribe the failures, if any, to share or analyze intelligence 

5 or other information and the measures that the intel6 ligence community has taken or will take to prevent such 

7 failures, including— 

8 (1) a description of the roles and responsibil9 ities of the counterterrorism analytic components of 

10 the intelligence community in synchronizing, corre11 lating, and analyzing all sources of intelligence re12 lated to terrorism; 

13 (2) an assessment of the technological capabili14 ties of the United States Government to assess ter15 rorist threats, including— 

16 (A) a list of all databases used by counter17 terrorism analysts; 

18 (B) a description of the steps taken by the 

19 intelligence community to integrate all relevant 

20 terrorist databases and allow for cross-database 

21 searches; 

22 (C) a description of the steps taken by the 

23 intelligence community to correlate biographic 

24 information with terrorism-related intelligence; 

25 and 


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1 (D) a description of the improvements to 

2 information technology needed to enable the 

3 United States Government to better share in4 formation; 

5 (3) any recommendations that the Director con6 siders appropriate for legislation to improve the 

7 sharing of intelligence or information relating to ter8 rorists; 

9 (4) a description of the steps taken by the intel10 ligence community to train analysts on watchlisting 

11 processes and procedures; 

12 (5) a description of the manner in which 

13 watchlisting information is entered, reviewed, 

14 searched, analyzed, and acted upon by the relevant 

15 elements of the United States Government; 

16 (6) a description of the steps the intelligence 

17 community is taking to enhance the rigor and raise 

18 the standard of tradecraft of intelligence analysis re19 lated to uncovering and preventing terrorist plots; 

20 (7) a description of the processes and proce21 dures by which the intelligence community 

22 prioritizes terrorism threat leads and the standards 

23 used by elements of the intelligence community to 

24 determine if follow-up action is appropriate; 


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1 (8) a description of the steps taken to enhance 

2 record information on possible terrorists in the Ter3 rorist Identities Datamart Environment; 

4 (9) an assessment of how to meet the challenge 

5 associated with exploiting the ever-increasing volume 

6 of information available to the intelligence commu7 nity; and 

8 (10) a description of the steps the intelligence 

9 community has taken or will take to respond to any 

10 findings and recommendations of the congressional 

11 intelligence committees, with respect to any such 

12 failures, that have been transmitted to the Director 

13 of National Intelligence. 

14 SEC. 348. REPEAL OR MODIFICATION OF CERTAIN REPORT15 ING REQUIREMENTS. 

16 (a) ANNUAL REPORT ON INTELLIGENCE.—Section 

17 109 of the National Security Act of 1947 (50 U.S.C. 

18 404d) is repealed. 

19 (b) ANNUAL AND SPECIAL REPORTS ON INTEL20 LIGENCE SHARING WITH THE UNITED NATIONS.—Sec21 tion 112 of the National Security Act of 1947 (50 U.S.C. 

22 404g) is amended— 

23 (1) by striking subsection (b); and 

24 (2) by redesignating subsections (c), (d), and 

25 (e) as subsections (b), (c), and (d), respectively. 


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1 (c) ANNUAL REPORT ON PROGRESS IN AUDITABLE

2 FINANCIAL STATEMENTS.—Section 114A of the National 

3 Security Act of 1947 (50 U.S.C. 404i–1) is repealed. 

4 (d) REPORT ON FINANCIAL INTELLIGENCE ON TER5 RORIST ASSETS.—Section 118 of the National Security 

6 Act of 1947 (50 U.S.C. 404m) is amended— 

7 (1) in the heading, by striking ‘‘SEMIANNUAL’’ 

8 and inserting ‘‘ANNUAL’’; 

9 (2) in subsection (a)— 

10 (A) in the heading, by striking ‘‘SEMI11 ANNUAL’’ and inserting ‘‘ANNUAL’’; 

12 (B) in the matter preceding paragraph 

13 (1)— 

14 (i) by striking ‘‘semiannual basis’’ and 

15 inserting ‘‘annual basis’’; and 

16 (ii) by striking ‘‘preceding six-month 

17 period’’ and inserting ‘‘preceding one-year 

18 period’’; 

19 (C) by striking paragraph (2); and 

20 (D) by redesignating paragraphs (3) and 

21 (4) as paragraphs (2) and (3), respectively; and 

22 (3) in subsection (d)— 

23 (A) in paragraph (1), by inserting ‘‘the 

24 Committee on Armed Services,’’ after ‘‘the 

25 Committee on Appropriations,’’; and 


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1 (B) in paragraph (2), by inserting ‘‘the 

2 Committee on Armed Services,’’ after ‘‘the 

3 Committee on Appropriations,’’. 

4 (e) ANNUAL CERTIFICATION ON COUNTERINTEL5 LIGENCE INITIATIVES.—Section 1102(b) of the National 

6 Security Act of 1947 (50 U.S.C. 442a(b)) is amended— 

7 (1) by striking ‘‘(1)’’; and 

8 (2) by striking paragraph (2). 

9 (f) REPORT AND CERTIFICATION UNDER TERRORIST

10 IDENTIFICATION CLASSIFICATION SYSTEM.—Section 343 

11 of the Intelligence Authorization Act for Fiscal Year 2003 

12 (50 U.S.C. 404n–2) is amended— 

13 (1) by striking subsection (d); and 

14 (2) by redesignating subsections (e), (f), (g), 

15 and (h) as subsections (d), (e), (f), and (g), respec16 tively. 

17 (g) ANNUAL REPORT ON COUNTERDRUG INTEL18 LIGENCE MATTERS.—Section 826 of the Intelligence Au19 thorization Act for Fiscal Year 2003 (Public Law 107– 

20 306; 21 U.S.C. 873 note) is repealed. 

21 (h) BIENNIAL REPORT ON FOREIGN INDUSTRIAL ES22 PIONAGE.—Subsection (b) of section 809 of the Intel23 ligence Authorization Act for Fiscal Year 1995 (50 U.S.C. 

24 App. 2170b) is amended— 


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1 (1) in the heading, by striking ‘‘ANNUAL UP2 DATE’’ and inserting ‘‘BIENNIAL REPORT’’; 

3 (2) by striking paragraphs (1) and (2) and in4 serting the following new paragraph: 

5 ‘‘(1) REQUIREMENT TO SUBMIT.—Not later 

6 than February 1, 2011, and once every two years 

7 thereafter, the President shall submit to the congres8 sional intelligence committees and congressional 

9 leadership a report updating the information re10 ferred to in subsection (a)(1)D).’’; and 

11 (3) by redesignating paragraph (3) as para12 graph (2). 

13 (i) TABLE OF CONTENTS AMENDMENTS.— 

14 (1) NATIONAL SECURITY ACT OF 1947.—The 

15 table of contents in the first section of the National 

16 Security Act of 1947, as amended by section 332 of 

17 this Act, is further amended— 

18 (A) by striking the item relating to section 

19 109; 

20 (B) by striking the item relating to section 

21 114A; and 

22 (C) by striking the item relating to section 

23 118 and inserting the following new item: 

‘‘Sec. 118. Annual report on financial intelligence on terrorist assets.’’. 

24 (2) INTELLIGENCE AUTHORIZATION ACT FOR

25 FISCAL YEAR 2003.—The table of contents in the 


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1 first section of the Intelligence Authorization Act for 

2 Fiscal Year 2003 (Public Law 107–306; 116 Stat. 

3 2383) is amended by striking the item relating to 

4 section 826. 

5 SEC. 349. INCORPORATION OF REPORTING REQUIRE6 MENTS. 

7 Each requirement to submit a report to the congres8 sional intelligence committees that is included in the clas9 sified annex to this Act is hereby incorporated into this 

10 Act and is hereby made a requirement in law. 

11 SEC. 350. CONFORMING AMENDMENTS FOR REPORT SUB12 MISSION DATES. 

13 Section 507 of the National Security Act of 1947 (50 

14 U.S.C. 415b) is amended— 

15 (1) in subsection (a)— 

16 (A) in paragraph (1)— 

17 (i) by striking subparagraphs (A), 

18 (B), and (G); 

19 (ii) by redesignating subparagraphs 

20 (C), (D), (E), (F), (H), (I), and (N) as 

21 subparagraphs (A), (B), (C), (D), (E), 

22 (F), and (G), respectively; and 

23 (iii) by adding at the end the fol24 lowing new subparagraphs: 


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1 ‘‘(H) The annual report on outside employment 

2 of employees of elements of the intelligence commu3 nity required by section 102A(u)(2). 

4 ‘‘(I) The annual report on financial intelligence 

5 on terrorist assets required by section 118.’’; and 

6 (B) in paragraph (2), by striking subpara7 graphs (C) and (D); and 

8 (2) in subsection (b), by striking paragraph (6). 

9 Subtitle E—Other Matters 

10 SEC. 361. EXTENSION OF AUTHORITY TO DELETE INFORMA11 TION ABOUT RECEIPT AND DISPOSITION OF 

12 FOREIGN GIFTS AND DECORATIONS. 

13 Paragraph (4) of section 7342(f) of title 5, United 

14 States Code, is amended to read as follows: 

15 ‘‘(4)(A) In transmitting such listings for an element 

16 of the intelligence community, the head of such element 

17 may delete the information described in subparagraph (A) 

18 or (C) of paragraph (2) or in subparagraph (A) or (C) 

19 of paragraph (3) if the head of such element certifies in 

20 writing to the Secretary of State that the publication of 

21 such information could adversely affect United States in22 telligence sources or methods. 

23 ‘‘(B) Any information not provided to the Secretary 

24 of State pursuant to the authority in subparagraph (A) 


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1 shall be transmitted to the Director of National Intel2 ligence who shall keep a record of such information. 

3 ‘‘(C) In this paragraph, the term ‘intelligence com4 munity’ has the meaning given that term in section 3(4) 

5 of the National Security Act of 1947 (50 U.S.C. 

6 401a(4)).’’. 

7 SEC. 362. MODIFICATION OF AVAILABILITY OF FUNDS FOR 

8 DIFFERENT INTELLIGENCE ACTIVITIES. 

9 Subparagraph (B) of section 504(a)(3) of the Na10 tional Security Act of 1947 (50 U.S.C. 414(a)(3)) is 

11 amended to read as follows: 

12 ‘‘(B) the use of such funds for such activity 

13 supports an emergent need, improves program effec14 tiveness, or increases efficiency; and’’. 

15 SEC. 363. PROTECTION OF CERTAIN NATIONAL SECURITY 

16 INFORMATION. 

17 (a) INCREASE IN PENALTIES FOR DISCLOSURE OF

18 UNDERCOVER INTELLIGENCE OFFICERS AND AGENTS.— 

19 (1) DISCLOSURE OF AGENT AFTER ACCESS TO

20 INFORMATION IDENTIFYING AGENT.—Subsection (a) 

21 of section 601 of the National Security Act of 1947 

22 (50 U.S.C. 421) is amended by striking ‘‘ten years’’ 

23 and inserting ‘‘15 years’’. 

24 (2) DISCLOSURE OF AGENT AFTER ACCESS TO

25 CLASSIFIED INFORMATION.—Subsection (b) of such 


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1 section is amended by striking ‘‘five years’’ and in2 serting ‘‘10 years’’. 

3 (b) MODIFICATIONS TO ANNUAL REPORT ON PRO4 TECTION OF INTELLIGENCE IDENTITIES.—The first sen5 tence of section 603(a) of the National Security Act of 

6 1947 (50 U.S.C. 423(a)) is amended by inserting ‘‘includ7 ing an assessment of the need, if any, for modification 

8 of this title for the purpose of improving legal protections 

9 for covert agents,’’ after ‘‘measures to protect the identi10 ties of covert agents,’’. 

11 SEC. 364. NATIONAL INTELLIGENCE PROGRAM BUDGET. 

12 Section 601 of the Implementing Recommendations 

13 of the 9/11 Commission Act of 2007 (50 U.S.C. 415c) 

14 is amended to read as follows: 

15 ‘‘SEC. 601. AVAILABILITY TO PUBLIC OF CERTAIN INTEL16 LIGENCE FUNDING INFORMATION. 

17 ‘‘(a) BUDGET REQUEST.—At the time that the Presi18 dent submits to Congress the budget for a fiscal year pur19 suant to section 1105 of title 31, United States Code, the 

20 President shall disclose to the public the aggregate 

21 amount of appropriations requested for that fiscal year for 

22 the National Intelligence Program. 

23 ‘‘(b) AMOUNTS APPROPRIATED EACH FISCAL

24 YEAR.—Not later than 30 days after the end of each fiscal 

25 year, the Director of National Intelligence shall disclose 


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1 to the public the aggregate amount of funds appropriated 

2 by Congress for the National Intelligence Program for 

3 such fiscal year. 

4 ‘‘(c) WAIVER.— 

5 ‘‘(1) IN GENERAL.—The President may waive 

6 or postpone the disclosure required by subsection (a) 

7 or (b) for a fiscal year by submitting to the Select 

8 Committee on Intelligence of the Senate and Perma9 nent Select Committee on Intelligence of the House 

10 of Representatives— 

11 ‘‘(A) a statement, in unclassified form, 

12 that the disclosure required in subsection (a) or 

13 (b) for that fiscal year would damage national 

14 security; and 

15 ‘‘(B) a statement detailing the reasons for 

16 the waiver or postponement, which may be sub17 mitted in classified form. 

18 ‘‘(2) SUBMISSION DATES.—The President shall 

19 submit the statements required under paragraph 

20 (1)— 

21 ‘‘(A) in the case of a waiver or postpone22 ment of a disclosure required under subsection 

23 (a), at the time of the submission of the budget 

24 for the fiscal year for which such disclosure is 

25 waived or postponed; and 


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1 ‘‘(B) in the case of a waiver or postpone2 ment of a disclosure required under subsection 

3 (b), not later than 30 days after the date of the 

4 end of the fiscal year for which such disclosure 

5 is waived or postponed. 

6 ‘‘(d) DEFINITION.—As used in this section, the term 

7 ‘National Intelligence Program’ has the meaning given the 

8 term in section 3(6) of the National Security Act of 1947 

9 (50 U.S.C. 401a(6)).’’. 

10 SEC. 365. IMPROVING THE REVIEW AUTHORITY OF THE 

11 PUBLIC INTEREST DECLASSIFICATION 

12 BOARD. 

13 Paragraph (5) of section 703(b) of the Public Inter14 est Declassification Act of 2000 (50 U.S.C. 435 note) is 

15 amended— 

16 (1) by striking ‘‘jurisdiction,’’ and inserting 

17 ‘‘jurisdiction or by a member of the committee of ju18 risdiction,’’; and 

19 (2) by inserting ‘‘, to evaluate the proper classi20 fication of certain records,’’ after ‘‘certain records’’. 

21 SEC. 366. AUTHORITY TO DESIGNATE UNDERCOVER OPER22 ATIONS TO COLLECT FOREIGN INTEL23 LIGENCE OR COUNTERINTELLIGENCE. 

24 Paragraph (1) of section 102(b) of the Department 

25 of Justice and Related Agencies Appropriations Act, 1993 


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1 (Public Law 102–395; 28 U.S.C. 533 note) is amended 

2 in the flush text following subparagraph (D) by striking 

3 ‘‘(or, if designated by the Director, the Assistant Director, 

4 Intelligence Division) and the Attorney General (or, if des5 ignated by the Attorney General, the Assistant Attorney 

6 General for National Security)’’ and inserting ‘‘(or a des7 ignee of the Director who is in a position not lower than 

8 Deputy Assistant Director in the National Security 

9 Branch or a similar successor position) and the Attorney 

10 General (or a designee of the Attorney General who is in 

11 the National Security Division in a position not lower than 

12 Deputy Assistant Attorney General or a similar successor 

13 position)’’. 

14 SEC. 367. SECURITY CLEARANCES: REPORTS; RECIPROCITY. 

15 (a) REPORTS RELATING TO SECURITY CLEAR16 ANCES.— 

17 (1) QUADRENNIAL AUDIT; SECURITY CLEAR18 ANCE DETERMINATIONS.— 

19 (A) IN GENERAL.—Title V of the National 

20 Security Act of 1947 (50 U.S.C. 413 et seq.), 

21 as amended by section 325 of this Act, is fur22 ther amended by inserting after section 506G, 

23 as added by section 325(a), the following new 

24 section: 


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1 ‘‘REPORTS ON SECURITY CLEARANCES

2 ‘‘SEC. 506H. (a) QUADRENNIAL AUDIT OF POSITION

3 REQUIREMENTS.—(1) The President shall every four 

4 years conduct an audit of the manner in which the execu5 tive branch determines whether a security clearance is re6 quired for a particular position in the United States Gov7 ernment. 

8 ‘‘(2) Not later than 30 days after the completion of 

9 an audit conducted under paragraph (1), the President 

10 shall submit to Congress the results of such audit. 

11 ‘‘(b) REPORT ON SECURITY CLEARANCE DETER12 MINATIONS.—(1) Not later than February 1 of each year, 

13 the President shall submit to Congress a report on the 

14 security clearance process. Such report shall include, for 

15 each security clearance level— 

16 ‘‘(A) the number of employees of the United 

17 States Government who— 

18 ‘‘(i) held a security clearance at such level 

19 as of October 1 of the preceding year; and 

20 ‘‘(ii) were approved for a security clearance 

21 at such level during the preceding fiscal year; 

22 ‘‘(B) the number of contractors to the United 

23 States Government who— 

24 ‘‘(i) held a security clearance at such level 

25 as of October 1 of the preceding year; and 


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1 ‘‘(ii) were approved for a security clearance 

2 at such level during the preceding fiscal year; 

3 and 

4 ‘‘(C) for each element of the intelligence com5 munity— 

6 ‘‘(i) the total amount of time it took to 

7 process the security clearance determination for 

8 such level that— 

9 ‘‘(I) was among the 80 percent of se10 curity clearance determinations made dur11 ing the preceding fiscal year that took the 

12 shortest amount of time to complete; and 

13 ‘‘(II) took the longest amount of time 

14 to complete; 

15 ‘‘(ii) the total amount of time it took to 

16 process the security clearance determination for 

17 such level that— 

18 ‘‘(I) was among the 90 percent of se19 curity clearance determinations made dur20 ing the preceding fiscal year that took the 

21 shortest amount of time to complete; and 

22 ‘‘(II) took the longest amount of time 

23 to complete; 

24 ‘‘(iii) the number of pending security clear25 ance investigations for such level as of October 


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1 1 of the preceding year that have remained 

2 pending for— 

3 ‘‘(I) 4 months or less; 

4 ‘‘(II) between 4 months and 8 

5 months; 

6 ‘‘(III) between 8 months and one 

7 year; and 

8 ‘‘(IV) more than one year; 

9 ‘‘(iv) the percentage of reviews during the 

10 preceding fiscal year that resulted in a denial or 

11 revocation of a security clearance; 

12 ‘‘(v) the percentage of investigations dur13 ing the preceding fiscal year that resulted in in14 complete information; 

15 ‘‘(vi) the percentage of investigations dur16 ing the preceding fiscal year that did not result 

17 in enough information to make a decision on 

18 potentially adverse information; and 

19 ‘‘(vii) for security clearance determinations 

20 completed or pending during the preceding fis21 cal year that have taken longer than one year 

22 to complete— 

23 ‘‘(I) the number of security clearance 

24 determinations for positions as employees 


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1 of the United States Government that re2 quired more than one year to complete; 

3 ‘‘(II) the number of security clearance 

4 determinations for contractors that re5 quired more than one year to complete; 

6 ‘‘(III) the agencies that investigated 

7 and adjudicated such determinations; and 

8 ‘‘(IV) the cause of significant delays 

9 in such determinations. 

