In the Senate of the United States, 

September 27, 2010. 

Resolved, That the bill from the House of Representatives (H.R. 2701) entitled ‘‘An Act 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.’’, do pass with the following 

AMENDMENT: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘In3 telligence Authorization Act for Fiscal Year 2010’’. 

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

5 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. Restriction on conduct of intelligence activities. 
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Sec. 103. Budgetary provisions. 

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 

DISABILITY SYSTEM 

Sec. 201. 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 

Sec. 331. Notification procedures. 

Sec. 332. Certification of compliance with oversight requirements. 

Sec. 333. Report on detention and interrogation activities. 

Sec. 334. Summary of intelligence relating to terrorist recidivism of detainees 

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

Sec. 335. Report and strategic plan on biological weapons. 

Sec. 336. Cybersecurity oversight. 

Sec. 337. Report on foreign language proficiency in the intelligence community. 

Sec. 338. Report on plans to increase diversity within the intelligence community. 

Sec. 339. Report on intelligence community contractors. 

Sec. 340. Study on electronic waste destruction practices of the intelligence community. 

Sec. 341. Review of records relating to potential health risks among Desert Storm 

veterans. 

Sec. 342. Review of Federal Bureau of Investigation exercise of enforcement jurisdiction in foreign nations. 
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Sec. 343. Public release of information on procedures used in narcotics airbridge 

denial program in Peru. 

Sec. 344. Report on threat from dirty bombs. 

Sec. 345. Report on creation of space intelligence office. 

Sec. 346. Report on attempt to detonate explosive device on Northwest Airlines 

flight 253. 

Sec. 347. Repeal or modification of certain reporting requirements. 

Sec. 348. Information access by the Comptroller General of the United States. 

Sec. 349. 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. 

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. 
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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. 

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. 
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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 commit5 tees’’ means— 

6 (A) the Select Committee on Intelligence of 

7 the Senate; and 

8 (B) the Permanent Select Committee on In9 telligence of the House of Representatives. 

10 (2) INTELLIGENCE COMMUNITY.—The term ‘‘in11 telligence community’’ has the meaning given that 

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

13 1947 (50 U.S.C. 401a(4)). 
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1 TITLE I—BUDGET AND 

2 PERSONNEL AUTHORIZATIONS 

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

4 For the purposes of section 504 of the National Secu5 rity Act of 1947 (50 U.S.C. 414), appropriated funds avail6 able to an intelligence agency may be obligated or expended 

7 for an intelligence or intelligence-related activity as appro8 priated for fiscal year 2010, as modified by such re9 programming and transfers of funds authorized by and re10 ported to the appropriate congressional committees. 

11 SEC. 102. RESTRICTION ON CONDUCT OF INTELLIGENCE 

12 ACTIVITIES. 

13 The authorization of appropriations by this Act shall 

14 not be deemed to constitute authority for the conduct of any 

15 intelligence activity that is not otherwise authorized by the 

16 Constitution or the laws of the United States. 

17 SEC. 103. BUDGETARY PROVISIONS. 

18 The budgetary effects of this Act, for the purpose of 

19 complying with the Statutory Pay-As-You-Go-Act of 2010, 

20 shall be determined by reference to the latest statement titled 

21 ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 

22 submitted for printing in the Congressional Record by the 

23 Chairman of the Senate Budget Committee, provided that 

24 such statement has been submitted prior to the vote on pas25 sage. 
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1 TITLE II—CENTRAL INTEL2 LIGENCE AGENCY RETIRE3 MENT AND DISABILITY SYS4 TEM 

5 SEC. 201. TECHNICAL MODIFICATION TO MANDATORY RE6 TIREMENT PROVISION OF THE CENTRAL IN7 TELLIGENCE AGENCY RETIREMENT ACT. 

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

9 Intelligence Agency Retirement Act (50 U.S.C. 2055(b)(1)) 

10 is amended by striking ‘‘receiving compensation under the 

11 Senior Intelligence Service pay schedule at the rate’’ and 

12 inserting ‘‘who is at the Senior Intelligence Service rank’’. 

13 TITLE III—GENERAL INTEL14 LIGENCE COMMUNITY MAT15 TERS 

16 Subtitle A—Personnel Matters 

17 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND 

18 BENEFITS AUTHORIZED BY LAW. 

19 Appropriations authorized by this Act for salary, pay, 

20 retirement, and other benefits for Federal employees may 

21 be increased by such additional or supplemental amounts 

22 as may be necessary for increases in such compensation or 

23 benefits authorized by law. 
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1 SEC. 302. ENHANCED FLEXIBILITY IN NONREIMBURSABLE 

2 DETAILS TO ELEMENTS OF THE INTEL3 LIGENCE COMMUNITY. 

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

5 of 1947 (50 U.S.C. 402 et seq.) is amended by inserting 

6 after section 113 the following new section: 

7 ‘‘DETAIL OF OTHER PERSONNEL

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

9 of the Counterintelligence Enhancement Act of 2002 (50 

10 U.S.C. 402c(g)(2)) and section 113 of this Act, and notwith11 standing any other provision of law, an officer or employee 

12 of the United States or member of the Armed Forces may 

13 be detailed to the staff of an element of the intelligence com14 munity funded through the National Intelligence Program 

15 from another element of the intelligence community or from 

16 another element of the United States Government on a re17 imbursable or nonreimbursable basis, as jointly agreed to 

18 by the head of the receiving element and the head of the 

19 detailing element, for a period not to exceed 2 years.’’. 

20 (b) TABLE OF CONTENTS AMENDMENT.—The table of 

21 contents in the first section of such Act is amended by in22 serting after the item relating to section 113 the following 

23 new item: 

‘‘Sec. 113A. Detail of other personnel.’’. 
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1 SEC. 303. PAY AUTHORITY FOR CRITICAL POSITIONS. 

2 Section 102A of the National Security Act of 1947 (50 

3 U.S.C. 403–1) is amended by adding at the end the fol4 lowing new subsection: 

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

6 Notwithstanding any pay limitation established under any 

7 other provision of law applicable to employees in elements 

8 of the intelligence community, the Director of National In9 telligence may, in coordination with the Director of the Of10 fice of Personnel Management and the Director of the Office 

11 of Management and Budget, grant authority to the head 

12 of a department or agency to fix the rate of basic pay for 

13 one or more positions within the intelligence community 

14 at a rate in excess of any applicable limitation, subject to 

15 the provisions of this subsection. The exercise of authority 

16 so granted is at the discretion of the head of the department 

17 or agency employing the individual in a position covered 

18 by such authority, subject to the provisions of this sub19 section and any conditions established by the Director of 

20 National Intelligence when granting such authority. 

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

22 or exercised only— 

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

24 extremely high level of expertise and is critical to suc25 cessful accomplishment of an important mission; and 
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1 ‘‘(B) to the extent necessary to recruit or retain 

2 an individual exceptionally well qualified for the po3 sition. 

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

5 a rate of basic pay under this subsection at a rate greater 

6 than the rate payable for level II of the Executive Schedule 

7 under section 5313 of title 5, United States Code, except 

8 upon written approval of the Director of National Intel9 ligence or as otherwise authorized by law. 

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

11 a rate of basic pay under this subsection at a rate greater 

12 than the rate payable for level I of the Executive Schedule 

13 under section 5312 of title 5, United States Code, except 

14 upon written approval of the President in response to a 

15 request by the Director of National Intelligence or as other16 wise authorized by law. 

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

18 a position shall terminate at the discretion of the Director 

19 of National Intelligence. 

20 ‘‘(6)(A) The Director of National Intelligence shall no21 tify the congressional intelligence committees not later than 

22 30 days after the date on which the Director grants author23 ity to the head of a department or agency under this sub24 section. 
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1 ‘‘(B) The head of a department or agency to which the 

2 Director of National Intelligence grants authority under 

3 this subsection shall notify the congressional intelligence 

4 committees and the Director of the exercise of such authority 

5 not later than 30 days after the date on which such head 

6 exercises such authority.’’. 

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

8 NATIONAL INTELLIGENCE SERVICE. 

9 Section 102A of the National Security Act of 1947 (50 

10 U.S.C. 403–1), as amended by section 303 of this Act, is 

11 further amended by adding at the end the following new 

12 subsection: 

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

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

15 based on the recommendation of the Director of National 

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

17 National Intelligence Service or other intelligence commu18 nity senior civilian officer not already covered by such a 

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

20 appointee of an agency may be awarded a rank under sec21 tion 4507 of title 5, United States Code. 

22 ‘‘(2) The President may establish procedures to award 

23 a rank under paragraph (1) to a member of the Senior Na24 tional Intelligence Service or a senior civilian officer of the 

25 intelligence community whose identity as such a member 
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1 or officer is classified information (as defined in section 

2 606(1)).’’. 

3 SEC. 305. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR 

4 THE INTELLIGENCE COMMUNITY. 

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

6 Act of 1947 (50 U.S.C. 413 et seq.) is amended by inserting 

7 after section 506A the following new section: 

8 ‘‘ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE

9 INTELLIGENCE COMMUNITY

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

11 Director of National Intelligence shall, in consultation with 

12 the head of each element of the intelligence community, pre13 pare an annual personnel level assessment for such element 

14 that assesses the personnel levels for such element for the 

15 fiscal year following the fiscal year in which the assessment 

16 is submitted. 

17 ‘‘(b) SCHEDULE.—Each assessment required by sub18 section (a) shall be submitted to the congressional intel19 ligence committees each year at the time that the President 

20 submits to Congress the budget for a fiscal year pursuant 

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

22 ‘‘(c) CONTENTS.—Each assessment required by sub23 section (a) submitted during a fiscal year shall contain the 

24 following information for the element of the intelligence 

25 community concerned: 
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1 ‘‘(1) The budget submission for personnel costs 

2 for the upcoming fiscal year. 

3 ‘‘(2) The dollar and percentage increase or de4 crease of such costs as compared to the personnel costs 

5 of the current fiscal year. 

6 ‘‘(3) The dollar and percentage increase or de7 crease of such costs as compared to the personnel costs 

8 during the prior 5 fiscal years. 

9 ‘‘(4) The number of full-time equivalent positions 

10 that is the basis for which personnel funds are re11 quested for the upcoming fiscal year. 

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

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

14 as compared to the number of full-time equivalent po15 sitions of the current fiscal year. 

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

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

18 as compared to the number of full-time equivalent po19 sitions during the prior 5 fiscal years. 

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

21 of core contract personnel to be funded by the element 

22 for the upcoming fiscal year. 

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

24 decrease of such costs of core contract personnel as 
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1 compared to the best estimate of the costs of core con2 tract personnel of the current fiscal year. 

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

4 decrease of such number and such costs of core con5 tract personnel as compared to the number and cost 

6 of core contract personnel during the prior 5 fiscal 

7 years. 

8 ‘‘(10) A justification for the requested personnel 

9 and core contract personnel levels. 

10 ‘‘(11) The best estimate of the number of intel11 ligence collectors and analysts employed or contracted 

12 by each element of the intelligence community. 

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

14 Intelligence that, based on current and projected fund15 ing, the element concerned will have sufficient— 

16 ‘‘(A) internal infrastructure to support the 

17 requested personnel and core contract personnel 

18 levels; 

19 ‘‘(B) training resources to support the re20 quested personnel levels; and 

21 ‘‘(C) funding to support the administrative 

22 and operational activities of the requested per23 sonnel levels.’’. 

24 (b) APPLICABILITY DATE.—The first assessment re25 quired to be submitted under section 506B(b) of the Na-
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† HR 2701 EAS 

1 tional Security Act of 1947, as added by subsection (a), 

2 shall be submitted to the congressional intelligence commit3 tees at the time that the President submits to Congress the 

4 budget for fiscal year 2012 pursuant to section 1105 of title 

5 31, United States Code. 

6 (c) TABLE OF CONTENTS AMENDMENT.—The table of 

7 contents in the first section of such Act, as amended by sec8 tion 302 of this Act, is further amended by inserting after 

9 the item relating to section 506A the following new item: 

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

10 SEC. 306. TEMPORARY PERSONNEL AUTHORIZATIONS FOR 

11 CRITICAL LANGUAGE TRAINING. 

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

13 (50 U.S.C. 403–1(e)) is amended by— 

14 (1) redesignating paragraph (3) as paragraph 

15 (4); and 

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

17 new paragraph: 

18 ‘‘(3)(A) In addition to the number of full-time equiva19 lent positions authorized for the Office of the Director of 

20 National Intelligence for a fiscal year, there is authorized 

21 for such Office for each fiscal year an additional 100 full22 time equivalent positions that may be used only for the pur23 poses described in subparagraph (B). 

24 ‘‘(B) Except as provided in subparagraph (C), the Di25 rector of National Intelligence may use a full-time equiva-
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† HR 2701 EAS 

1 lent position authorized under subparagraph (A) only for 

2 the purpose of providing a temporary transfer of personnel 

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

4 the intelligence community to enable such element to in5 crease the total number of personnel authorized for such ele6 ment, on a temporary basis— 

7 ‘‘(i) during a period in which a permanent em8 ployee of such element is absent to participate in crit9 ical language training; or 

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

11 element of the intelligence community to provide lan12 guage-capable services. 

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

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

15 ‘‘(D) The Director of National Intelligence shall submit 

16 to the congressional intelligence committees an annual re17 port on the use of authorities under this paragraph. Each 

18 such report shall include a description of— 

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

20 by the Director pursuant to subparagraph (B), 

21 disaggregated by each element of the intelligence com22 munity; 

23 ‘‘(ii) the critical language needs that were ful24 filled or partially fulfilled through the use of such 

25 transfers; and 
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1 ‘‘(iii) the cost to carry out subparagraph (B).’’. 

2 SEC. 307. CONFLICT OF INTEREST REGULATIONS FOR IN3 TELLIGENCE COMMUNITY EMPLOYEES. 

4 Section 102A of the National Security Act of 1947 (50 

5 U.S.C. 403–1), as amended by section 304 of this Act, is 

6 further amended by adding at the end the following new 

7 subsection: 

8 ‘‘(u) CONFLICT OF INTEREST REGULATIONS.—(1) The 

9 Director of National Intelligence, in consultation with the 

10 Director of the Office of Government Ethics, shall issue reg11 ulations prohibiting an officer or employee of an element 

12 of the intelligence community from engaging in outside em13 ployment if such employment creates a conflict of interest 

14 or appearance thereof. 

15 ‘‘(2) The Director of National Intelligence shall annu16 ally submit to the congressional intelligence committees a 

17 report describing all outside employment for officers and 

18 employees of elements of the intelligence community that 

19 was authorized by the head of an element of the intelligence 

20 community during the preceding calendar year. Such re21 port shall be submitted each year on the date provided in 

22 section 507.’’. 
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1 Subtitle B—Education Programs 

2 SEC. 311. PERMANENT AUTHORIZATION FOR THE PAT ROB3 ERTS INTELLIGENCE SCHOLARS PROGRAM. 

4 (a) PERMANENT AUTHORIZATION.—Subtitle C of title 

5 X of the National Security Act of 1947 (50 U.S.C. 441m 

6 et seq.) is amended by adding at the end the following new 

7 section: 

8 ‘‘PROGRAM ON RECRUITMENT AND TRAINING

9 ‘‘SEC. 1022. (a) PROGRAM.—(1) The Director of Na10 tional Intelligence shall carry out a program to ensure that 

11 selected students or former students are provided funds to 

12 continue academic training, or are reimbursed for academic 

13 training previously obtained, in areas of specialization that 

14 the Director, in consultation with the other heads of the ele15 ments of the intelligence community, identifies as areas in 

16 which the current capabilities of the intelligence community 

17 are deficient or in which future capabilities of the intel18 ligence community are likely to be deficient. 

19 ‘‘(2) A student or former student selected for participa20 tion in the program shall commit to employment with an 

21 element of the intelligence community, following completion 

22 of appropriate academic training, under such terms and 

23 conditions as the Director considers appropriate. 

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

25 Intelligence Scholars Program. 
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† HR 2701 EAS 

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

2 subsection (a), the Director shall— 

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

4 academic training of participants as the Director 

5 considers appropriate to ensure that participants are 

6 prepared for employment as intelligence professionals; 

7 and 

8 ‘‘(2) periodically review the areas of specializa9 tion of the elements of the intelligence community to 

10 determine the areas in which such elements are, or 

11 are likely to be, deficient in capabilities. 

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

13 program under subsection (a) shall be used— 

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

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

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

17 former student for the completion of such course of 

18 study; 

19 ‘‘(3) to pay for books and materials that the stu20 dent or former student requires or required to com21 plete such course of study; 

22 ‘‘(4) to pay the expenses of the student or former 

23 student for travel requested by an element of the intel24 ligence community in relation to such program; or 
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† HR 2701 EAS 

1 ‘‘(5) for such other purposes the Director con2 siders reasonably appropriate to carry out such pro3 gram.’’. 

4 (b) CONFORMING AMENDMENTS.— 

5 (1) TABLE OF CONTENTS AMENDMENT.—The 

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

7 amended by section 305 of this Act, is further amend8 ed— 

9 (A) by transferring the item relating to sec10 tion 1002 so such item immediately follows the 

11 item relating to section 1001; and 

12 (B) by inserting after the item relating to 

13 section 1021 the following new item: 

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

14 (2) REPEAL OF PILOT PROGRAM.— 

15 (A) AUTHORITY.—Section 318 of the Intel16 ligence Authorization Act for Fiscal Year 2004 

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

18 repealed. 

19 (B) TABLE OF CONTENTS AMENDMENT.— 

20 The table of contents in section 1 of the Intel21 ligence Authorization Act for Fiscal Year 2004 

22 (Public Law 108–177; 117 Stat. 2599) is amend23 ed by striking the item relating to section 318. 
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1 SEC. 312. MODIFICATIONS TO THE LOUIS STOKES EDU2 CATIONAL SCHOLARSHIP PROGRAM. 

3 (a) EXPANSION OF THE LOUIS STOKES EDUCATIONAL

4 SCHOLARSHIP PROGRAM TO GRADUATE STUDENTS.—Sec5 tion 16 of the National Security Agency Act of 1959 (50 

6 U.S.C. 402 note) is amended— 

7 (1) in subsection (a)— 

8 (A) by inserting ‘‘and graduate’’ after ‘‘un9 dergraduate’’; and 

10 (B) by striking ‘‘the baccalaureate’’ and in11 serting ‘‘a baccalaureate or graduate’’; 

12 (2) in subsection (b), by inserting ‘‘or graduate’’ 

13 after ‘‘undergraduate’’; 

14 (3) in subsection (e)(2), by inserting ‘‘and grad15 uate’’ after ‘‘undergraduate’’; and 

16 (4) by adding at the end the following new sub17 section: 

18 ‘‘(h) The undergraduate and graduate training pro19 gram established under this section shall be known as the 

20 Louis Stokes Educational Scholarship Program.’’. 

21 (b) AUTHORITY FOR PARTICIPATION BY INDIVIDUALS

22 WHO ARE NOT EMPLOYED BY THE UNITED STATES GOV23 ERNMENT.— 

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

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

26 402 note), as amended by subsection (a)(2), is further 
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1 amended by striking ‘‘civilian employees’’ and insert2 ing ‘‘civilians who may or may not be employees’’. 

3 (2) CONFORMING AMENDMENTS.—Section 16 of 

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

5 402 note), as amended by subsection (a), is further 

6 amended— 

7 (A) in subsection (c), by striking ‘‘employ8 ees’’ and inserting ‘‘program participants’’; and 

9 (B) in subsection (d)— 

10 (i) in paragraph (1)— 

11 (I) in the matter preceding sub12 paragraph (A), strike ‘‘an employee of 

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

14 participant,’’; 

15 (II) in subparagraph (A), by 

16 striking ‘‘employee’’ and inserting 

17 ‘‘program participant’’; 

18 (III) in subparagraph (C)— 

19 (aa) by striking ‘‘employee’’ 

20 each place that term appears and 

21 inserting ‘‘program participant’’; 

22 and 

23 (bb) by striking ‘‘employee’s’’ 

24 each place that term appears and 
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1 inserting ‘‘program partici2 pant’s’’; and 

3 (IV) in subparagraph (D)— 

4 (aa) by striking ‘‘employee’’ 

5 each place that term appears and 

6 inserting ‘‘program participant’’; 

7 and 

8 (bb) by striking ‘‘employee’s’’ 

9 each place that term appears and 

10 inserting ‘‘program partici11 pant’s’’; and 

12 (ii) in paragraph (3)(C)— 

13 (I) by striking ‘‘employee’’ both 

14 places that term appears and inserting 

15 ‘‘program participant’’; and 

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

17 inserting ‘‘program participant’s’’. 

18 (c) TERMINATION OF PROGRAM PARTICIPANTS.—Sub19 section (d)(1)(C) of section 16 of the National Security 

20 Agency Act of 1959 (50 U.S.C. 402 note), as amended by 

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

22 ‘‘terminated’’ and all that follows and inserting ‘‘termi23 nated— 

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

25 program participant; 
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1 ‘‘(ii) by the program participant volun2 tarily; or 

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

4 program participant to maintain such level of 

5 academic standing in the educational course of 

6 training as the Director of the National Security 

7 Agency shall have specified in the agreement of 

8 the program participant under this subsection; 

9 and’’. 

10 (d) AUTHORITY TO WITHHOLD DISCLOSURE OF AF11 FILIATION WITH NSA.—Subsection (e) of Section 16 of the 

12 National Security Agency Act of 1959 (50 U.S.C. 402 note) 

13 is amended by striking ‘‘(1) When an employee’’ and all 

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

15 ‘‘Agency efforts’’. 

16 (e) AUTHORITY OF ELEMENTS OF THE INTELLIGENCE

17 COMMUNITY TO ESTABLISH A STOKES EDUCATIONAL

18 SCHOLARSHIP PROGRAM.— 

19 (1) AUTHORITY.—Subtitle C of title X of the Na20 tional Security Act of 1947 (50 U.S.C. 441m et seq.), 

21 as amended by section 311 of this Act, is further 

22 amended by adding at the end the following new sec23 tion: 

24 ‘‘EDUCATIONAL SCHOLARSHIP PROGRAM

25 ‘‘SEC. 1023. The head of a department or agency con26 taining an element of the intelligence community may es-
25 

† HR 2701 EAS 

1 tablish an undergraduate or graduate training program 

2 with respect to civilian employees and prospective civilian 

3 employees of such element similar in purpose, conditions, 

4 content, and administration to the program that the Sec5 retary of Defense is authorized to establish under section 

6 16 of the National Security Agency Act of 1959 (50 U.S.C. 

7 402 note).’’. 

8 (2) TABLE OF CONTENTS AMENDMENT.—The 

9 table of contents in the first section of the National 

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

11 this Act, is further amended by inserting after the 

12 item relating to section 1022, as added by such sec13 tion 311, the following new item: 

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

14 SEC. 313. INTELLIGENCE OFFICER TRAINING PROGRAM. 

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

16 Security Act of 1947 (50 U.S.C. 441m et seq.), as amended 

17 by section 312(e) of this Act, is further amended by adding 

18 at the end the following new section: 

19 ‘‘INTELLIGENCE OFFICER TRAINING PROGRAM

20 ‘‘SEC. 1024. (a) PROGRAMS.—(1) The Director of Na21 tional Intelligence may carry out grant programs in ac22 cordance with subsection (b) to enhance the recruitment and 

23 retention of an ethnically and culturally diverse intelligence 

24 community workforce with capabilities critical to the na25 tional security interests of the United States. 
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† HR 2701 EAS 

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

2 identify the skills necessary to meet current or emergent 

3 needs of the intelligence community and the educational 

4 disciplines that will provide individuals with such skills. 

5 ‘‘(b) INSTITUTIONAL GRANT PROGRAM.—(1) The Di6 rector may provide grants to institutions of higher edu7 cation to support the establishment or continued develop8 ment of programs of study in educational disciplines identi9 fied under subsection (a)(2). 

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

11 respect to the educational disciplines identified under sub12 section (a)(2), be used for the following purposes: 

13 ‘‘(A) Curriculum or program development. 

14 ‘‘(B) Faculty development. 

15 ‘‘(C) Laboratory equipment or improvements. 

16 ‘‘(D) Faculty research. 

17 ‘‘(c) APPLICATION.—An institution of higher edu18 cation seeking a grant under this section shall submit an 

19 application describing the proposed use of the grant at such 

20 time and in such manner as the Director may require. 

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

22 that receives a grant under this section shall submit to the 

23 Director regular reports regarding the use of such grant, 

24 including— 
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† HR 2701 EAS 

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

2 participate in the course of study funded by such 

3 grant; 

4 ‘‘(2) a description of the results and accomplish5 ments related to such course of study; and 

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

7 may require. 

8 ‘‘(e) REGULATIONS.—The Director shall prescribe such 

9 regulations as may be necessary to carry out this section. 

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

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

12 National Intelligence. 

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

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

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

16 (b) REPEAL OF DUPLICATIVE PROVISIONS.— 

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

18 law are repealed: 

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

20 319 of the Intelligence Authorization Act for Fis21 cal Year 2004 (Public Law 108–177; 50 U.S.C. 

22 403 note). 

23 (B) Section 1003 of the National Security 

24 Act of 1947 (50 U.S.C. 441g–2). 
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† HR 2701 EAS 

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

2 National Defense Authorization Act for Fiscal 

3 Year 2005 (Public Law 108–375; 50 U.S.C. 402 

4 note). 

5 (2) EXISTING AGREEMENTS.—Notwithstanding 

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

7 subsection shall be construed to amend, modify, or ab8 rogate any agreement, contract, or employment rela9 tionship that was in effect in relation to the provi10 sions repealed under paragraph (1) on the day prior 

11 to the date of the enactment of this Act. 

12 (3) TECHNICAL AMENDMENT.—Section 319 of the 

13 Intelligence Authorization Act for Fiscal Year 2004 

14 (Public Law 108–177; 50 U.S.C. 403 note) is amend15 ed by striking ‘‘(a) FINDINGS.—’’. 

16 (c) TABLE OF CONTENTS AMENDMENT.—The table of 

17 contents in the first section of the National Security Act 

18 of 1947, as amended by section 312 of this Act, is further 

19 amended by striking the item relating to section 1003 and 

20 inserting the following new item: 

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

21 SEC. 314. PILOT PROGRAM FOR INTENSIVE LANGUAGE IN22 STRUCTION IN AFRICAN LANGUAGES. 

23 (a) ESTABLISHMENT.—The Director of National Intel24 ligence, in consultation with the National Security Edu25 cation Board established under section 803(a) of the David 
29 

† HR 2701 EAS 

1 L. Boren National Security Education Act of 1991 (50 

2 U.S.C. 1903(a)), may establish a pilot program for inten3 sive language instruction in African languages. 

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

5 subsection (a) shall provide scholarships for programs that 

6 provide intensive language instruction— 

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

8 languages for which scholarships are not offered under 

9 the David L. Boren National Security Education Act 

10 of 1991 (50 U.S.C. 1901 et seq.), as determined by the 

11 Director of National Intelligence; and 

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

13 in which the language is the native language of a sig14 nificant portion of the population, as determined by 

15 the Director of National Intelligence. 

16 (c) TERMINATION.—A pilot program established under 

17 subsection (a) shall terminate on the date that is five years 

18 after the date on which such pilot program is established. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.— 

20 (1) IN GENERAL.—There is authorized to be ap21 propriated to carry out this section $2,000,000. 