10 ‘‘(2) For purposes of paragraph (1), the President 

11 may consider— 

12 ‘‘(A) security clearances at the level of confiden13 tial and secret as one security clearance level; and 

14 ‘‘(B) security clearances at the level of top se15 cret or higher as one security clearance level. 

16 ‘‘(c) FORM.—The results required under subsection 

17 (a)(2) and the reports required under subsection (b)(1) 

18 shall be submitted in unclassified form, but may include 

19 a classified annex.’’. 

20 (B) INITIAL AUDIT.—The first audit re21 quired to be conducted under section 

22 506H(a)(1) of the National Security Act of 

23 1947, as added by subparagraph (A) of this 

24 paragraph, shall be completed not later than 

25 February 1, 2011. 


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1 (C) TABLE OF CONTENTS AMENDMENT.— 

2 The table of contents in the first section of such 

3 Act, as amended by section 348(i) of this Act, 

4 is further amended by inserting after the item 

5 relating to section 506G, as added by section 

6 325 of this Act, the following new item: 

‘‘Sec. 506H. Reports on security clearances.’’. 

7 (2) REPORT ON METRICS FOR ADJUDICATION

8 QUALITY.—Not later than 180 days after the date of 

9 the enactment of this Act, the President shall sub10 mit to Congress a report on security clearance inves11 tigations and adjudications. Such report shall in12 clude— 

13 (A) United States Government-wide adju14 dication guidelines and metrics for adjudication 

15 quality; 

16 (B) a plan to improve the professional de17 velopment of security clearance adjudicators; 

18 (C) metrics to evaluate the effectiveness of 

19 interagency clearance reciprocity; 

20 (D) United States Government-wide inves21 tigation standards and metrics for investigation 

22 quality; and 

23 (E) the advisability, feasibility, counter24 intelligence risk, and cost effectiveness of— 


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1 (i) by not later than January 1, 2012, 

2 requiring the investigation and adjudica3 tion of security clearances to be conducted 

4 by not more than two Federal agencies; 

5 and 

6 (ii) by not later than January 1, 

7 2015, requiring the investigation and adju8 dication of security clearances to be con9 ducted by not more than one Federal agen10 cy. 

11 (b) SECURITY CLEARANCE RECIPROCITY.— 

12 (1) AUDIT.—The Inspector General of the In13 telligence Community shall conduct an audit of the 

14 reciprocity of security clearances among the ele15 ments of the intelligence community. 

16 (2) REPORT.—Not later than 180 days after 

17 the date of the enactment of this Act, the Inspector 

18 General of the Intelligence Community shall submit 

19 to the congressional intelligence committees a report 

20 containing the results of the audit conducted under 

21 paragraph (1). Such report shall include an assess22 ment of the time required to obtain a reciprocal se23 curity clearance for— 


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1 (A) an employee of an element of the intel2 ligence community detailed to another element 

3 of the intelligence community; 

4 (B) an employee of an element of the intel5 ligence community seeking permanent employ6 ment with another element of the intelligence 

7 community; and 

8 (C) a contractor seeking permanent em9 ployment with an element of the intelligence 

10 community. 

11 (3) FORM.—The report required under para12 graph (2) shall be submitted in unclassified form, 

13 but may include a classified annex. 

14 SEC. 368. CORRECTING LONG-STANDING MATERIAL WEAK15 NESSES. 

16 (a) DEFINITIONS.—In this section: 

17 (1) COVERED ELEMENT OF THE INTELLIGENCE

18 COMMUNITY.—The term ‘‘covered element of the in19 telligence community’’ means— 

20 (A) the Central Intelligence Agency; 

21 (B) the Defense Intelligence Agency; 

22 (C) the National Geospatial-Intelligence 

23 Agency; 

24 (D) the National Reconnaissance Office; or 

25 (E) the National Security Agency. 


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1 (2) INDEPENDENT AUDITOR.—The term ‘‘inde2 pendent auditor’’ means an individual who— 

3 (A)(i) is a Federal, State, or local govern4 ment auditor who meets the independence 

5 standards included in generally accepted gov6 ernment auditing standards; or 

7 (ii) is a public accountant who meets such 

8 independence standards; and 

9 (B) is designated as an auditor by the Di10 rector of National Intelligence or the head of a 

11 covered element of the intelligence community, 

12 as appropriate. 

13 (3) INDEPENDENT REVIEW.—The term ‘‘inde14 pendent review’’ means an audit, attestation, or ex15 amination conducted by an independent auditor in 

16 accordance with generally accepted government au17 diting standards. 

18 (4) LONG-STANDING, CORRECTABLE MATERIAL

19 WEAKNESS.—The term ‘‘long-standing, correctable 

20 material weakness’’ means a material weakness— 

21 (A) that was first reported in the annual 

22 financial report of a covered element of the in23 telligence community for a fiscal year prior to 

24 fiscal year 2007; and 


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1 (B) the correction of which is not substan2 tially dependent on a business system that will 

3 not be implemented prior to the end of fiscal 

4 year 2010. 

5 (5) MATERIAL WEAKNESS.—The term ‘‘mate6 rial weakness’’ has the meaning given that term 

7 under the Office of Management and Budget Cir8 cular A–123, entitled ‘‘Management’s Responsibility 

9 for Internal Control,’’ revised December 21, 2004. 

10 (6) SENIOR INTELLIGENCE MANAGEMENT OFFI11 CIAL.—The term ‘‘senior intelligence management 

12 official’’ means an official within a covered element 

13 of the intelligence community who is— 

14 (A)(i) compensated under the Senior Intel15 ligence Service pay scale; or 

16 (ii) the head of a covered element of the 

17 intelligence community; and 

18 (B) compensated for employment with 

19 funds appropriated pursuant to an authoriza20 tion of appropriations in this Act. 

21 (b) IDENTIFICATION OF SENIOR INTELLIGENCE

22 MANAGEMENT OFFICIALS.— 

23 (1) REQUIREMENT TO IDENTIFY.—Not later 

24 than 30 days after the date of the enactment of this 

25 Act, the head of a covered element of the intelligence 


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1 community shall designate a senior intelligence man2 agement official of such element to be responsible 

3 for correcting each long-standing, correctable mate4 rial weakness of such element. 

5 (2) HEAD OF A COVERED ELEMENT OF THE IN6 TELLIGENCE COMMUNITY.—The head of a covered 

7 element of the intelligence community may designate 

8 himself or herself as the senior intelligence manage9 ment official responsible for correcting a long-stand10 ing, correctable material weakness under paragraph 

11 (1). 

12 (3) REQUIREMENT TO UPDATE DESIGNATION.— 

13 If the head of a covered element of the intelligence 

14 community determines that a senior intelligence 

15 management official designated under paragraph (1) 

16 is no longer responsible for correcting a long-stand17 ing, correctable material weakness, the head of such 

18 element shall designate the successor to such official 

19 not later than 10 days after the date of such deter20 mination. 

21 (c) NOTIFICATION.—Not later than 10 days after the 

22 date on which the head of a covered element of the intel23 ligence community has designated a senior intelligence 

24 management official pursuant to paragraph (1) or (3) of 

25 subsection (b), the head of such element shall provide writVerDate Mar 15 2010 21:50 Jul 19, 2010 Jkt 089200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\S3611.PCS S3611

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1 ten notification of such designation to the Director of Na2 tional Intelligence and to such senior intelligence manage3 ment official. 

4 (d) CORRECTION OF LONG-STANDING, MATERIAL

5 WEAKNESS.— 

6 (1) DETERMINATION OF CORRECTION OF DEFI7 CIENCY.—If a long-standing, correctable material 

8 weakness is corrected, the senior intelligence man9 agement official who is responsible for correcting 

10 such long-standing, correctable material weakness 

11 shall make and issue a determination of the correc12 tion. 

13 (2) BASIS FOR DETERMINATION.—The deter14 mination of the senior intelligence management offi15 cial under paragraph (1) shall be based on the find16 ings of an independent review. 

17 (3) NOTIFICATION AND SUBMISSION OF FIND18 INGS.—A senior intelligence management official 

19 who makes a determination under paragraph (1) 

20 shall— 

21 (A) notify the head of the appropriate cov22 ered element of the intelligence community of 

23 such determination at the time the determina24 tion is made; and 


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1 (B) ensure that the independent auditor 

2 whose findings are the basis of a determination 

3 under paragraph (1) submits to the head of the 

4 covered element of the intelligence community 

5 and the Director of National Intelligence the 

6 findings that such determination is based on 

7 not later than 5 days after the date on which 

8 such determination is made. 

9 (e) CONGRESSIONAL OVERSIGHT.—The head of a 

10 covered element of the intelligence community shall notify 

11 the congressional intelligence committees not later than 30 

12 days after the date— 

13 (1) on which a senior intelligence management 

14 official is designated under paragraph (1) or (3) of 

15 subsection (b) and notified under subsection (c); or 

16 (2) of the correction of a long-standing, correct17 able material weakness, as verified by an inde18 pendent auditor under subsection (d)(2). 

19 SEC. 369. INTELLIGENCE COMMUNITY FINANCIAL IM20 PROVEMENT AND AUDIT READINESS. 

21 Not later than 180 days after the date of the enact22 ment of this Act, the Director of National Intelligence 

23 shall— 


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1 (1) conduct a review of the status of the 

2 auditability compliance of each element of the intel3 ligence community; and 

4 (2) develop a plan and schedule to achieve a 

5 full, unqualified audit of each element of the intel6 ligence community not later than September 30, 

7 2013. 

8 TITLE IV—MATTERS RELATING 

9 TO ELEMENTS OF THE INTEL10 LIGENCE COMMUNITY 

11 Subtitle A—Office of the Director 

12 of National Intelligence 

13 SEC. 401. ACCOUNTABILITY REVIEWS BY THE DIRECTOR OF 

14 NATIONAL INTELLIGENCE. 

15 Subsection (f) of section 102A of the National Secu16 rity Act of 1947 (50 U.S.C. 403–1) is amended— 

17 (1) by redesignating paragraphs (7) and (8) as 

18 paragraphs (8) and (9), respectively; and 

19 (2) by inserting after paragraph (6) the fol20 lowing new paragraph: 

21 ‘‘(7)(A) The Director of National Intelligence shall, 

22 if the Director determines it is necessary, or may, if re23 quested by a congressional intelligence committee, conduct 

24 an accountability review of an element of the intelligence 

25 community or the personnel of such element in relation 


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1 to a failure or deficiency within the intelligence commu2 nity. 

3 ‘‘(B) The Director of National Intelligence, in con4 sultation with the Attorney General, shall establish guide5 lines and procedures for conducting an accountability re6 view under subparagraph (A). 

7 ‘‘(C)(i) The Director of National Intelligence shall 

8 provide the findings of an accountability review conducted 

9 under subparagraph (A) and the Director’s recommenda10 tions for corrective or punitive action, if any, to the head 

11 of the applicable element of the intelligence community. 

12 Such recommendations may include a recommendation for 

13 dismissal of personnel. 

14 ‘‘(ii) If the head of such element does not implement 

15 a recommendation made by the Director under clause (i), 

16 the head of such element shall submit to the congressional 

17 intelligence committees a notice of the determination not 

18 to implement the recommendation, including the reasons 

19 for the determination. 

20 ‘‘(D) The requirements of this paragraph shall not 

21 be construed to limit any authority of the Director of Na22 tional Intelligence under subsection (m) or with respect 

23 to supervision of the Central Intelligence Agency.’’. 


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1 SEC. 402. AUTHORITIES FOR INTELLIGENCE INFORMATION 

2 SHARING. 

3 (a) AUTHORITIES FOR INTERAGENCY FUNDING.— 

4 Section 102A(d)(2) of the National Security Act of 1947 

5 (50 U.S.C. 403–1(d)(2)) is amended by striking ‘‘Program 

6 to another such program.’’ and inserting ‘‘Program— 

7 ‘‘(A) to another such program; 

8 ‘‘(B) to other departments or agencies of the 

9 United States Government for the development and 

10 fielding of systems of common concern related to the 

11 collection, processing, analysis, exploitation, and dis12 semination of intelligence information; or 

13 ‘‘(C) to a program funded by appropriations not 

14 within the National Intelligence Program to address 

15 critical gaps in intelligence information sharing or 

16 access capabilities.’’. 

17 (b) AUTHORITIES OF HEADS OF OTHER DEPART18 MENTS AND AGENCIES.—Notwithstanding any other pro19 vision of law, the head of any department or agency of 

20 the United States is authorized to receive and utilize funds 

21 made available to the department or agency by the Direc22 tor of National Intelligence pursuant to section 

23 102A(d)(2) of the National Security Act of 1947 (50 

24 U.S.C. 403–1(d)(2)), as amended by subsection (a), and 

25 receive and utilize any system referred to in such section 

26 that is made available to such department or agency. 


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1 SEC. 403. LOCATION OF THE OFFICE OF THE DIRECTOR OF 

2 NATIONAL INTELLIGENCE. 

3 Subsection (e) of section 103 of the National Security 

4 Act of 1947 (50 U.S.C. 403–3) is amended to read as 

5 follows: 

6 ‘‘(e) LOCATION OF THE OFFICE OF THE DIRECTOR

7 OF NATIONAL INTELLIGENCE.—The headquarters of the 

8 Office of the Director of National Intelligence may be lo9 cated in the Washington metropolitan region, as that term 

10 is defined in section 8301 of title 40, United States 

11 Code.’’. 

12 SEC. 404. TITLE AND APPOINTMENT OF CHIEF INFORMA13 TION OFFICER OF THE INTELLIGENCE COM14 MUNITY. 

15 Section 103G of the National Security Act of 1947 

16 (50 U.S.C. 403–3g) is amended— 

17 (1) in subsection (a)— 

18 (A) by inserting ‘‘of the Intelligence Com19 munity’’ after ‘‘Chief Information Officer’’; and 

20 (B) by striking ‘‘President,’’ and all that 

21 follows and inserting ‘‘President.’’; 

22 (2) by striking subsection (b) and redesignating 

23 subsections (c) and (d) as subsections (b) and (c), 

24 respectively; 


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1 (3) in subsection (b) (as so redesignated), by 

2 inserting ‘‘of the Intelligence Community’’ after 

3 ‘‘Chief Information Officer’’; and 

4 (4) in subsection (c) (as so redesignated), by in5 serting ‘‘of the Intelligence Community’’ before 

6 ‘‘may not’’. 

7 SEC. 405. INSPECTOR GENERAL OF THE INTELLIGENCE 

8 COMMUNITY. 

9 (a) ESTABLISHMENT.— 

10 (1) IN GENERAL.—Title I of the National Secu11 rity Act of 1947 (50 U.S.C. 402 et seq.), as amend12 ed by section 348 of this Act, is further amended by 

13 inserting after section 103G the following new sec14 tion: 

15 ‘‘INSPECTOR GENERAL OF THE INTELLIGENCE

16 COMMUNITY

17 ‘‘SEC. 103H. (a) OFFICE OF INSPECTOR GENERAL

18 OF THE INTELLIGENCE COMMUNITY.—There is within the 

19 Office of the Director of National Intelligence an Office 

20 of the Inspector General of the Intelligence Community. 

21 ‘‘(b) PURPOSE.—The purpose of the Office of the In22 spector General of the Intelligence Community is— 

23 ‘‘(1) to create an objective and effective office, 

24 appropriately accountable to Congress, to initiate 

25 and conduct independent investigations, inspections, 

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1 in the responsibility and authority of the Director of 

2 National Intelligence; 

3 ‘‘(2) to provide leadership and coordination and 

4 recommend policies for activities designed— 

5 ‘‘(A) to promote economy, efficiency, and 

6 effectiveness in the administration and imple7 mentation of such programs and activities; and 

8 ‘‘(B) to prevent and detect fraud and 

9 abuse in such programs and activities; 

10 ‘‘(3) to provide a means for keeping the Direc11 tor of National Intelligence fully and currently in12 formed about— 

13 ‘‘(A) problems and deficiencies relating to 

14 the administration of programs and activities 

15 within the responsibility and authority of the 

16 Director of National Intelligence; and 

17 ‘‘(B) the necessity for, and the progress of, 

18 corrective actions; and 

19 ‘‘(4) in the manner prescribed by this section, 

20 to ensure that the congressional intelligence commit21 tees are kept similarly informed of— 

22 ‘‘(A) significant problems and deficiencies 

23 relating to programs and activities within the 

24 responsibility and authority of the Director of 

25 National Intelligence; and 


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1 ‘‘(B) the necessity for, and the progress of, 

2 corrective actions. 

3 ‘‘(c) INSPECTOR GENERAL OF THE INTELLIGENCE

4 COMMUNITY.—(1) There is an Inspector General of the 

5 Intelligence Community, who shall be the head of the Of6 fice of the Inspector General of the Intelligence Commu7 nity, who shall be appointed by the President, by and with 

8 the advice and consent of the Senate. 

9 ‘‘(2) The nomination of an individual for appointment 

10 as Inspector General shall be made— 

11 ‘‘(A) without regard to political affiliation; 

12 ‘‘(B) on the basis of integrity, compliance with 

13 security standards of the intelligence community, 

14 and prior experience in the field of intelligence or 

15 national security; and 

16 ‘‘(C) on the basis of demonstrated ability in ac17 counting, financial analysis, law, management anal18 ysis, public administration, or investigations. 

19 ‘‘(3) The Inspector General shall report directly to 

20 and be under the general supervision of the Director of 

21 National Intelligence. 

22 ‘‘(4) The Inspector General may be removed from of23 fice only by the President. The President shall commu24 nicate in writing to the congressional intelligence commit25 tees the reasons for the removal not later than 30 days 


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1 prior to the effective date of such removal. Nothing in this 

2 paragraph shall be construed to prohibit a personnel ac3 tion otherwise authorized by law, other than transfer or 

4 removal. 

5 ‘‘(d) ASSISTANT INSPECTORS GENERAL.—Subject to 

6 the policies of the Director of National Intelligence, the 

7 Inspector General of the Intelligence Community shall— 

8 ‘‘(1) appoint an Assistant Inspector General for 

9 Audit who shall have the responsibility for super10 vising the performance of auditing activities relating 

11 to programs and activities within the responsibility 

12 and authority of the Director; 

13 ‘‘(2) appoint an Assistant Inspector General for 

14 Investigations who shall have the responsibility for 

15 supervising the performance of investigative activi16 ties relating to such programs and activities; and 

17 ‘‘(3) appoint other Assistant Inspectors General 

18 that, in the judgment of the Inspector General, are 

19 necessary to carry out the duties of the Inspector 

20 General. 

21 ‘‘(e) DUTIES AND RESPONSIBILITIES.—It shall be 

22 the duty and responsibility of the Inspector General of the 

23 Intelligence Community— 

24 ‘‘(1) to provide policy direction for, and to plan, 

25 conduct, supervise, and coordinate independently, 


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1 the investigations, inspections, audits, and reviews 

2 relating to programs and activities within the re3 sponsibility and authority of the Director of Na4 tional Intelligence; 

5 ‘‘(2) to keep the Director of National Intel6 ligence fully and currently informed concerning vio7 lations of law and regulations, fraud, and other seri8 ous problems, abuses, and deficiencies relating to the 

9 programs and activities within the responsibility and 

10 authority of the Director, to recommend corrective 

11 action concerning such problems, and to report on 

12 the progress made in implementing such corrective 

13 action; 

14 ‘‘(3) to take due regard for the protection of in15 telligence sources and methods in the preparation of 

16 all reports issued by the Inspector General, and, to 

17 the extent consistent with the purpose and objective 

18 of such reports, take such measures as may be ap19 propriate to minimize the disclosure of intelligence 

20 sources and methods described in such reports; and 

21 ‘‘(4) in the execution of the duties and respon22 sibilities under this section, to comply with generally 

23 accepted government auditing. 

24 ‘‘(f) LIMITATIONS ON ACTIVITIES.—(1) The Director 

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1 eral of the Intelligence Community from initiating, car2 rying out, or completing any investigation, inspection, 

3 audit, or review if the Director determines that such prohi4 bition is necessary to protect vital national security inter5 ests of the United States. 

6 ‘‘(2) Not later than seven days after the date on 

7 which the Director exercises the authority under para8 graph (1), the Director shall submit to the congressional 

9 intelligence committees an appropriately classified state10 ment of the reasons for the exercise of such authority. 

11 ‘‘(3) The Director shall advise the Inspector General 

12 at the time a statement under paragraph (2) is submitted, 

13 and, to the extent consistent with the protection of intel14 ligence sources and methods, provide the Inspector Gen15 eral with a copy of such statement. 

16 ‘‘(4) The Inspector General may submit to the con17 gressional intelligence committees any comments on the 

18 statement of which the Inspector General has notice under 

19 paragraph (3) that the Inspector General considers appro20 priate. 

21 ‘‘(g) AUTHORITIES.—(1) The Inspector General of 

22 the Intelligence Community shall have direct and prompt 

23 access to the Director of National Intelligence when nec24 essary for any purpose pertaining to the performance of 

25 the duties of the Inspector General. 


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1 ‘‘(2)(A) The Inspector General shall, subject to the 

2 limitations in subsection (f), make such investigations and 

3 reports relating to the administration of the programs and 

4 activities within the authorities and responsibilities of the 

5 Director as are, in the judgment of the Inspector General, 

6 necessary or desirable. 

7 ‘‘(B) The Inspector General shall have access to any 

8 employee, or any employee of a contractor, of any element 

9 of the intelligence community needed for the performance 

10 of the duties of the Inspector General. 

11 ‘‘(C) The Inspector General shall have direct access 

12 to all records, reports, audits, reviews, documents, papers, 

13 recommendations, or other materials that relate to the 

14 programs and activities with respect to which the Inspec15 tor General has responsibilities under this section. 

16 ‘‘(D) The level of classification or compartmentation 

17 of information shall not, in and of itself, provide a suffi18 cient rationale for denying the Inspector General access 

19 to any materials under subparagraph (C). 

20 ‘‘(E) The Director, or on the recommendation of the 

21 Director, another appropriate official of the intelligence 

22 community, shall take appropriate administrative actions 

23 against an employee, or an employee of a contractor, of 

24 an element of the intelligence community that fails to co25 operate with the Inspector General. Such administrative 


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1 action may include loss of employment or the termination 

2 of an existing contractual relationship. 

3 ‘‘(3) The Inspector General is authorized to receive 

4 and investigate, pursuant to subsection (h), complaints or 

5 information from any person concerning the existence of 

6 an activity within the authorities and responsibilities of 

7 the Director of National Intelligence constituting a viola8 tion of laws, rules, or regulations, or mismanagement, 

9 gross waste of funds, abuse of authority, or a substantial 

10 and specific danger to the public health and safety. Once 

11 such complaint or information has been received from an 

12 employee of the intelligence community— 

13 ‘‘(A) the Inspector General shall not disclose 

14 the identity of the employee without the consent of 

15 the employee, unless the Inspector General deter16 mines that such disclosure is unavoidable during the 

17 course of the investigation or the disclosure is made 

18 to an official of the Department of Justice respon19 sible for determining whether a prosecution should 

20 be undertaken; and 

21 ‘‘(B) no action constituting a reprisal, or threat 

22 of reprisal, for making such complaint or disclosing 

23 such information to the Inspector General may be 

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1 mation was disclosed with the knowledge that it was 

2 false or with willful disregard for its truth or falsity. 

3 ‘‘(4) The Inspector General shall have the authority 

4 to administer to or take from any person an oath, affirma5 tion, or affidavit, whenever necessary in the performance 

6 of the duties of the Inspector General, which oath, affir7 mation, or affidavit when administered or taken by or be8 fore an employee of the Office of the Inspector General 

9 of the Intelligence Community designated by the Inspector 

10 General shall have the same force and effect as if adminis11 tered or taken by, or before, an officer having a seal. 

12 ‘‘(5)(A) Except as provided in subparagraph (B), the 

13 Inspector General is authorized to require by subpoena the 

14 production of all information, documents, reports, an15 swers, records, accounts, papers, and other data in any 

16 medium (including electronically stored information, as 

17 well as any tangible thing) and documentary evidence nec18 essary in the performance of the duties and responsibilities 

19 of the Inspector General. 

20 ‘‘(B) In the case of departments, agencies, and other 

21 elements of the United States Government, the Inspector 

22 General shall obtain information, documents, reports, an23 swers, records, accounts, papers, and other data and evi24 dence for the purpose specified in subparagraph (A) using 

25 procedures other than by subpoenas. 


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1 ‘‘(C) The Inspector General may not issue a subpoena 

2 for, or on behalf of, any component of the Office of the 

3 Director of National Intelligence or any element of the in4 telligence community, including the Office of the Director 

5 of National Intelligence. 

6 ‘‘(D) In the case of contumacy or refusal to obey a 

7 subpoena issued under this paragraph, the subpoena shall 

8 be enforceable by order of any appropriate district court 

9 of the United States. 

10 ‘‘(6) The Inspector General may obtain services as 

11 authorized by section 3109 of title 5, United States Code, 

12 at rates for individuals not to exceed the daily equivalent 

13 of the maximum annual rate of basic pay payable for 

14 grade GS–15 of the General Schedule under section 5332 

15 of title 5, United States Code. 

16 ‘‘(7) The Inspector General may, to the extent and 

17 in such amounts as may be provided in appropriations, 

18 enter into contracts and other arrangements for audits, 

19 studies, analyses, and other services with public agencies 

20 and with private persons, and to make such payments as 

21 may be necessary to carry out the provisions of this sec22 tion. 

23 ‘‘(h) COORDINATION AMONG INSPECTORS GEN24 ERAL.—(1)(A) In the event of a matter within the juris25 diction of the Inspector General of the Intelligence ComVerDate Mar 15 2010 21:50 Jul 19, 2010 Jkt 089200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\S3611.PCS S3611

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1 munity that may be subject to an investigation, inspection, 

2 audit, or review by both the Inspector General of the Intel3 ligence Community and an inspector general with over4 sight responsibility for an element of the intelligence com5 munity, the Inspector General of the Intelligence Commu6 nity and such other inspector general shall expeditiously 

7 resolve the question of which inspector general shall con8 duct such investigation, inspection, audit, or review to 

9 avoid unnecessary duplication of the activities of the in10 spectors general. 

11 ‘‘(B) In attempting to resolve a question under sub12 paragraph (A), the inspectors general concerned may re13 quest the assistance of the Intelligence Community Inspec14 tors General Forum established under paragraph (2). In 

15 the event of a dispute between an inspector general within 

16 a department or agency of the United States Government 

17 and the Inspector General of the Intelligence Community 

18 that has not been resolved with the assistance of such 

19 Forum, the inspectors general shall submit the question 

20 to the Director of National Intelligence and the head of 

21 the affected department or agency for resolution. 

22 ‘‘(2)(A) There is established the Intelligence Commu23 nity Inspectors General Forum, which shall consist of all 

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1 sight responsibility for an element of the intelligence com2 munity. 

3 ‘‘(B) The Inspector General of the Intelligence Com4 munity shall serve as the Chair of the Forum established 

5 under subparagraph (A). The Forum shall have no admin6 istrative authority over any inspector general, but shall 

7 serve as a mechanism for informing its members of the 

8 work of individual members of the Forum that may be 

9 of common interest and discussing questions about juris10 diction or access to employees, employees of contract per11 sonnel, records, audits, reviews, documents, recommenda12 tions, or other materials that may involve or be of assist13 ance to more than one of its members. 

14 ‘‘(3) The inspector general conducting an investiga15 tion, inspection, audit, or review covered by paragraph (1) 

16 shall submit the results of such investigation, inspection, 

17 audit, or review to any other inspector general, including 

18 the Inspector General of the Intelligence Community, with 

19 jurisdiction to conduct such investigation, inspection, 

20 audit, or review who did not conduct such investigation, 

21 inspection, audit, or review. 

22 ‘‘(i) COUNSEL TO THE INSPECTOR GENERAL.—(1) 

23 The Inspector General of the Intelligence Community 

24 shall— 


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1 ‘‘(A) appoint a Counsel to the Inspector Gen2 eral who shall report to the Inspector General; or 

3 ‘‘(B) 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 ‘‘(2) The counsel appointed or obtained under para8 graph (1) shall perform such functions as the Inspector 

9 General may prescribe. 

10 ‘‘(j) STAFF AND OTHER SUPPORT.—(1) The Director 

11 of National Intelligence shall provide the Inspector Gen12 eral of the Intelligence Community with appropriate and 

13 adequate office space at central and field office locations, 

14 together with such equipment, office supplies, mainte15 nance services, and communications facilities and services 

16 as may be necessary for the operation of such offices. 

17 ‘‘(2)(A) Subject to applicable law and the policies of 

18 the Director of National Intelligence, the Inspector Gen19 eral shall select, appoint, and employ such officers and em20 ployees as may be necessary to carry out the functions, 

21 powers, and duties of the Inspector General. The Inspec22 tor General shall ensure that any officer or employee so 

23 selected, appointed, or employed has security clearances 

24 appropriate for the assigned duties of such officer or em25 ployee. 


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1 ‘‘(B) In making selections under subparagraph (A), 

2 the Inspector General shall ensure that such officers and 

3 employees have the requisite training and experience to 

4 enable the Inspector General to carry out the duties of 

5 the Inspector General effectively. 

6 ‘‘(C) In meeting the requirements of this paragraph, 

7 the Inspector General shall create within the Office of the 

8 Inspector General of the Intelligence Community a career 

9 cadre of sufficient size to provide appropriate continuity 

10 and objectivity needed for the effective performance of the 

11 duties of the Inspector General. 

12 ‘‘(3) Consistent with budgetary and personnel re13 sources allocated by the Director of National Intelligence, 

14 the Inspector General has final approval of— 

15 ‘‘(A) the selection of internal and external can16 didates for employment with the Office of the In17 spector General; and 

18 ‘‘(B) all other personnel decisions concerning 

19 personnel permanently assigned to the Office of the 

20 Inspector General, including selection and appoint21 ment to the Senior Intelligence Service, but exclud22 ing all security-based determinations that are not 

23 within the authority of a head of a component of the 

24 Office of the Director of National Intelligence. 


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1 ‘‘(4)(A) Subject to the concurrence of the Director 

2 of National Intelligence, the Inspector General may re3 quest such information or assistance as may be necessary 

4 for carrying out the duties and responsibilities of the In5 spector General from any department, agency, or other 

6 element of the United States Government. 

7 ‘‘(B) Upon request of the Inspector General for infor8 mation or assistance under subparagraph (A), the head 

9 of the department, agency, or element concerned shall, in10 sofar as is practicable and not in contravention of any ex11 isting statutory restriction or regulation of the depart12 ment, agency, or element, furnish to the Inspector Gen13 eral, such information or assistance. 

14 ‘‘(C) The Inspector General of the Intelligence Com15 munity may, upon reasonable notice to the head of any 

16 element of the intelligence community and in coordination 

17 with that element’s inspector general pursuant to sub18 section (h), conduct, as authorized by this section, an in19 vestigation, inspection, audit, or review of such element 

20 and may enter into any place occupied by such element 

21 for purposes of the performance of the duties of the In22 spector General. 

23 ‘‘(k) REPORTS.—(1)(A) The Inspector General of the 

24 Intelligence Community shall, not later than January 31 

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1 rector of National Intelligence a classified, and, as appro2 priate, unclassified semiannual report summarizing the ac3 tivities of the Office of the Inspector General of the Intel4 ligence Community during the immediately preceding 6- 

5 month period ending December 31 (of the preceding year) 

6 and June 30, respectively. The Inspector General of the 

7 Intelligence Community shall provide any portion of the 

8 report involving a component of a department of the 

9 United States Government to the head of that department 

10 simultaneously with submission of the report to the Direc11 tor of National Intelligence. 

12 ‘‘(B) Each report under this paragraph shall include, 

13 at a minimum, the following: 

14 ‘‘(i) A list of the title or subject of each inves15 tigation, inspection, audit, or review conducted dur16 ing the period covered by such report. 

17 ‘‘(ii) A description of significant problems, 

18 abuses, and deficiencies relating to the administra19 tion of programs and activities of the intelligence 

20 community within the responsibility and authority of 

21 the Director of National Intelligence, and in the re22 lationships between elements of the intelligence com23 munity, identified by the Inspector General during 

24 the period covered by such report. 


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1 ‘‘(iii) A description of the recommendations for 

2 corrective action made by the Inspector General dur3 ing the period covered by such report with respect 

4 to significant problems, abuses, or deficiencies iden5 tified in clause (ii). 

6 ‘‘(iv) A statement of whether or not corrective 

7 action has been completed on each significant rec8 ommendation described in previous semiannual re9 ports, and, in a case where corrective action has 

10 been completed, a description of such corrective ac11 tion. 

12 ‘‘(v) A certification of whether or not the In13 spector General has had full and direct access to all 

14 information relevant to the performance of the func15 tions of the Inspector General. 

16 ‘‘(vi) A description of the exercise of the sub17 poena authority under subsection (g)(5) by the In18 spector General during the period covered by such 

19 report. 

20 ‘‘(vii) Such recommendations as the Inspector 

21 General considers appropriate for legislation to pro22 mote economy, efficiency, and effectiveness in the 

23 administration and implementation of programs and 

24 activities within the responsibility and authority of 

25 the Director of National Intelligence, and to detect 


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1 and eliminate fraud and abuse in such programs and 

2 activities. 

3 ‘‘(C) Not later than 30 days after the date of receipt 

4 of a report under subparagraph (A), the Director shall 

5 transmit the report to the congressional intelligence com6 mittees together with any comments the Director con7 siders appropriate. The Director shall transmit to the 

8 committees of the Senate and of the House of Representa9 tives with jurisdiction over a department of the United 

10 States Government any portion of the report involving a 

11 component of such department simultaneously with sub12 mission of the report to the congressional intelligence com13 mittees. 

14 ‘‘(2)(A) The Inspector General shall report imme15 diately to the Director whenever the Inspector General be16 comes aware of particularly serious or flagrant problems, 

17 abuses, or deficiencies relating to programs and activities 

18 within the responsibility and authority of the Director of 

19 National Intelligence. 

20 ‘‘(B) The Director shall transmit to the congressional 

21 intelligence committees each report under subparagraph 

22 (A) within 7 calendar days of receipt of such report, to23 gether with such comments as the Director considers ap24 propriate. The Director shall transmit to the committees 

25 of the Senate and of the House of Representatives with 


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1 jurisdiction over a department of the United States Gov2 ernment any portion of each report under subparagraph 

3 (A) that involves a problem, abuse, or deficiency related 

4 to a component of such department simultaneously with 

5 transmission of the report to the congressional intelligence 

6 committees. 

7 ‘‘(3)(A) In the event that— 

8 ‘‘(i) the Inspector General is unable to resolve 

9 any differences with the Director affecting the exe10 cution of the duties or responsibilities of the Inspec11 tor General; 

12 ‘‘(ii) an investigation, inspection, audit, or re13 view carried out by the Inspector General focuses on 

14 any current or former intelligence community official 

15 who— 

16 ‘‘(I) holds or held a position in an element 

17 of the intelligence community that is subject to 

18 appointment by the President, whether or not 

19 by and with the advice and consent of the Sen20 ate, including such a position held on an acting 

21 basis; 

22 ‘‘(II) holds or held a position in an element 

23 of the intelligence community, including a posi24 tion held on an acting basis, that is appointed 

25 by the Director of National Intelligence; or 


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1 ‘‘(III) holds or held a position as head of 

2 an element of the intelligence community or a 

3 position covered by subsection (b) or (c) of sec4 tion 106; 

5 ‘‘(iii) a matter requires a report by the Inspec6 tor General to the Department of Justice on possible 

7 criminal conduct by a current or former official de8 scribed in clause (ii); 

9 ‘‘(iv) the Inspector General receives notice from 

10 the Department of Justice declining or approving 

11 prosecution of possible criminal conduct of any cur12 rent or former official described in clause (ii); or 

13 ‘‘(v) the Inspector General, after exhausting all 

14 possible alternatives, is unable to obtain significant 

15 documentary information in the course of an inves16 tigation, inspection, audit, or review, 

17 the Inspector General shall immediately notify, and submit 

18 a report to, the congressional intelligence committees on 

19 such matter. 

20 ‘‘(B) The Inspector General shall submit to the com21 mittees of the Senate and of the House of Representatives 

22 with jurisdiction over a department of the United States 

23 Government any portion of each report under subpara24 graph (A) that involves an investigation, inspection, audit, 

25 or review carried out by the Inspector General focused on 


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1 any current or former official of a component of such de2 partment simultaneously with submission of the report to 

3 the congressional intelligence committees. 

4 ‘‘(4) The Director shall submit to the congressional 

5 intelligence committees any report or findings and rec6 ommendations of an investigation, inspection, audit, or re7 view conducted by the office which has been requested by 

8 the Chairman or Vice Chairman or ranking minority mem9 ber of either committee. 

10 ‘‘(5)(A) An employee of an element of the intelligence 

11 community, an employee assigned or detailed to an ele12 ment of the intelligence community, or an employee of a 

13 contractor to the intelligence community who intends to 

14 report to Congress a complaint or information with respect 

15 to an urgent concern may report such complaint or infor16 mation to the Inspector General. 

17 ‘‘(B) Not later than the end of the 14-calendar-day 

18 period beginning on the date of receipt from an employee 

19 of a complaint or information under subparagraph (A), 

20 the Inspector General shall determine whether the com21 plaint or information appears credible. Upon making such 

22 a determination, the Inspector General shall transmit to 

23 the Director a notice of that determination, together with 

24 the complaint or information. 


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1 ‘‘(C) Upon receipt of a transmittal from the Inspector 

2 General under subparagraph (B), the Director shall, with3 in 7 calendar days of such receipt, forward such trans4 mittal to the congressional intelligence committees, to5 gether with any comments the Director considers appro6 priate. 