22 (2) AVAILABILITY.—Funds authorized to be ap23 propriated under paragraph (1) shall remain avail24 able until the termination of the pilot program in ac25 cordance with subsection (c). 
30 

† HR 2701 EAS 

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 Secu7 rity Act of 1947 (50 U.S.C. 413 et seq.), as amended 

8 by section 305 of this Act, is further amended by in9 serting after section 506B, as added by section 305(a), 

10 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 sub15 mit to the congressional intelligence committees an initial 

16 vulnerability assessment for each major system and its sig17 nificant items of supply— 

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

19 the completion of Milestone B or an equivalent acqui20 sition 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 Authorization 

23 Act for Fiscal Year 2010 in the case of a major sys24 tem for which Milestone B or an equivalent acquisi25 tion decision— 
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1 ‘‘(I) was completed prior to such date of en2 actment; or 

3 ‘‘(II) is completed on a date during the 180- 

4 day period following such date of enactment. 

5 ‘‘(B) The Director may submit to the congressional in6 telligence committees an initial vulnerability assessment re7 quired by clause (ii) of subparagraph (A) not later than 

8 180 days after the date such assessment is required to be 

9 submitted under such clause if the Director notifies the con10 gressional intelligence committees of the extension of the 

11 submission date under this subparagraph and provides a 

12 justification for such extension. 

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

14 system and its significant items of supply shall include use 

15 of an analysis-based approach to— 

16 ‘‘(i) identify vulnerabilities; 

17 ‘‘(ii) define exploitation potential; 

18 ‘‘(iii) examine the system’s potential effective19 ness; 

20 ‘‘(iv) determine overall vulnerability; and 

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

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

23 system is not submitted to the congressional intelligence 

24 committees as required by paragraph (1), funds appro25 priated for the acquisition of the major system may not 
32 

† HR 2701 EAS 

1 be obligated for a major contract related to the major sys2 tem. Such prohibition on the obligation of funds for the ac3 quisition of the major system shall cease to apply on the 

4 date on which the congressional intelligence committees re5 ceive the initial vulnerability assessment. 

6 ‘‘(b) SUBSEQUENT VULNERABILITY ASSESSMENTS.— 

7 (1) The Director of National Intelligence shall, periodically 

8 throughout the procurement of a major system or if the Di9 rector determines that a change in circumstances warrants 

10 the issuance of a subsequent vulnerability assessment, con11 duct a subsequent vulnerability assessment of each major 

12 system and its significant items of supply within the Na13 tional Intelligence Program. 

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

15 committee, the Director of National Intelligence may, if ap16 propriate, recertify the previous vulnerability assessment or 

17 may conduct a subsequent vulnerability assessment of a 

18 particular major system and its significant items of supply 

19 within the National Intelligence Program. 

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

21 major system and its significant items of supply shall in22 clude use of an analysis-based approach and, if applicable, 

23 a testing-based approach, to monitor the exploitation poten24 tial of such system and reexamine the factors described in 

25 clauses (i) through (v) of subsection (a)(1)(C). 
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† HR 2701 EAS 

1 ‘‘(c) MAJOR SYSTEM MANAGEMENT.—The Director of 

2 National Intelligence shall give due consideration to the vul3 nerability assessments prepared for a given major system 

4 when developing and determining the National Intelligence 

5 Program budget. 

6 ‘‘(d) CONGRESSIONAL OVERSIGHT.—(1) The Director 

7 of National Intelligence shall provide to the congressional 

8 intelligence committees a copy of each vulnerability assess9 ment conducted under subsection (a) or (b) not later than 

10 10 days after the date of the completion of such assessment. 

11 ‘‘(2) The Director of National Intelligence shall pro12 vide the congressional intelligence committees with a pro13 posed schedule for subsequent periodic vulnerability assess14 ments of a major system under subsection (b)(1) when pro15 viding such committees with the initial vulnerability assess16 ment under subsection (a) of such system as required by 

17 paragraph (1). 

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

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

20 given that term in section 4(10) of the Office of Fed21 eral Procurement Policy Act (41 U.S.C. 403(10)). 

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

23 6 largest prime, associate, or Government-furnished 

24 equipment contracts under a major system that is in 
34 

† HR 2701 EAS 

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

2 price contract. 

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

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

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

6 enter into major system development and demonstra7 tion pursuant to guidance prescribed by the Director 

8 of National Intelligence. 

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

10 the process of identifying and quantifying 

11 vulnerabilities in a major system and its significant 

12 items of supply.’’. 

13 (2) TABLE OF CONTENTS AMENDMENT.—The 

14 table of contents in the first section of the National 

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

16 this Act, is further amended by inserting after the 

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

18 305(c) of this Act, the following new item: 

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

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

20 of section 506A(e) of the National Security Act of 1947 (50 

21 U.S.C. 415a–1(e)) is amended by striking ‘‘(in current fis22 cal year dollars)’’ and inserting ‘‘(based on fiscal year 2010 

23 constant dollars)’’. 
35 

† HR 2701 EAS 

1 SEC. 322. INTELLIGENCE COMMUNITY BUSINESS SYSTEM 

2 TRANSFORMATION. 

3 (a) INTELLIGENCE COMMUNITY BUSINESS SYSTEM

4 TRANSFORMATION.— 

5 (1) IN GENERAL.—Title V of the National Secu6 rity Act of 1947 (50 U.S.C. 413 et seq.), as amended 

7 by section 321 of this Act, is further amended by in8 serting after section 506C, as added by section 321(a), 

9 the following new section: 

10 ‘‘INTELLIGENCE COMMUNITY BUSINESS SYSTEM

11 TRANSFORMATION

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

13 FUNDS.—(1) Subject to paragraph (3), no funds appro14 priated to any element of the intelligence community may 

15 be obligated for an intelligence community business system 

16 transformation that will have a total cost in excess of 

17 $3,000,000 unless— 

18 ‘‘(A) the Director of the Office of Business Trans19 formation of the Office of the Director of National In20 telligence makes a certification described in para21 graph (2) with respect to such intelligence community 

22 business system transformation; and 

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

24 established under subsection (f). 

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

26 an intelligence community business system transformation 
36 

† HR 2701 EAS 

1 is a certification made by the Director of the Office of Busi2 ness Transformation of the Office of the Director of Na3 tional Intelligence that the intelligence community business 

4 system transformation— 

5 ‘‘(A) complies with the enterprise architecture 

6 under subsection (b) and such other policies and 

7 standards that the Director of National Intelligence 

8 considers appropriate; or 

9 ‘‘(B) is necessary— 

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

11 capability or address a critical requirement; or 

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

13 on a project that is needed to achieve an essen14 tial capability, taking into consideration any al15 ternative solutions for preventing such adverse 

16 effect. 

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

18 2010, the amount referred to in paragraph (1) in the matter 

19 preceding subparagraph (A) shall be equal to the sum of— 

20 ‘‘(A) the amount in effect under such paragraph 

21 (1) for the preceding fiscal year (determined after ap22 plication of this paragraph), plus 

23 ‘‘(B) such amount multiplied by the annual per24 centage increase in the consumer price index (all 
37 

† HR 2701 EAS 

1 items; U.S. city average) as of September of the pre2 vious fiscal year. 

3 ‘‘(b) ENTERPRISE ARCHITECTURE FOR INTELLIGENCE

4 COMMUNITY BUSINESS SYSTEMS.—(1) The Director of Na5 tional Intelligence shall, acting through the board estab6 lished under subsection (f), develop and implement an en7 terprise architecture to cover all intelligence community 

8 business systems, and the functions and activities supported 

9 by such business systems. The enterprise architecture shall 

10 be sufficiently defined to effectively guide, constrain, and 

11 permit implementation of interoperable intelligence com12 munity business system solutions, consistent with applica13 ble policies and procedures established by the Director of 

14 the Office of Management and Budget. 

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

16 shall include the following: 

17 ‘‘(A) An information infrastructure that will en18 able the intelligence community to— 

19 ‘‘(i) comply with all Federal accounting, fi20 nancial management, and reporting require21 ments; 

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

23 and reliable financial information for manage24 ment purposes; 
38 

† HR 2701 EAS 

1 ‘‘(iii) integrate budget, accounting, and pro2 gram information and systems; and 

3 ‘‘(iv) provide for the measurement of per4 formance, including the ability to produce time5 ly, relevant, and reliable cost information. 

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

7 system interface requirements that apply uniformly 

8 throughout the intelligence community. 

9 ‘‘(c) RESPONSIBILITIES FOR INTELLIGENCE COMMU10 NITY BUSINESS SYSTEM TRANSFORMATION.—The Director 

11 of National Intelligence shall be responsible for the entire 

12 life cycle of an intelligence community business system 

13 transformation, including review, approval, and oversight 

14 of the planning, design, acquisition, deployment, operation, 

15 and maintenance of the business system transformation. 

16 ‘‘(d) INTELLIGENCE COMMUNITY BUSINESS SYSTEM

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

18 Business Transformation of the Office of the Director of Na19 tional Intelligence shall establish and implement, not later 

20 than 60 days after the enactment of the Intelligence Author21 ization Act for Fiscal Year 2010, an investment review 

22 process for the intelligence community business systems for 

23 which the Director of the Office of Business Transformation 

24 is responsible. 
39 

† HR 2701 EAS 

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

2 (1) shall— 

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

4 title 40, United States Code; and 

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

6 the Director of the Office of Business Transformation 

7 under such review process. 

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

9 (1) shall include the following elements: 

10 ‘‘(A) Review and approval by an investment re11 view board (consisting of appropriate representatives 

12 of the intelligence community) of each intelligence 

13 community business system as an investment before 

14 the obligation of funds for such system. 

15 ‘‘(B) Periodic review, but not less often than an16 nually, of every intelligence community business sys17 tem investment. 

18 ‘‘(C) Thresholds for levels of review to ensure ap19 propriate review of intelligence community business 

20 system investments depending on the scope, com21 plexity, and cost of the system involved. 

22 ‘‘(D) Procedures for making certifications in ac23 cordance with the requirements of subsection (a)(2). 

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

25 after fiscal year 2011, the Director of National Intelligence 
40 

† HR 2701 EAS 

1 shall include in the materials the Director submits to Con2 gress in support of the budget for such fiscal year that is 

3 submitted to Congress under section 1105 of title 31, United 

4 States Code, the following information: 

5 ‘‘(1) An identification of each intelligence com6 munity business system for which funding is proposed 

7 in such budget. 

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

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

12 and maintain such system; 

13 ‘‘(B) funds for business systems moderniza14 tion identified for each specific appropriation; 

15 and 

16 ‘‘(C) funds for associated business process 

17 improvement or reengineering efforts. 

18 ‘‘(3) The certification, if any, made under sub19 section (a)(2) with respect to each such system. 

20 ‘‘(f) INTELLIGENCE COMMUNITY BUSINESS SYSTEM

21 TRANSFORMATION GOVERNANCE BOARD.—(1) The Director 

22 of National Intelligence shall establish a board within the 

23 intelligence community business system transformation 

24 governance structure (in this subsection referred to as the 

25 ‘Board’). 
41 

† HR 2701 EAS 

1 ‘‘(2) The Board shall— 

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

3 procedures necessary to effectively integrate all busi4 ness activities and any transformation, reform, reor5 ganization, or process improvement initiatives under6 taken within the intelligence community; 

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

8 ‘‘(i) the enterprise architecture developed 

9 under subsection (b); and 

10 ‘‘(ii) any plans for an intelligence commu11 nity business systems modernization; 

12 ‘‘(C) manage cross-domain integration consistent 

13 with such enterprise architecture; 

14 ‘‘(D) coordinate initiatives for intelligence com15 munity business system transformation to maximize 

16 benefits and minimize costs for the intelligence com17 munity, and periodically report to the Director on the 

18 status of efforts to carry out an intelligence commu19 nity business system transformation; 

20 ‘‘(E) ensure that funds are obligated for intel21 ligence community business system transformation in 

22 a manner consistent with subsection (a); and 

23 ‘‘(F) carry out such other duties as the Director 

24 shall specify. 
42 

† HR 2701 EAS 

1 ‘‘(g) RELATION TO ANNUAL REGISTRATION REQUIRE2 MENTS.—Nothing in this section shall be construed to alter 

3 the requirements of section 8083 of the Department of De4 fense Appropriations Act, 2005 (Public Law 108–287; 118 

5 Stat. 989), with regard to information technology systems 

6 (as defined in subsection (d) of such section). 

7 ‘‘(h) RELATIONSHIP TO DEFENSE BUSINESS ENTER8 PRISE ARCHITECTURE.—Nothing in this section shall be 

9 construed to exempt funds authorized to be appropriated 

10 to the Department of Defense from the requirements of sec11 tion 2222 of title 10, United States Code, to the extent that 

12 such requirements are otherwise applicable. 

13 ‘‘(i) RELATION TO CLINGER-COHEN ACT.—(1) Execu14 tive agency responsibilities in chapter 113 of title 40, 

15 United States Code, for any intelligence community busi16 ness system transformation shall be exercised jointly by— 

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

18 the Chief Information Officer of the Intelligence Com19 munity; and 

20 ‘‘(B) the head of the executive agency that con21 tains the element of the intelligence community in22 volved and the chief information officer of that execu23 tive agency. 

24 ‘‘(2) The Director of National Intelligence and the head 

25 of the executive agency referred to in paragraph (1)(B) shall 
43 

† HR 2701 EAS 

1 enter into a Memorandum of Understanding to carry out 

2 the requirements of this section in a manner that best meets 

3 the needs of the intelligence community and the executive 

4 agency. 

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

6 the years 2011 through 2015, the Director of National Intel7 ligence shall submit to the congressional intelligence com8 mittees a report on the compliance of the intelligence com9 munity with the requirements of this section. Each such re10 port shall— 

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

12 meeting the requirements of subsection (a), includ13 ing— 

14 ‘‘(A) specific milestones and actual perform15 ance against specified performance measures, 

16 and any revision of such milestones and per17 formance measures; and 

18 ‘‘(B) specific actions on the intelligence 

19 community business system transformations sub20 mitted for certification under such subsection; 

21 ‘‘(2) identify the number of intelligence commu22 nity business system transformations that received a 

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

24 ‘‘(3) describe specific improvements in business 

25 operations and cost savings resulting from successful 
44 

† HR 2701 EAS 

1 intelligence community business systems trans2 formation efforts. 

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

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

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

6 44, United States Code. 

7 ‘‘(2) The terms ‘information system’ and ‘infor8 mation technology’ have the meanings given those 

9 terms in section 11101 of title 40, United States Code. 

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

11 system’ means an information system, including a 

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

13 on behalf of an element of the intelligence community, 

14 including a financial system, mixed system, financial 

15 data feeder system, and the business infrastructure 

16 capabilities shared by the systems of the business en17 terprise architecture, including people, process, and 

18 technology, that build upon the core infrastructure 

19 used to support business activities, such as acquisi20 tion, financial management, logistics, strategic plan21 ning and budgeting, installations and environment, 

22 and human resource management. 

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

24 system transformation’ means— 
45 

† HR 2701 EAS 

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

2 new intelligence community business system; or 

3 ‘‘(B) any significant modification or en4 hancement of an existing intelligence community 

5 business system (other than necessary to main6 tain current services). 

7 ‘‘(5) The term ‘national security system’ has the 

8 meaning given that term in section 3542 of title 44, 

9 United States Code. 

10 ‘‘(6) The term ‘Office of Business Trans11 formation of the Office of the Director of National In12 telligence’ includes any successor office that assumes 

13 the functions of the Office of Business Transformation 

14 of the Office of the Director of National Intelligence 

15 as carried out by the Office of Business Trans16 formation on the date of the enactment of the Intel17 ligence Authorization Act for Fiscal Year 2010.’’. 

18 (2) TABLE OF CONTENTS AMENDMENT.—The 

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

20 amended by section 321 of this Act, is further amend21 ed by inserting after the item relating to section 

22 506C, as added by section 321(a)(2), the following 

23 new item: 

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

24 (b) IMPLEMENTATION.— 
46 

† HR 2701 EAS 

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

2 after the date of the enactment of this Act, the Direc3 tor of National Intelligence shall designate a chair 

4 and other members to serve on the board established 

5 under subsection (f) of such section 506D of the Na6 tional Security Act of 1947 (as added by subsection 

7 (a)). 

8 (2) ENTERPRISE ARCHITECTURE.— 

9 (A) SCHEDULE FOR DEVELOPMENT.—The 

10 Director shall develop the enterprise architecture 

11 required by subsection (b) of such section 506D 

12 (as so added), including the initial Business En13 terprise Architecture for business transformation, 

14 not later than 60 days after the enactment of 

15 this Act. 

16 (B) REQUIREMENT FOR IMPLEMENTATION

17 PLAN.—In developing such an enterprise archi18 tecture, the Director shall develop an implemen19 tation plan for such enterprise architecture that 

20 includes the following: 

21 (i) An acquisition strategy for new sys22 tems that are expected to be needed to com23 plete such enterprise architecture, including 

24 specific time-phased milestones, performance 
47 

† HR 2701 EAS 

1 metrics, and a statement of the financial 

2 and nonfinancial resource needs. 

3 (ii) An identification of the intelligence 

4 community business systems in operation or 

5 planned as of the date that is 60 days after 

6 the enactment of this Act that will not be a 

7 part of such enterprise architecture, together 

8 with the schedule for the phased termination 

9 of the utilization of any such systems. 

10 (iii) An identification of the intel11 ligence community business systems in op12 eration or planned as of such date, that will 

13 be a part of such enterprise architecture, to14 gether with a strategy for modifying such 

15 systems to ensure that such systems comply 

16 with such enterprise architecture. 

17 (C) SUBMISSION OF ACQUISITION STRAT18 EGY.—Based on the results of an enterprise proc19 ess management review and the availability of 

20 funds, the Director shall submit the acquisition 

21 strategy described in subparagraph (B)(i) to the 

22 congressional intelligence committees not later 

23 than March 31, 2011. 
48 

† HR 2701 EAS 

1 SEC. 323. REPORTS ON THE ACQUISITION OF MAJOR SYS2 TEMS. 

3 (a) REPORTS.— 

4 (1) IN GENERAL.—Title V of the National Secu5 rity Act of 1947 (50 U.S.C. 413 et seq.), as amended 

6 by section 322 of this Act, is further amended by in7 serting after section 506D, as added by section 

8 322(a)(1), the following new section: 

9 ‘‘REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS

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

11 ‘‘(1) The term ‘cost estimate’— 

12 ‘‘(A) means an assessment and quantifica13 tion of all costs and risks associated with the ac14 quisition of a major system based upon reason15 ably available information at the time the Direc16 tor establishes the 2010 adjusted total acquisition 

17 cost for such system pursuant to subsection (h) 

18 or restructures such system pursuant to section 

19 506F(c); and 

20 ‘‘(B) does not mean an ‘independent cost es21 timate’. 

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

23 means a percentage increase in the total acquisition 

24 cost for a major system of at least 25 percent over the 

25 total acquisition cost for the major system as shown 
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1 in the current Baseline Estimate for the major sys2 tem. 

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

4 means the projected total acquisition cost of a major 

5 system that is— 

6 ‘‘(i) approved by the Director, or a designee 

7 of the Director, at Milestone B or an equivalent 

8 acquisition decision for the development, pro9 curement, and construction of such system; 

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

11 such system is restructured pursuant to section 

12 506F(c); or 

13 ‘‘(iii) the 2010 adjusted total acquisition 

14 cost determined pursuant to subsection (h). 

15 ‘‘(B) A current Baseline Estimate may be in the 

16 form of an independent cost estimate. 

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

18 the term ‘Director’ means the Director of National In19 telligence. 

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

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

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

23 6 largest prime, associate, or Government-furnished 

24 equipment contracts under a major system that is in 
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1 excess of $40,000,000 and that is not a firm, fixed 

2 price contract. 

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

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

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

6 enter into major system development and demonstra7 tion pursuant to guidance prescribed by the Director. 

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

9 ‘‘(A) the head of the element of the intel10 ligence community that is responsible for the 

11 budget, cost, schedule, and performance of a 

12 major system; or 

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

14 the Office of the Director of National Intel15 ligence, the deputy who is responsible for the 

16 budget, cost, schedule, and performance of the 

17 major system. 

18 ‘‘(10) The term ‘significant cost growth thresh19 old’ means the percentage increase in the total acqui20 sition cost for a major system of at least 15 percent 

21 over the total acquisition cost for such system as 

22 shown in the current Baseline Estimate for such sys23 tem. 

24 ‘‘(11) The term ‘total acquisition cost’ means the 

25 amount equal to the total cost for development and 
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1 procurement of, and system-specific construction for, 

2 a major system. 

3 ‘‘(b) MAJOR SYSTEM COST REPORTS.—(1) The pro4 gram manager for a major system shall, on a quarterly 

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

6 as described in paragraph (2). 

7 ‘‘(2) A major system cost report shall include the fol8 lowing information (as of the last day of the quarter for 

9 which the report is made): 

10 ‘‘(A) The total acquisition cost for the major sys11 tem. 

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

13 a major contract for the major system since the con14 tract was entered into. 

15 ‘‘(C) Any changes from a major system schedule 

16 milestones or performances that are known, expected, 

17 or anticipated by the program manager. 

18 ‘‘(D) Any significant changes in the total acqui19 sition cost for development and procurement of any 

20 software component of the major system, schedule 

21 milestones for such software component of the major 

22 system, or expected performance of such software com23 ponent of the major system that are known, expected, 

24 or anticipated by the program manager. 
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1 ‘‘(3) Each major system cost report required by para2 graph (1) shall be submitted not more than 30 days after 

3 the end of the reporting quarter. 

4 ‘‘(c) REPORTS FOR BREACH OF SIGNIFICANT OR CRIT5 ICAL COST GROWTH THRESHOLDS.—If the program man6 ager of a major system for which a report has previously 

7 been submitted under subsection (b) determines at any time 

8 during a quarter that there is reasonable cause to believe 

9 that the total acquisition cost for the major system has in10 creased by a percentage equal to or greater than the signifi11 cant cost growth threshold or critical cost growth threshold 

12 and if a report indicating an increase of such percentage 

13 or more has not previously been submitted to the Director, 

14 then the program manager shall immediately submit to the 

15 Director a major system cost report containing the informa16 tion, determined as of the date of the report, required under 

17 subsection (b). 

18 ‘‘(d) NOTIFICATION TO CONGRESS OF COST

19 GROWTH.—(1) Whenever a major system cost report is sub20 mitted to the Director, the Director shall determine whether 

21 the current acquisition cost for the major system has in22 creased by a percentage equal to or greater than the signifi23 cant cost growth threshold or the critical cost growth thresh24 old. 
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1 ‘‘(2) If the Director determines that the current total 

2 acquisition cost has increased by a percentage equal to or 

3 greater than the significant cost growth threshold or critical 

4 cost growth threshold, the Director shall submit to Congress 

5 a Major System Congressional Report pursuant to sub6 section (e). 

7 ‘‘(e) REQUIREMENT FOR MAJOR SYSTEM CONGRES8 SIONAL REPORT.—(1) Whenever the Director determines 

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

10 major system has increased by a percentage equal to or 

11 greater than the significant cost growth threshold for the 

12 major system, a Major System Congressional Report shall 

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

14 date on which the Director receives the major system cost 

15 report for such major system. 

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

17 determined by the Director under subsection (d)) increases 

18 by a percentage equal to or greater than the critical cost 

19 growth threshold for the program or subprogram, the Direc20 tor shall take actions consistent with the requirements of 

21 section 506F. 

22 ‘‘(f) MAJOR SYSTEM CONGRESSIONAL REPORT ELE23 MENTS.—(1) Except as provided in paragraph (2), each 

24 Major System Congressional Report shall include the fol25 lowing: 
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1 ‘‘(A) The name of the major system. 

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

3 ‘‘(C) The program phase of the major system as 

4 of the date of the preparation of the report. 

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

6 for the major system expressed in constant base-year 

7 dollars and in current dollars. 

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

9 major system in constant base-year dollars and in 

10 current dollars. 

11 ‘‘(F) A statement of the reasons for any increase 

12 in total acquisition cost for the major system. 

13 ‘‘(G) The completion status of the major sys14 tem— 

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

16 number of years for which funds have been ap17 propriated for the major system is of the number 

18 of years for which it is planned that funds will 

19 be appropriated for the major system; and 

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

21 amount of funds that have been appropriated for 

22 the major system is of the total amount of funds 

23 which it is planned will be appropriated for the 

24 major system. 
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1 ‘‘(H) The fiscal year in which the major system 

2 was first authorized and in which funds for such sys3 tem were first appropriated by Congress. 

4 ‘‘(I) The current change and the total change, in 

5 dollars and expressed as a percentage, in the total ac6 quisition cost for the major system, stated both in 

7 constant base-year dollars and in current dollars. 

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

9 under the major system and the current change and 

10 total change, if any, in that quantity. 

11 ‘‘(K) The identities of the officers responsible for 

12 management and cost control of the major system. 

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

14 to control future cost growth of the major system. 

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

16 schedule milestones of the major system and the extent 

17 to which such changes have contributed to the increase 

18 in total acquisition cost for the major system. 

19 ‘‘(N) The following contract performance assess20 ment information with respect to each major contract 

21 under the major system: 

22 ‘‘(i) The name of the contractor. 

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

24 the time of the preparation of the report. 
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1 ‘‘(iii) The percentage of work under the con2 tract that has been completed. 

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

4 change, in dollars and expressed as a percentage, 

5 in the contract cost. 

6 ‘‘(v) The percentage by which the contract is 

7 currently ahead of or behind schedule. 

8 ‘‘(vi) A narrative providing a summary ex9 planation of the most significant occurrences, in10 cluding cost and schedule variances under major 

11 contracts of the major system, contributing to the 

12 changes identified and a discussion of the effect 

13 these occurrences will have on the future costs 

14 and schedule of the major system. 

15 ‘‘(O) In any case in which one or more problems 

16 with a software component of the major system sig17 nificantly contributed to the increase in costs of the 

18 major system, the action taken and proposed to be 

19 taken to solve such problems. 

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

21 for a major system for which the increase in the total acqui22 sition cost is due to termination or cancellation of the entire 

23 major system shall include only— 

24 ‘‘(A) the information described in subparagraphs 

25 (A) through (F) of paragraph (1); and 
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1 ‘‘(B) the total percentage change in total acquisi2 tion cost for such system. 

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

4 determination of an increase by a percentage equal to or 

5 greater than the significant cost growth threshold is made 

6 by the Director under subsection (d) and a Major System 

7 Congressional Report containing the information described 

8 in subsection (f) is not submitted to Congress under sub9 section (e)(1), or if a determination of an increase by a 

10 percentage equal to or greater than the critical cost growth 

11 threshold is made by the Director under subsection (d) and 

12 the Major System Congressional Report containing the in13 formation described in subsection (f) and section 506F(b)(3) 

14 and the certification required by section 506F(b)(2) are not 

15 submitted to Congress under subsection (e)(2), funds appro16 priated for construction, research, development, test, evalua17 tion, and procurement may not be obligated for a major 

18 contract under the major system. The prohibition on the 

19 obligation of funds for a major system shall cease to apply 

20 at the end of the 45-day period that begins on the date— 

21 ‘‘(1) on which Congress receives the Major Sys22 tem Congressional Report under subsection (e)(1) 

23 with respect to that major system, in the case of a de24 termination of an increase by a percentage equal to 
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1 or greater than the significant cost growth threshold 

2 (as determined in subsection (d)); or 

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

4 System Congressional Report under subsection (e)(2) 

5 and the certification of the Director under section 

6 506F(b)(2) with respect to that major system, in the 

7 case of an increase by a percentage equal to or greater 

8 than the critical cost growth threshold (as determined 

9 under subsection (d)). 