7 ‘‘(D)(i) If the Inspector General does not find cred8 ible under subparagraph (B) a complaint or information 

9 submitted under subparagraph (A), or does not transmit 

10 the complaint or information to the Director in accurate 

11 form under subparagraph (B), the employee (subject to 

12 clause (ii)) may submit the complaint or information to 

13 Congress by contacting either or both of the congressional 

14 intelligence committees directly. 

15 ‘‘(ii) An employee may contact the congressional in16 telligence committees directly as described in clause (i) 

17 only if the employee— 

18 ‘‘(I) before making such a contact, furnishes to 

19 the Director, through the Inspector General, a state20 ment of the employee’s complaint or information and 

21 notice of the employee’s intent to contact the con22 gressional intelligence committees directly; and 

23 ‘‘(II) obtains and follows from the Director, 

24 through the Inspector General, direction on how to 


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1 contact the congressional intelligence committees in 

2 accordance with appropriate security practices. 

3 ‘‘(iii) A member or employee of one of the congres4 sional intelligence committees who receives a complaint or 

5 information under this subparagraph does so in that mem6 ber or employee’s official capacity as a member or em7 ployee of such committee. 

8 ‘‘(E) The Inspector General shall notify an employee 

9 who reports a complaint or information to the Inspector 

10 General under this paragraph of each action taken under 

11 this paragraph with respect to the complaint or informa12 tion. Such notice shall be provided not later than 3 days 

13 after any such action is taken. 

14 ‘‘(F) An action taken by the Director or the Inspector 

15 General under this paragraph shall not be subject to judi16 cial review. 

17 ‘‘(G) In this paragraph, the term ‘urgent concern’ 

18 means any of the following: 

19 ‘‘(i) A serious or flagrant problem, abuse, viola20 tion of law or Executive order, or deficiency relating 

21 to the funding, administration, or operation of an in22 telligence activity within the responsibility and au23 thority of the Director of National Intelligence in24 volving classified information, but does not include 


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1 differences of opinions concerning public policy mat2 ters. 

3 ‘‘(ii) A false statement to Congress, or a willful 

4 withholding from Congress, on an issue of material 

5 fact relating to the funding, administration, or oper6 ation of an intelligence activity. 

7 ‘‘(iii) An action, including a personnel action 

8 described in section 2302(a)(2)(A) of title 5, United 

9 States Code, constituting reprisal or threat of re10 prisal prohibited under subsection (g)(3)(B) of this 

11 section in response to an employee’s reporting an ur12 gent concern in accordance with this paragraph. 

13 ‘‘(H) Nothing in this section shall be construed to 

14 limit the protections afforded to an employee under section 

15 17(d) of the Central Intelligence Agency Act of 1949 (50 

16 U.S.C. 403q(d)) or section 8H of the Inspector General 

17 Act of 1978 (5 U.S.C. App.). 

18 ‘‘(6) In accordance with section 535 of title 28, 

19 United States Code, the Inspector General shall expedi20 tiously report to the Attorney General any information, 

21 allegation, or complaint received by the Inspector General 

22 relating to violations of Federal criminal law that involves 

23 a program or operation of an element of the intelligence 

24 community, or in the relationships between the elements 

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1 lines as may be issued by the Attorney General pursuant 

2 to subsection (b)(2) of such section. A copy of each such 

3 report shall be furnished to the Director. 

4 ‘‘(l) CONSTRUCTION OF DUTIES REGARDING ELE5 MENTS OF INTELLIGENCE COMMUNITY.—Except as re6 solved pursuant to subsection (h), the performance by the 

7 Inspector General of the Intelligence Community of any 

8 duty, responsibility, or function regarding an element of 

9 the intelligence community shall not be construed to mod10 ify or affect the duties and responsibilities of any other 

11 inspector general having duties and responsibilities relat12 ing to such element. 

13 ‘‘(m) SEPARATE BUDGET ACCOUNT.—The Director 

14 of National Intelligence shall, in accordance with proce15 dures issued by the Director in consultation with the con16 gressional intelligence committees, include in the National 

17 Intelligence Program budget a separate account for the 

18 Office of the Inspector General of the Intelligence Commu19 nity. 

20 ‘‘(n) BUDGET.—(1) For each fiscal year, the Inspec21 tor General of the Intelligence Community shall transmit 

22 a budget estimate and request to the Director of National 

23 Intelligence that specifies for such fiscal year— 

24 ‘‘(A) the aggregate amount requested for the 

25 operations of the Inspector General; 


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1 ‘‘(B) the amount requested for all training re2 quirements of the Inspector General, including a cer3 tification from the Inspector General that the 

4 amount requested is sufficient to fund all training 

5 requirements for the Office of the Inspector General; 

6 and 

7 ‘‘(C) the amount requested to support the 

8 Council of the Inspectors General on Integrity and 

9 Efficiency, including a justification for such amount. 

10 ‘‘(2) In transmitting a proposed budget to the Presi11 dent for a fiscal year, the Director of National Intelligence 

12 shall include for such fiscal year— 

13 ‘‘(A) the aggregate amount requested for the 

14 Inspector General of the Intelligence Community; 

15 ‘‘(B) the amount requested for Inspector Gen16 eral training; 

17 ‘‘(C) the amount requested to support the 

18 Council of the Inspectors General on Integrity and 

19 Efficiency; and 

20 ‘‘(D) the comments of the Inspector General, if 

21 any, with respect to such proposed budget. 

22 ‘‘(3) The Director of National Intelligence shall sub23 mit to the congressional intelligence committees, the Com24 mittee on Appropriations of the Senate, and the ComVerDate Mar 15 2010 21:50 Jul 19, 2010 Jkt 089200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\S3611.PCS S3611

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1 mittee on Appropriations of the House of Representatives 

2 for each fiscal year— 

3 ‘‘(A) a separate statement of the budget esti4 mate transmitted pursuant to paragraph (1); 

5 ‘‘(B) the amount requested by the Director for 

6 the Inspector General pursuant to paragraph (2)(A); 

7 ‘‘(C) the amount requested by the Director for 

8 the training of personnel of the Office of the Inspec9 tor General pursuant to paragraph (2)(B); 

10 ‘‘(D) the amount requested by the Director for 

11 support for the Council of the Inspectors General on 

12 Integrity and Efficiency pursuant to paragraph 

13 (2)(C); and 

14 ‘‘(E) the comments of the Inspector General 

15 under paragraph (2)(D), if any, on the amounts re16 quested pursuant to paragraph (2), including wheth17 er such amounts would substantially inhibit the In18 spector General from performing the duties of the 

19 Office of the Inspector General.’’. 

20 (2) TABLE OF CONTENTS AMENDMENT.—The 

21 table of contents in the first section of the National 

22 Security Act of 1947, as amended by section 348 of 

23 this Act, is further amended by inserting after the 

24 item relating to section 103G the following new 

25 item: 

‘‘Sec. 103H. Inspector General of the Intelligence Community.’’. 


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1 (b) PAY OF INSPECTOR GENERAL.—Subparagraph 

2 (A) of section 4(a)(3) of the Inspector General Reform 

3 Act of 2008 (Public Law 110–409; 5 U.S.C. App. note) 

4 is amended by inserting ‘‘the Inspector General of the In5 telligence Community,’’ after ‘‘basic pay of’’. 

6 (c) CONSTRUCTION.—Nothing in the amendment 

7 made by subsection (a)(1) shall be construed to alter the 

8 duties and responsibilities of the General Counsel of the 

9 Office of the Director of National Intelligence. 

10 (d) REPEAL OF SUPERSEDED AUTHORITY TO ES11 TABLISH POSITION.—Section 8K of the Inspector General 

12 Act of 1978 (5 U.S.C. App.) shall be repealed on the date 

13 that the President appoints, with the advice and consent 

14 of the Senate, the first individual to serve as Inspector 

15 General for the Intelligence Community pursuant to sec16 tion 103H of the National Security Act of 1947, as added 

17 by subsection (a), and such individual assumes the duties 

18 of the Inspector General. 

19 SEC. 406. CHIEF FINANCIAL OFFICER OF THE INTEL20 LIGENCE COMMUNITY. 

21 (a) ESTABLISHMENT.—Title I of the National Secu22 rity Act of 1947 (50 U.S.C. 402 et seq.), as amended by 

23 section 405 of this Act, is further amended by inserting 

24 after section 103H, as added by section 405(a)(1), the fol25 lowing new section: 


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1 ‘‘CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE

2 COMMUNITY

3 ‘‘SEC. 103I. (a) CHIEF FINANCIAL OFFICER OF THE

4 INTELLIGENCE COMMUNITY.—To assist the Director of 

5 National Intelligence in carrying out the responsibilities 

6 of the Director under this Act and other applicable provi7 sions of law, there is within the Office of the Director of 

8 National Intelligence a Chief Financial Officer of the In9 telligence Community who shall be appointed by the Direc10 tor. 

11 ‘‘(b) DUTIES AND RESPONSIBILITIES.—Subject to 

12 the direction of the Director of National Intelligence, the 

13 Chief Financial Officer of the Intelligence Community 

14 shall— 

15 ‘‘(1) serve as the principal advisor to the Direc16 tor of National Intelligence and the Principal Dep17 uty Director of National Intelligence on the manage18 ment and allocation of intelligence community budg19 etary resources; 

20 ‘‘(2) participate in overseeing a comprehensive 

21 and integrated strategic process for resource man22 agement within the intelligence community; 

23 ‘‘(3) ensure that the strategic plan of the Direc24 tor of National Intelligence— 


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1 ‘‘(A) is based on budgetary constraints as 

2 specified in the Future Year Intelligence Plans 

3 and Long-term Budget Projections required 

4 under section 506G; and 

5 ‘‘(B) contains specific goals and objectives 

6 to support a performance-based budget; 

7 ‘‘(4) prior to the obligation or expenditure of 

8 funds for the acquisition of any major system pursu9 ant to a Milestone A or Milestone B decision, receive 

10 verification from appropriate authorities that the na11 tional requirements for meeting the strategic plan of 

12 the Director have been established, and that such re13 quirements are prioritized based on budgetary con14 straints as specified in the Future Year Intelligence 

15 Plans and the Long-term Budget Projections for 

16 such major system required under section 506G; 

17 ‘‘(5) ensure that the collection architectures of 

18 the Director are based on budgetary constraints as 

19 specified in the Future Year Intelligence Plans and 

20 the Long-term Budget Projections required under 

21 section 506G; 

22 ‘‘(6) coordinate or approve representations 

23 made to Congress by the intelligence community re24 garding National Intelligence Program budgetary re25 sources; 


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1 ‘‘(7) participate in key mission requirements, 

2 acquisitions, or architectural boards formed within 

3 or by the Office of the Director of National Intel4 ligence; and 

5 ‘‘(8) perform such other duties as may be pre6 scribed by the Director of National Intelligence. 

7 ‘‘(c) OTHER LAW.—The Chief Financial Officer of 

8 the Intelligence Community shall serve as the Chief Finan9 cial Officer of the intelligence community and, to the ex10 tent applicable, shall have the duties, responsibilities, and 

11 authorities specified in chapter 9 of title 31, United States 

12 Code. 

13 ‘‘(d) PROHIBITION ON SIMULTANEOUS SERVICE AS

14 OTHER CHIEF FINANCIAL OFFICER.—An individual serv15 ing in the position of Chief Financial Officer of the Intel16 ligence Community may not, while so serving, serve as the 

17 chief financial officer of any other department or agency, 

18 or component thereof, of the United States Government. 

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

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

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

22 ‘‘(2) The term ‘Milestone A’ has the meaning 

23 given that term in section 506G(f). 

24 ‘‘(3) The term ‘Milestone B’ has the meaning 

25 given that term in section 506C(e).’’. 


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

2 of contents in the first section of the National Security 

3 Act of 1947, as amended by section 405(a), is further 

4 amended by inserting after the item relating to section 

5 103H, as added by section 405(a)(2), the following new 

6 item: 

‘‘Sec. 103I. Chief Financial Officer of the Intelligence Community.’’. 

7 SEC. 407. LEADERSHIP AND LOCATION OF CERTAIN OF8 FICES AND OFFICIALS. 

9 (a) NATIONAL COUNTER PROLIFERATION CEN10 TER.—Section 119A(a) of the National Security Act of 

11 1947 (50 U.S.C. 404o–1(a)) is amended— 

12 (1) by striking ‘‘Not later than 18 months after 

13 the date of the enactment of the National Security 

14 Intelligence Reform Act of 2004, the’’ and inserting 

15 ‘‘(1) The’’; and 

16 (2) by adding at the end the following new 

17 paragraphs: 

18 ‘‘(2) The head of the National Counter Proliferation 

19 Center shall be the Director of the National Counter Pro20 liferation Center, who shall be appointed by the Director 

21 of National Intelligence. 

22 ‘‘(3) The National Counter Proliferation Center shall 

23 be located within the Office of the Director of National 

24 Intelligence.’’. 


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1 (b) OFFICERS.—Section 103(c) of that Act (50 

2 U.S.C. 403–3(c)) is amended— 

3 (1) by redesignating paragraph (9) as para4 graph (14); and 

5 (2) by inserting after paragraph (8) the fol6 lowing new paragraphs: 

7 ‘‘(9) The Chief Information Officer of the Intel8 ligence Community. 

9 ‘‘(10) The Inspector General of the Intelligence 

10 Community. 

11 ‘‘(11) The Director of the National Counterter12 rorism Center. 

13 ‘‘(12) The Director of the National Counter 

14 Proliferation Center. 

15 ‘‘(13) The Chief Financial Officer of the Intel16 ligence Community.’’. 

17 SEC. 408. PROTECTION OF CERTAIN FILES OF THE OFFICE 

18 OF THE DIRECTOR OF NATIONAL INTEL19 LIGENCE. 

20 (a) IN GENERAL.—Title VII of the National Security 

21 Act of 1947 (50 U.S.C. 431 et seq.) is amended by adding 

22 at the end the following new section: 

23 ‘‘PROTECTION OF CERTAIN FILES OF THE OFFICE OF

24 THE DIRECTOR OF NATIONAL INTELLIGENCE

25 ‘‘SEC. 706. (a) INAPPLICABILITY OF FOIA TO EX26 EMPTED OPERATIONAL FILES PROVIDED TO ODNI.—(1) 


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1 Subject to paragraph (2), the provisions of section 552 

2 of title 5, United States Code, that require search, review, 

3 publication, or disclosure of a record shall not apply to 

4 a record provided to the Office of the Director of National 

5 Intelligence by an element of the intelligence community 

6 from the exempted operational files of such element. 

7 ‘‘(2) Paragraph (1) shall not apply with respect to 

8 a record of the Office that— 

9 ‘‘(A) contains information derived or dissemi10 nated from an exempted operational file, unless such 

11 record is created by the Office for the sole purpose 

12 of organizing such exempted operational file for use 

13 by the Office; 

14 ‘‘(B) is disseminated by the Office to a person 

15 other than an officer, employee, or contractor of the 

16 Office; or 

17 ‘‘(C) is no longer designated as an exempted 

18 operational file in accordance with this title. 

19 ‘‘(b) EFFECT OF PROVIDING FILES TO ODNI.—Not20 withstanding any other provision of this title, an exempted 

21 operational file that is provided to the Office by an ele22 ment of the intelligence community shall not be subject 

23 to the provisions of section 552 of title 5, United States 

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1 sure of a record solely because such element provides such 

2 exempted operational file to the Office. 

3 ‘‘(c) SEARCH AND REVIEW FOR CERTAIN PUR4 POSES.—Notwithstanding subsection (a) or (b), an ex5 empted operational file shall continue to be subject to 

6 search and review for information concerning any of the 

7 following: 

8 ‘‘(1) United States citizens or aliens lawfully 

9 admitted for permanent residence who have re10 quested information on themselves pursuant to the 

11 provisions of section 552 or 552a of title 5, United 

12 States Code. 

13 ‘‘(2) Any special activity the existence of which 

14 is not exempt from disclosure under the provisions 

15 of section 552 of title 5, United States Code. 

16 ‘‘(3) The specific subject matter of an investiga17 tion for any impropriety or violation of law, Execu18 tive order, or Presidential directive, in the conduct 

19 of an intelligence activity by any of the following: 

20 ‘‘(A) The Select Committee on Intelligence 

21 of the Senate. 

22 ‘‘(B) The Permanent Select Committee on 

23 Intelligence of the House of Representatives. 

24 ‘‘(C) The Intelligence Oversight Board. 

25 ‘‘(D) The Department of Justice. 


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1 ‘‘(E) The Office of the Director of Na2 tional Intelligence. 

3 ‘‘(F) The Office of the Inspector General 

4 of the Intelligence Community. 

5 ‘‘(d) DECENNIAL REVIEW OF EXEMPTED OPER6 ATIONAL FILES.—(1) Not less than once every 10 years, 

7 the Director of National Intelligence shall review the ex8 emptions in force under subsection (a) to determine 

9 whether such exemptions may be removed from any cat10 egory of exempted files or any portion thereof. 

11 ‘‘(2) The review required by paragraph (1) shall in12 clude consideration of the historical value or other public 

13 interest in the subject matter of the particular category 

14 of files or portions thereof and the potential for declas15 sifying a significant part of the information contained 

16 therein. 

17 ‘‘(3) A complainant that alleges that the Director of 

18 National Intelligence has improperly withheld records be19 cause of failure to comply with this subsection may seek 

20 judicial review in the district court of the United States 

21 of the district in which any of the parties reside, or in 

22 the District of Columbia. In such a proceeding, the court’s 

23 review shall be limited to determining the following: 

24 ‘‘(A) Whether the Director has conducted the 

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1 tion of the 10-year period beginning on the date of 

2 the enactment of the Intelligence Authorization Act 

3 for Fiscal Year 2010 or before the expiration of the 

4 10-year period beginning on the date of the most re5 cent review. 

6 ‘‘(B) Whether the Director of National Intel7 ligence, in fact, considered the criteria set forth in 

8 paragraph (2) in conducting the required review. 

9 ‘‘(e) SUPERSEDURE OF OTHER LAWS.—The provi10 sions of this section may not be superseded except by a 

11 provision of law that is enacted after the date of the enact12 ment of this section and that specifically cites and repeals 

13 or modifies such provisions. 

14 ‘‘(f) ALLEGATION; IMPROPER WITHHOLDING OF

15 RECORDS; JUDICIAL REVIEW.—(1) Except as provided in 

16 paragraph (2), whenever any person who has requested 

17 agency records under section 552 of title 5, United States 

18 Code, alleges that the Office has withheld records improp19 erly because of failure to comply with any provision of this 

20 section, judicial review shall be available under the terms 

21 set forth in section 552(a)(4)(B) of title 5, United States 

22 Code. 

23 ‘‘(2) Judicial review shall not be available in the man24 ner provided for under paragraph (1) as follows: 


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1 ‘‘(A) In any case in which information specifi2 cally authorized under criteria established by an Ex3 ecutive order to be kept secret in the interests of na4 tional defense or foreign relations is filed with, or 

5 produced for, the court by the Office, such informa6 tion shall be examined ex parte, in camera by the 

7 court. 

8 ‘‘(B) The court shall determine, to the fullest 

9 extent practicable, the issues of fact based on sworn 

10 written submissions of the parties. 