10 ‘‘(h) TREATMENT OF COST INCREASES PRIOR TO EN11 ACTMENT OF INTELLIGENCE AUTHORIZATION ACT FOR FIS12 CAL YEAR 2010.—(1) Not later than 180 days after the date 

13 of the enactment of the Intelligence Authorization Act for 

14 Fiscal Year 2010, the Director— 

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

16 the total acquisition cost of such major system in17 creased by a percentage equal to or greater than the 

18 significant cost growth threshold or the critical cost 

19 growth threshold prior to such date of enactment; 

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

21 which the total acquisition cost has increased by a 

22 percentage equal to or greater than the significant 

23 cost growth threshold or the critical cost growth 

24 threshold prior to such date of enactment a revised 
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1 current Baseline Estimate based upon an updated 

2 cost estimate; 

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

4 subparagraph (B), establish a revised current Base5 line Estimate based upon an updated cost estimate; 

6 and 

7 ‘‘(D) shall submit to Congress a report describ8 ing— 

9 ‘‘(i) each determination made under sub10 paragraph (A); 

11 ‘‘(ii) each revised current Baseline Estimate 

12 established for a major system under subpara13 graph (B); and 

14 ‘‘(iii) each revised current Baseline Esti15 mate established for a major system under sub16 paragraph (C), including the percentage increase 

17 of the total acquisition cost of such major system 

18 that occurred prior to the date of the enactment 

19 of such Act. 

20 ‘‘(2) The revised current Baseline Estimate established 

21 for a major system under subparagraph (B) or (C) of para22 graph (1) shall be the 2010 adjusted total acquisition cost 

23 for the major system and may include the estimated cost 

24 of conducting any vulnerability assessments for such major 

25 system required under section 506C. 
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1 ‘‘(i) REQUIREMENTS TO USE BASE YEAR DOLLARS.— 

2 Any determination of a percentage increase under this sec3 tion shall be stated in terms of constant base year dollars. 

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

5 submitted under this section may be submitted in a classi6 fied form.’’. 

7 (2) APPLICABILITY DATE OF QUARTERLY RE8 PORTS.—The first report required to be submitted 

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

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

11 this subsection, shall be submitted with respect to the 

12 first fiscal quarter that begins on a date that is not 

13 less than 180 days after the date of the enactment of 

14 this Act. 

15 (3) TABLE OF CONTENTS AMENDMENT.—The 

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

17 amended by section 322 of this Act, is further amend18 ed by inserting after the item relating to section 

19 506D, as added by section 322(a)(2), the following 

20 new item: 

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

21 (b) MAJOR DEFENSE ACQUISITION PROGRAMS.—Noth22 ing in this section, section 324, or an amendment made 

23 by this section or section 324, shall be construed to exempt 

24 an acquisition program of the Department of Defense from 

25 the requirements of chapter 144 of title 10, United States 
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1 Code or Department of Defense Directive 5000, to the extent 

2 that such requirements are otherwise applicable. 

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

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

5 Act of 1947 (50 U.S.C. 413 et seq.), as amended by section 

6 323 of this Act, is further amended by inserting after section 

7 506E, as added by section 323(a), the following new section: 

8 ‘‘CRITICAL COST GROWTH IN MAJOR SYSTEMS

9 ‘‘SEC. 506F. (a) REASSESSMENT OF MAJOR SYS10 TEM.—If the Director of National Intelligence determines 

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

12 major system has increased by a percentage equal to or 

13 greater than the critical cost growth threshold for the major 

14 system, the Director shall— 

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

16 critical cost growth, in accordance with applicable 

17 statutory requirements, policies, procedures, and 

18 guidance; and 

19 ‘‘(2) carry out an assessment of— 

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

21 major system if current requirements are not 

22 modified; 

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

24 major system based on reasonable modification 

25 of such requirements; 
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1 ‘‘(C) the rough order of magnitude of the 

2 costs of any reasonable alternative system or ca3 pability; and 

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

5 systems due to the growth in cost of the major 

6 system. 

7 ‘‘(b) PRESUMPTION OF TERMINATION.—(1) After con8 ducting the reassessment required by subsection (a) with re9 spect to a major system, the Director shall terminate the 

10 major system unless the Director submits to Congress a 

11 Major System Congressional Report containing a certifi12 cation in accordance with paragraph (2) and the informa13 tion described in paragraph (3). The Director shall submit 

14 such Major System Congressional Report and certification 

15 not later than 90 days after the date the Director receives 

16 the relevant major system cost report under subsection (b) 

17 or (c) of section 506E. 

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

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

20 ‘‘(A) the continuation of the major system is es21 sential to the national security; 

22 ‘‘(B) there are no alternatives to the major sys23 tem that will provide acceptable capability to meet 

24 the intelligence requirement at less cost; 
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1 ‘‘(C) the new estimates of the total acquisition 

2 cost have been determined by the Director to be rea3 sonable; 

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

5 other systems whose funding must be reduced to ac6 commodate the growth in cost of the major system; 

7 and 

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

9 system is adequate to manage and control the total 

10 acquisition cost. 

11 ‘‘(3) A Major System Congressional Report accom12 panying a written certification under paragraph (2) shall 

13 include, in addition to the requirements of section 506E(e), 

14 the root cause analysis and assessment carried out pursuant 

15 to subsection (a), the basis for each determination made in 

16 accordance with subparagraphs (A) through (E) of para17 graph (2), and a description of all funding changes made 

18 as a result of the growth in the cost of the major system, 

19 including reductions made in funding for other systems to 

20 accommodate such cost growth, together with supporting 

21 documentation. 

22 ‘‘(c) ACTIONS IF MAJOR SYSTEM NOT TERMINATED.— 

23 If the Director elects not to terminate a major system pur24 suant to subsection (b), the Director shall— 
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1 ‘‘(1) restructure the major system in a manner 

2 that addresses the root cause or causes of the critical 

3 cost growth, as identified pursuant to subsection (a), 

4 and ensures that the system has an appropriate man5 agement structure as set forth in the certification sub6 mitted pursuant to subsection (b)(2)(E); 

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

8 for the major system; 

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

10 major system before taking any action to enter a new 

11 contract, exercise an option under an existing con12 tract, or otherwise extend the scope of an existing con13 tract under the system, except to the extent deter14 mined necessary by the Milestone Decision Authority, 

15 on a nondelegable basis, to ensure that the system 

16 may be restructured as intended by the Director with17 out unnecessarily wasting resources; 

18 ‘‘(4) establish a revised current Baseline Esti19 mate for the major system based upon an updated 

20 cost estimate; and 

21 ‘‘(5) conduct regular reviews of the major system. 

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

23 major system is terminated pursuant to subsection (b), the 

24 Director shall submit to Congress a written report setting 

25 forth— 
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1 ‘‘(1) an explanation of the reasons for termi2 nating the major system; 

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

4 problems in the major system; and 

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

6 meet any intelligence requirements otherwise intended 

7 to be met by the major system. 

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

9 required to be submitted under this section may be sub10 mitted in a classified form. 

11 ‘‘(f) WAIVER.—(1) The Director may waive the re12 quirements of subsections (d)(2), (e), and (g) of section 

13 506E and subsections (a)(2), (b), (c), and (d) of this section 

14 with respect to a major system if the Director determines 

15 that at least 90 percent of the amount of the current Base16 line Estimate for the major system has been expended. 

17 ‘‘(2)(A) If the Director grants a waiver under para18 graph (1) with respect to a major system, the Director shall 

19 submit to the congressional intelligence committees written 

20 notice of the waiver that includes— 

21 ‘‘(i) the information described in section 506E(f); 

22 and 

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

24 major system has increased by a percentage equal to 

25 or greater than the critical cost growth threshold— 
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1 ‘‘(I) a determination of the root cause or 

2 causes of the critical cost growth, as described in 

3 subsection (a)(1); and 

4 ‘‘(II) a certification that includes the ele5 ments described in subparagraphs (A), (B), and 

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

7 ‘‘(B) The Director shall submit the written notice re8 quired by subparagraph (A) not later than 90 days after 

9 the date that the Director receives a major system cost re10 port under subsection (b) or (c) of section 506E that indi11 cates that the total acquisition cost for the major system 

12 has increased by a percentage equal to or greater than the 

13 significant cost growth threshold or critical cost growth 

14 threshold. 

15 ‘‘(g) DEFINITIONS.—In this section, the terms ‘cost es16 timate’, ‘critical cost growth threshold’, ‘current Baseline 

17 Estimate’, ‘major system’, and ‘total acquisition cost’ have 

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

19 (b) TABLE OF CONTENTS AMENDMENT.—The table of 

20 contents in the first section of that Act, as amended by sec21 tion 323 of this Act, is further amended by inserting after 

22 the items relating to section 506E, as added by section 

23 323(a)(3), the following new item: 

‘‘Sec. 506F. Critical cost growth in major systems.’’. 
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1 SEC. 325. FUTURE BUDGET PROJECTIONS. 

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

3 Act of 1947 (50 U.S.C. 413 et seq.), as amended by section 

4 324 of this Act, is further amended by inserting after section 

5 506F, as added by section 324(a), the following new section: 

6 ‘‘FUTURE BUDGET PROJECTIONS

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

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

9 concurrence of the Director of the Office of Management and 

10 Budget, shall provide to the congressional intelligence com11 mittees a Future Year Intelligence Plan, as described in 

12 paragraph (2), for— 

13 ‘‘(A) each expenditure center in the National In14 telligence Program; and 

15 ‘‘(B) each major system in the National Intel16 ligence Program. 

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

18 under this subsection shall include the year-by-year pro19 posed funding for each center or system referred to in sub20 paragraph (A) or (B) of paragraph (1), for the budget year 

21 for which the Plan is submitted and not less than the 4 

22 subsequent fiscal years. 

23 ‘‘(B) A Future Year Intelligence Plan submitted under 

24 subparagraph (B) of paragraph (1) for a major system shall 

25 include— 
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1 ‘‘(i) the estimated total life-cycle cost of such 

2 major system; and 

3 ‘‘(ii) major milestones that have significant re4 source implications for such major system. 

5 ‘‘(b) LONG-TERM BUDGET PROJECTIONS.—(1) The Di6 rector of National Intelligence, with the concurrence of the 

7 Director of the Office of Management and Budget, shall pro8 vide to the congressional intelligence committees a Long9 term Budget Projection for each element of the intelligence 

10 community funded under the National Intelligence Pro11 gram acquiring a major system that includes the budget 

12 for such element for the 5-year period that begins on the 

13 day after the end of the last fiscal year for which year14 by-year proposed funding is included in a Future Year In15 telligence Plan for such major system in accordance with 

16 subsection (a)(2)(A). 

17 ‘‘(2) A Long-term Budget Projection submitted under 

18 paragraph (1) shall include— 

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

20 the intelligence community for— 

21 ‘‘(i) pay and benefits of officers and em22 ployees of such element; 

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

24 minor acquisitions of such element; 
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1 ‘‘(iii) research and technology required by 

2 such element; 

3 ‘‘(iv) current and planned major system ac4 quisitions for such element; 

5 ‘‘(v) any future major system acquisitions 

6 for such element; and 

7 ‘‘(vi) any additional funding projections 

8 that the Director of National Intelligence con9 siders appropriate; 

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

11 and schedule execution of current or planned major 

12 system acquisitions and application of Office of Man13 agement and Budget inflation estimates to future 

14 major system acquisitions; 

15 ‘‘(C) any additional assumptions and projections 

16 that the Director of National Intelligence considers 

17 appropriate; and 

18 ‘‘(D) a description of whether, and to what ex19 tent, the total projection for each year exceeds the level 

20 that would result from applying the most recent Of21 fice of Management and Budget inflation estimate to 

22 the budget of that element of the intelligence commu23 nity. 

24 ‘‘(c) SUBMISSION TO CONGRESS.—The Director of Na25 tional Intelligence, with the concurrence of the Director of 
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1 the Office of Management and Budget, shall submit to the 

2 congressional intelligence committees each Future Year In3 telligence Plan or Long-term Budget Projection required 

4 under subsection (a) or (b) for a fiscal year at the time 

5 that the President submits to Congress the budget for such 

6 fiscal year pursuant section 1105 of title 31, United States 

7 Code. 

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

9 The Director of National Intelligence, with the concurrence 

10 of the Director of the Office of Management and Budget, 

11 shall prepare a report on the acquisition of a major system 

12 funded under the National Intelligence Program before the 

13 time that the President submits to Congress the budget for 

14 the first fiscal year in which appropriated funds are antici15 pated to be obligated for the development or procurement 

16 of such major system. 

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

18 assessment of whether, and to what extent, such acquisition, 

19 if developed, procured, and operated, is projected to cause 

20 an increase in the most recent Future Year Intelligence 

21 Plan and Long-term Budget Projection submitted under 

22 section 506G for an element of the intelligence community. 

23 ‘‘(3) The Director of National Intelligence shall update 

24 the report whenever an independent cost estimate must be 

25 updated pursuant to section 506A(a)(4). 
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1 ‘‘(4) The Director of National Intelligence shall submit 

2 each report required by this subsection at the time that the 

3 President submits to Congress the budget for a fiscal year 

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

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

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

7 means the next fiscal year for which the President is 

8 required to submit to Congress a budget pursuant to 

9 section 1105 of title 31, United States Code. 

10 ‘‘(2) INDEPENDENT COST ESTIMATE; MAJOR SYS11 TEM.—The terms ‘independent cost estimate’ and 

12 ‘major system’ have the meaning given those terms in 

13 section 506A(e).’’. 

14 (b) APPLICABILITY DATE.—The first Future Year In15 telligence Plan and Long-term Budget Projection required 

16 to be submitted under subsection (a) and (b) of section 506G 

17 of the National Security Act of 1947, as added by subsection 

18 (a), shall be submitted to the congressional intelligence com19 mittees at the time that the President submits to Congress 

20 the budget for fiscal year 2012 pursuant to section 1105 

21 of title 31, United States Code. 

22 (c) CONFORMING AMENDMENTS.— 

23 (1) TABLE OF CONTENTS AMENDMENT.—The 

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

25 amended by section 324 of this Act, is further amend-
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1 ed by inserting after the items relating to section 

2 506F, as added by section 324(b), the following new 

3 item: 

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

4 (2) REPEAL OF DUPLICATIVE PROVISION.—Sec5 tion 8104 of the Department of Defense Appropria6 tions Act, 2010 (50 U.S.C. 415a–3; Public Law 111– 

7 118; 123 Stat. 3451) is repealed. 

8 SEC. 326. NATIONAL INTELLIGENCE PROGRAM FUNDED AC9 QUISITIONS. 

10 Subsection (n) of section 102A of the National Security 

11 Act of 1947 (50 U.S.C. 403–1) is amended by adding at 

12 the end the following new paragraph: 

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

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

15 authorize the head of an element of the intelligence commu16 nity to exercise an acquisition authority referred to in sec17 tion 3 or 8(a) of the Central Intelligence Agency Act of 1949 

18 (50 U.S.C. 403c and 403j(a)) for an acquisition by such 

19 element that is more than 50 percent funded under the Na20 tional Intelligence Program. 

21 ‘‘(B) The head of an element of the intelligence commu22 nity may not exercise an authority referred to in subpara23 graph (A) until— 
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1 ‘‘(i) the head of such element (without delega2 tion) submits to the Director of National Intelligence 

3 a written request that includes— 

4 ‘‘(I) a description of such authority re5 quested to be exercised; 

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

7 authority, including an explanation of the rea8 sons that other authorities are insufficient; and 

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

10 such element would be— 

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

12 exercised; or 

13 ‘‘(bb) significantly and measurably en14 hanced if such authority is exercised; and 

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

16 a written authorization that includes— 

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

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

19 exercised; and 

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

21 of such authority. 

22 ‘‘(C) A request and authorization to exercise an au23 thority referred to in subparagraph (A) may be made with 

24 respect to an individual acquisition or with respect to a 
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1 specific class of acquisitions described in the request and 

2 authorization referred to in subparagraph (B). 

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

4 intelligence community located within one of the depart5 ments described in clause (ii) to exercise an authority re6 ferred to in subparagraph (A) shall be submitted to the Di7 rector of National Intelligence in accordance with any pro8 cedures established by the head of such department. 

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

10 Department of Defense, the Department of Energy, the De11 partment of Homeland Security, the Department of Justice, 

12 the Department of State, and the Department of the Treas13 ury. 

14 ‘‘(E)(i) The head of an element of the intelligence com15 munity may not be authorized to utilize an authority re16 ferred to in subparagraph (A) for a class of acquisitions 

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

18 of National Intelligence (without delegation) may authorize 

19 the use of such an authority for not more than 6 years. 

20 ‘‘(ii) Each authorization to utilize an authority re21 ferred to in subparagraph (A) may be extended in accord22 ance with the requirements of subparagraph (B) for succes23 sive periods of not more than 3 years, except that the Direc24 tor of National Intelligence (without delegation) may au25 thorize an extension period of not more than 6 years. 
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1 ‘‘(F) Subject to clauses (i) and (ii) of subparagraph 

2 (E), the Director of National Intelligence may only delegate 

3 the authority of the Director under subparagraphs (A) 

4 through (E) to the Principal Deputy Director of National 

5 Intelligence or a Deputy Director of National Intelligence. 

6 ‘‘(G) The Director of National Intelligence shall sub7 mit— 

8 ‘‘(i) to the congressional intelligence committees 

9 a notification of an authorization to exercise an au10 thority referred to in subparagraph (A) or an exten11 sion of such authorization that includes the written 

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

13 and 

14 ‘‘(ii) to the Director of the Office of Management 

15 and Budget a notification of an authorization to exer16 cise an authority referred to in subparagraph (A) for 

17 an acquisition or class of acquisitions that will exceed 

18 $50,000,000 annually. 

19 ‘‘(H) Requests and authorizations to exercise an au20 thority referred to in subparagraph (A) shall remain avail21 able within the Office of the Director of National Intel22 ligence for a period of at least 6 years following the date 

23 of such request or authorization. 

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

25 alter or otherwise limit the authority of the Central Intel-
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1 ligence Agency to independently exercise an authority under 

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

3 1949 (50 U.S.C. 403c and 403j(a)).’’. 

4 Subtitle D—Congressional 

5 Oversight, Plans, and Reports 

6 SEC. 331. NOTIFICATION PROCEDURES. 

7 (a) PROCEDURES.—Section 501(c) of the National Se8 curity Act of 1947 (50 U.S.C. 413(c)) is amended by strik9 ing ‘‘such procedures’’ and inserting ‘‘such written proce10 dures’’. 

11 (b) INTELLIGENCE ACTIVITIES.—Section 502(a)(2) of 

12 such Act (50 U.S.C. 413a(a)(2)) is amended by inserting 

13 ‘‘(including the legal basis under which the intelligence ac14 tivity is being or was conducted)’’ after ‘‘concerning intel15 ligence activities’’. 

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

17 U.S.C. 413b) is amended— 

18 (1) in subsection (b)(2), by inserting ‘‘(including 

19 the legal basis under which the covert action is being 

20 or was conducted)’’ after ‘‘concerning covert actions’’; 

21 (2) in subsection (c)— 

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

23 writing’’ after ‘‘be reported’’; 
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1 (B) in paragraph (4), by striking ‘‘com2 mittee. When’’ and inserting the following: ‘‘com3 mittee. 

4 ‘‘(5)(A) When’’; and 

5 (C) in paragraph (5), as designated by sub6 paragraph (B)— 

7 (i) in subparagraph (A), as so des8 ignated— 

9 (I) by inserting ‘‘, or a notifica10 tion provided under subsection (d)(1),’’ 

11 after ‘‘access to a finding’’; 

12 (II) by inserting ‘‘written’’ before 

13 ‘‘statement’’; and 

14 (ii) by adding at the end the following 

15 new subparagraph: 

16 ‘‘(B) Not later than 180 days after a state17 ment of reasons is submitted in accordance with 

18 subparagraph (A) or this subparagraph, the 

19 President shall ensure that— 

20 ‘‘(i) all members of the congressional 

21 intelligence committees are provided access 

22 to the finding or notification; or 

23 ‘‘(ii) a statement of reasons that it is 

24 essential to continue to limit access to such 

25 finding or such notification to meet extraor-
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1 dinary circumstances affecting vital inter2 ests of the United States is submitted to the 

3 Members of Congress specified in paragraph 

4 (2).’’; 

5 (3) in subsection (d)— 

6 (A) by striking ‘‘(d) The President’’ and in7 serting ‘‘(d)(1) The President’’; 

8 (B) in paragraph (1), as designated by sub9 paragraph (A), by inserting ‘‘in writing’’ after 

10 ‘‘notified’’; and 

11 (C) by adding at the end the following new 

12 paragraph: 

13 ‘‘(2) In determining whether an activity con14 stitutes a significant undertaking for purposes of 

15 paragraph (1), the President shall consider whether 

16 the activity— 

17 ‘‘(A) involves significant risk of loss of life; 

18 ‘‘(B) requires an expansion of existing au19 thorities, including authorities relating to re20 search, development, or operations; 

21 ‘‘(C) results in the expenditure of signifi22 cant funds or other resources; 

23 ‘‘(D) requires notification under section 

24 504; 
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1 ‘‘(E) gives rise to a significant risk of dis2 closing intelligence sources or methods; or 

3 ‘‘(F) presents a reasonably foreseeable risk 

4 of serious damage to the diplomatic relations of 

5 the United States if such activity were disclosed 

6 without authorization.’’; and 

7 (4) by adding at the end the following new sub8 section: 

9 ‘‘(g)(1) In any case where access to a finding reported 

10 under subsection (c) or notification provided under sub11 section (d)(1) is not made available to all members of a 

12 congressional intelligence committee in accordance with 

13 subsection (c)(2), the President shall notify all members of 

14 such committee that such finding or such notification has 

15 been provided only to the members specified in subsection 

16 (c)(2). 

17 ‘‘(2) In any case where access to a finding reported 

18 under subsection (c) or notification provided under sub19 section (d)(1) is not made available to all members of a 

20 congressional intelligence committee in accordance with 

21 subsection (c)(2), the President shall provide to all members 

22 of such committee a general description regarding the find23 ing or notification, as applicable, consistent with the rea24 sons for not yet fully informing all members of such com25 mittee. 
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1 ‘‘(3) The President shall maintain— 

2 ‘‘(A) a record of the members of Congress to 

3 whom a finding is reported under subsection (c) or 

4 notification is provided under subsection (d)(1) and 

5 the date on which each member of Congress receives 

6 such finding or notification; and 

7 ‘‘(B) each written statement provided under sub8 section (c)(5).’’. 

9 SEC. 332. CERTIFICATION OF COMPLIANCE WITH OVER10 SIGHT REQUIREMENTS. 

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

12 Act of 1947 (50 U.S.C. 413 et seq.), as amended by section 

13 325 of this Act, is further amended by adding at the end 

14 the following new section: 

15 ‘‘CERTIFICATION OF COMPLIANCE WITH OVERSIGHT

16 REQUIREMENTS

17 ‘‘SEC. 508. The head of each element of the intelligence 

18 community shall annually submit to the congressional in19 telligence committees— 

20 ‘‘(1) a certification that, to the best of the knowl21 edge of the head of such element— 

22 ‘‘(A) the head of such element is in full com23 pliance with the requirements of this title; and 

24 ‘‘(B) any information required to be sub25 mitted by the head of such element under this 
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1 Act before the date of the submission of such cer2 tification has been properly submitted; or 

3 ‘‘(2) if the head of such element is unable to sub4 mit a certification under paragraph (1), a state5 ment— 

6 ‘‘(A) of the reasons the head of such element 

7 is unable to submit such a certification; 

8 ‘‘(B) describing any information required to 

9 be submitted by the head of such element under 

10 this Act before the date of the submission of such 

11 statement that has not been properly submitted; 

12 and 

13 ‘‘(C) that the head of such element will sub14 mit such information as soon as possible after 

15 the submission of such statement.’’. 

16 (b) APPLICABILITY DATE.—The first certification or 

17 statement required to be submitted by the head of each ele18 ment of the intelligence community under section 508 of 

19 the National Security Act of 1947, as added by subsection 

20 (a), shall be submitted not later than 90 days after the date 

21 of the enactment of this Act. 

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

23 contents in the first section of the National Security Act 

24 of 1947, as amended by section 325 of this Act, is further 
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1 amended by inserting after the item related to section 507 

2 the following new item: 

‘‘Sec. 508. Certification of compliance with oversight requirements.’’. 

3 SEC. 333. REPORT ON DETENTION AND INTERROGATION 

4 ACTIVITIES. 

5 (a) REQUIREMENT FOR REPORT.—Not later than De6 cember 1, 2010, the Director of National Intelligence, in co7 ordination with the Attorney General and the Secretary of 

8 Defense, shall submit to the congressional intelligence com9 mittees a comprehensive report containing— 

10 (1) the policies and procedures of the United 

11 States Government governing participation by an ele12 ment of the intelligence community in the interroga13 tion of individuals detained by the United States who 

14 are suspected of international terrorism with the ob15 jective, in whole or in part, of acquiring national in16 telligence, including such policies and procedures of 

17 each appropriate element of the intelligence commu18 nity or interagency body established to carry out in19 terrogations; 

20 (2) the policies and procedures relating to any 

21 detention by the Central Intelligence Agency of such 

22 individuals in accordance with Executive Order 

23 13491; 

24 (3) the legal basis for the policies and procedures 

25 referred to in paragraphs (1) and (2); 
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1 (4) the training and research to support the poli2 cies and procedures referred to in paragraphs (1) and 

3 (2); and 

4 (5) any action that has been taken to implement 

5 section 1004 of the Detainee Treatment Act of 2005 

6 (42 U.S.C. 2000dd–1). 

7 (b) OTHER SUBMISSION OF REPORT.— 

8 (1) CONGRESSIONAL ARMED SERVICES COMMIT9 TEES.—To the extent that the report required by sub10 section (a) addresses an element of the intelligence 

11 community within the Department of Defense, the Di12 rector of National Intelligence, in consultation with 

13 the Secretary of Defense, shall submit that portion of 

14 the report, and any associated material that is nec15 essary to make that portion understandable, to the 

16 Committee on Armed Services of the Senate and the 

17 Committee on Armed Services of the House of Rep18 resentatives. The Director of National Intelligence 

19 may authorize redactions of the report and any asso20 ciated materials submitted pursuant to this para21 graph, if such redactions are consistent with the pro22 tection of sensitive intelligence sources and methods. 

23 (2) CONGRESSIONAL JUDICIARY COMMITTEES.— 

24 To the extent that the report required by subsection 

25 (a) addresses an element of the intelligence commu-
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1 nity within the Department of Justice, the Director of 

2 National Intelligence, in consultation with the Attor3 ney General, shall submit that portion of the report, 

4 and any associated material that is necessary to make 

5 that portion understandable, to the Committee on the 

6 Judiciary of the Senate and the Committee on the Ju7 diciary of the House of Representatives. The Director 

8 of National Intelligence may authorize redactions of 

9 the report and any associated materials submitted 

10 pursuant to this paragraph, if such redactions are 

11 consistent with the protection of sensitive intelligence 

12 sources and methods. 

13 (c) FORM OF SUBMISSIONS.—Any submission required 

14 under this section may be submitted in classified form. 

15 SEC. 334. SUMMARY OF INTELLIGENCE RELATING TO TER16 RORIST RECIDIVISM OF DETAINEES HELD AT 

17 UNITED STATES NAVAL STATION, GUANTA18 NAMO BAY, CUBA. 

19 Not later than 60 days after the date of the enactment 

20 of this Act, the Director of National Intelligence, in con21 sultation with the Director of the Central Intelligence Agen22 cy and the Director of the Defense Intelligence Agency, shall 

23 make publicly available an unclassified summary of— 

24 (1) intelligence relating to recidivism of detain25 ees currently or formerly held at the Naval Detention 
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1 Facility at Guantanamo Bay, Cuba, by the Depart2 ment of Defense; and 

3 (2) an assessment of the likelihood that such de4 tainees will engage in terrorism or communicate with 

5 persons in terrorist organizations. 