11 ‘‘(C)(i) When a complainant alleges that re12 quested records were improperly withheld because of 

13 improper exemption of operational files, the Office 

14 may meet the burden of the Office under section 

15 552(a)(4)(B) of title 5, United States Code, by dem16 onstrating to the court by sworn written submission 

17 that exempted files likely to contain responsive 

18 records are records provided to the Office by an ele19 ment of the intelligence community from the exempt20 ed operational files of such element. 

21 ‘‘(ii) The court may not order the Office to re22 view the content of any exempted file in order to 

23 make the demonstration required under clause (i), 

24 unless the complainant disputes the Office’s showing 


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1 with a sworn written submission based on personal 

2 knowledge or otherwise admissible evidence. 

3 ‘‘(D) In proceedings under subparagraph (C), a 

4 party may not obtain discovery pursuant to rules 26 

5 through 36 of the Federal Rules of Civil Procedure, 

6 except that requests for admissions may be made 

7 pursuant to rules 26 and 36 of the Federal Rules 

8 of Civil Procedure. 

9 ‘‘(E) If the court finds under this subsection 

10 that the Office has improperly withheld requested 

11 records because of failure to comply with any provi12 sion of this section, the court shall order the Office 

13 to search and review each appropriate exempted file 

14 for the requested records and make such records, or 

15 portions thereof, available in accordance with the 

16 provisions of section 552 of title 5, United States 

17 Code (commonly referred to as the Freedom of In18 formation Act), and such order shall be the exclusive 

19 remedy for failure to comply with this section. 

20 ‘‘(F) If at any time following the filing of a 

21 complaint pursuant to this paragraph the Office 

22 agrees to search each appropriate exempted file for 

23 the requested records, the court shall dismiss the 

24 claim based upon such complaint. 

25 ‘‘(g) DEFINITIONS.—In this section: 


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1 ‘‘(1) The term ‘exempted operational file’ 

2 means a file of an element of the intelligence com3 munity that, in accordance with this title, is exempt4 ed from the provisions of section 552 of title 5, 

5 United States Code, that require search, review, 

6 publication, or disclosure of such file. 

7 ‘‘(2) Except as otherwise specifically provided, 

8 the term ‘Office’ means the Office of the Director of 

9 National Intelligence.’’. 

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

11 of contents in the first section of the National Security 

12 Act of 1947, as amended by section 406(b) of this Act, 

13 is further amended by inserting after the item relating to 

14 section 705 the following new item: 

‘‘Sec. 706. Protection of certain files of the Office of the Director of National 

Intelligence.’’. 

15 SEC. 409. COUNTERINTELLIGENCE INITIATIVES FOR THE 

16 INTELLIGENCE COMMUNITY. 

17 Section 1102 of the National Security Act of 1947 

18 (50 U.S.C. 442a) is amended— 

19 (1) in subsection (a)— 

20 (A) by striking paragraph (2); and 

21 (B) by striking ‘‘(1) In’’ and inserting 

22 ‘‘In’’; and 

23 (2) in subsection (c)— 

24 (A) by striking paragraph (2); and 


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1 (B) by striking ‘‘(1) The’’ and inserting 

2 ‘‘The’’. 

3 SEC. 410. INAPPLICABILITY OF FEDERAL ADVISORY COM4 MITTEE ACT TO ADVISORY COMMITTEES OF 

5 THE OFFICE OF THE DIRECTOR OF NATIONAL 

6 INTELLIGENCE. 

7 (a) IN GENERAL.—Section 4(b) of the Federal Advi8 sory Committee Act (5 U.S.C. App.) is amended— 

9 (1) in paragraph (1), by striking ‘‘or’’; 

10 (2) in paragraph (2), by striking the period and 

11 inserting ‘‘; or’’; and 

12 (3) by adding at the end the following new 

13 paragraph: 

14 ‘‘(3) the Office of the Director of National In15 telligence, if the Director of National Intelligence de16 termines that for reasons of national security such 

17 advisory committee cannot comply with the require18 ments of this Act.’’. 

19 (b) ANNUAL REPORT.— 

20 (1) IN GENERAL.—The Director of National In21 telligence and the Director of the Central Intel22 ligence Agency shall each submit to the congres23 sional intelligence committees an annual report on 

24 advisory committees created by each such Director. 

25 Each report shall include— 


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1 (A) a description of each such advisory 

2 committee, including the subject matter of the 

3 committee; and 

4 (B) a list of members of each such advi5 sory committee. 

6 (2) REPORT ON REASONS FOR ODNI EXCLUSION

7 OF ADVISORY COMMITTEE FROM FACA.—Each report 

8 submitted by the Director of National Intelligence in 

9 accordance with paragraph (1) shall include the rea10 sons for a determination by the Director under sec11 tion 4(b)(3) of the Federal Advisory Committee Act 

12 (5 U.S.C. App.), as added by subsection (a) of this 

13 section, that an advisory committee cannot comply 

14 with the requirements of such Act. 

15 SEC. 411. MEMBERSHIP OF THE DIRECTOR OF NATIONAL 

16 INTELLIGENCE ON THE TRANSPORTATION 

17 SECURITY OVERSIGHT BOARD. 

18 Subparagraph (F) of section 115(b)(1) of title 49, 

19 United States Code, is amended to read as follows: 

20 ‘‘(F) The Director of National Intelligence, 

21 or the Director’s designee.’’. 


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1 SEC. 412. REPEAL OF CERTAIN AUTHORITIES RELATING TO 

2 THE OFFICE OF THE NATIONAL COUNTER3 INTELLIGENCE EXECUTIVE. 

4 (a) REPEAL OF CERTAIN AUTHORITIES.—Section 

5 904 of the Counterintelligence Enhancement Act of 2002 

6 (50 U.S.C. 402c) is amended— 

7 (1) by striking subsections (d), (h), (i), and (j); 

8 (2) by redesignating subsections (e), (f), (g), 

9 (k), (l), and (m) as subsections (d), (e), (f), (g), (h), 

10 and (i), respectively; and 

11 (3) in subsection (f), as redesignated by para12 graph (2), by striking paragraphs (3) and (4). 

13 (b) CONFORMING AMENDMENTS.—Such section 904 

14 is further amended— 

15 (1) in subsection (d), as redesignated by sub16 section (a)(2) of this section, by striking ‘‘subsection 

17 (f)’’ each place it appears in paragraphs (1) and (2) 

18 and inserting ‘‘subsection (e)’’; and 

19 (2) in subsection (e), as so redesignated— 

20 (A) in paragraph (1), by striking ‘‘sub21 section (e)(1)’’ and inserting ‘‘subsection 

22 (d)(1)’’; and 

23 (B) in paragraph (2), by striking ‘‘sub24 section (e)(2)’’ and inserting ‘‘subsection 

25 (d)(2)’’. 


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1 SEC. 413. MISUSE OF THE OFFICE OF THE DIRECTOR OF 

2 NATIONAL INTELLIGENCE NAME, INITIALS, 

3 OR SEAL. 

4 (a) PROHIBITION.—Title XI of the National Security 

5 Act of 1947 (50 U.S.C. 442 et seq.) is amended by adding 

6 at the end the following new section: 

7 ‘‘MISUSE OF THE OFFICE OF THE DIRECTOR OF

8 NATIONAL INTELLIGENCE NAME, INITIALS, OR SEAL

9 ‘‘SEC. 1103. (a) PROHIBITED ACTS.—No person 

10 may, except with the written permission of the Director 

11 of National Intelligence, or a designee of the Director, 

12 knowingly use the words ‘Office of the Director of Na13 tional Intelligence’, the initials ‘ODNI’, the seal of the Of14 fice of the Director of National Intelligence, or any 

15 colorable imitation of such words, initials, or seal in con16 nection with any merchandise, impersonation, solicitation, 

17 or commercial activity in a manner reasonably calculated 

18 to convey the impression that such use is approved, en19 dorsed, or authorized by the Director of National Intel20 ligence. 

21 ‘‘(b) INJUNCTION.—Whenever it appears to the At22 torney General that any person is engaged or is about to 

23 engage in an act or practice which constitutes or will con24 stitute conduct prohibited by subsection (a), the Attorney 

25 General may initiate a civil proceeding in a district court 

26 of the United States to enjoin such act or practice. Such 


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1 court shall proceed as soon as practicable to the hearing 

2 and determination of such action and may, at any time 

3 before final determination, enter such restraining orders 

4 or prohibitions, or take such other action as is warranted, 

5 to prevent injury to the United States or to any person 

6 or class of persons for whose protection the action is 

7 brought.’’. 

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

9 of contents in the first section of such Act, as amended 

10 by section 408 of this Act, is further amended by inserting 

11 after the item relating to section 1102 the following new 

12 item: 

‘‘Sec. 1103. Misuse of the Office of the Director of National Intelligence name, 

initials, or seal.’’. 

13 SEC. 414. PLAN TO IMPLEMENT RECOMMENDATIONS OF 

14 THE DATA CENTER ENERGY EFFICIENCY RE15 PORTS. 

16 (a) PLAN.—The Director of National Intelligence 

17 shall develop a plan to implement the recommendations 

18 of the report submitted to Congress under section 1 of 

19 the Act entitled ‘‘An Act to study and promote the use 

20 of energy efficient computer servers in the United States’’ 

21 (Public Law 109–431; 120 Stat. 2920) across the intel22 ligence community. 

23 (b) REPORT.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of the enactment of this Act, the Di3 rector of National Intelligence shall submit to the 

4 congressional intelligence committees a report con5 taining the plan developed under subsection (a). 

6 (2) FORM.—The report required under para7 graph (1) shall be submitted in unclassified form, 

8 but may include a classified annex. 

9 SEC. 415. DIRECTOR OF NATIONAL INTELLIGENCE SUP10 PORT FOR REVIEWS OF INTERNATIONAL 

11 TRAFFIC IN ARMS REGULATIONS AND EX12 PORT ADMINISTRATION REGULATIONS. 

13 The Director of National Intelligence may provide 

14 support for any review conducted by a department or 

15 agency of the United States Government of the Inter16 national Traffic in Arms Regulations or Export Adminis17 tration Regulations, including a review of technologies and 

18 goods on the United States Munitions List and Commerce 

19 Control List that may warrant controls that are different 

20 or additional to the controls such technologies and goods 

21 are subject to at the time of such review. 


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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 ‘‘Not20 withstanding any other provision of this section and any 

21 other provision of law, an appeal from a decision of a con22 tracting officer of the Central Intelligence Agency relative 

23 to a contract made by that Agency may be filed with 

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1 fied by such contracting officer as the Board to which such 

2 an appeal may be made and such Board shall have juris3 diction to decide that appeal.’’. 

4 SEC. 423. DEPUTY DIRECTOR OF THE CENTRAL INTEL5 LIGENCE AGENCY. 

6 (a) ESTABLISHMENT AND DUTIES OF DEPUTY DI7 RECTOR OF THE CIA.—Title I of the National Security 

8 Act of 1947 (50 U.S.C. 402 et seq.), as amended by sec9 tion 406 of this Act, is further amended by inserting after 

10 section 104A the following new section: 

11 ‘‘DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE

12 AGENCY

13 ‘‘SEC. 104B. (a) DEPUTY DIRECTOR OF THE CEN14 TRAL INTELLIGENCE AGENCY.—There is a Deputy Direc15 tor of the Central Intelligence Agency who shall be ap16 pointed by the President. 

17 ‘‘(b) DUTIES.—The Deputy Director of the Central 

18 Intelligence Agency shall— 

19 ‘‘(1) assist the Director of the Central Intel20 ligence Agency in carrying out the duties and re21 sponsibilities of the Director of the Central Intel22 ligence Agency; and 

23 ‘‘(2) during the absence or disability of the Di24 rector of the Central Intelligence Agency, or during 

25 a vacancy in the position of Director of the Central 


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1 Intelligence Agency, act for and exercise the powers 

2 of the Director of the Central Intelligence Agency.’’. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) EXECUTIVE SCHEDULE III.—Section 5314 

5 of title 5, United States Code, is amended by strik6 ing ‘‘Deputy Directors of Central Intelligence (2)’’ 

7 and inserting ‘‘Deputy Director of the Central Intel8 ligence Agency’’. 

9 (2) TABLE OF CONTENTS AMENDMENT.—The 

10 table of contents in the first section of the National 

11 Security Act of 1947, as amended by section 414 of 

12 this Act, is further amended by inserting after the 

13 item relating to section 104A the following new 

14 item: 

‘‘Sec. 104B. Deputy Director of the Central Intelligence Agency.’’. 

15 (c) APPLICABILITY.—The amendments made by this 

16 section shall apply on the earlier of— 

17 (1) the date of the appointment by the Presi18 dent of an individual to serve as Deputy Director of 

19 the Central Intelligence Agency pursuant to section 

20 104B of the National Security Act of 1947, as 

21 added by subsection (a), except that the individual 

22 administratively performing the duties of the Deputy 

23 Director of the Central Intelligence Agency as of the 

24 date of the enactment of this Act may continue to 

25 perform such duties until the individual appointed to 


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1 the position of Deputy Director of the Central Intel2 ligence Agency assumes the duties of such position; 

3 or 

4 (2) the date of the cessation of the performance 

5 of the duties of the Deputy Director of the Central 

6 Intelligence Agency by the individual administra7 tively performing such duties as of the date of the 

8 enactment of this Act. 

9 SEC. 424. AUTHORITY TO AUTHORIZE TRAVEL ON A COM10 MON CARRIER. 

11 Subsection (b) of section 116 of the National Security 

12 Act of 1947 (50 U.S.C. 404k) is amended by striking the 

13 period at the end and inserting ‘‘, who may delegate such 

14 authority to other appropriate officials of the Central In15 telligence Agency.’’. 

16 SEC. 425. INSPECTOR GENERAL FOR THE CENTRAL INTEL17 LIGENCE AGENCY. 

18 (a) APPOINTMENT AND QUALIFICATIONS OF THE IN19 SPECTOR GENERAL.—Paragraph (1) of section 17(b) of 

20 the Central Intelligence Agency Act of 1949 (50 U.S.C. 

21 403q(b)) is amended by striking the second and third sen22 tences and inserting ‘‘This appointment shall be made 

23 without regard to political affiliation and shall be on the 

24 basis of integrity and demonstrated ability in accounting, 

25 auditing, financial analysis, law, management analysis, 


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1 public administration, or investigation. Such appointment 

2 shall also be made on the basis of compliance with the 

3 security standards of the Agency and prior experience in 

4 the field of foreign intelligence.’’. 

5 (b) REMOVAL OF THE INSPECTOR GENERAL.—Para6 graph (6) of section 17(b) of the Central Intelligence 

7 Agency Act of 1949 (50 U.S.C. 403q(b)) is amended— 

8 (1) by striking ‘‘immediately’’; and 

9 (2) by striking the period at the end and insert10 ing ‘‘not later than 30 days prior to the effective 

11 date of such removal. Nothing in this paragraph 

12 shall be construed to prohibit a personnel action oth13 erwise authorized by law, other than transfer or re14 moval.’’. 

15 (c) APPLICATION OF SEMIANNUAL REPORTING RE16 QUIREMENTS WITH RESPECT TO REVIEW REPORTS.— 

17 Paragraph (1) of section 17(d) of the Central Intelligence 

18 Agency Act of 1949 (50 U.S.C. 403q(d)) is amended in 

19 the matter preceding subparagraph (A) by inserting ‘‘re20 view,’’ after ‘‘investigation,’’. 

21 (d) PROTECTION AGAINST REPRISALS.—Subpara22 graph (B) of section 17(e)(3) of the Central Intelligence 

23 Agency Act of 1949 (50 U.S.C. 403q(e)(3)) is amended 

24 by inserting ‘‘or providing such information’’ after ‘‘mak25 ing such complaint’’. 


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1 (e) INSPECTOR GENERAL SUBPOENA POWER.—Sub2 paragraph (A) of section 17(e)(5) of the Central Intel3 ligence Agency Act of 1949 (50 U.S.C. 403q(e)(5)) is 

4 amended by inserting ‘‘in any medium (including elec5 tronically stored information or any tangible thing)’’ after 

6 ‘‘other data’’. 

7 (f) OTHER ADMINISTRATIVE AUTHORITIES.— 

8 (1) IN GENERAL.—Subsection (e) of section 17 

9 of the Central Intelligence Agency Act of 1949 (50 

10 U.S.C. 403q), as amended by subsections (d) and (e) 

11 of this section, is further amended— 

12 (A) by redesignating paragraph (8) as sub13 paragraph (9); 

14 (B) in paragraph (9), as so redesignated— 

15 (i) by striking ‘‘Subject to the concur16 rence of the Director, the’’ and inserting 

17 ‘‘The’’; and 

18 (ii) by adding at the end the fol19 lowing: ‘‘Consistent with budgetary and 

20 personnel resources allocated by the Direc21 tor, the Inspector General has final ap22 proval of— 

23 ‘‘(A) the selection of internal and external 

24 candidates for employment with the Office of 

25 Inspector General; and 


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1 ‘‘(B) all other personnel decisions con2 cerning personnel permanently assigned to the 

3 Office of Inspector General, including selection 

4 and appointment to the Senior Intelligence 

5 Service, but excluding all security-based deter6 minations that are not within the authority of 

7 a head of other Central Intelligence Agency of8 fices.’’; and 

9 (C) by inserting after paragraph (7) the 

10 following new paragraph: 

11 ‘‘(8)(A) The Inspector General shall— 

12 ‘‘(i) appoint a Counsel to the Inspector General 

13 who shall report to the Inspector General; or 

14 ‘‘(ii) obtain the services of a counsel appointed 

15 by and directly reporting to another Inspector Gen16 eral or the Council of the Inspectors General on In17 tegrity and Efficiency on a reimbursable basis. 

18 ‘‘(B) The counsel appointed or obtained under sub19 paragraph (A) shall perform such functions as the Inspec20 tor General may prescribe.’’. 

21 (2) CONSTRUCTION.—Nothing in the amend22 ment made by paragraph (1)(C) shall be construed 

23 to alter the duties and responsibilities of the General 

24 Counsel of the Central Intelligence Agency. 


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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 new 

8 paragraph: 

9 ‘‘(2) For each fiscal year, the Inspector General shall 

10 transmit a budget estimate and request through the Direc11 tor to the Director of National Intelligence that specifies 

12 for such fiscal year— 

13 ‘‘(A) the aggregate amount requested for the 

14 operations of the Inspector General; 

15 ‘‘(B) the amount requested for all training re16 quirements of the Inspector General, including a cer17 tification from the Inspector General that the 

18 amount requested is sufficient to fund all training 

19 requirements for the Office; and 

20 ‘‘(C) the amount requested to support the 

21 Council of the Inspectors General on Integrity and 

22 Efficiency, including a justification for such amount. 

23 ‘‘(3) In transmitting a proposed budget to the Presi24 dent for a fiscal year, the Director of National Intelligence 

25 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 training; 

6 ‘‘(C) the amount requested to support 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 such proposed budget. 