6 SEC. 335. REPORT AND STRATEGIC PLAN ON BIOLOGICAL 

7 WEAPONS. 

8 (a) REQUIREMENT FOR REPORT.—Not later than 180 

9 days after the date of the enactment of this Act, the Director 

10 of National Intelligence shall submit to the congressional 

11 intelligence committees a report on— 

12 (1) the intelligence collection efforts of the United 

13 States dedicated to assessing the threat from biological 

14 weapons from state, nonstate, or rogue actors, either 

15 foreign or domestic; and 

16 (2) efforts to protect the biodefense knowledge 

17 and infrastructure of the United States. 

18 (b) CONTENT.—The report required by subsection (a) 

19 shall include— 

20 (1) an assessment of the intelligence collection ef21 forts of the United States dedicated to detecting the 

22 development or use of biological weapons by state, 

23 nonstate, or rogue actors, either foreign or domestic; 

24 (2) information on fiscal, human, technical, 

25 open-source, and other intelligence collection resources 
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1 of the United States dedicated for use to detect or pro2 tect against the threat of biological weapons; 

3 (3) an assessment of any problems that may re4 duce the overall effectiveness of United States intel5 ligence collection and analysis to identify and protect 

6 biological weapons targets, including— 

7 (A) intelligence collection gaps or inefficien8 cies; 

9 (B) inadequate information sharing prac10 tices; or 

11 (C) inadequate cooperation among depart12 ments or agencies of the United States; 

13 (4) a strategic plan prepared by the Director of 

14 National Intelligence, in coordination with the Attor15 ney General, the Secretary of Defense, and the Sec16 retary of Homeland Security, that provides for ac17 tions for the appropriate elements of the intelligence 

18 community to close important intelligence gaps re19 lated to biological weapons; 

20 (5) a description of appropriate goals, schedules, 

21 milestones, or metrics to measure the long-term effec22 tiveness of actions implemented to carry out the plan 

23 described in paragraph (4); and 

24 (6) any long-term resource and human capital 

25 issues related to the collection of intelligence regarding 
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1 biological weapons, including any recommendations 

2 to address shortfalls of experienced and qualified staff 

3 possessing relevant scientific, language, and technical 

4 skills. 

5 (c) IMPLEMENTATION OF STRATEGIC PLAN.—Not later 

6 than 30 days after the date on which the Director of Na7 tional Intelligence submits the report required by subsection 

8 (a), the Director shall begin implementation of the strategic 

9 plan referred to in subsection (b)(4). 

10 SEC. 336. CYBERSECURITY OVERSIGHT. 

11 (a) NOTIFICATION OF CYBERSECURITY PROGRAMS.— 

12 (1) REQUIREMENT FOR NOTIFICATION.— 

13 (A) EXISTING PROGRAMS.—Not later than 

14 30 days after the date of the enactment of this 

15 Act, the President shall submit to Congress a no16 tification for each cybersecurity program in op17 eration on such date that includes the docu18 mentation referred to in subparagraphs (A) 

19 through (F) of paragraph (2). 

20 (B) NEW PROGRAMS.—Not later than 30 

21 days after the date of the commencement of oper22 ations of a new cybersecurity program, the Presi23 dent shall submit to Congress a notification of 

24 such commencement that includes the docu-
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1 mentation referred to in subparagraphs (A) 

2 through (F) of paragraph (2). 

3 (2) DOCUMENTATION.—A notification required 

4 by paragraph (1) for a cybersecurity program shall 

5 include— 

6 (A) the legal basis for the cybersecurity pro7 gram; 

8 (B) the certification, if any, made pursuant 

9 to section 2511(2)(a)(ii)(B) of title 18, United 

10 States Code, or other statutory certification of le11 gality for the cybersecurity program; 

12 (C) the concept for the operation of the cy13 bersecurity program that is approved by the 

14 head of the appropriate department or agency of 

15 the United States; 

16 (D) the assessment, if any, of the privacy 

17 impact of the cybersecurity program prepared by 

18 the privacy or civil liberties protection officer or 

19 comparable officer of such department or agency; 

20 (E) the plan, if any, for independent audit 

21 or review of the cybersecurity program to be car22 ried out by the head of such department or agen23 cy, in conjunction with the appropriate inspector 

24 general; and 
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1 (F) recommendations, if any, for legislation 

2 to improve the capabilities of the United States 

3 Government to protect the cybersecurity of the 

4 United States. 

5 (b) PROGRAM REPORTS.— 

6 (1) REQUIREMENT FOR REPORTS.—The head of 

7 a department or agency of the United States with re8 sponsibility for a cybersecurity program for which a 

9 notification was submitted under subsection (a), in 

10 consultation with the inspector general for that de11 partment or agency, shall submit to Congress and the 

12 President a report on such cybersecurity program 

13 that includes— 

14 (A) the results of any audit or review of the 

15 cybersecurity program carried out under the 

16 plan referred to in subsection (a)(2)(E), if any; 

17 and 

18 (B) an assessment of whether the implemen19 tation of the cybersecurity program— 

20 (i) is in compliance with— 

21 (I) the legal basis referred to in 

22 subsection (a)(2)(A); and 

23 (II) an assessment referred to in 

24 subsection (a)(2)(D), if any; 
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1 (ii) is adequately described by the con2 cept of operation referred to in subsection 

3 (a)(2)(C); and 

4 (iii) includes an adequate independent 

5 audit or review system and whether im6 provements to such independent audit or re7 view system are necessary. 

8 (2) SCHEDULE FOR SUBMISSION OF REPORTS.— 

9 (A) EXISTING PROGRAMS.—Not later than 

10 180 days after the date of the enactment of this 

11 Act, and annually thereafter, the head of a de12 partment or agency of the United States with re13 sponsibility for a cybersecurity program for 

14 which a notification is required to be submitted 

15 under subsection (a)(1)(A) shall submit a report 

16 required under paragraph (1). 

17 (B) NEW PROGRAMS.—Not later than 120 

18 days after the date on which a certification is 

19 submitted under subsection (a)(1)(B), and annu20 ally thereafter, the head of a department or agen21 cy of the United States with responsibility for 

22 the cybersecurity program for which such certifi23 cation is submitted shall submit a report re24 quired under paragraph (1). 

25 (3) COOPERATION AND COORDINATION.— 
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1 (A) COOPERATION.—The head of each de2 partment or agency of the United States required 

3 to submit a report under paragraph (1) for a 

4 particular cybersecurity program, and the in5 spector general of each such department or agen6 cy, shall, to the extent practicable, work in con7 junction with any other such head or inspector 

8 general required to submit such a report for such 

9 cybersecurity program. 

10 (B) COORDINATION.—The heads of all of the 

11 departments and agencies of the United States 

12 required to submit a report under paragraph (1) 

13 for a particular cybersecurity program shall des14 ignate one such head to coordinate the conduct of 

15 the reports on such program. 

16 (c) INFORMATION SHARING REPORT.—Not later than 

17 one year after the date of the enactment of this Act, the 

18 Inspector General of the Department of Homeland Security 

19 and the Inspector General of the Intelligence Community 

20 shall jointly submit to Congress and the President a report 

21 on the status of the sharing of cyber-threat information, in22 cluding— 

23 (1) a description of how cyber-threat intelligence 

24 information, including classified information, is 

25 shared among the agencies and departments of the 
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1 United States and with persons responsible for crit2 ical infrastructure; 

3 (2) a description of the mechanisms by which 

4 classified cyber-threat information is distributed; 

5 (3) an assessment of the effectiveness of cyber6 threat information sharing and distribution; and 

7 (4) any other matters identified by either Inspec8 tor General that would help to fully inform Congress 

9 or the President regarding the effectiveness and legal10 ity of cybersecurity programs. 

11 (d) PERSONNEL DETAILS.— 

12 (1) AUTHORITY TO DETAIL.—Notwithstanding 

13 any other provision of law, the head of an element of 

14 the intelligence community that is funded through the 

15 National Intelligence Program may detail an officer 

16 or employee of such element to the National Cyber In17 vestigative Joint Task Force or to the Department of 

18 Homeland Security to assist the Task Force or the 

19 Department with cybersecurity, as jointly agreed by 

20 the head of such element and the Task Force or the 

21 Department. 

22 (2) BASIS FOR DETAIL.—A personnel detail 

23 made under paragraph (1) may be made— 

24 (A) for a period of not more than three 

25 years; and 
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1 (B) on a reimbursable or nonreimbursable 

2 basis. 

3 (e) ADDITIONAL PLAN.—Not later than 180 days after 

4 the date of the enactment of this Act, the Director of Na5 tional Intelligence shall submit to Congress a plan for re6 cruiting, retaining, and training a highly-qualified cyberse7 curity intelligence community workforce to secure the net8 works of the intelligence community. Such plan shall in9 clude— 

10 (1) an assessment of the capabilities of the cur11 rent workforce; 

12 (2) an examination of issues of recruiting, reten13 tion, and the professional development of such work14 force, including the possibility of providing retention 

15 bonuses or other forms of compensation; 

16 (3) an assessment of the benefits of outreach and 

17 training with both private industry and academic in18 stitutions with respect to such workforce; 

19 (4) an assessment of the impact of the establish20 ment of the Department of Defense Cyber Command 

21 on such workforce; 

22 (5) an examination of best practices for making 

23 the intelligence community workforce aware of cyber24 security best practices and principles; and 
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1 (6) strategies for addressing such other matters 

2 as the Director of National Intelligence considers nec3 essary to the cybersecurity of the intelligence commu4 nity. 

5 (f) REPORT ON GUIDELINES AND LEGISLATION TO IM6 PROVE CYBERSECURITY OF THE UNITED STATES.— 

7 (1) INITIAL.—Not later than one year after the 

8 date of the enactment of this Act, the Director of Na9 tional Intelligence, in coordination with the Attorney 

10 General, the Director of the National Security Agen11 cy, the White House Cybersecurity Coordinator, and 

12 any other officials the Director of National Intel13 ligence considers appropriate, shall submit to Con14 gress a report containing guidelines or legislative rec15 ommendations, if appropriate, to improve the capa16 bilities of the intelligence community and law enforce17 ment agencies to protect the cybersecurity of the 

18 United States. Such report shall include guidelines or 

19 legislative recommendations on— 

20 (A) improving the ability of the intelligence 

21 community to detect hostile actions and attribute 

22 attacks to specific parties; 

23 (B) the need for data retention requirements 

24 to assist the intelligence community and law en25 forcement agencies; 
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1 (C) improving the ability of the intelligence 

2 community to anticipate nontraditional targets 

3 of foreign intelligence services; and 

4 (D) the adequacy of existing criminal stat5 utes to successfully deter cyber attacks, including 

6 statutes criminalizing the facilitation of crimi7 nal acts, the scope of laws for which a cyber 

8 crime constitutes a predicate offense, trespassing 

9 statutes, data breach notification requirements, 

10 and victim restitution statutes. 

11 (2) SUBSEQUENT.—Not later than one year after 

12 the date on which the initial report is submitted 

13 under paragraph (1), and annually thereafter for two 

14 years, the Director of National Intelligence, in con15 sultation with the Attorney General, the Director of 

16 the National Security Agency, the White House Cy17 bersecurity Coordinator, and any other officials the 

18 Director of National Intelligence considers appro19 priate, shall submit to Congress an update of the re20 port required under paragraph (1). 

21 (g) SUNSET.—The requirements and authorities of 

22 subsections (a) through (e) shall terminate on December 31, 

23 2013. 

24 (h) DEFINITIONS.—In this section: 
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1 (1) CYBERSECURITY PROGRAM.—The term ‘‘cy2 bersecurity program’’ means a class or collection of 

3 similar cybersecurity operations of a department or 

4 agency of the United States that involves personally 

5 identifiable data that is— 

6 (A) screened by a cybersecurity system out7 side of the department or agency of the United 

8 States that was the intended recipient of the per9 sonally identifiable data; 

10 (B) transferred, for the purpose of cyberse11 curity, outside the department or agency of the 

12 United States that was the intended recipient of 

13 the personally identifiable data; or 

14 (C) transferred, for the purpose of cyberse15 curity, to an element of the intelligence commu16 nity. 

17 (2) NATIONAL CYBER INVESTIGATIVE JOINT TASK

18 FORCE.—The term ‘‘National Cyber Investigative 

19 Joint Task Force’’ means the multiagency cyber in20 vestigation coordination organization overseen by the 

21 Director of the Federal Bureau of Investigation 

22 known as the National Cyber Investigative Joint Task 

23 Force that coordinates, integrates, and provides perti24 nent information related to cybersecurity investiga25 tions. 
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1 (3) CRITICAL INFRASTRUCTURE.—The term 

2 ‘‘critical infrastructure’’ has the meaning given that 

3 term in section 1016 of the USA PATRIOT Act (42 

4 U.S.C. 5195c). 

5 SEC. 337. REPORT ON FOREIGN LANGUAGE PROFICIENCY IN 

6 THE INTELLIGENCE COMMUNITY. 

7 (a) REPORT.—Not later than one year after the date 

8 of the enactment of this Act, and biennially thereafter for 

9 four years, the Director of National Intelligence shall sub10 mit to the congressional intelligence committees and the 

11 Committees on Armed Services of the House of Representa12 tives and the Senate a report on the proficiency in foreign 

13 languages and, as appropriate, in foreign dialects, of each 

14 element of the intelligence community, including— 

15 (1) the number of positions authorized for such 

16 element that require foreign language proficiency and 

17 a description of the level of proficiency required; 

18 (2) an estimate of the number of such positions 

19 that such element will require during the five-year pe20 riod beginning on the date of the submission of the re21 port; 

22 (3) the number of positions authorized for such 

23 element that require foreign language proficiency that 

24 are filled by— 

25 (A) military personnel; and 
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1 (B) civilian personnel; 

2 (4) the number of applicants for positions in 

3 such element in the preceding fiscal year that indi4 cated foreign language proficiency, including the for5 eign language indicated and the proficiency level; 

6 (5) the number of persons hired by such element 

7 with foreign language proficiency, including the for8 eign language and a description of the proficiency 

9 level of such persons; 

10 (6) the number of personnel of such element cur11 rently attending foreign language training, including 

12 the provider of such training; 

13 (7) a description of the efforts of such element to 

14 recruit, hire, train, and retain personnel that are pro15 ficient in a foreign language; 

16 (8) an assessment of methods and models for 

17 basic, advanced, and intensive foreign language train18 ing utilized by such element; 

19 (9) for each foreign language and, as appro20 priate, dialect of a foreign language— 

21 (A) the number of positions of such element 

22 that require proficiency in the foreign language 

23 or dialect; 

24 (B) the number of personnel of such element 

25 that are serving in a position that requires pro-
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1 ficiency in the foreign language or dialect to per2 form the primary duty of the position; 

3 (C) the number of personnel of such element 

4 that are serving in a position that does not re5 quire proficiency in the foreign language or dia6 lect to perform the primary duty of the position; 

7 (D) the number of personnel of such element 

8 rated at each level of proficiency of the Inter9 agency Language Roundtable; 

10 (E) whether the number of personnel at each 

11 level of proficiency of the Interagency Language 

12 Roundtable meets the requirements of such ele13 ment; 

14 (F) the number of personnel serving or 

15 hired to serve as linguists for such element that 

16 are not qualified as linguists under the stand17 ards of the Interagency Language Roundtable; 

18 (G) the number of personnel hired to serve 

19 as linguists for such element during the pre20 ceding calendar year; 

21 (H) the number of personnel serving as lin22 guists that discontinued serving such element 

23 during the preceding calendar year; 

24 (I) the percentage of work requiring lin25 guistic skills that is fulfilled by a foreign coun-
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1 try, international organization, or other foreign 

2 entity; and 

3 (J) the percentage of work requiring lin4 guistic skills that is fulfilled by contractors; 

5 (10) an assessment of the foreign language ca6 pacity and capabilities of the intelligence community 

7 as a whole; 

8 (11) an identification of any critical gaps in for9 eign language proficiency with respect to such element 

10 and recommendations for eliminating such gaps; 

11 (12) recommendations, if any, for eliminating 

12 required reports relating to foreign-language pro13 ficiency that the Director of National Intelligence con14 siders outdated or no longer relevant; and 

15 (13) an assessment of the feasibility of employing 

16 foreign nationals lawfully present in the United 

17 States who have previously worked as translators or 

18 interpreters for the Armed Forces or another depart19 ment or agency of the United States Government in 

20 Iraq or Afghanistan to meet the critical language 

21 needs of such element. 

22 (b) FORM.—The report required under subsection (a) 

23 shall be submitted in unclassified form, but may include 

24 a classified annex. 
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1 SEC. 338. REPORT ON PLANS TO INCREASE DIVERSITY 

2 WITHIN THE INTELLIGENCE COMMUNITY. 

3 (a) REQUIREMENT FOR REPORT.—Not later than one 

4 year after the date of the enactment of this Act, the Director 

5 of National Intelligence, in coordination with the head of 

6 each element of the intelligence community, shall submit to 

7 the congressional intelligence committees a report on the 

8 plans of each such element to increase diversity within the 

9 intelligence community. 

10 (b) CONTENT.—The report required by subsection (a) 

11 shall include specific implementation plans to increase di12 versity within each element of the intelligence community, 

13 including— 

14 (1) specific implementation plans for each such 

15 element designed to achieve the goals articulated in 

16 the strategic plan of the Director of National Intel17 ligence on equal employment opportunity and diver18 sity; 

19 (2) specific plans and initiatives for each such 

20 element to increase recruiting and hiring of diverse 

21 candidates; 

22 (3) specific plans and initiatives for each such 

23 element to improve retention of diverse Federal em24 ployees at the junior, midgrade, senior, and manage25 ment levels; 
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1 (4) a description of specific diversity awareness 

2 training and education programs for senior officials 

3 and managers of each such element; and 

4 (5) a description of performance metrics to 

5 measure the success of carrying out the plans, initia6 tives, and programs described in paragraphs (1) 

7 through (4). 

8 (c) FORM.—The report required by subsection (a) shall 

9 be submitted in unclassified form, but may include a classi10 fied annex. 

11 SEC. 339. REPORT ON INTELLIGENCE COMMUNITY CON12 TRACTORS. 

13 (a) REQUIREMENT FOR REPORT.—Not later than Feb14 ruary 1, 2011, the Director of National Intelligence shall 

15 submit to the congressional intelligence committees and the 

16 Committees on Armed Services of the House of Representa17 tives and the Senate a report describing the use of personal 

18 services contracts across the intelligence community, the im19 pact of the use of such contracts on the intelligence commu20 nity workforce, plans for conversion of contractor employ21 ment into United States Government employment, and the 

22 accountability mechanisms that govern the performance of 

23 such personal services contracts. 

24 (b) CONTENT.— 
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1 (1) IN GENERAL.—The report submitted under 

2 subsection (a) shall include— 

3 (A) a description of any relevant regula4 tions or guidance issued by the Director of Na5 tional Intelligence or the head of an element of 

6 the intelligence community and in effect as of 

7 February 1, 2011, relating to minimum stand8 ards required regarding the hiring, training, se9 curity clearance, and assignment of contract per10 sonnel and how those standards may differ from 

11 those for United States Government employees 

12 performing substantially similar functions; 

13 (B) an identification of contracts in effect 

14 during the preceding fiscal year under which the 

15 contractor is performing substantially similar 

16 functions to a United States Government em17 ployee; 

18 (C) an assessment of costs incurred or sav19 ings achieved during the preceding fiscal year by 

20 awarding contracts for the performance of such 

21 functions referred to in subparagraph (B) in22 stead of using full-time employees of the elements 

23 of the intelligence community to perform such 

24 functions; 
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1 (D) an assessment of the appropriateness of 

2 using contractors to perform the activities de3 scribed in paragraph (2); 

4 (E) an estimate of the number of contracts, 

5 and the number of personnel working under such 

6 contracts, related to the performance of activities 

7 described in paragraph (2); 

8 (F) a comparison of the compensation of 

9 contract employees and United States Govern10 ment employees performing substantially similar 

11 functions during the preceding fiscal year; 

12 (G) an analysis of the attrition of United 

13 States Government employees for contractor posi14 tions that provide substantially similar functions 

15 during the preceding fiscal year; 

16 (H) a description of positions that have 

17 been or will be converted from contractor em18 ployment to United States Government employ19 ment during fiscal years 2011 and 2012; 

20 (I) an analysis of the oversight and ac21 countability mechanisms applicable to personal 

22 services contracts awarded for intelligence activi23 ties by each element of the intelligence commu24 nity during fiscal years 2009 and 2010; 
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1 (J) an analysis of procedures in use in the 

2 intelligence community as of February 1, 2011, 

3 for conducting oversight of contractors to ensure 

4 identification and prosecution of criminal viola5 tions, financial waste, fraud, or other abuses 

6 committed by contractors or contract personnel; 

7 and 

8 (K) an identification of best practices for 

9 oversight and accountability mechanisms appli10 cable to personal services contracts. 

11 (2) ACTIVITIES.—Activities described in this 

12 paragraph are the following: 

13 (A) Intelligence collection. 

14 (B) Intelligence analysis. 

15 (C) Covert actions, including rendition, de16 tention, and interrogation activities. 

17 SEC. 340. STUDY ON ELECTRONIC WASTE DESTRUCTION 

18 PRACTICES OF THE INTELLIGENCE COMMU19 NITY. 

20 (a) STUDY.—The Inspector General of the Intelligence 

21 Community shall conduct a study on the electronic waste 

22 destruction practices of the intelligence community. Such 

23 study shall assess— 

24 (1) the security of the electronic waste disposal 

25 practices of the intelligence community, including the 
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1 potential for counterintelligence exploitation of de2 stroyed, discarded, or recycled materials; 

3 (2) the environmental impact of such disposal 

4 practices; and 

5 (3) methods to improve the security and environ6 mental impact of such disposal practices, including 

7 steps to prevent the forensic exploitation of electronic 

8 waste. 

9 (b) REPORT.—Not later than one year after the date 

10 of the enactment of this Act, the Inspector General of the 

11 Intelligence Community shall submit to the congressional 

12 intelligence committees a report containing the results of 

13 the study conducted under subsection (a). 

14 SEC. 341. REVIEW OF RECORDS RELATING TO POTENTIAL 

15 HEALTH RISKS AMONG DESERT STORM VET16 ERANS. 

17 (a) REVIEW.—The Director of the Central Intelligence 

18 Agency shall conduct a classification review of the records 

19 of the Agency that are relevant to the known or potential 

20 health effects suffered by veterans of Operation Desert Storm 

21 as described in the November 2008, report by the Depart22 ment of Veterans Affairs Research Advisory Committee on 

23 Gulf War Veterans’ Illnesses. 

24 (b) REPORT.—Not later than one year after the date 

25 of the enactment of this Act, the Director of the Central In-
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1 telligence Agency shall submit to Congress the results of the 

2 classification review conducted under subsection (a), in3 cluding the total number of records of the Agency that are 

4 relevant. 

5 (c) FORM.—The report required under subsection (b) 

6 shall be submitted in unclassified form, but may include 

7 a classified annex. 

8 SEC. 342. REVIEW OF FEDERAL BUREAU OF INVESTIGATION 

9 EXERCISE OF ENFORCEMENT JURISDICTION 

10 IN FOREIGN NATIONS. 

11 Not later than 120 days after the date of the enactment 

12 of this Act, the Director of the Federal Bureau of Investiga13 tion, in consultation with the Secretary of State, shall sub14 mit to Congress a review of constraints under international 

15 law and the laws of foreign nations to the assertion of en16 forcement jurisdiction with respect to criminal investiga17 tions of terrorism offenses under the laws of the United 

18 States conducted by agents of the Federal Bureau of Inves19 tigation in foreign nations and using funds made available 

20 for the National Intelligence Program, including con21 straints identified in section 432 of the Restatement (Third) 

22 of the Foreign Relations Law of the United States. 
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1 SEC. 343. PUBLIC RELEASE OF INFORMATION ON PROCE2 DURES USED IN NARCOTICS AIRBRIDGE DE3 NIAL PROGRAM IN PERU. 

4 Not later than 30 days after the date of the enactment 

5 of this Act, the Director of the Central Intelligence Agency 

6 shall make publicly available an unclassified version of the 

7 report of the Inspector General of the Central Intelligence 

8 Agency entitled ‘‘Procedures Used in Narcotics Airbridge 

9 Denial Program in Peru, 1995–2001’’, dated August 25, 

10 2008. 

11 SEC. 344. REPORT ON THREAT FROM DIRTY BOMBS. 

12 Not later than 180 days after the date of the enactment 

13 of this Act, the Director of National Intelligence, in con14 sultation with the Nuclear Regulatory Commission, shall 

15 submit to Congress a report summarizing intelligence re16 lated to the threat to the United States from weapons that 

17 use radiological materials, including highly dispersible sub18 stances such as cesium-137. 

19 SEC. 345. REPORT ON CREATION OF SPACE INTELLIGENCE 

20 OFFICE. 

21 Not later than 60 days after the date of the enactment 

22 of this Act, the Director of National Intelligence shall sub23 mit to Congress a report on the feasibility and advisability 

24 of creating a national space intelligence office to manage 

25 space-related intelligence assets and access to such assets. 
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1 SEC. 346. REPORT ON ATTEMPT TO DETONATE EXPLOSIVE 

2 DEVICE ON NORTHWEST AIRLINES FLIGHT 

3 253. 

4 Not later than 180 days after the date of the enactment 

5 of this Act, the Director of National Intelligence shall sub6 mit to Congress a report on the attempt to detonate an ex7 plosive device aboard Northwest Airlines flight number 253 

8 on December 25, 2009. Such report shall describe the fail9 ures, if any, to share or analyze intelligence or other infor10 mation and the measures that the intelligence community 

11 has taken or will take to prevent such failures, including— 

12 (1) a description of the roles and responsibilities 

13 of the counterterrorism analytic components of the in14 telligence community in synchronizing, correlating, 

15 and analyzing all sources of intelligence related to 

16 terrorism; 

17 (2) an assessment of the technological capabili18 ties of the United States Government to assess ter19 rorist threats, including— 

20 (A) a list of all databases used by counter21 terrorism analysts; 

22 (B) a description of the steps taken by the 

23 intelligence community to integrate all relevant 

24 terrorist databases and allow for cross-database 

25 searches; 
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1 (C) a description of the steps taken by the 

2 intelligence community to correlate biographic 

3 information with terrorism-related intelligence; 

4 and 

5 (D) a description of the improvements to 

6 information technology needed to enable the 

7 United States Government to better share infor8 mation; 

9 (3) any recommendations that the Director con10 siders appropriate for legislation to improve the shar11 ing of intelligence or information relating to terror12 ists; 

13 (4) a description of the steps taken by the intel14 ligence community to train analysts on watchlisting 

15 processes and procedures; 

16 (5) a description of the manner in which 

17 watchlisting information is entered, reviewed, 

18 searched, analyzed, and acted upon by the relevant 

19 elements of the United States Government; 

20 (6) a description of the steps the intelligence 

21 community is taking to enhance the rigor and raise 

22 the standard of tradecraft of intelligence analysis re23 lated to uncovering and preventing terrorist plots; 

24 (7) a description of the processes and procedures 

25 by which the intelligence community prioritizes ter-
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1 rorism threat leads and the standards used by ele2 ments of the intelligence community to determine if 

3 follow-up action is appropriate; 

4 (8) a description of the steps taken to enhance 

5 record information on possible terrorists in the Ter6 rorist Identities Datamart Environment; 

7 (9) an assessment of how to meet the challenge 

8 associated with exploiting the ever-increasing volume 

9 of information available to the intelligence commu10 nity; and 

11 (10) a description of the steps the intelligence 

12 community has taken or will take to respond to any 

13 findings and recommendations of the congressional 

14 intelligence committees, with respect to any such fail15 ures, that have been transmitted to the Director of 

16 National Intelligence. 

17 SEC. 347. REPEAL OR MODIFICATION OF CERTAIN REPORT18 ING REQUIREMENTS. 

19 (a) ANNUAL REPORT ON INTELLIGENCE.—Section 109 

20 of the National Security Act of 1947 (50 U.S.C. 404d) is 

21 repealed. 

22 (b) ANNUAL AND SPECIAL REPORTS ON INTELLIGENCE

23 SHARING WITH THE UNITED NATIONS.—Section 112 of the 

24 National Security Act of 1947 (50 U.S.C. 404g) is amend25 ed— 
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1 (1) by striking subsection (b); and 

2 (2) by redesignating subsections (c), (d), and (e) 

3 as subsections (b), (c), and (d), respectively. 

4 (c) ANNUAL REPORT ON PROGRESS IN AUDITABLE FI5 NANCIAL STATEMENTS.—Section 114A of the National Se6 curity Act of 1947 (50 U.S.C. 404i–1) is repealed. 

7 (d) REPORT ON FINANCIAL INTELLIGENCE ON TER8 RORIST ASSETS.—Section 118 of the National Security Act 

9 of 1947 (50 U.S.C. 404m) is amended— 

10 (1) in the heading, by striking ‘‘SEMIANNUAL’’ 

11 and inserting ‘‘ANNUAL’’; 

12 (2) in subsection (a)— 

13 (A) in the heading, by striking ‘‘SEMI14 ANNUAL’’ and inserting ‘‘ANNUAL’’; 

15 (B) in the matter preceding paragraph 

16 (1)— 

17 (i) by striking ‘‘semiannual basis’’ and 

18 inserting ‘‘annual basis’’; and 

19 (ii) by striking ‘‘preceding six-month 

20 period’’ and inserting ‘‘preceding one-year 

21 period’’; 

22 (C) by striking paragraph (2); and 

23 (D) by redesignating paragraphs (3) and 

24 (4) as paragraphs (2) and (3), respectively; and 

25 (3) in subsection (d)— 
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1 (A) in paragraph (1), by inserting ‘‘the 

2 Committee on Armed Services,’’ after ‘‘the Com3 mittee on Appropriations,’’; and 

4 (B) in paragraph (2), by inserting ‘‘the 

5 Committee on Armed Services,’’ after ‘‘the Com6 mittee on Appropriations,’’. 

7 (e) ANNUAL CERTIFICATION ON COUNTERINTEL8 LIGENCE INITIATIVES.—Section 1102(b) of the National Se9 curity Act of 1947 (50 U.S.C. 442a(b)) is amended— 

10 (1) by striking ‘‘(1)’’; and 

11 (2) by striking paragraph (2). 

12 (f) REPORT AND CERTIFICATION UNDER TERRORIST

13 IDENTIFICATION CLASSIFICATION SYSTEM.—Section 343 of 

14 the Intelligence Authorization Act for Fiscal Year 2003 (50 

15 U.S.C. 404n–2) is amended— 

16 (1) by striking subsection (d); and 

17 (2) by redesignating subsections (e), (f), (g), and 

18 (h) as subsections (d), (e), (f), and (g), respectively. 

19 (g) ANNUAL REPORT ON COUNTERDRUG INTEL20 LIGENCE MATTERS.—Section 826 of the Intelligence Au21 thorization Act for Fiscal Year 2003 (Public Law 107–306; 

22 21 U.S.C. 873 note) is repealed. 

23 (h) BIENNIAL REPORT ON FOREIGN INDUSTRIAL ESPI24 ONAGE.—Subsection (b) of section 809 of the Intelligence 
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1 Authorization Act for Fiscal Year 1995 (50 U.S.C. App. 

2 2170b) is amended— 

3 (1) in the heading, by striking ‘‘ANNUAL UP4 DATE’’ and inserting ‘‘BIENNIAL REPORT’’; 

5 (2) by striking paragraphs (1) and (2) and in6 serting the following new paragraph: 

7 ‘‘(1) REQUIREMENT TO SUBMIT.—Not later than 

8 February 1, 2011, and once every two years there9 after, the President shall submit to the congressional 

10 intelligence committees and congressional leadership a 

11 report updating the information referred to in sub12 section (a)(1)D).’’; and 

13 (3) by redesignating paragraph (3) as para14 graph (2). 

15 (i) TABLE OF CONTENTS AMENDMENTS.— 

16 (1) NATIONAL SECURITY ACT OF 1947.—The 

17 table of contents in the first section of the National 

18 Security Act of 1947, as amended by section 332 of 

19 this Act, is further amended— 

20 (A) by striking the item relating to section 

21 109; 

22 (B) by striking the item relating to section 

23 114A; and 

24 (C) by striking the item relating to section 

25 118 and inserting the following new item: 

‘‘Sec. 118. Annual report on financial intelligence on terrorist assets.’’. 
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1 (2) INTELLIGENCE AUTHORIZATION ACT FOR FIS2 CAL YEAR 2003.—The table of contents in the first 

3 section of the Intelligence Authorization Act for Fiscal 

4 Year 2003 (Public Law 107–306; 116 Stat. 2383) is 

5 amended by striking the item relating to section 826. 

6 SEC. 348. INFORMATION ACCESS BY THE COMPTROLLER 

7 GENERAL OF THE UNITED STATES. 

8 (a) DNI DIRECTIVE GOVERNING ACCESS.— 

9 (1) REQUIREMENT FOR DIRECTIVE.—The Direc10 tor of National Intelligence, in consultation with the 

11 Comptroller General of the United States, shall issue 

12 a written directive governing the access of the Comp13 troller General to information in the possession of an 

14 element of the intelligence community. 

15 (2) AMENDMENT TO DIRECTIVE.—The Director of 

16 National Intelligence, in consultation with the Comp17 troller General, may issue an amendment to the direc18 tive issued under paragraph (1) at any time the Di19 rector determines such an amendment is appropriate. 

20 (3) RELATIONSHIP TO OTHER LAWS.—The direc21 tive issued under paragraph (1) and any amendment 

22 to such directive issued under paragraph (2) shall be 

23 consistent with the provisions of— 

24 (A) chapter 7 of title 31, United States 

25 Code; and 
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1 (B) the National Security Act of 1947 (50 

2 U.S.C. 401 et seq.). 

3 (b) CONFIDENTIALITY OF INFORMATION.— 

4 (1) REQUIREMENT FOR CONFIDENTIALITY.—The 

5 Comptroller General of the United States shall ensure 

6 that the level of confidentiality of information made 

7 available to the Comptroller General pursuant to the 

8 directive issued under subsection (a)(1) or an amend9 ment to such directive issued under subsection (a)(2) 

10 is not less than the level of confidentiality of such in11 formation required of the head of the element of the 

12 intelligence community from which such information 

13 was obtained. 

14 (2) PENALTIES FOR UNAUTHORIZED DISCLO15 SURE.—An officer or employee of the Government Ac16 countability Office shall be subject to the same statu17 tory penalties for unauthorized disclosure or use of 

18 such information as an officer or employee of the ele19 ment of the intelligence community from which such 

20 information was obtained. 

21 (c) SUBMISSION TO CONGRESS.— 

22 (1) SUBMISSION OF DIRECTIVE.—The directive 

23 issued under subsection (a)(1) shall be submitted to 

24 Congress by the Director of National Intelligence, to-
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1 gether with any comments of the Comptroller General 

2 of the United States, no later than May 1, 2011. 

3 (2) SUBMISSION OF AMENDMENT.—Any amend4 ment to such directive issued under subsection (a)(2) 

5 shall be submitted to Congress by the Director, to6 gether with any comments of the Comptroller General. 

7 (d) EFFECTIVE DATE.—The directive issued under 

8 subsection (a)(1) and any amendment to such directive 

9 issued under subsection (a)(2) shall take effect 60 days after 

10 the date such directive or amendment is submitted to Con11 gress under subsection (c), unless the Director determines 

12 that for reasons of national security the directive or amend13 ment should take effect sooner. 

14 SEC. 349. CONFORMING AMENDMENTS FOR REPORT SUB15 MISSION DATES. 

16 Section 507 of the National Security Act of 1947 (50 

17 U.S.C. 415b) is amended— 

18 (1) in subsection (a)— 

19 (A) in paragraph (1)— 

20 (i) by striking subparagraphs (A), (B), 

21 and (G); 

22 (ii) by redesignating subparagraphs 

23 (C), (D), (E), (F), (H), (I), and (N) as sub24 paragraphs (A), (B), (C), (D), (E), (F), and 

25 (G), respectively; and 
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1 (iii) by adding at the end the following 

2 new subparagraphs: 

3 ‘‘(H) The annual report on outside employment 

4 of employees of elements of the intelligence community 

5 required by section 102A(u)(2). 

6 ‘‘(I) The annual report on financial intelligence 

7 on terrorist assets required by section 118.’’; and 

8 (B) in paragraph (2), by striking subpara9 graphs (C) and (D); and 

10 (2) in subsection (b), by striking paragraph (6). 

11 Subtitle E—Other Matters 

12 SEC. 361. EXTENSION OF AUTHORITY TO DELETE INFORMA13 TION ABOUT RECEIPT AND DISPOSITION OF 

14 FOREIGN GIFTS AND DECORATIONS. 

15 Paragraph (4) of section 7342(f) of title 5, United 

16 States Code, is amended to read as follows: 

17 ‘‘(4)(A) In transmitting such listings for an element 

18 of the intelligence community, the head of such element may 

19 delete the information described in subparagraph (A) or (C) 

20 of paragraph (2) or in subparagraph (A) or (C) of para21 graph (3) if the head of such element certifies in writing 

22 to the Secretary of State that the publication of such infor23 mation could adversely affect United States intelligence 

24 sources or methods. 
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1 ‘‘(B) Any information not provided to the Secretary 

2 of State pursuant to the authority in subparagraph (A) 

3 shall be transmitted to the Director of National Intelligence 

4 who shall keep a record of such information. 

5 ‘‘(C) In this paragraph, the term ‘intelligence commu6 nity’ has the meaning given that term in section 3(4) of 

7 the National Security Act of 1947 (50 U.S.C. 401a(4)).’’. 

8 SEC. 362. MODIFICATION OF AVAILABILITY OF FUNDS FOR 

9 DIFFERENT INTELLIGENCE ACTIVITIES. 

10 Subparagraph (B) of section 504(a)(3) of the National 

11 Security Act of 1947 (50 U.S.C. 414(a)(3)) is amended to 

12 read as follows: 

13 ‘‘(B) the use of such funds for such activity sup14 ports an emergent need, improves program effective15 ness, or increases efficiency; and’’. 

16 SEC. 363. PROTECTION OF CERTAIN NATIONAL SECURITY 

17 INFORMATION. 

18 (a) INCREASE IN PENALTIES FOR DISCLOSURE OF UN19 DERCOVER INTELLIGENCE OFFICERS AND AGENTS.— 

20 (1) DISCLOSURE OF AGENT AFTER ACCESS TO

21 INFORMATION IDENTIFYING AGENT.—Subsection (a) of 

22 section 601 of the National Security Act of 1947 (50 

23 U.S.C. 421) is amended by striking ‘‘ten years’’ and 

24 inserting ‘‘15 years’’. 
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1 (2) DISCLOSURE OF AGENT AFTER ACCESS TO

2 CLASSIFIED INFORMATION.—Subsection (b) of such 

3 section is amended by striking ‘‘five years’’ and in4 serting ‘‘10 years’’. 

5 (b) MODIFICATIONS TO ANNUAL REPORT ON PROTEC6 TION OF INTELLIGENCE IDENTITIES.—The first sentence of 

7 section 603(a) of the National Security Act of 1947 (50 

8 U.S.C. 423(a)) is amended by inserting ‘‘including an as9 sessment of the need, if any, for modification of this title 

10 for the purpose of improving legal protections for covert 

11 agents,’’ after ‘‘measures to protect the identities of covert 

12 agents,’’. 

13 SEC. 364. NATIONAL INTELLIGENCE PROGRAM BUDGET. 

14 Section 601 of the Implementing Recommendations of 

15 the 9/11 Commission Act of 2007 (50 U.S.C. 415c) is 

16 amended to read as follows: 

17 ‘‘SEC. 601. AVAILABILITY TO PUBLIC OF CERTAIN INTEL18 LIGENCE FUNDING INFORMATION. 

19 ‘‘(a) BUDGET REQUEST.—At the time that the Presi20 dent submits to Congress the budget for a fiscal year pursu21 ant to section 1105 of title 31, United States Code, the 

22 President shall disclose to the public the aggregate amount 

23 of appropriations requested for that fiscal year for the Na24 tional Intelligence Program. 
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1 ‘‘(b) AMOUNTS APPROPRIATED EACH FISCAL YEAR.— 

2 Not later than 30 days after the end of each fiscal year, 

3 the Director of National Intelligence shall disclose to the 

4 public the aggregate amount of funds appropriated by Con5 gress for the National Intelligence Program for such fiscal 

6 year. 

7 ‘‘(c) WAIVER.— 

8 ‘‘(1) IN GENERAL.—The President may waive or 

9 postpone the disclosure required by subsection (a) or 

10 (b) for a fiscal year by submitting to the Select Com11 mittee on Intelligence of the Senate and Permanent 

12 Select Committee on Intelligence of the House of Rep13 resentatives— 

14 ‘‘(A) a statement, in unclassified form, that 

15 the disclosure required in subsection (a) or (b) 

16 for that fiscal year would damage national secu17 rity; and 

18 ‘‘(B) a statement detailing the reasons for 

19 the waiver or postponement, which may be sub20 mitted in classified form. 

21 ‘‘(2) SUBMISSION DATES.—The President shall 

22 submit the statements required under paragraph 

23 (1)— 

24 ‘‘(A) in the case of a waiver or postpone25 ment of a disclosure required under subsection 
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1 (a), at the time of the submission of the budget 

2 for the fiscal year for which such disclosure is 

3 waived or postponed; and 

4 ‘‘(B) in the case of a waiver or postpone5 ment of a disclosure required under subsection 

6 (b), not later than 30 days after the date of the 

7 end of the fiscal year for which such disclosure 

8 is waived or postponed. 

9 ‘‘(d) DEFINITION.—As used in this section, the term 

10 ‘National Intelligence Program’ has the meaning given the 

11 term in section 3(6) of the National Security Act of 1947 

12 (50 U.S.C. 401a(6)).’’. 

13 SEC. 365. IMPROVING THE REVIEW AUTHORITY OF THE 

14 PUBLIC INTEREST DECLASSIFICATION 

15 BOARD. 

16 Paragraph (5) of section 703(b) of the Public Interest 

17 Declassification Act of 2000 (50 U.S.C. 435 note) is amend18 ed— 

19 (1) by striking ‘‘jurisdiction,’’ and inserting ‘‘ju20 risdiction or by a member of the committee of juris21 diction,’’; and 

22 (2) by inserting ‘‘, to evaluate the proper classi23 fication of certain records,’’ after ‘‘certain records’’. 
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1 SEC. 366. AUTHORITY TO DESIGNATE UNDERCOVER OPER2 ATIONS TO COLLECT FOREIGN INTEL3 LIGENCE OR COUNTERINTELLIGENCE. 

4 Paragraph (1) of section 102(b) of the Department of 

5 Justice and Related Agencies Appropriations Act, 1993 

6 (Public Law 102–395; 28 U.S.C. 533 note) is amended in 

7 the flush text following subparagraph (D) by striking ‘‘(or, 

8 if designated by the Director, the Assistant Director, Intel9 ligence Division) and the Attorney General (or, if des10 ignated by the Attorney General, the Assistant Attorney 

11 General for National Security)’’ and inserting ‘‘(or a des12 ignee of the Director who is in a position not lower than 

13 Deputy Assistant Director in the National Security Branch 

14 or a similar successor position) and the Attorney General 

15 (or a designee of the Attorney General who is in the Na16 tional Security Division in a position not lower than Dep17 uty Assistant Attorney General or a similar successor posi18 tion)’’. 

19 SEC. 367. SECURITY CLEARANCES: REPORTS; RECIPROCITY. 

20 (a) REPORTS RELATING TO SECURITY CLEARANCES.— 

21 (1) QUADRENNIAL AUDIT; SECURITY CLEARANCE

22 DETERMINATIONS.— 

23 (A) IN GENERAL.—Title V of the National 

24 Security Act of 1947 (50 U.S.C. 413 et seq.), as 

25 amended by section 325 of this Act, is further 

26 amended by inserting after section 506G, as 
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1 added by section 325(a), the following new sec2 tion: 

3 ‘‘REPORTS ON SECURITY CLEARANCES

4 ‘‘SEC. 506H. (a) QUADRENNIAL AUDIT OF POSITION

5 REQUIREMENTS.—(1) The President shall every four years 

6 conduct an audit of the manner in which the executive 

7 branch determines whether a security clearance is required 

8 for a particular position in the United States Government. 

9 ‘‘(2) Not later than 30 days after the completion of 

10 an audit conducted under paragraph (1), the President 

11 shall submit to Congress the results of such audit. 

12 ‘‘(b) REPORT ON SECURITY CLEARANCE DETERMINA13 TIONS.—(1) Not later than February 1 of each year, the 

14 President shall submit to Congress a report on the security 

15 clearance process. Such report shall include, for each secu16 rity clearance level— 

17 ‘‘(A) the number of employees of the United 

18 States Government who— 

19 ‘‘(i) held a security clearance at such level 

20 as of October 1 of the preceding year; and 

21 ‘‘(ii) were approved for a security clearance 

22 at such level during the preceding fiscal year; 

23 ‘‘(B) the number of contractors to the United 

24 States Government who— 

25 ‘‘(i) held a security clearance at such level 

26 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 commu5 nity— 

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 secu10 rity clearance determinations made during 

11 the preceding fiscal year that took the short12 est 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 secu19 rity clearance determinations made during 

20 the preceding fiscal year that took the short21 est 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 1 
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1 of the preceding year that have remained pend2 ing for— 

3 ‘‘(I) 4 months or less; 

4 ‘‘(II) between 4 months and 8 months; 

5 ‘‘(III) between 8 months and one year; 

6 and 

7 ‘‘(IV) more than one year; 

8 ‘‘(iv) the percentage of reviews during the 

9 preceding fiscal year that resulted in a denial or 

10 revocation of a security clearance; 

11 ‘‘(v) the percentage of investigations during 

12 the preceding fiscal year that resulted in incom13 plete information; 

14 ‘‘(vi) the percentage of investigations during 

15 the preceding fiscal year that did not result in 

16 enough information to make a decision on poten17 tially adverse information; and 

18 ‘‘(vii) for security clearance determinations 

19 completed or pending during the preceding fiscal 

20 year that have taken longer than one year to 

21 complete— 

22 ‘‘(I) the number of security clearance 

23 determinations for positions as employees of 

24 the United States Government that required 

25 more than one year to complete; 
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1 ‘‘(II) the number of security clearance 

2 determinations for contractors that required 

3 more than one year to complete; 

4 ‘‘(III) the agencies that investigated 

5 and adjudicated such determinations; and 

6 ‘‘(IV) the cause of significant delays in 

7 such determinations. 

8 ‘‘(2) For purposes of paragraph (1), the President may 

9 consider— 

10 ‘‘(A) security clearances at the level of confiden11 tial and secret as one security clearance level; and 

12 ‘‘(B) security clearances at the level of top secret 

13 or higher as one security clearance level. 

14 ‘‘(c) FORM.—The results required under subsection 

15 (a)(2) and the reports required under subsection (b)(1) shall 

16 be submitted in unclassified form, but may include a classi17 fied annex.’’. 

18 (B) INITIAL AUDIT.—The first audit re19 quired to be conducted under section 506H(a)(1) 

20 of the National Security Act of 1947, as added 

21 by subparagraph (A) of this paragraph, shall be 

22 completed not later than February 1, 2011. 

23 (C) TABLE OF CONTENTS AMENDMENT.— 

24 The table of contents in the first section of such 

25 Act, as amended by section 347(i) of this Act, is 
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1 further amended by inserting after the item re2 lating to section 506G, as added by section 325 

3 of this Act, the following new item: 

‘‘Sec. 506H. Reports on security clearances.’’. 

4 (2) REPORT ON METRICS FOR ADJUDICATION

5 QUALITY.—Not later than 180 days after the date of 

6 the enactment of this Act, the President shall submit 

7 to Congress a report on security clearance investiga8 tions and adjudications. Such report shall include— 

9 (A) United States Government-wide adju10 dication guidelines and metrics for adjudication 

11 quality; 

12 (B) a plan to improve the professional de13 velopment of security clearance adjudicators; 

14 (C) metrics to evaluate the effectiveness of 

15 interagency clearance reciprocity; 

16 (D) United States Government-wide inves17 tigation standards and metrics for investigation 

18 quality; and 

19 (E) the advisability, feasibility, counter20 intelligence risk, and cost effectiveness of— 

21 (i) by not later than January 1, 2012, 

22 requiring the investigation and adjudica23 tion of security clearances to be conducted 

24 by not more than two Federal agencies; and 
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1 (ii) by not later than January 1, 2015, 

2 requiring the investigation and adjudica3 tion of security clearances to be conducted 

4 by not more than one Federal agency. 

5 (b) SECURITY CLEARANCE RECIPROCITY.— 

6 (1) AUDIT.—The Inspector General of the Intel7 ligence Community shall conduct an audit of the reci8 procity of security clearances among the elements of 

9 the intelligence community. 

10 (2) REPORT.—Not later than 180 days after the 

11 date of the enactment of this Act, the Inspector Gen12 eral of the Intelligence Community shall submit to the 

13 congressional intelligence committees a report con14 taining the results of the audit conducted under para15 graph (1). Such report shall include an assessment of 

16 the time required to obtain a reciprocal security 

17 clearance for— 

18 (A) an employee of an element of the intel19 ligence community detailed to another element of 

20 the intelligence community; 

21 (B) an employee of an element of the intel22 ligence community seeking permanent employ23 ment with another element of the intelligence 

24 community; and 
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1 (C) a contractor seeking permanent employ2 ment with an element of the intelligence commu3 nity. 

4 (3) FORM.—The report required under para5 graph (2) shall be submitted in unclassified form, but 

6 may include a classified annex. 

7 SEC. 368. CORRECTING LONG-STANDING MATERIAL WEAK8 NESSES. 

9 (a) DEFINITIONS.—In this section: 

10 (1) COVERED ELEMENT OF THE INTELLIGENCE

11 COMMUNITY.—The term ‘‘covered element of the intel12 ligence community’’ means— 

13 (A) the Central Intelligence Agency; 

14 (B) the Defense Intelligence Agency; 

15 (C) the National Geospatial-Intelligence 

16 Agency; 

17 (D) the National Reconnaissance Office; or 

18 (E) the National Security Agency. 

19 (2) INDEPENDENT AUDITOR.—The term ‘‘inde20 pendent auditor’’ means an individual who— 

21 (A)(i) is a Federal, State, or local govern22 ment auditor who meets the independence stand23 ards included in generally accepted government 

24 auditing standards; or 
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1 (ii) is a public accountant who meets such 

2 independence standards; and 

3 (B) is designated as an auditor by the Di4 rector of National Intelligence or the head of a 

5 covered element of the intelligence community, as 

6 appropriate. 

7 (3) INDEPENDENT REVIEW.—The term ‘‘inde8 pendent review’’ means an audit, attestation, or ex9 amination conducted by an independent auditor in 

10 accordance with generally accepted government audit11 ing standards. 

12 (4) LONG-STANDING, CORRECTABLE MATERIAL

13 WEAKNESS.—The term ‘‘long-standing, correctable 

14 material weakness’’ means a material weakness— 

15 (A) that was first reported in the annual fi16 nancial report of a covered element of the intel17 ligence community for a fiscal year prior to fis18 cal year 2007; and 

19 (B) the correction of which is not substan20 tially dependent on a business system that was 

21 not implemented prior to the end of fiscal year 

22 2010. 

23 (5) MATERIAL WEAKNESS.—The term ‘‘material 

24 weakness’’ has the meaning given that term under the 

25 Office of Management and Budget Circular A–123, 
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1 entitled ‘‘Management’s Responsibility for Internal 

2 Control,’’ revised December 21, 2004. 

3 (6) SENIOR INTELLIGENCE MANAGEMENT OFFI4 CIAL.—The term ‘‘senior intelligence management of5 ficial’’ means an official within a covered element of 

6 the intelligence community who is— 

7 (A)(i) compensated under the Senior Intel8 ligence Service pay scale; or 

9 (ii) the head of a covered element of the in10 telligence community; and 

11 (B) compensated for employment with funds 

12 appropriated pursuant to an authorization of 

13 appropriations in this Act. 

14 (b) IDENTIFICATION OF SENIOR INTELLIGENCE MAN15 AGEMENT OFFICIALS.— 

16 (1) REQUIREMENT TO IDENTIFY.—Not later than 

17 30 days after the date of the enactment of this Act, 

18 the head of a covered element of the intelligence com19 munity shall designate a senior intelligence manage20 ment official of such element to be responsible for cor21 recting each long-standing, correctable material weak22 ness of such element. 

23 (2) HEAD OF A COVERED ELEMENT OF THE IN24 TELLIGENCE COMMUNITY.—The head of a covered ele25 ment of the intelligence community may designate 
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1 himself or herself as the senior intelligence manage2 ment official responsible for correcting a long-stand3 ing, correctable material weakness under paragraph 

4 (1). 

5 (3) REQUIREMENT TO UPDATE DESIGNATION.—If 

6 the head of a covered element of the intelligence com7 munity determines that a senior intelligence manage8 ment official designated under paragraph (1) is no 

9 longer responsible for correcting a long-standing, cor10 rectable material weakness, the head of such element 

11 shall designate the successor to such official not later 

12 than 10 days after the date of such determination. 

13 (c) NOTIFICATION.—Not later than 10 days after the 

14 date on which the head of a covered element of the intel15 ligence community has designated a senior intelligence 

16 management official pursuant to paragraph (1) or (3) of 

17 subsection (b), the head of such element shall provide writ18 ten notification of such designation to the Director of Na19 tional Intelligence and to such senior intelligence manage20 ment official. 

21 (d) CORRECTION OF LONG-STANDING, MATERIAL

22 WEAKNESS.— 

23 (1) DETERMINATION OF CORRECTION OF DEFI24 CIENCY.—If a long-standing, correctable material 

25 weakness is corrected, the senior intelligence manage-
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1 ment official who is responsible for correcting such 

2 long-standing, correctable material weakness shall 

3 make and issue a determination of the correction. 

4 (2) BASIS FOR DETERMINATION.—The deter5 mination of the senior intelligence management offi6 cial under paragraph (1) shall be based on the find7 ings of an independent review. 

8 (3) NOTIFICATION AND SUBMISSION OF FIND9 INGS.—A senior intelligence management official who 

10 makes a determination under paragraph (1) shall— 

11 (A) notify the head of the appropriate cov12 ered element of the intelligence community of 

13 such determination at the time the determination 

14 is made; and 

15 (B) ensure that the independent auditor 

16 whose findings are the basis of a determination 

17 under paragraph (1) submits to the head of the 

18 covered element of the intelligence community 

19 and the Director of National Intelligence the 

20 findings that such determination is based on not 

21 later than 5 days after the date on which such 

22 determination is made. 

23 (e) CONGRESSIONAL OVERSIGHT.—The head of a cov24 ered element of the intelligence community shall notify the 
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1 congressional intelligence committees not later than 30 days 

2 after the date— 

3 (1) on which a senior intelligence management 

4 official is designated under paragraph (1) or (3) of 

5 subsection (b) and notified under subsection (c); or 

6 (2) of the correction of a long-standing, correct7 able material weakness, as verified by an independent 

8 auditor under subsection (d)(2). 