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)(A); 

22 ‘‘(C) the amount requested by the Director of 

23 National Intelligence for training of personnel of the 

24 Office of the Inspector General pursuant to para25 graph (3)(B); 


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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 pursuant to paragraph (3)(C); and 

5 ‘‘(E) the comments of the Inspector General 

6 under paragraph (3)(D), if any, on the amounts re7 quested pursuant to paragraph (3), including wheth8 er such amounts would substantially inhibit the In9 spector General from performing the duties of the 

10 Office.’’. 

11 SEC. 427. PUBLIC AVAILABILITY OF UNCLASSIFIED 

12 VERSIONS OF CERTAIN INTELLIGENCE PROD13 UCTS. 

14 The Director of the Central Intelligence Agency shall 

15 make publicly available an unclassified version of any 

16 memoranda or finished intelligence products assessing 

17 the— 

18 (1) information gained from high-value detainee 

19 reporting; and 

20 (2) dated April 3, 2003, July 15, 2004, March 

21 2, 2005, and June 1, 2005. 


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1 Subtitle C—Defense Intelligence 

2 Components 

3 SEC. 431. INSPECTOR GENERAL MATTERS. 

4 (a) COVERAGE UNDER INSPECTOR GENERAL ACT OF

5 1978.—Subsection (a)(2) of section 8G of the Inspector 

6 General Act of 1978 (5 U.S.C. App.) is amended— 

7 (1) by inserting ‘‘the Defense Intelligence Agen8 cy,’’ after ‘‘the Corporation for Public Broad9 casting,’’; 

10 (2) by inserting ‘‘the National Geospatial-Intel11 ligence Agency,’’ after ‘‘the National Endowment for 

12 the Humanities,’’; and 

13 (3) by inserting ‘‘the National Reconnaissance 

14 Office, the National Security Agency,’’ after ‘‘the 

15 National Labor Relations Board,’’. 

16 (b) CERTAIN DESIGNATIONS UNDER INSPECTOR

17 GENERAL ACT OF 1978.—Subsection (a) of section 8H 

18 of the Inspector General Act of 1978 (5 U.S.C. App.) is 

19 amended by adding at the end the following new para20 graph: 

21 ‘‘(3) The Inspectors General of the Defense Intel22 ligence Agency, the National Geospatial-Intelligence Agen23 cy, the National Reconnaissance Office, and the National 

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1 eral of the Department of Defense for purposes of this 

2 section.’’. 

3 (c) POWER OF HEADS OF ELEMENTS OVER INVES4 TIGATIONS.—Subsection (d) of section 8G of such Act (5 

5 U.S.C. App.) is amended— 

6 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; 

7 (2) in the second sentence of paragraph (1), as 

8 designated by paragraph (1) of this subsection, by 

9 striking ‘‘The head’’ and inserting ‘‘Except as pro10 vided in paragraph (2), the head’’; and 

11 (3) by adding at the end the following new 

12 paragraph: 

13 ‘‘(2)(A) The Secretary of Defense, in consultation 

14 with the Director of National Intelligence, may prohibit 

15 the inspector general of an element of the intelligence com16 munity specified in subparagraph (D) from initiating, car17 rying out, or completing any audit or investigation if the 

18 Secretary determines that the prohibition is necessary to 

19 protect vital national security interests of the United 

20 States. 

21 ‘‘(B) If the Secretary exercises the authority under 

22 subparagraph (A), the Secretary shall submit to the com23 mittees of Congress specified in subparagraph (E) an ap24 propriately classified statement of the reasons for the exVerDate Mar 15 2010 21:50 Jul 19, 2010 Jkt 089200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 E:\BILLS\S3611.PCS S3611

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1 ercise of such authority not later than 7 days after the 

2 exercise of such authority. 

3 ‘‘(C) At the same time the Secretary submits under 

4 subparagraph (B) a statement on the exercise of the au5 thority in subparagraph (A) to the committees of Congress 

6 specified in subparagraph (E), the Secretary shall notify 

7 the inspector general of such element of the submittal of 

8 such statement and, to the extent consistent with the pro9 tection of intelligence sources and methods, provide such 

10 inspector general with a copy of such statement. Such in11 spector general may submit to such committees of Con12 gress any comments on a notice or statement received by 

13 the inspector general under this subparagraph that the in14 spector general considers appropriate. 

15 ‘‘(D) The elements of the intelligence community 

16 specified in this subparagraph are as follows: 

17 ‘‘(i) The Defense Intelligence Agency. 

18 ‘‘(ii) The National Geospatial-Intelligence Agen19 cy. 

20 ‘‘(iii) The National Reconnaissance Office. 

21 ‘‘(iv) The National Security Agency. 

22 ‘‘(E) The committees of Congress specified in this 

23 subparagraph are— 

24 ‘‘(i) the Committee on Armed Services and the 

25 Select Committee on Intelligence of the Senate; and 


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1 ‘‘(ii) the Committee on Armed Services and the 

2 Permanent Select Committee on Intelligence of the 

3 House of Representatives.’’. 

4 SEC. 432. CLARIFICATION OF NATIONAL SECURITY MIS5 SIONS OF NATIONAL GEOSPATIAL-INTEL6 LIGENCE AGENCY FOR ANALYSIS AND DIS7 SEMINATION OF CERTAIN INTELLIGENCE IN8 FORMATION. 

9 Section 442(a) of title 10, United States Code, is 

10 amended— 

11 (1) by redesignating paragraph (2) as para12 graph (3); 

13 (2) by inserting after paragraph (1) the fol14 lowing new paragraph (2): 

15 ‘‘(2)(A) As directed by the Director of National Intel16 ligence, the National Geospatial-Intelligence Agency shall 

17 develop a system to facilitate the analysis, dissemination, 

18 and incorporation of likenesses, videos, and presentations 

19 produced by ground-based platforms, including handheld 

20 or clandestine photography taken by or on behalf of 

21 human intelligence collection organizations or available as 

22 open-source information, into the National System for 

23 Geospatial Intelligence. 

24 ‘‘(B) The authority provided by this paragraph does 

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1 ligence Agency to manage tasking of handheld or clandes2 tine photography taken by or on behalf of human intel3 ligence collection organizations.’’; and 

4 (3) in paragraph (3), as so redesignated, by 

5 striking ‘‘paragraph (1)’’ and inserting ‘‘paragraphs 

6 (1) and (2)’’. 

7 SEC. 433. DIRECTOR OF COMPLIANCE OF THE NATIONAL 

8 SECURITY AGENCY. 

9 The National Security Agency Act of 1959 (50 

10 U.S.C. 402 note) is amended by inserting after the first 

11 section the following new section: 

12 ‘‘SEC. 2. There is a Director of Compliance of the 

13 National Security Agency, who shall be appointed by the 

14 Director of the National Security Agency and who shall 

15 be responsible for the programs of compliance over mission 

16 activities of the National Security Agency.’’. 

17 Subtitle D—Other Elements 

18 SEC. 441. CODIFICATION OF ADDITIONAL ELEMENTS OF 

19 THE INTELLIGENCE COMMUNITY. 

20 Section 3(4) of the National Security Act of 1947 (50 

21 U.S.C. 401a(4)) is amended— 

22 (1) in subparagraph (H)— 

23 (A) by inserting ‘‘the Coast Guard,’’ after 

24 ‘‘the Marine Corps,’’; and 


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1 (B) by inserting ‘‘the Drug Enforcement 

2 Administration,’’ after ‘‘the Federal Bureau of 

3 Investigation,’’; and 

4 (2) in subparagraph (K), by striking ‘‘, includ5 ing the Office of Intelligence of the Coast Guard’’. 

6 SEC. 442. AUTHORIZATION OF APPROPRIATIONS FOR 

7 COAST GUARD NATIONAL TACTICAL INTE8 GRATION OFFICE. 

9 Title 14, United States Code, is amended— 

10 (1) in paragraph (4) of section 93(a), by strik11 ing ‘‘function’’ and inserting ‘‘function, including re12 search, development, test, or evaluation related to in13 telligence systems and capabilities,’’; and 

14 (2) in paragraph (4) of section 662, by insert15 ing ‘‘intelligence systems and capabilities or’’ after 

16 ‘‘related to’’. 

17 SEC. 443. RETENTION AND RELOCATION BONUSES FOR THE 

18 FEDERAL BUREAU OF INVESTIGATION. 

19 Section 5759 of title 5, United States Code, is 

20 amended— 

21 (1) in subsection (a)(2), by striking ‘‘is trans22 ferred to a different geographic area with a higher 

23 cost of living’’ and inserting ‘‘is subject to a mobility 

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1 ferent geographical area in which there is a shortage 

2 of critical skills’’; 

3 (2) in subsection (b)(2), by striking the period 

4 at the end and inserting ‘‘, including requirements 

5 for a bonus recipient’s repayment of a bonus in cir6 cumstances determined by the Director of the Fed7 eral Bureau of Investigation.’’; 

8 (3) in subsection (c), by striking ‘‘basic pay.’’ 

9 and inserting ‘‘annual rate of basic pay. The bonus 

10 may be paid in a lump sum or installments linked 

11 to completion of periods of service.’’; and 

12 (4) in subsection (d), by striking ‘‘retention 

13 bonus’’ and inserting ‘‘bonus paid under this sec14 tion’’. 

15 SEC. 444. EXTENSION OF THE AUTHORITY OF THE FEDERAL 

16 BUREAU OF INVESTIGATION TO WAIVE MAN17 DATORY RETIREMENT PROVISIONS. 

18 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Sub19 section (b) of section 8335 of title 5, United States Code, 

20 is amended— 

21 (1) in the paragraph (2) enacted by section 

22 112(a)(2) of the Department of Justice Appropria23 tions Act, 2005 (title I of division B of Public Law 

24 108–447; 118 Stat. 2868), by striking ‘‘2009’’ and 

25 inserting ‘‘2011’’; and 


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1 (2) by striking the paragraph (2) enacted by 

2 section 2005(a)(2) of the Intelligence Reform and 

3 Terrorism Prevention Act of 2004 (Public Law 108– 

4 458; 118 Stat. 3704). 

5 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.— 

6 Subsection (b) of section 8425 of title 5, United States 

7 Code, is amended— 

8 (1) in the paragraph (2) enacted by section 

9 112(b)(2) of the Department of Justice Appropria10 tions Act, 2005 (title I of division B of Public Law 

11 108–447; 118 Stat. 2868), by striking ‘‘2009’’ and 

12 inserting ‘‘2011’’; and 

13 (2) by striking the paragraph (2) enacted by 

14 section 2005(b)(2) of the Intelligence Reform and 

15 Terrorism Prevention Act of 2004 (Public Law 108– 

16 458; 118 Stat. 3704). 

17 SEC. 445. REPORT AND ASSESSMENTS ON TRANS18 FORMATION OF THE INTELLIGENCE CAPA19 BILITIES OF THE FEDERAL BUREAU OF IN20 VESTIGATION. 

21 (a) REPORT.— 

22 (1) REQUIREMENT.—Not later than 180 days 

23 after the date of the enactment of this Act, the Di24 rector of the Federal Bureau of Investigation, in 

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1 ligence, shall submit to the congressional intelligence 

2 committees, the Committee on the Judiciary of the 

3 Senate, and the Committee on the Judiciary of the 

4 House of Representatives a report describing— 

5 (A) a long-term vision for the intelligence 

6 capabilities of the National Security Branch of 

7 the Bureau; 

8 (B) a strategic plan for the National Secu9 rity Branch; and 

10 (C) the progress made in advancing the ca11 pabilities of the National Security Branch. 

12 (2) CONTENT.—The report required by para13 graph (1) shall include— 

14 (A) a description of the direction, strategy, 

15 and goals for improving the intelligence capa16 bilities of the National Security Branch; 

17 (B) a description of the intelligence and 

18 national security capabilities of the National 

19 Security Branch that will be fully functional 

20 within the five-year period beginning on the 

21 date on which the report is submitted; 

22 (C) a description— 

23 (i) of the internal reforms that were 

24 carried out at the National Security 

25 Branch during the two-year period ending 


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1 on the date on which the report is sub2 mitted; and 

3 (ii) of the manner in which such re4 forms have advanced the capabilities of the 

5 National Security Branch; 

6 (D) an assessment of the effectiveness of 

7 the National Security Branch in performing 

8 tasks that are critical to the effective func9 tioning of the National Security Branch as an 

10 intelligence agency, including— 

11 (i) human intelligence collection, both 

12 within and outside the parameters of an 

13 existing case file or ongoing investigation, 

14 in a manner that protects civil liberties; 

15 (ii) intelligence analysis, including the 

16 ability of the National Security Branch to 

17 produce, and provide policymakers with, 

18 information on national security threats to 

19 the United States; 

20 (iii) management, including the ability 

21 of the National Security Branch to manage 

22 and develop human capital and implement 

23 an organizational structure that supports 

24 the objectives and strategies of the Branch; 


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1 (iv) integration of the National Secu2 rity Branch into the intelligence commu3 nity, including an ability to robustly share 

4 intelligence and effectively communicate 

5 and operate with appropriate Federal, 

6 State, local, and tribal partners; 

7 (v) implementation of an infrastruc8 ture that supports the national security 

9 and intelligence missions of the National 

10 Security Branch, including proper informa11 tion technology and facilities; and 

12 (vi) reformation of the culture of the 

13 National Security Branch, including the 

14 integration by the Branch of intelligence 

15 analysts and other professional staff into 

16 intelligence collection operations and the 

17 success of the National Security Branch in 

18 ensuring that intelligence and threat infor19 mation drive the operations of the Branch; 

20 (E) performance metrics and specific an21 nual timetables for advancing the performance 

22 of the tasks referred to in clauses (i) through 

23 (vi) of subparagraph (D) and a description of 

24 the activities being undertaken to ensure that 

25 the performance of the National Security 


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1 Branch in carrying out such tasks improves; 

2 and 

3 (F) an assessment of the effectiveness of 

4 the field office supervisory term limit policy of 

5 the Federal Bureau of Investigation that re6 quires the mandatory reassignment of a super7 visor of the Bureau after a specific term of 

8 years. 

9 (b) ANNUAL ASSESSMENTS.— 

10 (1) REQUIREMENT FOR ASSESSMENTS.—Not 

11 later than 180 days after the date on which the re12 port required by subsection (a)(1) is submitted, and 

13 annually thereafter for five years, the Director of 

14 National Intelligence, in consultation with the Direc15 tor of the Federal Bureau of Investigation, shall 

16 submit to the congressional intelligence committees 

17 an assessment of the performance of the National 

18 Security Branch in carrying out the tasks referred 

19 to in clauses (i) through (vi) of subsection (a)(2)(D) 

20 in comparison to such performance during previous 

21 years. 

22 (2) CONSIDERATIONS.—In conducting each as23 sessment required by paragraph (1), the Director of 

24 National Intelligence— 


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1 (A) shall use the performance metrics and 

2 specific annual timetables for carrying out such 

3 tasks referred to in subsection (a)(2)(E); and 

4 (B) may request the assistance of any ex5 pert that the Director considers appropriate, in6 cluding an inspector general of an appropriate 

7 department or agency. 

8 TITLE V—REORGANIZATION OF 

9 THE DIPLOMATIC TELE10 COMMUNICATIONS SERVICE 

11 PROGRAM OFFICE 

12 SEC. 501. REORGANIZATION OF THE DIPLOMATIC TELE13 COMMUNICATIONS SERVICE PROGRAM OF14 FICE. 

15 (a) REORGANIZATION OF THE DIPLOMATIC TELE16 COMMUNICATIONS SERVICE PROGRAM OFFICE.— 

17 (1) IN GENERAL.—Subtitle B of title III of the 

18 Intelligence Authorization Act for Fiscal Year 2001 

19 (Public Law 106–567; 22 U.S.C. 7301 et seq.) is 

20 amended by striking sections 321, 322, 323, and 

21 324, and inserting the following new sections: 

22 ‘‘SEC. 321. DIPLOMATIC TELECOMMUNICATIONS SERVICE 

23 PROGRAM OFFICE. 

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1 suant to title V of Public Law 102–140 shall be reorga2 nized in accordance with this subtitle. 

3 ‘‘(b) DUTIES.—The duties of the DTS–PO include 

4 implementing a program for the establishment and main5 tenance of a DTS Network capable of providing multiple 

6 levels of service to meet the wide-ranging needs of all 

7 United States Government departments and agencies op8 erating from diplomatic and consular facilities outside of 

9 the United States, including national security needs for 

10 secure, reliable, and robust communications capabilities. 

11 ‘‘SEC. 322. ESTABLISHMENT OF THE DIPLOMATIC TELE12 COMMUNICATIONS SERVICE GOVERNANCE 

13 BOARD. 

14 ‘‘(a) GOVERNANCE BOARD.— 

15 ‘‘(1) ESTABLISHMENT.—There is established 

16 the Diplomatic Telecommunications Service Govern17 ance Board to direct and oversee the activities and 

18 performance of the DTS–PO. 

19 ‘‘(2) EXECUTIVE AGENT.— 

20 ‘‘(A) DESIGNATION.—The Director of the 

21 Office of Management and Budget shall des22 ignate, from among the departments and agen23 cies of the United States Government that use 

24 the DTS Network, a department or agency as 

25 the DTS–PO Executive Agent. 


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1 ‘‘(B) DUTIES.—The Executive Agent des2 ignated under subparagraph (A) shall— 

3 ‘‘(i) nominate a Director of the DTS– 

4 PO for approval by the Governance Board 

5 in accordance with subsection (e); and 

6 ‘‘(ii) perform such other duties as es7 tablished by the Governance Board in the 

8 determination of written implementing ar9 rangements and other relevant and appro10 priate governance processes and proce11 dures under paragraph (3). 

12 ‘‘(3) REQUIREMENT FOR IMPLEMENTING AR13 RANGEMENTS.—Subject to the requirements of this 

14 subtitle, the Governance Board shall determine the 

15 written implementing arrangements and other rel16 evant and appropriate governance processes and pro17 cedures to manage, oversee, resource, or otherwise 

18 administer the DTS–PO. 

19 ‘‘(b) MEMBERSHIP.— 

20 ‘‘(1) SELECTION.—The Director of the Office 

21 of Management and Budget shall designate from 

22 among the departments and agencies that use the 

23 DTS Network— 

24 ‘‘(A) four departments and agencies to 

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1 ance Board from the personnel of such depart2 ments and agencies; and 

3 ‘‘(B) any other departments and agencies 

4 that the Director considers appropriate to each 

5 appoint one nonvoting member of the Govern6 ance Board from the personnel of such depart7 ments and agencies. 

8 ‘‘(2) VOTING AND NONVOTING MEMBERS.—The 

9 Governance Board shall consist of voting members 

10 and nonvoting members as follows: 

11 ‘‘(A) VOTING MEMBERS.—The voting 

12 members shall consist of a Chair, who shall be 

13 designated by the Director of the Office of 

14 Management and Budget, and the four mem15 bers appointed by departments and agencies 

16 designated under paragraph (1)(A). 

17 ‘‘(B) NONVOTING MEMBERS.—The non18 voting members shall consist of the members 

19 appointed by departments and agencies des20 ignated under paragraph (1)(B) and shall act 

21 in an advisory capacity. 

22 ‘‘(c) CHAIR DUTIES AND AUTHORITIES.—The Chair 

23 of the Governance Board shall— 

24 ‘‘(1) preside over all meetings and deliberations 

25 of the Governance Board; 


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1 ‘‘(2) provide the Secretariat functions of the 

2 Governance Board; and 

3 ‘‘(3) propose bylaws governing the operation of 

4 the Governance Board. 