9 SEC. 369. INTELLIGENCE COMMUNITY FINANCIAL IMPROVE10 MENT AND AUDIT READINESS. 

11 Not later than 180 days after the date of the enactment 

12 of this Act, the Director of National Intelligence shall— 

13 (1) conduct a review of the status of the 

14 auditability compliance of each element of the intel15 ligence community; and 

16 (2) develop a plan and schedule to achieve a full, 

17 unqualified audit of each element of the intelligence 

18 community not later than September 30, 2013. 
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1 TITLE IV—MATTERS RELATING 

2 TO ELEMENTS OF THE INTEL3 LIGENCE COMMUNITY 

4 Subtitle A—Office of the Director of 

5 National Intelligence 

6 SEC. 401. ACCOUNTABILITY REVIEWS BY THE DIRECTOR OF 

7 NATIONAL INTELLIGENCE. 

8 Subsection (f) of section 102A of the National Security 

9 Act of 1947 (50 U.S.C. 403–1) is amended— 

10 (1) by redesignating paragraphs (7) and (8) as 

11 paragraphs (8) and (9), respectively; and 

12 (2) by inserting after paragraph (6) the fol13 lowing new paragraph: 

14 ‘‘(7)(A) The Director of National Intelligence shall, if 

15 the Director determines it is necessary, or may, if requested 

16 by a congressional intelligence committee, conduct an ac17 countability review of an element of the intelligence commu18 nity or the personnel of such element in relation to a failure 

19 or deficiency within the intelligence community. 

20 ‘‘(B) The Director of National Intelligence, in con21 sultation with the Attorney General, shall establish guide22 lines and procedures for conducting an accountability re23 view under subparagraph (A). 

24 ‘‘(C)(i) The Director of National Intelligence shall pro25 vide the findings of an accountability review conducted 
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1 under subparagraph (A) and the Director’s recommenda2 tions for corrective or punitive action, if any, to the head 

3 of the applicable element of the intelligence community. 

4 Such recommendations may include a recommendation for 

5 dismissal of personnel. 

6 ‘‘(ii) If the head of such element does not implement 

7 a recommendation made by the Director under clause (i), 

8 the head of such element shall submit to the congressional 

9 intelligence committees a notice of the determination not 

10 to implement the recommendation, including the reasons for 

11 the determination. 

12 ‘‘(D) The requirements of this paragraph shall not be 

13 construed to limit any authority of the Director of National 

14 Intelligence under subsection (m) or with respect to super15 vision of the Central Intelligence Agency.’’. 

16 SEC. 402. AUTHORITIES FOR INTELLIGENCE INFORMATION 

17 SHARING. 

18 (a) AUTHORITIES FOR INTERAGENCY FUNDING.—Sec19 tion 102A(d)(2) of the National Security Act of 1947 (50 

20 U.S.C. 403–1(d)(2)) is amended by striking ‘‘Program to 

21 another such program.’’ and inserting ‘‘Program— 

22 ‘‘(A) to another such program; 

23 ‘‘(B) to other departments or agencies of the 

24 United States Government for the development and 

25 fielding of systems of common concern related to the 
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1 collection, processing, analysis, exploitation, and dis2 semination of intelligence information; or 

3 ‘‘(C) to a program funded by appropriations not 

4 within the National Intelligence Program to address 

5 critical gaps in intelligence information sharing or 

6 access capabilities.’’. 

7 (b) AUTHORITIES OF HEADS OF OTHER DEPART8 MENTS AND AGENCIES.—Notwithstanding any other provi9 sion of law, the head of any department or agency of the 

10 United States is authorized to receive and utilize funds 

11 made available to the department or agency by the Director 

12 of National Intelligence pursuant to section 102A(d)(2) of 

13 the National Security Act of 1947 (50 U.S.C. 403–1(d)(2)), 

14 as amended by subsection (a), and receive and utilize any 

15 system referred to in such section that is made available 

16 to such department or agency. 

17 SEC. 403. LOCATION OF THE OFFICE OF THE DIRECTOR OF 

18 NATIONAL INTELLIGENCE. 

19 Subsection (e) of section 103 of the National Security 

20 Act of 1947 (50 U.S.C. 403–3) is amended to read as fol21 lows: 

22 ‘‘(e) LOCATION OF THE OFFICE OF THE DIRECTOR OF

23 NATIONAL INTELLIGENCE.—The headquarters of the Office 

24 of the Director of National Intelligence may be located in 
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1 the Washington metropolitan region, as that term is defined 

2 in section 8301 of title 40, United States Code.’’. 

3 SEC. 404. TITLE AND APPOINTMENT OF CHIEF INFORMA4 TION OFFICER OF THE INTELLIGENCE COM5 MUNITY. 

6 Section 103G of the National Security Act of 1947 (50 

7 U.S.C. 403–3g) is amended— 

8 (1) in subsection (a)— 

9 (A) by inserting ‘‘of the Intelligence Com10 munity’’ after ‘‘Chief Information Officer’’; and 

11 (B) by striking ‘‘President,’’ and all that 

12 follows and inserting ‘‘President.’’; 

13 (2) by striking subsection (b) and redesignating 

14 subsections (c) and (d) as subsections (b) and (c), re15 spectively; 

16 (3) in subsection (b) (as so redesignated), by in17 serting ‘‘of the Intelligence Community’’ after ‘‘Chief 

18 Information Officer’’; and 

19 (4) in subsection (c) (as so redesignated), by in20 serting ‘‘of the Intelligence Community’’ before ‘‘may 

21 not’’. 

22 SEC. 405. INSPECTOR GENERAL OF THE INTELLIGENCE 

23 COMMUNITY. 

24 (a) ESTABLISHMENT.— 
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1 (1) IN GENERAL.—Title I of the National Secu2 rity Act of 1947 (50 U.S.C. 402 et seq.), as amended 

3 by section 347 of this Act, is further amended by in4 serting after section 103G the following new section: 

5 ‘‘INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY

6 ‘‘SEC. 103H. (a) OFFICE OF INSPECTOR GENERAL OF

7 THE INTELLIGENCE COMMUNITY.—There is within the Of8 fice of the Director of National Intelligence an Office of the 

9 Inspector General of the Intelligence Community. 

10 ‘‘(b) PURPOSE.—The purpose of the Office of the In11 spector General of the Intelligence Community is— 

12 ‘‘(1) to create an objective and effective office, ap13 propriately accountable to Congress, to initiate and 

14 conduct independent investigations, inspections, au15 dits, and reviews on programs and activities within 

16 the responsibility and authority of the Director of Na17 tional Intelligence; 

18 ‘‘(2) to provide leadership and coordination and 

19 recommend policies for activities designed— 

20 ‘‘(A) to promote economy, efficiency, and ef21 fectiveness in the administration and implemen22 tation of such programs and activities; and 

23 ‘‘(B) to prevent and detect fraud and abuse 

24 in such programs and activities; 
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1 ‘‘(3) to provide a means for keeping the Director 

2 of National Intelligence fully and currently informed 

3 about— 

4 ‘‘(A) problems and deficiencies relating to 

5 the administration of programs and activities 

6 within the responsibility and authority of the 

7 Director of National Intelligence; and 

8 ‘‘(B) the necessity for, and the progress of, 

9 corrective actions; and 

10 ‘‘(4) in the manner prescribed by this section, to 

11 ensure that the congressional intelligence committees 

12 are kept similarly informed of— 

13 ‘‘(A) significant problems and deficiencies 

14 relating to programs and activities within the 

15 responsibility and authority of the Director of 

16 National Intelligence; and 

17 ‘‘(B) the necessity for, and the progress of, 

18 corrective actions. 

19 ‘‘(c) INSPECTOR GENERAL OF THE INTELLIGENCE

20 COMMUNITY.—(1) There is an Inspector General of the In21 telligence Community, who shall be the head of the Office 

22 of the Inspector General of the Intelligence Community, who 

23 shall be appointed by the President, by and with the advice 

24 and consent of the Senate. 
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1 ‘‘(2) The nomination of an individual for appointment 

2 as Inspector General shall be made— 

3 ‘‘(A) without regard to political affiliation; 

4 ‘‘(B) on the basis of integrity, compliance with 

5 security standards of the intelligence community, and 

6 prior experience in the field of intelligence or national 

7 security; and 

8 ‘‘(C) on the basis of demonstrated ability in ac9 counting, financial analysis, law, management anal10 ysis, public administration, or investigations. 

11 ‘‘(3) The Inspector General shall report directly to and 

12 be under the general supervision of the Director of National 

13 Intelligence. 

14 ‘‘(4) The Inspector General may be removed from office 

15 only by the President. The President shall communicate in 

16 writing to the congressional intelligence committees the rea17 sons for the removal not later than 30 days prior to the 

18 effective date of such removal. Nothing in this paragraph 

19 shall be construed to prohibit a personnel action otherwise 

20 authorized by law, other than transfer or removal. 

21 ‘‘(d) ASSISTANT INSPECTORS GENERAL.—Subject to 

22 the policies of the Director of National Intelligence, the In23 spector General of the Intelligence Community shall— 

24 ‘‘(1) appoint an Assistant Inspector General for 

25 Audit who shall have the responsibility for super-
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1 vising the performance of auditing activities relating 

2 to programs and activities within the responsibility 

3 and authority of the Director; 

4 ‘‘(2) appoint an Assistant Inspector General for 

5 Investigations who shall have the responsibility for 

6 supervising the performance of investigative activities 

7 relating to such programs and activities; and 

8 ‘‘(3) appoint other Assistant Inspectors General 

9 that, in the judgment of the Inspector General, are 

10 necessary to carry out the duties of the Inspector Gen11 eral. 

12 ‘‘(e) DUTIES AND RESPONSIBILITIES.—It shall be the 

13 duty and responsibility of the Inspector General of the In14 telligence Community— 

15 ‘‘(1) to provide policy direction for, and to plan, 

16 conduct, supervise, and coordinate independently, the 

17 investigations, inspections, audits, and reviews relat18 ing to programs and activities within the responsi19 bility and authority of the Director of National Intel20 ligence; 

21 ‘‘(2) to keep the Director of National Intelligence 

22 fully and currently informed concerning violations of 

23 law and regulations, fraud, and other serious prob24 lems, abuses, and deficiencies relating to the programs 

25 and activities within the responsibility and authority 
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1 of the Director, to recommend corrective action con2 cerning such problems, and to report on the progress 

3 made in implementing such corrective action; 

4 ‘‘(3) to take due regard for the protection of in5 telligence sources and methods in the preparation of 

6 all reports issued by the Inspector General, and, to 

7 the extent consistent with the purpose and objective of 

8 such reports, take such measures as may be appro9 priate to minimize the disclosure of intelligence 

10 sources and methods described in such reports; and 

11 ‘‘(4) in the execution of the duties and respon12 sibilities under this section, to comply with generally 

13 accepted government auditing. 

14 ‘‘(f) LIMITATIONS ON ACTIVITIES.—(1) The Director of 

15 National Intelligence may prohibit the Inspector General 

16 of the Intelligence Community from initiating, carrying 

17 out, or completing any investigation, inspection, audit, or 

18 review if the Director determines that such prohibition is 

19 necessary to protect vital national security interests of the 

20 United States. 

21 ‘‘(2) Not later than seven days after the date on which 

22 the Director exercises the authority under paragraph (1), 

23 the Director shall submit to the congressional intelligence 

24 committees an appropriately classified statement of the rea25 sons for the exercise of such authority. 
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1 ‘‘(3) The Director shall advise the Inspector General 

2 at the time a statement under paragraph (2) is submitted, 

3 and, to the extent consistent with the protection of intel4 ligence sources and methods, provide the Inspector General 

5 with a copy of such statement. 

6 ‘‘(4) The Inspector General may submit to the congres7 sional intelligence committees any comments on the state8 ment of which the Inspector General has notice under para9 graph (3) that the Inspector General considers appropriate. 

10 ‘‘(g) AUTHORITIES.—(1) The Inspector General of the 

11 Intelligence Community shall have direct and prompt ac12 cess to the Director of National Intelligence when necessary 

13 for any purpose pertaining to the performance of the duties 

14 of the Inspector General. 

15 ‘‘(2)(A) The Inspector General shall, subject to the lim16 itations in subsection (f), make such investigations and re17 ports relating to the administration of the programs and 

18 activities within the authorities and responsibilities of the 

19 Director as are, in the judgment of the Inspector General, 

20 necessary or desirable. 

21 ‘‘(B) The Inspector General shall have access to any 

22 employee, or any employee of a contractor, of any element 

23 of the intelligence community needed for the performance 

24 of the duties of the Inspector General. 
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1 ‘‘(C) The Inspector General shall have direct access to 

2 all records, reports, audits, reviews, documents, papers, rec3 ommendations, or other materials that relate to the pro4 grams and activities with respect to which the Inspector 

5 General has responsibilities under this section. 

6 ‘‘(D) The level of classification or compartmentation 

7 of information shall not, in and of itself, provide a suffi8 cient rationale for denying the Inspector General access to 

9 any materials under subparagraph (C). 

10 ‘‘(E) The Director, or on the recommendation of the 

11 Director, another appropriate official of the intelligence 

12 community, shall take appropriate administrative actions 

13 against an employee, or an employee of a contractor, of an 

14 element of the intelligence community that fails to cooperate 

15 with the Inspector General. Such administrative action 

16 may include loss of employment or the termination of an 

17 existing contractual relationship. 

18 ‘‘(3) The Inspector General is authorized to receive and 

19 investigate, pursuant to subsection (h), complaints or infor20 mation from any person concerning the existence of an ac21 tivity within the authorities and responsibilities of the Di22 rector of National Intelligence constituting a violation of 

23 laws, rules, or regulations, or mismanagement, gross waste 

24 of funds, abuse of authority, or a substantial and specific 

25 danger to the public health and safety. Once such complaint 
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1 or information has been received from an employee of the 

2 intelligence community— 

3 ‘‘(A) the Inspector General shall not disclose the 

4 identity of the employee without the consent of the 

5 employee, unless the Inspector General determines 

6 that such disclosure is unavoidable during the course 

7 of the investigation or the disclosure is made to an of8 ficial of the Department of Justice responsible for de9 termining whether a prosecution should be under10 taken; and 

11 ‘‘(B) no action constituting a reprisal, or threat 

12 of reprisal, for making such complaint or disclosing 

13 such information to the Inspector General may be 

14 taken by any employee in a position to take such ac15 tions, unless the complaint was made or the informa16 tion was disclosed with the knowledge that it was 

17 false or with willful disregard for its truth or falsity. 

18 ‘‘(4) The Inspector General shall have the authority to 

19 administer to or take from any person an oath, affirmation, 

20 or affidavit, whenever necessary in the performance of the 

21 duties of the Inspector General, which oath, affirmation, or 

22 affidavit when administered or taken by or before an em23 ployee of the Office of the Inspector General of the Intel24 ligence Community designated by the Inspector General 
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1 shall have the same force and effect as if administered or 

2 taken by, or before, an officer having a seal. 

3 ‘‘(5)(A) Except as provided in subparagraph (B), the 

4 Inspector General is authorized to require by subpoena the 

5 production of all information, documents, reports, answers, 

6 records, accounts, papers, and other data in any medium 

7 (including electronically stored information, as well as any 

8 tangible thing) and documentary evidence necessary in the 

9 performance of the duties and responsibilities of the Inspec10 tor General. 

11 ‘‘(B) In the case of departments, agencies, and other 

12 elements of the United States Government, the Inspector 

13 General shall obtain information, documents, reports, an14 swers, records, accounts, papers, and other data and evi15 dence for the purpose specified in subparagraph (A) using 

16 procedures other than by subpoenas. 

17 ‘‘(C) The Inspector General may not issue a subpoena 

18 for, or on behalf of, any component of the Office of the Di19 rector of National Intelligence or any element of the intel20 ligence community, including the Office of the Director of 

21 National Intelligence. 

22 ‘‘(D) In the case of contumacy or refusal to obey a 

23 subpoena issued under this paragraph, the subpoena shall 

24 be enforceable by order of any appropriate district court 

25 of the United States. 
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1 ‘‘(6) The Inspector General may obtain services as au2 thorized by section 3109 of title 5, United States Code, at 

3 rates for individuals not to exceed the daily equivalent of 

4 the maximum annual rate of basic pay payable for grade 

5 GS–15 of the General Schedule under section 5332 of title 

6 5, United States Code. 

7 ‘‘(7) The Inspector General may, to the extent and in 

8 such amounts as may be provided in appropriations, enter 

9 into contracts and other arrangements for audits, studies, 

10 analyses, and other services with public agencies and with 

11 private persons, and to make such payments as may be nec12 essary to carry out the provisions of this section. 

13 ‘‘(h) COORDINATION AMONG INSPECTORS GENERAL.— 

14 (1)(A) In the event of a matter within the jurisdiction of 

15 the Inspector General of the Intelligence Community that 

16 may be subject to an investigation, inspection, audit, or re17 view by both the Inspector General of the Intelligence Com18 munity and an inspector general with oversight responsi19 bility for an element of the intelligence community, the In20 spector General of the Intelligence Community and such 

21 other inspector general shall expeditiously resolve the ques22 tion of which inspector general shall conduct such investiga23 tion, inspection, audit, or review to avoid unnecessary du24 plication of the activities of the inspectors general. 
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1 ‘‘(B) In attempting to resolve a question under sub2 paragraph (A), the inspectors general concerned may re3 quest the assistance of the Intelligence Community Inspec4 tors General Forum established under paragraph (2). In the 

5 event of a dispute between an inspector general within a 

6 department or agency of the United States Government and 

7 the Inspector General of the Intelligence Community that 

8 has not been resolved with the assistance of such Forum, 

9 the inspectors general shall submit the question to the Direc10 tor of National Intelligence and the head of the affected de11 partment or agency for resolution. 

12 ‘‘(2)(A) There is established the Intelligence Commu13 nity Inspectors General Forum, which shall consist of all 

14 statutory or administrative inspectors general with over15 sight responsibility for an element of the intelligence com16 munity. 

17 ‘‘(B) The Inspector General of the Intelligence Commu18 nity shall serve as the Chair of the Forum established under 

19 subparagraph (A). The Forum shall have no administrative 

20 authority over any inspector general, but shall serve as a 

21 mechanism for informing its members of the work of indi22 vidual members of the Forum that may be of common inter23 est and discussing questions about jurisdiction or access to 

24 employees, employees of contract personnel, records, audits, 

25 reviews, documents, recommendations, or other materials 
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1 that may involve or be of assistance to more than one of 

2 its members. 

3 ‘‘(3) The inspector general conducting an investiga4 tion, inspection, audit, or review covered by paragraph (1) 

5 shall submit the results of such investigation, inspection, 

6 audit, or review to any other inspector general, including 

7 the Inspector General of the Intelligence Community, with 

8 jurisdiction to conduct such investigation, inspection, 

9 audit, or review who did not conduct such investigation, 

10 inspection, audit, or review. 

11 ‘‘(i) COUNSEL TO THE INSPECTOR GENERAL.—(1) The 

12 Inspector General of the Intelligence Community shall— 

13 ‘‘(A) appoint a Counsel to the Inspector General 

14 who shall report to the Inspector General; or 

15 ‘‘(B) obtain the services of a counsel appointed 

16 by and directly reporting to another inspector general 

17 or the Council of the Inspectors General on Integrity 

18 and Efficiency on a reimbursable basis. 

19 ‘‘(2) The counsel appointed or obtained under para20 graph (1) shall perform such functions as the Inspector 

21 General may prescribe. 

22 ‘‘(j) STAFF AND OTHER SUPPORT.—(1) The Director 

23 of National Intelligence shall provide the Inspector General 

24 of the Intelligence Community with appropriate and ade25 quate office space at central and field office locations, to-
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1 gether with such equipment, office supplies, maintenance 

2 services, and communications facilities and services as may 

3 be necessary for the operation of such offices. 

4 ‘‘(2)(A) Subject to applicable law and the policies of 

5 the Director of National Intelligence, the Inspector General 

6 shall select, appoint, and employ such officers and employ7 ees as may be necessary to carry out the functions, powers, 

8 and duties of the Inspector General. The Inspector General 

9 shall ensure that any officer or employee so selected, ap10 pointed, or employed has security clearances appropriate 

11 for the assigned duties of such officer or employee. 

12 ‘‘(B) In making selections under subparagraph (A), 

13 the Inspector General shall ensure that such officers and 

14 employees have the requisite training and experience to en15 able the Inspector General to carry out the duties of the 

16 Inspector General effectively. 

17 ‘‘(C) In meeting the requirements of this paragraph, 

18 the Inspector General shall create within the Office of the 

19 Inspector General of the Intelligence Community a career 

20 cadre of sufficient size to provide appropriate continuity 

21 and objectivity needed for the effective performance of the 

22 duties of the Inspector General. 

23 ‘‘(3) Consistent with budgetary and personnel re24 sources allocated by the Director of National Intelligence, 

25 the Inspector General has final approval of— 
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1 ‘‘(A) the selection of internal and external can2 didates for employment with the Office of the Inspec3 tor General; and 

4 ‘‘(B) all other personnel decisions concerning 

5 personnel permanently assigned to the Office of the 

6 Inspector General, including selection and appoint7 ment to the Senior Intelligence Service, but excluding 

8 all security-based determinations that are not within 

9 the authority of a head of a component of the Office 

10 of the Director of National Intelligence. 

11 ‘‘(4)(A) Subject to the concurrence of the Director of 

12 National Intelligence, the Inspector General may request 

13 such information or assistance as may be necessary for car14 rying out the duties and responsibilities of the Inspector 

15 General from any department, agency, or other element of 

16 the United States Government. 

17 ‘‘(B) Upon request of the Inspector General for infor18 mation or assistance under subparagraph (A), the head of 

19 the department, agency, or element concerned shall, insofar 

20 as is practicable and not in contravention of any existing 

21 statutory restriction or regulation of the department, agen22 cy, or element, furnish to the Inspector General, such infor23 mation or assistance. 

24 ‘‘(C) The Inspector General of the Intelligence Commu25 nity may, upon reasonable notice to the head of any element 
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1 of the intelligence community and in coordination with that 

2 element’s inspector general pursuant to subsection (h), con3 duct, as authorized by this section, an investigation, inspec4 tion, audit, or review of such element and may enter into 

5 any place occupied by such element for purposes of the per6 formance of the duties of the Inspector General. 

7 ‘‘(k) REPORTS.—(1)(A) The Inspector General of the 

8 Intelligence Community shall, not later than January 31 

9 and July 31 of each year, prepare and submit to the Direc10 tor of National Intelligence a classified, and, as appro11 priate, unclassified semiannual report summarizing the ac12 tivities of the Office of the Inspector General of the Intel13 ligence Community during the immediately preceding 6- 

14 month period ending December 31 (of the preceding year) 

15 and June 30, respectively. The Inspector General of the In16 telligence Community shall provide any portion of the re17 port involving a component of a department of the United 

18 States Government to the head of that department simulta19 neously with submission of the report to the Director of Na20 tional Intelligence. 

21 ‘‘(B) Each report under this paragraph shall include, 

22 at a minimum, the following: 

23 ‘‘(i) A list of the title or subject of each investiga24 tion, inspection, audit, or review conducted during 

25 the period covered by such report. 
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1 ‘‘(ii) A description of significant problems, 

2 abuses, and deficiencies relating to the administration 

3 of programs and activities of the intelligence commu4 nity within the responsibility and authority of the 

5 Director of National Intelligence, and in the relation6 ships between elements of the intelligence community, 

7 identified by the Inspector General during the period 

8 covered by such report. 

9 ‘‘(iii) A description of the recommendations for 

10 corrective action made by the Inspector General dur11 ing the period covered by such report with respect to 

12 significant problems, abuses, or deficiencies identified 

13 in clause (ii). 

14 ‘‘(iv) A statement of whether or not corrective ac15 tion has been completed on each significant rec16 ommendation described in previous semiannual re17 ports, and, in a case where corrective action has been 

18 completed, a description of such corrective action. 

19 ‘‘(v) A certification of whether or not the Inspec20 tor General has had full and direct access to all infor21 mation relevant to the performance of the functions of 

22 the Inspector General. 

23 ‘‘(vi) A description of the exercise of the sub24 poena authority under subsection (g)(5) by the In-
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1 spector General during the period covered by such re2 port. 

3 ‘‘(vii) Such recommendations as the Inspector 

4 General considers appropriate for legislation to pro5 mote economy, efficiency, and effectiveness in the ad6 ministration and implementation of programs and 

7 activities within the responsibility and authority of 

8 the Director of National Intelligence, and to detect 

9 and eliminate fraud and abuse in such programs and 

10 activities. 

11 ‘‘(C) Not later than 30 days after the date of receipt 

12 of a report under subparagraph (A), the Director shall 

13 transmit the report to the congressional intelligence com14 mittees together with any comments the Director considers 

15 appropriate. The Director shall transmit to the committees 

16 of the Senate and of the House of Representatives with ju17 risdiction over a department of the United States Govern18 ment any portion of the report involving a component of 

19 such department simultaneously with submission of the re20 port to the congressional intelligence committees. 

21 ‘‘(2)(A) The Inspector General shall report imme22 diately to the Director whenever the Inspector General be23 comes aware of particularly serious or flagrant problems, 

24 abuses, or deficiencies relating to programs and activities 
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1 within the responsibility and authority of the Director of 

2 National Intelligence. 

3 ‘‘(B) The Director shall transmit to the congressional 

4 intelligence committees each report under subparagraph (A) 

5 within 7 calendar days of receipt of such report, together 

6 with such comments as the Director considers appropriate. 

7 The Director shall transmit to the committees of the Senate 

8 and of the House of Representatives with jurisdiction over 

9 a department of the United States Government any portion 

10 of each report under subparagraph (A) that involves a prob11 lem, abuse, or deficiency related to a component of such de12 partment simultaneously with transmission of the report to 

13 the congressional intelligence committees. 

14 ‘‘(3)(A) In the event that— 

15 ‘‘(i) the Inspector General is unable to resolve 

16 any differences with the Director affecting the execu17 tion of the duties or responsibilities of the Inspector 

18 General; 

19 ‘‘(ii) an investigation, inspection, audit, or re20 view carried out by the Inspector General focuses on 

21 any current or former intelligence community official 

22 who— 

23 ‘‘(I) holds or held a position in an element 

24 of the intelligence community that is subject to 

25 appointment by the President, whether or not by 
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1 and with the advice and consent of the Senate, 

2 including such a position held on an acting 

3 basis; 

4 ‘‘(II) holds or held a position in an element 

5 of the intelligence community, including a posi6 tion held on an acting basis, that is appointed 

7 by the Director of National Intelligence; or 

8 ‘‘(III) holds or held a position as head of an 

9 element of the intelligence community or a posi10 tion covered by subsection (b) or (c) of section 

11 106; 

12 ‘‘(iii) a matter requires a report by the Inspector 

13 General to the Department of Justice on possible 

14 criminal conduct by a current or former official de15 scribed in clause (ii); 

16 ‘‘(iv) the Inspector General receives notice from 

17 the Department of Justice declining or approving 

18 prosecution of possible criminal conduct of any cur19 rent or former official described in clause (ii); or 

20 ‘‘(v) the Inspector General, after exhausting all 

21 possible alternatives, is unable to obtain significant 

22 documentary information in the course of an inves23 tigation, inspection, audit, or review, 
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1 the Inspector General shall immediately notify, and submit 

2 a report to, the congressional intelligence committees on 

3 such matter. 

4 ‘‘(B) The Inspector General shall submit to the com5 mittees of the Senate and of the House of Representatives 

6 with jurisdiction over a department of the United States 

7 Government any portion of each report under subparagraph 

8 (A) that involves an investigation, inspection, audit, or re9 view carried out by the Inspector General focused on any 

10 current or former official of a component of such depart11 ment simultaneously with submission of the report to the 

12 congressional intelligence committees. 

13 ‘‘(4) The Director shall submit to the congressional in14 telligence committees any report or findings and rec15 ommendations of an investigation, inspection, audit, or re16 view conducted by the office which has been requested by 

17 the Chairman or Vice Chairman or ranking minority mem18 ber of either committee. 