5 ‘‘(d) QUORUM, DECISIONS, MEETINGS.—A quorum 

6 of the Governance Board shall consist of the presence of 

7 the Chair and four voting members. The decisions of the 

8 Governance Board shall require a majority of the voting 

9 membership. The Chair shall convene a meeting of the 

10 Governance Board not less than four times each year to 

11 carry out the functions of the Governance Board. The 

12 Chair or any voting member may convene a meeting of 

13 the Governance Board. 

14 ‘‘(e) GOVERNANCE BOARD DUTIES.—The Govern15 ance Board shall have the following duties with respect 

16 to the DTS–PO: 

17 ‘‘(1) To approve and monitor the plans, serv18 ices, priorities, policies, and pricing methodology of 

19 the DTS–PO for bandwidth costs and projects car20 ried out at the request of a department or agency 

21 that uses the DTS Network. 

22 ‘‘(2) To provide to the DTS–PO Executive 

23 Agent the recommendation of the Governance Board 

24 with respect to the approval, disapproval, or modi25 fication of each annual budget request for the DTS– 


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1 PO, prior to the submission of any such request by 

2 the Executive Agent. 

3 ‘‘(3) To review the performance of the DTS– 

4 PO against plans approved under paragraph (1) and 

5 the management activities and internal controls of 

6 the DTS–PO. 

7 ‘‘(4) To require from the DTS–PO any plans, 

8 reports, documents, and records the Governance 

9 Board considers necessary to perform its oversight 

10 responsibilities. 

11 ‘‘(5) To conduct and evaluate independent au12 dits of the DTS–PO. 

13 ‘‘(6) To approve or disapprove the nomination 

14 of the Director of the DTS–PO by the Executive 

15 Agent with a majority vote of the Governance 

16 Board. 

17 ‘‘(7) To recommend to the Executive Agent the 

18 replacement of the Director of the DTS–PO with a 

19 majority vote of the Governance Board. 

20 ‘‘(f) NATIONAL SECURITY INTERESTS.—The Govern21 ance Board shall ensure that those enhancements of, and 

22 the provision of service for, telecommunication capabilities 

23 that involve the national security interests of the United 

24 States receive the highest prioritization. 


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1 ‘‘SEC. 323. FUNDING OF THE DIPLOMATIC TELECOMMUNI2 CATIONS SERVICE. 

3 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated such sums as may be 

5 necessary for the operations, maintenance, development, 

6 enhancement, modernization, and investment costs of the 

7 DTS Network and the DTS–PO. Funds appropriated for 

8 allocation to the DTS–PO shall remain available to the 

9 DTS–PO for a period of two fiscal years. 

10 ‘‘(b) FEES.—The DTS–PO shall charge a depart11 ment or agency that uses the DTS Network for only those 

12 bandwidth costs attributable to such department or agency 

13 and for specific projects carried out at the request of such 

14 department or agency, pursuant to the pricing method15 ology for such bandwidth costs and such projects approved 

16 under section 322(e)(1), for which amounts have not been 

17 appropriated for allocation to the DTS–PO. The DTS– 

18 PO is authorized to directly receive payments from depart19 ments or agencies that use the DTS Network and to in20 voice such departments or agencies for the fees under this 

21 section either in advance of, or upon or after, providing 

22 the bandwidth or performing such projects. Such funds 

23 received from such departments or agencies shall remain 

24 available to the DTS–PO for a period of two fiscal years. 

25 ‘‘SEC. 324. DEFINITIONS. 

26 ‘‘In this subtitle: 


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1 ‘‘(1) DTS NETWORK.—The term ‘DTS Net2 work’ means the worldwide telecommunications net3 work supporting all United States Government agen4 cies and departments operating from diplomatic and 

5 consular facilities outside of the United States. 

6 ‘‘(2) DTS–PO.—The term ‘DTS–PO’ means 

7 the Diplomatic Telecommunications Service Program 

8 Office. 

9 ‘‘(3) GOVERNANCE BOARD.—The term ‘Govern10 ance Board’ means the Diplomatic Telecommuni11 cations Service Governance Board established under 

12 section 322(a)(1).’’. 

13 (2) TABLE OF CONTENTS AMENDMENT.—The 

14 table of contents in section 1(b) of the Intelligence 

15 Authorization Act for Fiscal Year 2001 (Public Law 

16 106–567; 114 Stat. 2831) is amended by striking 

17 the items relating to sections 321, 322, 323, and 

18 324 and inserting the following new items: 

‘‘Sec. 321. Diplomatic Telecommunications Service Program Office. 

‘‘Sec. 322. Establishment of the Diplomatic Telecommunications Service Governance Board. 

‘‘Sec. 323. Funding of the Diplomatic Telecommunications Service. 

‘‘Sec. 324. Definitions.’’. 

19 (b) CONFORMING AMENDMENTS.— 

20 (1) REPEAL OF SUSPENSION OF REORGANIZA21 TION.— 

22 (A) REPEAL.—The Intelligence Authoriza23 tion Act for Fiscal Year 2002 (Public Law 


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1 107–108; 22 U.S.C. 7301 note) is amended by 

2 striking section 311. 

3 (B) TABLE OF CONTENTS AMENDMENT.— 

4 The table of contents in section 1 of such Act 

5 is amended by striking the item relating to sec6 tion 311. 

7 (2) REPEAL OF REFORM.— 

8 (A) REPEAL.—The Admiral James W. 

9 Nance and Meg Donovan Foreign Relations Au10 thorization Act, Fiscal Years 2000 and 2001 

11 (as enacted into law by section 1000(a)(7) of 

12 Public Law 106–113 and contained in appendix 

13 G of that Act; 113 Stat. 1501A–405) is amend14 ed by striking section 305. 

15 (B) TABLE OF CONTENTS AMENDMENT.— 

16 The table of contents in section 2(b) of such 

17 Act is amended by striking the item related to 

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)), as amended by section 351 of 

22 this Act, is further amended— 

23 (A) by striking paragraph (3); and 

24 (B) by redesignating paragraphs (4) and 

25 (5) as paragraphs (3) and (4), respectively. 


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1 TITLE VI—FOREIGN INTEL2 LIGENCE AND INFORMATION 

3 COMMISSION ACT 

4 SEC. 601. SHORT TITLE. 

5 This title may be cited as the ‘‘Foreign Intelligence 

6 and Information Commission Act’’. 

7 SEC. 602. DEFINITIONS. 

8 In this title: 

9 (1) COMMISSION.—The term ‘‘Commission’’ 

10 means the Foreign Intelligence and Information 

11 Commission established in section 603(a). 

12 (2) FOREIGN INTELLIGENCE; INTELLIGENCE.— 

13 The terms ‘‘foreign intelligence’’ and ‘‘intelligence’’ 

14 have the meaning given those terms in section 3 of 

15 the National Security Act of 1947 (50 U.S.C. 401a). 

16 (3) INFORMATION.—The term ‘‘information’’ 

17 includes information of relevance to the foreign pol18 icy of the United States collected and conveyed 

19 through diplomatic reporting and other reporting by 

20 personnel of the United States Government who are 

21 not employed by an element of the intelligence com22 munity, including public and open-source informa23 tion. 


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1 SEC. 603. ESTABLISHMENT AND FUNCTIONS OF THE COM2 MISSION. 

3 (a) ESTABLISHMENT.—There is established in the 

4 legislative branch a Foreign Intelligence and Information 

5 Commission. 

6 (b) PURPOSE.—The purpose of the Commission is to 

7 evaluate systems and processes at the strategic, inter8 agency level and provide recommendations accordingly, 

9 and not to seek to duplicate the functions of the Director 

10 of National Intelligence. 

11 (c) FUNCTIONS.—The Commission shall— 

12 (1) evaluate the 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 integrate the in21 telligence community with other elements of the 

22 United States Government, potentially including the 

23 development of an interagency strategy that identi24 fies— 

25 (A) the collection, reporting, and analysis 

26 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, with regard to mis4 sions, comparative institutional advantages, and 

5 any other relevant factors; and 

6 (C) interagency budget and resource allo7 cations necessary to achieve such collection, re8 porting, and analytical requirements; 

9 (3) evaluate the extent to which current intel10 ligence collection, reporting, and analysis strategies 

11 are intended to provide global coverage and antici12 pate future threats, challenges, and crises; 

13 (4) provide recommendations on how to incor14 porate into the interagency strategy the means to 

15 anticipate future threats, challenges, and crises, in16 cluding by identifying and supporting collection, re17 porting, and analytical capabilities that are global in 

18 scope and directed at emerging, long-term, and stra19 tegic targets; 

20 (5) provide recommendations on strategies for 

21 sustaining human and budgetary resources to effect 

22 the global collection and reporting missions identi23 fied in the interagency strategy, including the 

24 prepositioning of collection and reporting capabili25 ties; 


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1 (6) provide recommendations for developing, 

2 clarifying, and, if necessary, bolstering current and 

3 future collection and reporting roles and capabilities 

4 of elements of the United States Government that 

5 are not elements of the intelligence community de6 ployed in foreign countries; 

7 (7) provide recommendations related to the role 

8 of individual country missions in contributing to the 

9 interagency strategy; 

10 (8) evaluate the extent to which the establish11 ment of new embassies and out-of-embassy posts are 

12 able to contribute to expanded global coverage and 

13 increased collection and reporting and provide rec14 ommendations related to the establishment of new 

15 embassies and out-of-embassy posts; 

16 (9) provide recommendations on executive or 

17 legislative changes necessary to establish any new 

18 executive branch entity or to expand the authorities 

19 of any existing executive branch entity, as needed to 

20 improve the strategic integration referred to in para21 graph (1) and develop and oversee the implementa22 tion of any interagency strategy; 

23 (10) provide recommendations on processes for 

24 developing and presenting to Congress budget re25 quests for each relevant element of the United 


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1 States Government that reflect the allocations iden2 tified in the interagency strategy and for congres3 sional oversight of the development and implementa4 tion of the strategy; and 

5 (11) provide recommendations on any institu6 tional reforms related to the collection and reporting 

7 roles of individual elements of the United States 

8 Government outside the intelligence community, as 

9 well as any budgetary, legislative, or other changes 

10 needed to achieve such reforms. 

11 SEC. 604. MEMBERS AND STAFF OF THE COMMISSION. 

12 (a) MEMBERS OF THE COMMISSION.— 

13 (1) APPOINTMENT.—The Commission shall be 

14 composed of 10 members as follows: 

15 (A) Two members appointed by the major16 ity leader of the Senate. 

17 (B) Two members appointed by the minor18 ity leader of the Senate. 

19 (C) Two members appointed by the Speak20 er of the House of Representatives. 

21 (D) Two members appointed by the minor22 ity leader of the House of Representatives. 

23 (E) One nonvoting member appointed by 

24 the Director of National Intelligence. 


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1 (F) One nonvoting member appointed by 

2 the Secretary of State. 

3 (2) SELECTION.— 

4 (A) IN GENERAL.—Members of the Com5 mission shall be individuals who— 

6 (i) are not officers or employees of the 

7 United States Government or any State or 

8 local government; and 

9 (ii) have knowledge and experience— 

10 (I) in foreign information and in11 telligence collection, reporting, and 

12 analysis, including clandestine collec13 tion and classified analysis (such as 

14 experience in the intelligence commu15 nity), diplomatic reporting and anal16 ysis, and collection of public and 

17 open-source information; 

18 (II) in issues related to the na19 tional security and foreign policy of 

20 the United States gained by serving 

21 as a senior official of the Department 

22 of State, a member of the Foreign 

23 Service, an employee or officer of an 

24 appropriate department or agency of 

25 the United States, or an independent 


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1 organization with expertise in the field 

2 of international affairs; or 

3 (III) with foreign policy decision4 making. 

5 (B) DIVERSITY OF EXPERIENCE.—The in6 dividuals appointed to the Commission should 

7 be selected with a view to establishing diversity 

8 of experience with regard to various geographic 

9 regions, functions, and issues. 

10 (3) CONSULTATION.—The Speaker and the mi11 nority leader of the House of Representatives, the 

12 majority leader and the minority leader of the Sen13 ate, the Director of National Intelligence, and the 

14 Secretary of State shall consult among themselves 

15 prior to the appointment of the members of the 

16 Commission in order to achieve, to the maximum ex17 tent possible, fair and equitable representation of 

18 various points of view with respect to the matters to 

19 be considered by the Commission in accordance with 

20 this title. 

21 (4) TIME OF APPOINTMENT.—The appoint22 ments under subsection (a) shall be made— 

23 (A) after the date on which funds are first 

24 appropriated for the Commission pursuant to 

25 section 609; and 


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1 (B) not later than 60 days after such date. 

2 (5) TERM OF APPOINTMENT.—Members shall 

3 be appointed for the life of the Commission. 

4 (6) VACANCIES.—Any vacancy of the Commis5 sion shall not affect the powers of the Commission 

6 and shall be filled in the manner in which the origi7 nal appointment was made. 

8 (7) CHAIR.—The voting members of the Com9 mission shall designate one of the voting members to 

10 serve as the chair of the Commission. 

11 (8) QUORUM.—Five voting members of the 

12 Commission shall constitute a quorum for purposes 

13 of transacting the business of the Commission. 

14 (9) MEETINGS.—The Commission shall meet at 

15 the call of the chair and shall meet regularly, not 

16 less than once every 3 months, during the life of the 

17 Commission. 

18 (b) STAFF.— 

19 (1) IN GENERAL.—The chair of the Commission 

20 may, without regard to the provisions of title 5, 

21 United States Code, governing appointments in the 

22 competitive service and chapter 51 and subchapter 

23 III of chapter 53 of that title relating to classifica24 tion of positions and General Schedule pay rates, ap25 point and terminate an executive director and, in 


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1 consultation with the executive director, appoint and 

2 terminate such other additional personnel as may be 

3 necessary to enable the Commission to perform its 

4 duties. In addition to the executive director and one 

5 full-time support staff for the executive director, 

6 there shall be additional staff with relevant intel7 ligence and foreign policy experience to support the 

8 work of the Commission. 

9 (2) SELECTION OF THE EXECUTIVE DIREC10 TOR.—The executive director shall be selected with 

11 the approval of a majority of the voting members of 

12 the Commission. 

13 (3) COMPENSATION.— 

14 (A) EXECUTIVE DIRECTOR.—The executive 

15 director shall be compensated at the maximum 

16 annual rate payable for an employee of a stand17 ing committee of the Senate under section 

18 105(e) of the Legislative Branch Appropriations 

19 Act, 1968 (2 U.S.C. 61–1(e)), as adjusted by 

20 any order of the President pro tempore of the 

21 Senate. 

22 (B) STAFF.—The chair of the Commission 

23 may fix the compensation of other personnel of 

24 the Commission without regard to chapter 51 

25 and subchapter III of chapter 53 of title 5, 


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1 United States Code, relating to classification of 

2 positions and General Schedule pay rates, ex3 cept that the rate of pay for such personnel 

4 may not exceed the maximum annual rate pay5 able for an employee of a standing committee of 

6 the Senate under section 105(e) of the Legisla7 tive Branch Appropriations Act, 1968 (2 U.S.C. 

8 61–1(e)), as adjusted by any order of the Presi9 dent pro tempore of the Senate. 

10 (c) EXPERTS AND CONSULTANTS.—The Commission 

11 is authorized to procure temporary or intermittent services 

12 of experts and consultants as necessary to the extent au13 thorized by section 3109 of title 5, United States Code, 

14 at rates for individuals not to exceed the daily equivalent 

15 of the maximum annual rate of basic pay payable under 

16 section 5376 of such title. 

17 (d) STAFF AND SERVICES OF OTHER AGENCIES OR

18 DEPARTMENTS OF THE UNITED STATES.—Upon the re19 quest of the Commission, the head of a department or 

20 agency of the United States may detail, on a reimbursable 

21 or nonreimbursable basis, any of the personnel of that de22 partment or agency to the Commission to assist the Com23 mission in carrying out this title. The detail of any such 

24 personnel shall be without interruption or loss of civil serv25 ice or Foreign Service status or privilege. 


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1 (e) SECURITY CLEARANCE.—The appropriate depart2 ments or agencies of the United States shall cooperate 

3 with the Commission in expeditiously providing to the 

4 members and staff of the Commission appropriate security 

5 clearances to the extent possible pursuant to existing pro6 cedures and requirements. 

7 (f) REPORTS UNDER ETHICS IN GOVERNMENT ACT

8 OF 1978.—Notwithstanding any other provision of law, 

9 for purposes of title I of the Ethics in Government Act 

10 of 1978 (5 U.S.C. App.), each member and staff of the 

11 Commission— 

12 (1) shall be deemed to be an officer or employee 

13 of the Congress (as defined in section 109(13) of 

14 such title); and 

15 (2) shall file any report required to be filed by 

16 such member or such staff (including by virtue of 

17 the application of paragraph (1)) under title I of the 

18 Ethics in Government Act of 1978 (5 U.S.C. App.) 

19 with the Secretary of the Senate. 

20 SEC. 605. POWERS AND DUTIES OF THE COMMISSION. 

21 (a) HEARINGS AND EVIDENCE.—The Commission 

22 may hold such hearings, sit and act at such times and 

23 places, take such testimony, and receive such evidence as 

24 the Commission considers advisable to carry out this title. 


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1 (b) INFORMATION FROM FEDERAL AGENCIES.—The 

2 Commission may secure directly from any department or 

3 agency of the United States such information as the Com4 mission considers necessary to carry out this title. Upon 

5 request of the chair of the Commission, the head of such 

6 department or agency shall furnish such information to 

7 the Commission, subject to applicable law. 

8 (c) POSTAL SERVICES.—The Commission may use 

9 the United States mails in the same manner and under 

10 the same conditions as a department or agency of the 

11 United States. 

12 (d) 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 (e) ADMINISTRATIVE PROCEDURES.—The Commis19 sion may adopt such rules and regulations, relating to ad20 ministrative procedure, as may be reasonably necessary to 

21 enable the Commission to carry out this title. 

22 (f) 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 (g) GIFTS.—No member or staff of the Commission 

12 may receive a gift or benefit by reason of the service of 

13 such member or staff to the Commission. 

14 SEC. 606. REPORT OF THE COMMISSION. 

15 (a) IN GENERAL.— 

16 (1) INTERIM REPORT.—Not later than 300 

17 days after the date on which all members of the 

18 Commission are appointed under section 604(a), the 

19 Commission shall submit to the congressional intel20 ligence committees an interim report setting forth 

21 the preliminary evaluations and recommendations of 

22 the Commission described in section 603(c). 

23 (2) FINAL REPORT.—Not later than 60 days 

24 after the date of the submission of the report re25 quired by paragraph (1), the Commission shall subVerDate Mar 15 2010 21:50 Jul 19, 2010 Jkt 089200 PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 E:\BILLS\S3611.PCS S3611

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1 mit a final report setting forth the final evaluations 

2 and recommendations of the Commission described 

3 in section 603(c) to each of 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 in15 dividual or dissenting views in a report required by para16 graph (1) or (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 unclassified form, but may include a classified 

21 annex. 

22 SEC. 607. TERMINATION. 

23 (a) IN GENERAL.—The Commission shall terminate 

24 on the date that is 60 days after the date of the submis25 sion of the report required by section 606(a)(2). 


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1 (b) TRANSFER OF RECORDS.—Upon the termination 

2 of the Commission under subsection (a), all records, files, 

3 documents, and other materials in the possession, custody, 

4 or control of the Commission shall be transferred to the 

5 Select Committee on Intelligence of the Senate and 

6 deemed to be records of such Committee. 

7 SEC. 608. NONAPPLICABILITY OF FEDERAL ADVISORY COM8 MITTEE ACT. 

9 The Federal Advisory Committee Act (5 U.S.C. App.) 

10 shall not apply to the Commission. 

11 SEC. 609. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) IN GENERAL.—There is authorized to be appro13 priated such sums as may be necessary to carry out this 

14 title. 

15 (b) AVAILABILITY.—Amounts made available to the 

16 Commission pursuant to subsection (a) shall remain avail17 able until expended. 

18 TITLE VII—OTHER MATTERS 

19 SEC. 701. EXTENSION OF NATIONAL COMMISSION FOR THE 

20 REVIEW OF THE RESEARCH AND DEVELOP21 MENT PROGRAMS OF THE UNITED STATES IN22 TELLIGENCE COMMUNITY. 

23 (a) EXTENSION.— 

24 (1) IN GENERAL.—Effective on the date on 

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1 section (b)(1) and subject to paragraph (3), sub2 section (a) of section 1007 of the Intelligence Au3 thorization Act for Fiscal Year 2003 (Public Law 

4 107–306; 50 U.S.C. 401 note) is amended by strik5 ing ‘‘September 1, 2004,’’ and inserting ‘‘one year 

6 after the date on which all members of the Commis7 sion are appointed pursuant to section 701(a)(3) of 

8 the Intelligence Authorization Act for Fiscal Year 

9 2010,’’. 

10 (2) APPLICABILITY OF AMENDMENT.—The 

11 amendment made by paragraph (1) shall take effect 

12 as if included in the enactment of such section 1007. 

13 (3) COMMISSION MEMBERSHIP.—The member14 ship of the National Commission for the Review of 

15 the Research and Development Programs of the 

16 United States Intelligence Community established 

17 under subsection (a) of section 1002 of such Act 

18 (Public Law 107–306; 50 U.S.C. 401 note) (referred 

19 to in this section as the ‘‘Commission’’) shall be con20 sidered vacant and new members shall be appointed 

21 in accordance with such section 1002, as amended 

22 by subparagraph (B). 

23 (4) CLARIFICATION OF DUTIES.—Section 

24 1002(i) of such Act is amended in the matter pre25 ceding paragraph (1) by striking ‘‘including—’’ and 


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1 inserting ‘‘including advanced research and develop2 ment programs and activities. Such review shall in3 clude—’’. 

4 (b) FUNDING.— 

5 (1) IN GENERAL.—There is authorized to be 

6 appropriated such sums as may be necessary to 

7 carry out this section. 

8 (2) AVAILABILITY.—Amounts made available to 

9 the Commission pursuant to paragraph (1) shall re10 main available until expended. 

11 (3) REPEAL OF EXISTING FUNDING AUTHOR12 ITY.—Section 1010 of the Intelligence Authorization 

13 Act for Fiscal Year 2003 (Public Law 107–306; 50 

14 U.S.C. 401 note) is repealed. 

15 (c) TECHNICAL AMENDMENTS.— 

16 (1) DIRECTOR OF CENTRAL INTELLIGENCE.— 

17 The Intelligence Authorization Act for Fiscal Year 

18 2003 (Public Law 107–306) is amended by striking 

19 ‘‘Director of Central Intelligence’’ each place it ap20 pears and inserting ‘‘Director of National Intel21 ligence’’ in the following provisions: 

22 (A) Section 1002(h)(2). 

23 (B) Section 1003(d)(1). 

24 (C) Section 1006(a)(1). 

25 (D) Section 1006(b). 


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1 (E) Section 1007(a). 

2 (F) Section 1008. 

3 (2) DEPUTY DIRECTOR OF CENTRAL INTEL4 LIGENCE FOR COMMUNITY MANAGEMENT.—Para5 graph (1) of section 1002(b) of such Act is amended 

6 by striking ‘‘The Deputy Director of Central Intel7 ligence for Community Management.’’ and inserting 

8 ‘‘The Principal Deputy Director of National Intel9 ligence.’’. 

10 SEC. 702. CLASSIFICATION REVIEW OF EXECUTIVE BRANCH 

11 MATERIALS IN THE POSSESSION OF THE 

12 CONGRESSIONAL INTELLIGENCE COMMIT13 TEES. 

14 The Director of National Intelligence is authorized to 

15 conduct, at the request of one of the congressional intel16 ligence committees and in accordance with procedures es17 tablished by that committee, a classification review of ma18 terials in the possession of that committee that— 

19 (1) are not less than 25 years old; and 

20 (2) were created, or provided to that committee, 

21 by an entity in the executive branch. 


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1 TITLE VIII—TECHNICAL 

2 AMENDMENTS 

3 SEC. 801. TECHNICAL AMENDMENTS TO THE FOREIGN IN4 TELLIGENCE SURVEILLANCE ACT OF 1978. 

5 The Foreign Intelligence Surveillance Act of 1978 

6 (50 U.S.C. 1801 et seq.) is amended— 

7 (1) in section 101— 

8 (A) in subsection (a), by moving paragraph 

9 (7) two ems to the right; and 

10 (B) by moving subsections (b) through (p) 

11 two ems to the right; 

12 (2) in section 103, by redesignating subsection 

13 (i) as subsection (h); 

14 (3) in section 109(a)— 

15 (A) in paragraph (1), by striking ‘‘section 

16 112.;’’ and inserting ‘‘section 112;’’; and 

17 (B) in paragraph (2), by striking the sec18 ond period; 

19 (4) in section 301(1), by striking ‘‘ ‘United 

20 States’ ’’ and all that follows through ‘‘and ‘State’ ’’ 

21 and inserting ‘‘ ‘United States’, ‘person’, ‘weapon of 

22 mass destruction’, and ‘State’ ’’; 

23 (5) in section 304(b), by striking ‘‘subsection 

24 (a)(3)’’ and inserting ‘‘subsection (a)(2)’’; and 


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1 (6) in section 502(a), by striking ‘‘a annual’’ 

2 and inserting ‘‘an annual’’. 

3 SEC. 802. TECHNICAL AMENDMENTS TO THE CENTRAL IN4 TELLIGENCE AGENCY ACT OF 1949. 

5 The Central Intelligence Agency Act of 1949 (50 

6 U.S.C. 403a et seq.) is amended— 

7 (1) in paragraph (1) of section 5(a), by striking 

8 ‘‘authorized under paragraphs (2) and (3) of section 

9 102(a), subsections (c)(7) and (d) of section 103, 

10 subsections (a) and (g) of section 104, and section 

11 303 of the National Security Act of 1947 (50 U.S.C. 

12 403(a)(2), (3), 403–3(c)(7), (d), 403–4(a), (g), and 

13 405)’’ and inserting ‘‘authorized under section 104A 

14 of the National Security Act of 1947 (50 U.S.C. 

15 403–4a).’’; and 

16 (2) in section 17(d)(3)(B)— 

17 (A) in clause (i), by striking ‘‘advise’’ and 

18 inserting ‘‘advice’’; and 

19 (B) by amending clause (ii) to read as fol20 lows: 

21 ‘‘(ii) holds or held the position in the 

22 Agency, including such a position held on an 

23 acting basis, of— 

24 ‘‘(I) Deputy Director; 

25 ‘‘(II) Associate Deputy Director; 


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1 ‘‘(III) Director of the National Clan2 destine Service; 

3 ‘‘(IV) Director of Intelligence; 

4 ‘‘(V) Director of Support; or 

5 ‘‘(VI) Director of Science and Tech6 nology.’’. 

7 SEC. 803. TECHNICAL AMENDMENTS TO TITLE 10, UNITED 

8 STATES CODE. 

9 Section 528(c) of title 10, United States Code, is 

10 amended— 

11 (1) in the heading, by striking ‘‘ASSOCIATE DI12 RECTOR OF CIA FOR MILITARY AFFAIRS’’ and in13 serting ‘‘ASSOCIATE DIRECTOR OF MILITARY AF14 FAIRS, CIA’’; and 

15 (2) by striking ‘‘Associate Director of the Cen16 tral Intelligence Agency for Military Affairs’’ and in17 serting ‘‘Associate Director of Military Affairs, Cen18 tral Intelligence Agency, or any successor position’’. 

19 SEC. 804. TECHNICAL AMENDMENTS TO THE NATIONAL SE20 CURITY ACT OF 1947. 

21 The National Security Act of 1947 (50 U.S.C. 401 

22 et seq.) is amended— 

23 (1) in section 3(4)(L), by striking ‘‘other’’ the 

24 second place it appears; 

25 (2) in section 102A— 


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1 (A) in subsection (c)(3)(A), by striking 

2 ‘‘annual budgets for the Joint Military Intel3 ligence Program and for Tactical Intelligence 

4 and Related Activities’’ and inserting ‘‘annual 

5 budget for the Military Intelligence Program or 

6 any successor program or programs’’; 

7 (B) in subsection (d)— 

8 (i) in paragraph (1)(B), by striking 

9 ‘‘Joint Military Intelligence Program’’ and 

10 inserting ‘‘Military Intelligence Program or 

11 any successor program or programs’’; 

12 (ii) in paragraph (3) in the matter 

13 preceding subparagraph (A), by striking 

14 ‘‘subparagraph (A)’’ and inserting ‘‘para15 graph (1)(A)’’; and 

16 (iii) in paragraph (5)— 

17 (I) in subparagraph (A), by strik18 ing ‘‘or personnel’’ in the matter pre19 ceding clause (i); and 

20 (II) in subparagraph (B), by 

21 striking ‘‘or agency involved’’ in the 

22 second sentence and inserting ‘‘in23 volved or the Director of the Central 

24 Intelligence Agency (in the case of the 

25 Central Intelligence Agency)’’; 


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1 (C) in subsection (l)(2)(B), by striking 

2 ‘‘section’’ and inserting ‘‘paragraph’’; and 

3 (D) in subsection (n), by inserting ‘‘AND

4 OTHER’’ after ‘‘ACQUISITION’’; 

5 (3) in section 103(b), by striking ‘‘, the Na6 tional Security Act of 1947 (50 U.S.C. 401 et 

7 seq.),’’; 

8 (4) in section 104A(g)(1) in the matter pre9 ceding subparagraph (A), by striking ‘‘Directorate of 

10 Operations’’ and inserting ‘‘National Clandestine 

11 Service’’; 

12 (5) in section 119(c)(2)(B) (50 U.S.C. 

13 404o(c)(2)(B)), by striking ‘‘subsection (h)’’ and in14 serting ‘‘subsection (i)’’; 

15 (6) in section 701(b)(1), by striking ‘‘Direc16 torate of Operations’’ and inserting ‘‘National Clan17 destine Service’’; 

18 (7) in section 705(e)(2)(D)(i) (50 U.S.C. 

19 432c(e)(2)(D)(i)), by striking ‘‘responsible’’ and in20 serting ‘‘responsive’’; and 

21 (8) in section 1003(h)(2) in the matter pre22 ceding subparagraph (A), by striking ‘‘subsection 

23 (i)(2)(B)’’ and inserting ‘‘subsection (g)(2)(B)’’. 


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1 SEC. 805. TECHNICAL AMENDMENTS RELATING TO THE 

2 MULTIYEAR NATIONAL INTELLIGENCE PRO3 GRAM. 

4 (a) IN GENERAL.—Subsection (a) of section 1403 of 

5 the National Defense Authorization Act for Fiscal Year 

6 1991 (50 U.S.C. 404b) is amended— 

7 (1) in the heading, by striking ‘‘FOREIGN’’; and 

8 (2) by striking ‘‘foreign’’ each place it appears. 

9 (b) RESPONSIBILITY OF DIRECTOR OF NATIONAL IN10 TELLIGENCE.—Such section 1403, as amended by sub11 section (a), is further amended— 

12 (1) in subsections (a) and (c), by striking ‘‘Di13 rector of Central Intelligence’’ and inserting ‘‘Direc14 tor of National Intelligence’’; and 

15 (2) in subsection (b), by inserting ‘‘of National 

16 Intelligence’’ after ‘‘Director’’. 

17 (c) FUTURE-YEARS DEFENSE PROGRAM.—Sub18 section (c) of such section 1403, as amended by subsection 

19 (b), is further amended by striking ‘‘multiyear defense 

20 program submitted pursuant to section 114a of title 10, 

21 United States Code’’ and inserting ‘‘future-years defense 

22 program submitted pursuant to section 221 of title 10, 

23 United States Code’’. 

24 (d) CONFORMING AMENDMENTS.— 

25 (1) IN GENERAL.—The heading of such section 

26 1403 is amended to read as follows: 


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1 ‘‘SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PRO2 GRAM.’’. 

3 (2) TABLE OF CONTENTS AMENDMENT.—The 

4 table of contents in section 2 of the National De5 fense Authorization Act for Fiscal Year 1991 (Pub6 lic Law 101–510; 104 Stat. 1485) is amended by 

7 striking the item relating to section 1403 and insert8 ing the following new item: 

‘‘Sec. 1403. Multiyear National Intelligence Program.’’. 

9 SEC. 806. TECHNICAL AMENDMENTS TO THE INTEL10 LIGENCE REFORM AND TERRORISM PREVEN11 TION ACT OF 2004. 

12 (a) AMENDMENTS TO THE NATIONAL SECURITY IN13 TELLIGENCE REFORM ACT OF 2004.—The National Secu14 rity Intelligence Reform Act of 2004 (title I of Public Law 

15 108–458; 118 Stat. 3643) is amended— 

16 (1) in subparagraph (B) of section 1016(e)(10) 

17 (6 U.S.C. 485(e)(10)), by striking ‘‘Attorney Gen18 eral’’ the second place it appears and inserting ‘‘De19 partment of Justice’’; 

20 (2) in subsection (e) of section 1071, by strik21 ing ‘‘(1)’’; and 

22 (3) in subsection (b) of section 1072, in the 

23 subsection heading by inserting ‘‘AGENCY’’ after 

24 ‘‘INTELLIGENCE’’. 


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1 (b) OTHER AMENDMENTS TO THE INTELLIGENCE

2 REFORM AND TERRORISM PREVENTION ACT OF 2004.— 

3 The Intelligence Reform and Terrorism Prevention Act of 

4 2004 (Public Law 108–458; 118 Stat. 3638) is amend5 ed— 

6 (1) in section 2001 (28 U.S.C. 532 note)— 

7 (A) in paragraph (1) of subsection (c)— 

8 (i) by striking ‘‘shall,’’ and inserting 

9 ‘‘shall’’; and 

10 (ii) by inserting ‘‘of’’ before ‘‘an insti11 tutional culture’’; 

12 (B) in paragraph (2) of subsection (e), by 

13 striking ‘‘the National Intelligence Director in a 

14 manner consistent with section 112(e)’’ and in15 serting ‘‘the Director of National Intelligence in 

16 a manner consistent with applicable law’’; and 

17 (C) in subsection (f), by striking ‘‘shall,’’ 

18 in the matter preceding paragraph (1) and in19 serting ‘‘shall’’; and 

20 (2) in section 2006 (28 U.S.C. 509 note)— 

21 (A) in paragraph (2), by striking ‘‘the 

22 Federal’’ and inserting ‘‘Federal’’; and 

23 (B) in paragraph (3), by striking ‘‘the spe24 cific’’ and inserting ‘‘specific’’. 


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1 SEC. 807. TECHNICAL AMENDMENTS TO THE EXECUTIVE 

2 SCHEDULE. 

3 (a) EXECUTIVE SCHEDULE LEVEL II.—Section 5313 

4 of title 5, United States Code, is amended by striking the 

5 item relating to the Director of Central Intelligence and 

6 inserting the following new item: 

7 ‘‘Director of the Central Intelligence Agency.’’. 

8 (b) EXECUTIVE SCHEDULE LEVEL IV.—Section 

9 5315 of title 5, United States Code, is amended by strik10 ing the item relating to the General Counsel of the Office 

11 of the National Intelligence Director and inserting the fol12 lowing new item: 

13 ‘‘General Counsel of the Office of the Director of Na14 tional Intelligence.’’. 

15 SEC. 808. TECHNICAL AMENDMENTS TO SECTION 105 OF 

16 THE INTELLIGENCE AUTHORIZATION ACT 

17 FOR FISCAL YEAR 2004. 

18 Section 105(b) of the Intelligence Authorization Act 

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

20 2603; 31 U.S.C. 311 note) is amended— 

21 (1) by striking ‘‘Director of Central Intel22 ligence’’ and inserting ‘‘Director of National Intel23 ligence’’; and 

24 (2) by inserting ‘‘or in section 313 of such 

25 title,’’ after ‘‘subsection (a)),’’. 


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1 SEC. 809. TECHNICAL AMENDMENTS TO SECTION 602 OF 

2 THE INTELLIGENCE AUTHORIZATION ACT 

3 FOR FISCAL YEAR 1995. 

4 Section 602 of the Intelligence Authorization Act for 

5 Fiscal Year 1995 (50 U.S.C. 403–2b) is amended— 

6 (1) in subsection (a), in paragraph (2), by 

7 striking ‘‘Director of Central Intelligence’’ and in8 serting ‘‘Director of National Intelligence’’; and 

9 (2) in subsection (b)— 

10 (A) in paragraph (1), by striking ‘‘Director 

11 of Central Intelligence’’ and inserting ‘‘Director 

12 of National Intelligence’’; 

13 (B) in paragraph (2)— 

14 (i) in subparagraph (A), by striking 

15 ‘‘Director of Central Intelligence’’ and in16 serting ‘‘Director of National Intelligence’’; 

17 and 

18 (ii) in subparagraph (B), by striking 

19 ‘‘Director of Central Intelligence’’ and in20 serting ‘‘Director of National Intelligence’’; 

21 and 

22 (C) in paragraph (3), by striking ‘‘Director 

23 of Central Intelligence’’ and inserting ‘‘Director 

24 of the Central Intelligence Agency’’. 


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1 SEC. 810. TECHNICAL AMENDMENTS TO SECTION 403 OF 

2 THE INTELLIGENCE AUTHORIZATION ACT, 

3 FISCAL YEAR 1992. 

4 (a) ROLE OF THE DIRECTOR OF NATIONAL INTEL5 LIGENCE.—Section 403 of the Intelligence Authorization 

6 Act, Fiscal Year 1992 (50 U.S.C. 403–2) is amended by 

7 striking ‘‘The Director of Central Intelligence’’ and insert8 ing the following: 

9 ‘‘(a) IN GENERAL.—The Director of National Intel10 ligence’’. 

11 (b) DEFINITION OF INTELLIGENCE COMMUNITY.— 

12 Section 403 of the Intelligence Authorization Act, Fiscal 

13 Year 1992, as amended by subsection (a), is further 

14 amended— 

15 (1) by striking ‘‘Intelligence Community’’ and 

16 insert ‘‘intelligence community’’; and 

17 (2) by striking the second sentence and insert18 ing the following: 

19 ‘‘(b) INTELLIGENCE COMMUNITY DEFINED.—In this 

20 section, the term ‘intelligence community’ has the meaning 

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

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


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Calendar No. 467 

111TH CONGRESS 

2D SESSION S. 3611 

[Report No. 111–223] 

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 19, 2010 

Read twice and placed on the calendar 


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