19 ‘‘(5)(A) An employee of an element of the intelligence 

20 community, an employee assigned or detailed to an element 

21 of the intelligence community, or an employee of a con22 tractor to the intelligence community who intends to report 

23 to Congress a complaint or information with respect to an 

24 urgent concern may report such complaint or information 

25 to the Inspector General. 
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1 ‘‘(B) Not later than the end of the 14-calendar-day pe2 riod beginning on the date of receipt from an employee of 

3 a complaint or information under subparagraph (A), the 

4 Inspector General shall determine whether the complaint or 

5 information appears credible. Upon making such a deter6 mination, the Inspector General shall transmit to the Direc7 tor a notice of that determination, together with the com8 plaint or information. 

9 ‘‘(C) Upon receipt of a transmittal from the Inspector 

10 General under subparagraph (B), the Director shall, within 

11 7 calendar days of such receipt, forward such transmittal 

12 to the congressional intelligence committees, together with 

13 any comments the Director considers appropriate. 

14 ‘‘(D)(i) If the Inspector General does not find credible 

15 under subparagraph (B) a complaint or information sub16 mitted under subparagraph (A), or does not transmit the 

17 complaint or information to the Director in accurate form 

18 under subparagraph (B), the employee (subject to clause 

19 (ii)) may submit the complaint or information to Congress 

20 by contacting either or both of the congressional intelligence 

21 committees directly. 

22 ‘‘(ii) An employee may contact the congressional intel23 ligence committees directly as described in clause (i) only 

24 if the employee— 
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1 ‘‘(I) before making such a contact, furnishes to 

2 the Director, through the Inspector General, a state3 ment of the employee’s complaint or information and 

4 notice of the employee’s intent to contact the congres5 sional intelligence committees directly; and 

6 ‘‘(II) obtains and follows from the Director, 

7 through the Inspector General, direction on how to 

8 contact the congressional intelligence committees in 

9 accordance with appropriate security practices. 

10 ‘‘(iii) A member or employee of one of the congressional 

11 intelligence committees who receives a complaint or infor12 mation under this subparagraph does so in that member 

13 or employee’s official capacity as a member or employee 

14 of such committee. 

15 ‘‘(E) The Inspector General shall notify an employee 

16 who reports a complaint or information to the Inspector 

17 General under this paragraph of each action taken under 

18 this paragraph with respect to the complaint or informa19 tion. Such notice shall be provided not later than 3 days 

20 after any such action is taken. 

21 ‘‘(F) An action taken by the Director or the Inspector 

22 General under this paragraph shall not be subject to judi23 cial review. 

24 ‘‘(G) In this paragraph, the term ‘urgent concern’ 

25 means any of the following: 
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1 ‘‘(i) A serious or flagrant problem, abuse, viola2 tion of law or Executive order, or deficiency relating 

3 to the funding, administration, or operation of an in4 telligence activity within the responsibility and au5 thority of the Director of National Intelligence involv6 ing classified information, but does not include dif7 ferences of opinions concerning public policy matters. 

8 ‘‘(ii) A false statement to Congress, or a willful 

9 withholding from Congress, on an issue of material 

10 fact relating to the funding, administration, or oper11 ation of an intelligence activity. 

12 ‘‘(iii) An action, including a personnel action 

13 described in section 2302(a)(2)(A) of title 5, United 

14 States Code, constituting reprisal or threat of reprisal 

15 prohibited under subsection (g)(3)(B) of this section 

16 in response to an employee’s reporting an urgent con17 cern in accordance with this paragraph. 

18 ‘‘(H) Nothing in this section shall be construed to limit 

19 the protections afforded to an employee under section 17(d) 

20 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 

21 403q(d)) or section 8H of the Inspector General Act of 1978 

22 (5 U.S.C. App.). 

23 ‘‘(6) In accordance with section 535 of title 28, United 

24 States Code, the Inspector General shall expeditiously re25 port to the Attorney General any information, allegation, 
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1 or complaint received by the Inspector General relating to 

2 violations of Federal criminal law that involves a program 

3 or operation of an element of the intelligence community, 

4 or in the relationships between the elements of the intel5 ligence community, consistent with such guidelines as may 

6 be issued by the Attorney General pursuant to subsection 

7 (b)(2) of such section. A copy of each such report shall be 

8 furnished to the Director. 

9 ‘‘(l) CONSTRUCTION OF DUTIES REGARDING ELE10 MENTS OF INTELLIGENCE COMMUNITY.—Except as resolved 

11 pursuant to subsection (h), the performance by the Inspector 

12 General of the Intelligence Community of any duty, respon13 sibility, or function regarding an element of the intelligence 

14 community shall not be construed to modify or affect the 

15 duties and responsibilities of any other inspector general 

16 having duties and responsibilities relating to such element. 

17 ‘‘(m) SEPARATE BUDGET ACCOUNT.—The Director of 

18 National Intelligence shall, in accordance with procedures 

19 issued by the Director in consultation with the congres20 sional intelligence committees, include in the National In21 telligence Program budget a separate account for the Office 

22 of the Inspector General of the Intelligence Community. 

23 ‘‘(n) BUDGET.—(1) For each fiscal year, the Inspector 

24 General of the Intelligence Community shall transmit a 
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1 budget estimate and request to the Director of National In2 telligence that specifies for such fiscal year— 

3 ‘‘(A) the aggregate amount requested for the op4 erations of the Inspector General; 

5 ‘‘(B) the amount requested for all training re6 quirements of the Inspector General, including a cer7 tification from the Inspector General that the amount 

8 requested is sufficient to fund all training require9 ments for the Office of the Inspector General; and 

10 ‘‘(C) the amount requested to support the Coun11 cil of the Inspectors General on Integrity and Effi12 ciency, including a justification for such amount. 

13 ‘‘(2) In transmitting a proposed budget to the Presi14 dent for a fiscal year, the Director of National Intelligence 

15 shall include for such fiscal year— 

16 ‘‘(A) the aggregate amount requested for the In17 spector General of the Intelligence Community; 

18 ‘‘(B) the amount requested for Inspector General 

19 training; 

20 ‘‘(C) the amount requested to support the Coun21 cil of the Inspectors General on Integrity and Effi22 ciency; and 

23 ‘‘(D) the comments of the Inspector General, if 

24 any, with respect to such proposed budget. 
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1 ‘‘(3) The Director of National Intelligence shall submit 

2 to the congressional intelligence committees, the Committee 

3 on Appropriations of the Senate, and the Committee on Ap4 propriations of the House of Representatives for each fiscal 

5 year— 

6 ‘‘(A) a separate statement of the budget estimate 

7 transmitted pursuant to paragraph (1); 

8 ‘‘(B) the amount requested by the Director for 

9 the Inspector General pursuant to paragraph (2)(A); 

10 ‘‘(C) the amount requested by the Director for the 

11 training of personnel of the Office of the Inspector 

12 General pursuant to paragraph (2)(B); 

13 ‘‘(D) the amount requested by the Director for 

14 support for the Council of the Inspectors General on 

15 Integrity and Efficiency pursuant to paragraph 

16 (2)(C); and 

17 ‘‘(E) the comments of the Inspector General 

18 under paragraph (2)(D), if any, on the amounts re19 quested pursuant to paragraph (2), including whether 

20 such amounts would substantially inhibit the Inspec21 tor General from performing the duties of the Office 

22 of the Inspector General.’’. 

23 (2) TABLE OF CONTENTS AMENDMENT.—The 

24 table of contents in the first section of the National 

25 Security Act of 1947, as amended by section 347 of 
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1 this Act, is further amended by inserting after the 

2 item relating to section 103G the following new item: 

‘‘Sec. 103H. Inspector General of the Intelligence Community.’’. 

3 (b) PAY OF INSPECTOR GENERAL.—Subparagraph (A) 

4 of section 4(a)(3) of the Inspector General Reform Act of 

5 2008 (Public Law 110–409; 5 U.S.C. App. note) is amended 

6 by inserting ‘‘the Inspector General of the Intelligence Com7 munity,’’ after ‘‘basic pay of’’. 

8 (c) CONSTRUCTION.—Nothing in the amendment made 

9 by subsection (a)(1) shall be construed to alter the duties 

10 and responsibilities of the General Counsel of the Office of 

11 the Director of National Intelligence. 

12 (d) REPEAL OF SUPERSEDED AUTHORITY TO ESTAB13 LISH POSITION.—Section 8K of the Inspector General Act 

14 of 1978 (5 U.S.C. App.) shall be repealed on the date that 

15 the President appoints, with the advice and consent of the 

16 Senate, the first individual to serve as Inspector General 

17 for the Intelligence Community pursuant to section 103H 

18 of the National Security Act of 1947, as added by subsection 

19 (a), and such individual assumes the duties of the Inspector 

20 General. 

21 SEC. 406. CHIEF FINANCIAL OFFICER OF THE INTEL22 LIGENCE COMMUNITY. 

23 (a) ESTABLISHMENT.—Title I of the National Security 

24 Act of 1947 (50 U.S.C. 402 et seq.), as amended by section 

25 405 of this Act, is further amended by inserting after section 
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1 103H, as added by section 405(a)(1), the following new sec2 tion: 

3 ‘‘CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE

4 COMMUNITY

5 ‘‘SEC. 103I. (a) CHIEF FINANCIAL OFFICER OF THE

6 INTELLIGENCE COMMUNITY.—To assist the Director of Na7 tional Intelligence in carrying out the responsibilities of the 

8 Director under this Act and other applicable provisions of 

9 law, there is within the Office of the Director of National 

10 Intelligence a Chief Financial Officer of the Intelligence 

11 Community who shall be appointed by the Director. 

12 ‘‘(b) DUTIES AND RESPONSIBILITIES.—Subject to the 

13 direction of the Director of National Intelligence, the Chief 

14 Financial Officer of the Intelligence Community shall— 

15 ‘‘(1) serve as the principal advisor to the Direc16 tor of National Intelligence and the Principal Deputy 

17 Director of National Intelligence on the management 

18 and allocation of intelligence community budgetary 

19 resources; 

20 ‘‘(2) participate in overseeing a comprehensive 

21 and integrated strategic process for resource manage22 ment within the intelligence community; 

23 ‘‘(3) ensure that the strategic plan of the Direc24 tor of National Intelligence— 

25 ‘‘(A) is based on budgetary constraints as 

26 specified in the Future Year Intelligence Plans 
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1 and Long-term Budget Projections required 

2 under section 506G; and 

3 ‘‘(B) contains specific goals and objectives 

4 to support a performance-based budget; 

5 ‘‘(4) prior to the obligation or expenditure of 

6 funds for the acquisition of any major system pursu7 ant to a Milestone A or Milestone B decision, receive 

8 verification from appropriate authorities that the na9 tional requirements for meeting the strategic plan of 

10 the Director have been established, and that such re11 quirements are prioritized based on budgetary con12 straints as specified in the Future Year Intelligence 

13 Plans and the Long-term Budget Projections for such 

14 major system required under section 506G; 

15 ‘‘(5) ensure that the collection architectures of the 

16 Director are based on budgetary constraints as speci17 fied in the Future Year Intelligence Plans and the 

18 Long-term Budget Projections required under section 

19 506G; 

20 ‘‘(6) coordinate or approve representations made 

21 to Congress by the intelligence community regarding 

22 National Intelligence Program budgetary resources; 

23 ‘‘(7) participate in key mission requirements, ac24 quisitions, or architectural boards formed within or 
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1 by the Office of the Director of National Intelligence; 

2 and 

3 ‘‘(8) perform such other duties as may be pre4 scribed by the Director of National Intelligence. 

5 ‘‘(c) OTHER LAW.—The Chief Financial Officer of the 

6 Intelligence Community shall serve as the Chief Financial 

7 Officer of the intelligence community and, to the extent ap8 plicable, shall have the duties, responsibilities, and authori9 ties specified in chapter 9 of title 31, United States Code. 

10 ‘‘(d) PROHIBITION ON SIMULTANEOUS SERVICE AS

11 OTHER CHIEF FINANCIAL OFFICER.—An individual serv12 ing in the position of Chief Financial Officer of the Intel13 ligence Community may not, while so serving, serve as the 

14 chief financial officer of any other department or agency, 

15 or component thereof, of the United States Government. 

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

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

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

19 ‘‘(2) The term ‘Milestone A’ has the meaning 

20 given that term in section 506G(f). 

21 ‘‘(3) The term ‘Milestone B’ has the meaning 

22 given that term in section 506C(e).’’. 

23 (b) TABLE OF CONTENTS AMENDMENT.—The table of 

24 contents in the first section of the National Security Act 

25 of 1947, as amended by section 405(a), is further amended 
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1 by inserting after the item relating to section 103H, as 

2 added by section 405(a)(2), the following new item: 

‘‘Sec. 103I. Chief Financial Officer of the Intelligence Community.’’. 

3 SEC. 407. LEADERSHIP AND LOCATION OF CERTAIN OF4 FICES AND OFFICIALS. 

5 (a) NATIONAL COUNTER PROLIFERATION CENTER.— 

6 Section 119A(a) of the National Security Act of 1947 (50 

7 U.S.C. 404o–1(a)) is amended— 

8 (1) by striking ‘‘Not later than 18 months after 

9 the date of the enactment of the National Security In10 telligence Reform Act of 2004, the’’ and inserting ‘‘(1) 

11 The’’; and 

12 (2) by adding at the end the following new para13 graphs: 

14 ‘‘(2) The head of the National Counter Proliferation 

15 Center shall be the Director of the National Counter Pro16 liferation Center, who shall be appointed by the Director 

17 of National Intelligence. 

18 ‘‘(3) The National Counter Proliferation Center shall 

19 be located within the Office of the Director of National In20 telligence.’’. 

21 (b) OFFICERS.—Section 103(c) of that Act (50 U.S.C. 

22 403–3(c)) is amended— 

23 (1) by redesignating paragraph (9) as para24 graph (14); and 
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1 (2) by inserting after paragraph (8) the fol2 lowing new paragraphs: 

3 ‘‘(9) The Chief Information Officer of the Intel4 ligence Community. 

5 ‘‘(10) The Inspector General of the Intelligence 

6 Community. 

7 ‘‘(11) The Director of the National Counterter8 rorism Center. 

9 ‘‘(12) The Director of the National Counter Pro10 liferation Center. 

11 ‘‘(13) The Chief Financial Officer of the Intel12 ligence Community.’’. 

13 SEC. 408. PROTECTION OF CERTAIN FILES OF THE OFFICE 

14 OF THE DIRECTOR OF NATIONAL INTEL15 LIGENCE. 

16 (a) IN GENERAL.—Title VII of the National Security 

17 Act of 1947 (50 U.S.C. 431 et seq.) is amended by adding 

18 at the end the following new section: 

19 ‘‘PROTECTION OF CERTAIN FILES OF THE OFFICE OF THE

20 DIRECTOR OF NATIONAL INTELLIGENCE

21 ‘‘SEC. 706. (a) INAPPLICABILITY OF FOIA TO EX22 EMPTED OPERATIONAL FILES PROVIDED TO ODNI.—(1) 

23 Subject to paragraph (2), the provisions of section 552 of 

24 title 5, United States Code, that require search, review, pub25 lication, or disclosure of a record shall not apply to a record 

26 provided to the Office of the Director of National Intel-
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1 ligence by an element of the intelligence community from 

2 the exempted operational files of such element. 

3 ‘‘(2) Paragraph (1) shall not apply with respect to a 

4 record of the Office that— 

5 ‘‘(A) contains information derived or dissemi6 nated from an exempted operational file, unless such 

7 record is created by the Office for the sole purpose of 

8 organizing such exempted operational file for use by 

9 the Office; 

10 ‘‘(B) is disseminated by the Office to a person 

11 other than an officer, employee, or contractor of the 

12 Office; or 

13 ‘‘(C) is no longer designated as an exempted 

14 operational file in accordance with this title. 

15 ‘‘(b) EFFECT OF PROVIDING FILES TO ODNI.—Not16 withstanding any other provision of this title, an exempted 

17 operational file that is provided to the Office by an element 

18 of the intelligence community shall not be subject to the pro19 visions of section 552 of title 5, United States Code, that 

20 require search, review, publication, or disclosure of a record 

21 solely because such element provides such exempted oper22 ational file to the Office. 

23 ‘‘(c) SEARCH AND REVIEW FOR CERTAIN PURPOSES.— 

24 Notwithstanding subsection (a) or (b), an exempted oper-
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1 ational file shall continue to be subject to search and review 

2 for information concerning any of the following: 

3 ‘‘(1) United States citizens or aliens lawfully ad4 mitted for permanent residence who have requested 

5 information on themselves pursuant to the provisions 

6 of section 552 or 552a of title 5, United States Code. 

7 ‘‘(2) Any special activity the existence of which 

8 is not exempt from disclosure under the provisions of 

9 section 552 of title 5, United States Code. 

10 ‘‘(3) The specific subject matter of an investiga11 tion for any impropriety or violation of law, Execu12 tive order, or Presidential directive, in the conduct of 

13 an intelligence activity by any of the following: 

14 ‘‘(A) The Select Committee on Intelligence 

15 of the Senate. 

16 ‘‘(B) The Permanent Select Committee on 

17 Intelligence of the House of Representatives. 

18 ‘‘(C) The Intelligence Oversight Board. 

19 ‘‘(D) The Department of Justice. 

20 ‘‘(E) The Office of the Director of National 

21 Intelligence. 

22 ‘‘(F) The Office of the Inspector General of 

23 the Intelligence Community. 

24 ‘‘(d) DECENNIAL REVIEW OF EXEMPTED OPER25 ATIONAL FILES.—(1) Not less than once every 10 years, the 
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1 Director of National Intelligence shall review the exemp2 tions in force under subsection (a) to determine whether 

3 such exemptions may be removed from any category of ex4 empted files or any portion thereof. 

5 ‘‘(2) The review required by paragraph (1) shall in6 clude consideration of the historical value or other public 

7 interest in the subject matter of the particular category of 

8 files or portions thereof and the potential for declassifying 

9 a significant part of the information contained therein. 

10 ‘‘(3) A complainant that alleges that the Director of 

11 National Intelligence has improperly withheld records be12 cause of failure to comply with this subsection may seek 

13 judicial review in the district court of the United States 

14 of the district in which any of the parties reside, or in the 

15 District of Columbia. In such a proceeding, the court’s re16 view shall be limited to determining the following: 

17 ‘‘(A) Whether the Director has conducted the re18 view required by paragraph (1) before the expiration 

19 of the 10-year period beginning on the date of the en20 actment of the Intelligence Authorization Act for Fis21 cal Year 2010 or before the expiration of the 10-year 

22 period beginning on the date of the most recent re23 view. 
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1 ‘‘(B) Whether the Director of National Intel2 ligence, in fact, considered the criteria set forth in 

3 paragraph (2) in conducting the required review. 

4 ‘‘(e) SUPERSEDURE OF OTHER LAWS.—The provisions 

5 of this section may not be superseded except by a provision 

6 of law that is enacted after the date of the enactment of 

7 this section and that specifically cites and repeals or modi8 fies such provisions. 

9 ‘‘(f) ALLEGATION; IMPROPER WITHHOLDING OF

10 RECORDS; JUDICIAL REVIEW.—(1) Except as provided in 

11 paragraph (2), whenever any person who has requested 

12 agency records under section 552 of title 5, United States 

13 Code, alleges that the Office has withheld records improp14 erly because of failure to comply with any provision of this 

15 section, judicial review shall be available under the terms 

16 set forth in section 552(a)(4)(B) of title 5, United States 

17 Code. 

18 ‘‘(2) Judicial review shall not be available in the man19 ner provided for under paragraph (1) as follows: 

20 ‘‘(A) In any case in which information specifi21 cally authorized under criteria established by an Ex22 ecutive order to be kept secret in the interests of na23 tional defense or foreign relations is filed with, or 

24 produced for, the court by the Office, such informa-
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1 tion shall be examined ex parte, in camera by the 

2 court. 

3 ‘‘(B) The court shall determine, to the fullest ex4 tent practicable, the issues of fact based on sworn 

5 written submissions of the parties. 

6 ‘‘(C)(i) When a complainant alleges that re7 quested records were improperly withheld because of 

8 improper exemption of operational files, the Office 

9 may meet the burden of the Office under section 

10 552(a)(4)(B) of title 5, United States Code, by dem11 onstrating to the court by sworn written submission 

12 that exempted files likely to contain responsive 

13 records are records provided to the Office by an ele14 ment of the intelligence community from the exempted 

15 operational files of such element. 

16 ‘‘(ii) The court may not order the Office to re17 view the content of any exempted file in order to 

18 make the demonstration required under clause (i), un19 less the complainant disputes the Office’s showing 

20 with a sworn written submission based on personal 

21 knowledge or otherwise admissible evidence. 

22 ‘‘(D) In proceedings under subparagraph (C), a 

23 party may not obtain discovery pursuant to rules 26 

24 through 36 of the Federal Rules of Civil Procedure, 

25 except that requests for admissions may be made pur-
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1 suant to rules 26 and 36 of the Federal Rules of Civil 

2 Procedure. 

3 ‘‘(E) If the court finds under this subsection that 

4 the Office has improperly withheld requested records 

5 because of failure to comply with any provision of 

6 this section, the court shall order the Office to search 

7 and review each appropriate exempted file for the re8 quested records and make such records, or portions 

9 thereof, available in accordance with the provisions of 

10 section 552 of title 5, United States Code (commonly 

11 referred to as the Freedom of Information Act), and 

12 such order shall be the exclusive remedy for failure to 

13 comply with this section. 

14 ‘‘(F) If at any time following the filing of a com15 plaint pursuant to this paragraph the Office agrees to 

16 search each appropriate exempted file for the re17 quested records, the court shall dismiss the claim 

18 based upon such complaint. 

19 ‘‘(g) DEFINITIONS.—In this section: 

20 ‘‘(1) The term ‘exempted operational file’ means 

21 a file of an element of the intelligence community 

22 that, in accordance with this title, is exempted from 

23 the provisions of section 552 of title 5, United States 

24 Code, that require search, review, publication, or dis25 closure of such file. 
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1 ‘‘(2) Except as otherwise specifically provided, 

2 the term ‘Office’ means the Office of the Director of 

3 National Intelligence.’’. 

4 (b) TABLE OF CONTENTS AMENDMENT.—The table of 

5 contents in the first section of the National Security Act 

6 of 1947, as amended by section 406(b) of this Act, is further 

7 amended by inserting after the item relating to section 705 

8 the following new item: 

‘‘Sec. 706. Protection of certain files of the Office of the Director of National Intelligence.’’. 

9 SEC. 409. COUNTERINTELLIGENCE INITIATIVES FOR THE 

10 INTELLIGENCE COMMUNITY. 

11 Section 1102 of the National Security Act of 1947 (50 

12 U.S.C. 442a) is amended— 

13 (1) in subsection (a)— 

14 (A) by striking paragraph (2); and 

15 (B) by striking ‘‘(1) In’’ and inserting 

16 ‘‘In’’; and 

17 (2) in subsection (c)— 

18 (A) by striking paragraph (2); and 

19 (B) by striking ‘‘(1) The’’ and inserting 

20 ‘‘The’’. 
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1 SEC. 410. INAPPLICABILITY OF FEDERAL ADVISORY COM2 MITTEE ACT TO ADVISORY COMMITTEES OF 

3 THE OFFICE OF THE DIRECTOR OF NATIONAL 

4 INTELLIGENCE. 

5 (a) IN GENERAL.—Section 4(b) of the Federal Advi6 sory Committee Act (5 U.S.C. App.) is amended— 

7 (1) in paragraph (1), by striking ‘‘or’’; 

8 (2) in paragraph (2), by striking the period and 

9 inserting ‘‘; or’’; and 

10 (3) by adding at the end the following new para11 graph: 

12 ‘‘(3) the Office of the Director of National Intel13 ligence, if the Director of National Intelligence deter14 mines that for reasons of national security such advi15 sory committee cannot comply with the requirements 

16 of this Act.’’. 

17 (b) ANNUAL REPORT.— 

18 (1) IN GENERAL.—The Director of National In19 telligence and the Director of the Central Intelligence 

20 Agency shall each submit to the congressional intel21 ligence committees an annual report on advisory com22 mittees created by each such Director. Each report 

23 shall include— 

24 (A) a description of each such advisory 

25 committee, including the subject matter of the 

26 committee; and 
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1 (B) a list of members of each such advisory 

2 committee. 

3 (2) REPORT ON REASONS FOR ODNI EXCLUSION

4 OF ADVISORY COMMITTEE FROM FACA.—Each report 

5 submitted by the Director of National Intelligence in 

6 accordance with paragraph (1) shall include the rea7 sons for a determination by the Director under sec8 tion 4(b)(3) of the Federal Advisory Committee Act (5 

9 U.S.C. App.), as added by subsection (a) of this sec10 tion, that an advisory committee cannot comply with 

11 the requirements of such Act. 

12 SEC. 411. MEMBERSHIP OF THE DIRECTOR OF NATIONAL 

13 INTELLIGENCE ON THE TRANSPORTATION 

14 SECURITY OVERSIGHT BOARD. 

15 Subparagraph (F) of section 115(b)(1) of title 49, 

16 United States Code, is amended to read as follows: 

17 ‘‘(F) The Director of National Intelligence, 

18 or the Director’s designee.’’. 

19 SEC. 412. REPEAL OF CERTAIN AUTHORITIES RELATING TO 

20 THE OFFICE OF THE NATIONAL COUNTER21 INTELLIGENCE EXECUTIVE. 

22 (a) REPEAL OF CERTAIN AUTHORITIES.—Section 904 

23 of the Counterintelligence Enhancement Act of 2002 (50 

24 U.S.C. 402c) is amended— 

25 (1) by striking subsections (d), (h), (i), and (j); 
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1 (2) by redesignating subsections (e), (f), (g), (k), 

2 (l), and (m) as subsections (d), (e), (f), (g), (h), and 

3 (i), respectively; and 

4 (3) in subsection (f), as redesignated by para5 graph (2), by striking paragraphs (3) and (4). 

6 (b) CONFORMING AMENDMENTS.—Such section 904 is 

7 further amended— 

8 (1) in subsection (d), as redesignated by sub9 section (a)(2) of this section, by striking ‘‘subsection 

10 (f)’’ each place it appears in paragraphs (1) and (2) 

11 and inserting ‘‘subsection (e)’’; and 

12 (2) in subsection (e), as so redesignated— 

13 (A) in paragraph (1), by striking ‘‘sub14 section (e)(1)’’ and inserting ‘‘subsection (d)(1)’’; 

15 and 

16 (B) in paragraph (2), by striking ‘‘sub17 section (e)(2)’’ and inserting ‘‘subsection (d)(2)’’. 

18 SEC. 413. MISUSE OF THE OFFICE OF THE DIRECTOR OF NA19 TIONAL INTELLIGENCE NAME, INITIALS, OR 

20 SEAL. 

21 (a) PROHIBITION.—Title XI of the National Security 

22 Act of 1947 (50 U.S.C. 442 et seq.) is amended by adding 

23 at the end the following new section: 
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1 ‘‘MISUSE OF THE OFFICE OF THE DIRECTOR OF NATIONAL

2 INTELLIGENCE NAME, INITIALS, OR SEAL

3 ‘‘SEC. 1103. (a) PROHIBITED ACTS.—No person may, 

4 except with the written permission of the Director of Na5 tional Intelligence, or a designee of the Director, knowingly 

6 use the words ‘Office of the Director of National Intel7 ligence’, the initials ‘ODNI’, the seal of the Office of the 

8 Director of National Intelligence, or any colorable imitation 

9 of such words, initials, or seal in connection with any mer10 chandise, impersonation, solicitation, or commercial activ11 ity in a manner reasonably calculated to convey the impres12 sion that such use is approved, endorsed, or authorized by 

13 the Director of National Intelligence. 

14 ‘‘(b) INJUNCTION.—Whenever it appears to the Attor15 ney General that any person is engaged or is about to en16 gage in an act or practice which constitutes or will con17 stitute conduct prohibited by subsection (a), the Attorney 

18 General may initiate a civil proceeding in a district court 

19 of the United States to enjoin such act or practice. Such 

20 court shall proceed as soon as practicable to the hearing 

21 and determination of such action and may, at any time 

22 before final determination, enter such restraining orders or 

23 prohibitions, or take such other action as is warranted, to 

24 prevent injury to the United States or to any person or 

25 class of persons for whose protection the action is brought.’’. 
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1 (b) TABLE OF CONTENTS AMENDMENT.—The table of 

2 contents in the first section of such Act, as amended by sec3 tion 408 of this Act, is further amended by inserting after 

4 the item relating to section 1102 the following new item: 

‘‘Sec. 1103. Misuse of the Office of the Director of National Intelligence name, initials, or seal.’’. 

5 SEC. 414. PLAN TO IMPLEMENT RECOMMENDATIONS OF 

6 THE DATA CENTER ENERGY EFFICIENCY RE7 PORTS. 

8 (a) PLAN.—The Director of National Intelligence shall 

9 develop a plan to implement the recommendations of the 

10 report submitted to Congress under section 1 of the Act enti11 tled ‘‘An Act to study and promote the use of energy effi12 cient computer servers in the United States’’ (Public Law 

13 109–431; 120 Stat. 2920) across the intelligence commu14 nity. 

15 (b) REPORT.— 

16 (1) IN GENERAL.—Not later than 180 days after 

17 the date of the enactment of this Act, the Director of 

18 National Intelligence shall submit to the congressional 

19 intelligence committees a report containing the plan 

20 developed under subsection (a). 

21 (2) FORM.—The report required under para22 graph (1) shall be submitted in unclassified form, but 

23 may include a classified annex. 
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1 SEC. 415. DIRECTOR OF NATIONAL INTELLIGENCE SUP2 PORT FOR REVIEWS OF INTERNATIONAL 

3 TRAFFIC IN ARMS REGULATIONS AND EX4 PORT ADMINISTRATION REGULATIONS. 

5 The Director of National Intelligence may provide sup6 port for any review conducted by a department or agency 

7 of the United States Government of the International Traf8 fic in Arms Regulations or Export Administration Regula9 tions, including a review of technologies and goods on the 

10 United States Munitions List and Commerce Control List 

11 that may warrant controls that are different or additional 

12 to the controls such technologies and goods are subject to 

13 at the time of such review. 

14 Subtitle B—Central Intelligence 

15 Agency 

16 SEC. 421. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR 

17 PROTECTIVE PERSONNEL OF THE CENTRAL 

18 INTELLIGENCE AGENCY. 

19 Section 5(a)(4) of the Central Intelligence Agency Act 

20 of 1949 (50 U.S.C. 403f(a)(4)) is amended— 

21 (1) by striking ‘‘and the protection’’ and insert22 ing ‘‘the protection’’; and 

23 (2) by inserting before the semicolon the fol24 lowing: ‘‘, and the protection of the Director of Na25 tional Intelligence and such personnel of the Office of 
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1 the Director of National Intelligence as the Director 

2 of National Intelligence may designate’’. 

3 SEC. 422. APPEALS FROM DECISIONS INVOLVING CON4 TRACTS OF THE CENTRAL INTELLIGENCE 

5 AGENCY. 

6 Section 8(d) of the Contract Disputes Act of 1978 (41 

7 U.S.C. 607(d)) is amended by adding at the end ‘‘Notwith8 standing any other provision of this section and any other 

9 provision of law, an appeal from a decision of a contracting 

10 officer of the Central Intelligence Agency relative to a con11 tract made by that Agency may be filed with whichever of 

12 the Armed Services Board of Contract Appeals or the Civil13 ian Board of Contract Appeals is specified by such con14 tracting officer as the Board to which such an appeal may 

15 be made and such Board shall have jurisdiction to decide 

16 that appeal.’’. 

17 SEC. 423. DEPUTY DIRECTOR OF THE CENTRAL INTEL18 LIGENCE AGENCY. 

19 (a) ESTABLISHMENT AND DUTIES OF DEPUTY DIREC20 TOR OF THE CIA.—Title I of the National Security Act 

21 of 1947 (50 U.S.C. 402 et seq.), as amended by section 406 

22 of this Act, is further amended by inserting after section 

23 104A the following new section: 
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1 ‘‘DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE

2 AGENCY

3 ‘‘SEC. 104B. (a) DEPUTY DIRECTOR OF THE CENTRAL

4 INTELLIGENCE AGENCY.—There is a Deputy Director of the 

5 Central Intelligence Agency who shall be appointed by the 

6 President. 

7 ‘‘(b) DUTIES.—The Deputy Director of the Central In8 telligence Agency shall— 

9 ‘‘(1) assist the Director of the Central Intel10 ligence Agency in carrying out the duties and respon11 sibilities of the Director of the Central Intelligence 

12 Agency; and 

13 ‘‘(2) during the absence or disability of the Di14 rector of the Central Intelligence Agency, or during a 

15 vacancy in the position of Director of the Central In16 telligence Agency, act for and exercise the powers of 

17 the Director of the Central Intelligence Agency.’’. 

18 (b) CONFORMING AMENDMENTS.— 

19 (1) EXECUTIVE SCHEDULE III.—Section 5314 of 

20 title 5, United States Code, is amended by striking 

21 ‘‘Deputy Directors of Central Intelligence (2)’’ and 

22 inserting ‘‘Deputy Director of the Central Intelligence 

23 Agency’’. 

24 (2) TABLE OF CONTENTS AMENDMENT.—The 

25 table of contents in the first section of the National 
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1 Security Act of 1947, as amended by section 414 of 

2 this Act, is further amended by inserting after the 

3 item relating to section 104A the following new item: 

‘‘Sec. 104B. Deputy Director of the Central Intelligence Agency.’’. 

4 (c) APPLICABILITY.—The amendments made by this 

5 section shall apply on the earlier of— 

6 (1) the date of the appointment by the President 

7 of an individual to serve as Deputy Director of the 

8 Central Intelligence Agency pursuant to section 104B 

9 of the National Security Act of 1947, as added by 

10 subsection (a), except that the individual administra11 tively performing the duties of the Deputy Director of 

12 the Central Intelligence Agency as of the date of the 

13 enactment of this Act may continue to perform such 

14 duties until the individual appointed to the position 

15 of Deputy Director of the Central Intelligence Agency 

16 assumes the duties of such position; or 

17 (2) the date of the cessation of the performance 

18 of the duties of the Deputy Director of the Central In19 telligence Agency by the individual administratively 

20 performing such duties as of the date of the enactment 

21 of this Act. 

22 SEC. 424. AUTHORITY TO AUTHORIZE TRAVEL ON A COM23 MON CARRIER. 

24 Subsection (b) of section 116 of the National Security 

25 Act of 1947 (50 U.S.C. 404k) is amended by striking the 
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1 period at the end and inserting ‘‘, who may delegate such 

2 authority to other appropriate officials of the Central Intel3 ligence Agency.’’. 

4 SEC. 425. INSPECTOR GENERAL FOR THE CENTRAL INTEL5 LIGENCE AGENCY. 

6 (a) APPOINTMENT AND QUALIFICATIONS OF THE IN7 SPECTOR GENERAL.—Paragraph (1) of section 17(b) of the 

8 Central Intelligence Agency Act of 1949 (50 U.S.C. 403q(b)) 

9 is amended by striking the second and third sentences and 

10 inserting ‘‘This appointment shall be made without regard 

11 to political affiliation and shall be on the basis of integrity 

12 and demonstrated ability in accounting, auditing, financial 

13 analysis, law, management analysis, public administra14 tion, or investigation. Such appointment shall also be made 

15 on the basis of compliance with the security standards of 

16 the Agency and prior experience in the field of foreign intel17 ligence.’’. 

18 (b) REMOVAL OF THE INSPECTOR GENERAL.—Para19 graph (6) of section 17(b) of the Central Intelligence Agency 

20 Act of 1949 (50 U.S.C. 403q(b)) is amended— 

21 (1) by striking ‘‘immediately’’; and 

22 (2) by striking the period at the end and insert23 ing ‘‘not later than 30 days prior to the effective date 

24 of such removal. Nothing in this paragraph shall be 
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1 construed to prohibit a personnel action otherwise au2 thorized by law, other than transfer or removal.’’. 

3 (c) APPLICATION OF SEMIANNUAL REPORTING RE4 QUIREMENTS WITH RESPECT TO REVIEW REPORTS.— 

5 Paragraph (1) of section 17(d) of the Central Intelligence 

6 Agency Act of 1949 (50 U.S.C. 403q(d)) is amended in the 

7 matter preceding subparagraph (A) by inserting ‘‘review,’’ 

8 after ‘‘investigation,’’. 

9 (d) PROTECTION AGAINST REPRISALS.—Subpara10 graph (B) of section 17(e)(3) of the Central Intelligence 

11 Agency Act of 1949 (50 U.S.C. 403q(e)(3)) is amended by 

12 inserting ‘‘or providing such information’’ after ‘‘making 

13 such complaint’’. 

14 (e) INSPECTOR GENERAL SUBPOENA POWER.—Sub15 paragraph (A) of section 17(e)(5) of the Central Intelligence 

16 Agency Act of 1949 (50 U.S.C. 403q(e)(5)) is amended by 

17 inserting ‘‘in any medium (including electronically stored 

18 information or any tangible thing)’’ after ‘‘other data’’. 

19 (f) OTHER ADMINISTRATIVE AUTHORITIES.— 

20 (1) IN GENERAL.—Subsection (e) of section 17 of 

21 the Central Intelligence Agency Act of 1949 (50 

22 U.S.C. 403q), as amended by subsections (d) and (e) 

23 of this section, is further amended— 

24 (A) by redesignating paragraph (8) as sub25 paragraph (9); 
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1 (B) in paragraph (9), as so redesignated— 

2 (i) by striking ‘‘Subject to the concur3 rence of the Director, the’’ and inserting 

4 ‘‘The’’; and 

5 (ii) by adding at the end the following: 

6 ‘‘Consistent with budgetary and personnel 

7 resources allocated by the Director, the In8 spector General has final approval of— 

9 ‘‘(A) the selection of internal and external 

10 candidates for employment with the Office of In11 spector General; and 

12 ‘‘(B) all other personnel decisions con13 cerning personnel permanently assigned to the 

14 Office of Inspector General, including selection 

15 and appointment to the Senior Intelligence Serv16 ice, but excluding all security-based determina17 tions that are not within the authority of a head 

18 of other Central Intelligence Agency offices.’’; and 

19 (C) by inserting after paragraph (7) the fol20 lowing new paragraph: 

21 ‘‘(8)(A) The Inspector General shall— 

22 ‘‘(i) appoint a Counsel to the Inspector General 

23 who shall report to the Inspector General; or 

24 ‘‘(ii) obtain the services of a counsel appointed 

25 by and directly reporting to another Inspector Gen-
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1 eral or the Council of the Inspectors General on Integ2 rity and Efficiency on a reimbursable basis. 

3 ‘‘(B) The counsel appointed or obtained under sub4 paragraph (A) shall perform such functions as the Inspector 

5 General may prescribe.’’. 

6 (2) CONSTRUCTION.—Nothing in the amendment 

7 made by paragraph (1)(C) shall be construed to alter 

8 the duties and responsibilities of the General Counsel 

9 of the Central Intelligence Agency. 

10 SEC. 426. BUDGET OF THE INSPECTOR GENERAL FOR THE 

11 CENTRAL INTELLIGENCE AGENCY. 

12 Subsection (f) of section 17 of the Central Intelligence 

13 Agency Act of 1949 (50 U.S.C. 403q) is amended— 

14 (1) by inserting ‘‘(1)’’ before ‘‘Beginning’’; and 

15 (2) by adding at the end the following new para16 graph: 

17 ‘‘(2) For each fiscal year, the Inspector General shall 

18 transmit a budget estimate and request through the Director 

19 to the Director of National Intelligence that specifies for 

20 such fiscal year— 

21 ‘‘(A) the aggregate amount requested for the op22 erations of the Inspector General; 

23 ‘‘(B) the amount requested for all training re24 quirements of the Inspector General, including a cer25 tification from the Inspector General that the amount 
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1 requested is sufficient to fund all training require2 ments for the Office; and 

3 ‘‘(C) the amount requested to support the Coun4 cil of the Inspectors General on Integrity and Effi5 ciency, including a justification for such amount. 

6 ‘‘(3) In transmitting a proposed budget to the Presi7 dent for a fiscal year, the Director of National Intelligence 

8 shall include for such fiscal year— 

9 ‘‘(A) the aggregate amount requested for the In10 spector General of the Central Intelligence Agency; 

11 ‘‘(B) the amount requested for Inspector General 

12 training; 

13 ‘‘(C) the amount requested to support the Coun14 cil of the Inspectors General on Integrity and Effi15 ciency; and 

16 ‘‘(D) the comments of the Inspector General, if 

17 any, with respect to such proposed budget. 

18 ‘‘(4) The Director of National Intelligence shall submit 

19 to the Committee on Appropriations and the Select Com20 mittee on Intelligence of the Senate and the Committee on 

21 Appropriations and the Permanent Select Committee on In22 telligence of the House of Representatives for each fiscal 

23 year— 

24 ‘‘(A) a separate statement of the budget estimate 

25 transmitted pursuant to paragraph (2); 
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1 ‘‘(B) the amount requested by the Director of Na2 tional Intelligence for the Inspector General pursuant 

3 to paragraph (3)(A); 

4 ‘‘(C) the amount requested by the Director of Na5 tional Intelligence for training of personnel of the Of6 fice of the Inspector General pursuant to paragraph 

7 (3)(B); 

8 ‘‘(D) the amount requested by the Director of Na9 tional Intelligence for support for the Council of the 

10 Inspectors General on Integrity and Efficiency pursu11 ant to paragraph (3)(C); and 

12 ‘‘(E) the comments of the Inspector General 

13 under paragraph (3)(D), if any, on the amounts re14 quested pursuant to paragraph (3), including whether 

15 such amounts would substantially inhibit the Inspec16 tor General from performing the duties of the Office.’’. 

17 SEC. 427. PUBLIC AVAILABILITY OF UNCLASSIFIED 

18 VERSIONS OF CERTAIN INTELLIGENCE PROD19 UCTS. 

20 The Director of the Central Intelligence Agency shall 

21 make publicly available an unclassified version of any 

22 memoranda or finished intelligence products assessing 

23 the— 

24 (1) information gained from high-value detainee 

25 reporting; and 
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1 (2) dated April 3, 2003, July 15, 2004, March 

2 2, 2005, and June 1, 2005. 

3 Subtitle C—Defense Intelligence 

4 Components 

5 SEC. 431. INSPECTOR GENERAL MATTERS. 

6 (a) COVERAGE UNDER INSPECTOR GENERAL ACT OF

7 1978.—Subsection (a)(2) of section 8G of the Inspector Gen8 eral Act of 1978 (5 U.S.C. App.) is amended— 

9 (1) by inserting ‘‘the Defense Intelligence Agen10 cy,’’ after ‘‘the Corporation for Public Broadcasting,’’; 

11 (2) by inserting ‘‘the National Geospatial-Intel12 ligence Agency,’’ after ‘‘the National Endowment for 

13 the Humanities,’’; and 

14 (3) by inserting ‘‘the National Reconnaissance 

15 Office, the National Security Agency,’’ after ‘‘the Na16 tional Labor Relations Board,’’. 

17 (b) CERTAIN DESIGNATIONS UNDER INSPECTOR GEN18 ERAL ACT OF 1978.—Subsection (a) of section 8H of the 

19 Inspector General Act of 1978 (5 U.S.C. App.) is amended 

20 by adding at the end the following new paragraph: 

21 ‘‘(3) The Inspectors General of the Defense Intelligence 

22 Agency, the National Geospatial-Intelligence Agency, the 

23 National Reconnaissance Office, and the National Security 

24 Agency shall be designees of the Inspector General of the 

25 Department of Defense for purposes of this section.’’. 
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† HR 2701 EAS 

1 (c) POWER OF HEADS OF ELEMENTS OVER INVES2 TIGATIONS.—Subsection (d) of section 8G of such Act (5 

3 U.S.C. App.) is amended— 

4 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; 

5 (2) in the second sentence of paragraph (1), as 

6 designated by paragraph (1) of this subsection, by 

7 striking ‘‘The head’’ and inserting ‘‘Except as pro8 vided in paragraph (2), the head’’; and 

9 (3) by adding at the end the following new para10 graph: 

11 ‘‘(2)(A) The Secretary of Defense, in consultation with 

12 the Director of National Intelligence, may prohibit the in13 spector general of an element of the intelligence community 

14 specified in subparagraph (D) from initiating, carrying 

15 out, or completing any audit or investigation if the Sec16 retary determines that the prohibition is necessary to pro17 tect vital national security interests of the United States. 

18 ‘‘(B) If the Secretary exercises the authority under sub19 paragraph (A), the Secretary shall submit to the committees 

20 of Congress specified in subparagraph (E) an appropriately 

21 classified statement of the reasons for the exercise of such 

22 authority not later than 7 days after the exercise of such 

23 authority. 

24 ‘‘(C) At the same time the Secretary submits under 

25 subparagraph (B) a statement on the exercise of the author-
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1 ity in subparagraph (A) to the committees of Congress spec2 ified in subparagraph (E), the Secretary shall notify the 

3 inspector general of such element of the submittal of such 

4 statement and, to the extent consistent with the protection 

5 of intelligence sources and methods, provide such inspector 

6 general with a copy of such statement. Such inspector gen7 eral may submit to such committees of Congress any com8 ments on a notice or statement received by the inspector 

9 general under this subparagraph that the inspector general 

10 considers appropriate. 

11 ‘‘(D) The elements of the intelligence community speci12 fied in this subparagraph are as follows: 

13 ‘‘(i) The Defense Intelligence Agency. 

14 ‘‘(ii) The National Geospatial-Intelligence Agen15 cy. 

16 ‘‘(iii) The National Reconnaissance Office. 

17 ‘‘(iv) The National Security Agency. 

18 ‘‘(E) The committees of Congress specified in this sub19 paragraph are— 

20 ‘‘(i) the Committee on Armed Services and the 

21 Select Committee on Intelligence of the Senate; and 

22 ‘‘(ii) the Committee on Armed Services and the 

23 Permanent Select Committee on Intelligence of the 

24 House of Representatives.’’. 
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1 SEC. 432. CLARIFICATION OF NATIONAL SECURITY MIS2 SIONS OF NATIONAL GEOSPATIAL-INTEL3 LIGENCE AGENCY FOR ANALYSIS AND DIS4 SEMINATION OF CERTAIN INTELLIGENCE IN5 FORMATION. 

6 Section 442(a) of title 10, United States Code, is 

7 amended— 

8 (1) by redesignating paragraph (2) as para9 graph (3); 

10 (2) by inserting after paragraph (1) the fol11 lowing new paragraph (2): 

12 ‘‘(2)(A) As directed by the Director of National Intel13 ligence, the National Geospatial-Intelligence Agency shall 

14 develop a system to facilitate the analysis, dissemination, 

15 and incorporation of likenesses, videos, and presentations 

16 produced by ground-based platforms, including handheld or 

17 clandestine photography taken by or on behalf of human 

18 intelligence collection organizations or available as open19 source information, into the National System for Geospatial 

20 Intelligence. 

21 ‘‘(B) The authority provided by this paragraph does 

22 not include authority for the National Geospatial-Intel23 ligence Agency to manage tasking of handheld or clandes24 tine photography taken by or on behalf of human intel25 ligence collection organizations.’’; and 
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1 (3) in paragraph (3), as so redesignated, by 

2 striking ‘‘paragraph (1)’’ and inserting ‘‘paragraphs 

3 (1) and (2)’’. 

4 SEC. 433. DIRECTOR OF COMPLIANCE OF THE NATIONAL 

5 SECURITY AGENCY. 

6 The National Security Agency Act of 1959 (50 U.S.C. 

7 402 note) is amended by inserting after the first section 

8 the following new section: 

9 ‘‘SEC. 2. There is a Director of Compliance of the Na10 tional Security Agency, who shall be appointed by the Di11 rector of the National Security Agency and who shall be 

12 responsible for the programs of compliance over mission ac13 tivities of the National Security Agency.’’. 

14 Subtitle D—Other Elements 

15 SEC. 441. CODIFICATION OF ADDITIONAL ELEMENTS OF 

16 THE INTELLIGENCE COMMUNITY. 

17 Section 3(4) of the National Security Act of 1947 (50 

18 U.S.C. 401a(4)) is amended— 

19 (1) in subparagraph (H)— 

20 (A) by inserting ‘‘the Coast Guard,’’ after 

21 ‘‘the Marine Corps,’’; and 

22 (B) by inserting ‘‘the Drug Enforcement 

23 Administration,’’ after ‘‘the Federal Bureau of 

24 Investigation,’’; and 
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1 (2) in subparagraph (K), by striking ‘‘, includ2 ing the Office of Intelligence of the Coast Guard’’. 

3 SEC. 442. AUTHORIZATION OF APPROPRIATIONS FOR 

4 COAST GUARD NATIONAL TACTICAL INTE5 GRATION OFFICE. 

6 Title 14, United States Code, is amended— 

7 (1) in paragraph (4) of section 93(a), by striking 

8 ‘‘function’’ and inserting ‘‘function, including re9 search, development, test, or evaluation related to in10 telligence systems and capabilities,’’; and 

11 (2) in paragraph (4) of section 662, by inserting 

12 ‘‘intelligence systems and capabilities or’’ after ‘‘re13 lated to’’. 

14 SEC. 443. RETENTION AND RELOCATION BONUSES FOR THE 

15 FEDERAL BUREAU OF INVESTIGATION. 

16 Section 5759 of title 5, United States Code, is amend17 ed— 

18 (1) in subsection (a)(2), by striking ‘‘is trans19 ferred to a different geographic area with a higher 

20 cost of living’’ and inserting ‘‘is subject to a mobility 

21 agreement and is transferred to a position in a dif22 ferent geographical area in which there is a shortage 

23 of critical skills’’; 

24 (2) in subsection (b)(2), by striking the period at 

25 the end and inserting ‘‘, including requirements for a 
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1 bonus recipient’s repayment of a bonus in cir2 cumstances determined by the Director of the Federal 

3 Bureau of Investigation.’’; 

4 (3) in subsection (c), by striking ‘‘basic pay.’’ 

5 and inserting ‘‘annual rate of basic pay. The bonus 

6 may be paid in a lump sum or installments linked 

7 to completion of periods of service.’’; and 

8 (4) in subsection (d), by striking ‘‘retention 

9 bonus’’ and inserting ‘‘bonus paid under this sec10 tion’’. 

11 SEC. 444. EXTENSION OF THE AUTHORITY OF THE FEDERAL 

12 BUREAU OF INVESTIGATION TO WAIVE MAN13 DATORY RETIREMENT PROVISIONS. 

14 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Sub15 section (b) of section 8335 of title 5, United States Code, 

16 is amended— 

17 (1) in the paragraph (2) enacted by section 

18 112(a)(2) of the Department of Justice Appropria19 tions Act, 2005 (title I of division B of Public Law 

20 108–447; 118 Stat. 2868), by striking ‘‘2009’’ and in21 serting ‘‘2011’’; and 

22 (2) by striking the paragraph (2) enacted by sec23 tion 2005(a)(2) of the Intelligence Reform and Ter24 rorism Prevention Act of 2004 (Public Law 108–458; 

25 118 Stat. 3704). 
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1 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.— 

2 Subsection (b) of section 8425 of title 5, United States Code, 

3 is amended— 

4 (1) in the paragraph (2) enacted by section 

5 112(b)(2) of the Department of Justice Appropria6 tions Act, 2005 (title I of division B of Public Law 

7 108–447; 118 Stat. 2868), by striking ‘‘2009’’ and in8 serting ‘‘2011’’; and 

9 (2) by striking the paragraph (2) enacted by sec10 tion 2005(b)(2) of the Intelligence Reform and Ter11 rorism Prevention Act of 2004 (Public Law 108–458; 

12 118 Stat. 3704). 

13 SEC. 445. REPORT AND ASSESSMENTS ON TRANS14 FORMATION OF THE INTELLIGENCE CAPA15 BILITIES OF THE FEDERAL BUREAU OF IN16 VESTIGATION. 

17 (a) REPORT.— 

18 (1) REQUIREMENT.—Not later than 180 days 

19 after the date of the enactment of this Act, the Direc20 tor of the Federal Bureau of Investigation, in con21 sultation with the Director of National Intelligence, 

22 shall submit to the congressional intelligence commit23 tees, the Committee on the Judiciary of the Senate, 

24 and the Committee on the Judiciary of the House of 

25 Representatives a report describing— 
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1 (A) a long-term vision for the intelligence 

2 capabilities of the National Security Branch of 

3 the Bureau; 

4 (B) a strategic plan for the National Secu5 rity Branch; and 

6 (C) the progress made in advancing the ca7 pabilities of the National Security Branch. 

8 (2) CONTENT.—The report required by para9 graph (1) shall include— 

10 (A) a description of the direction, strategy, 

11 and goals for improving the intelligence capa12 bilities of the National Security Branch; 

13 (B) a description of the intelligence and na14 tional security capabilities of the National Secu15 rity Branch that will be fully functional within 

16 the five-year period beginning on the date on 

17 which the report is submitted; 

18 (C) a description— 

19 (i) of the internal reforms that were 

20 carried out at the National Security Branch 

21 during the two-year period ending on the 

22 date on which the report is submitted; and 

23 (ii) of the manner in which such re24 forms have advanced the capabilities of the 

25 National Security Branch; 
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1 (D) an assessment of the effectiveness of the 

2 National Security Branch in performing tasks 

3 that are critical to the effective functioning of the 

4 National Security Branch as an intelligence 

5 agency, including— 

6 (i) human intelligence collection, both 

7 within and outside the parameters of an ex8 isting case file or ongoing investigation, in 

9 a manner that protects civil liberties; 

10 (ii) intelligence analysis, including the 

11 ability of the National Security Branch to 

12 produce, and provide policymakers with, in13 formation on national security threats to 

14 the United States; 

15 (iii) management, including the ability 

16 of the National Security Branch to manage 

17 and develop human capital and implement 

18 an organizational structure that supports 

19 the objectives and strategies of the Branch; 

20 (iv) integration of the National Secu21 rity Branch into the intelligence commu22 nity, including an ability to robustly share 

23 intelligence and effectively communicate 

24 and operate with appropriate Federal, 

25 State, local, and tribal partners; 
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1 (v) implementation of an infrastruc2 ture that supports the national security and 

3 intelligence missions of the National Secu4 rity Branch, including proper information 

5 technology and facilities; and 

6 (vi) reformation of the culture of the 

7 National Security Branch, including the in8 tegration by the Branch of intelligence ana9 lysts and other professional staff into intel10 ligence collection operations and the success 

11 of the National Security Branch in ensur12 ing that intelligence and threat information 

13 drive the operations of the Branch; 

14 (E) performance metrics and specific an15 nual timetables for advancing the performance of 

16 the tasks referred to in clauses (i) through (vi) 

17 of subparagraph (D) and a description of the ac18 tivities being undertaken to ensure that the per19 formance of the National Security Branch in 

20 carrying out such tasks improves; and 

21 (F) an assessment of the effectiveness of the 

22 field office supervisory term limit policy of the 

23 Federal Bureau of Investigation that requires the 

24 mandatory reassignment of a supervisor of the 

25 Bureau after a specific term of years. 
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1 (b) ANNUAL ASSESSMENTS.— 

2 (1) REQUIREMENT FOR ASSESSMENTS.—Not 

3 later than 180 days after the date on which the report 

4 required by subsection (a)(1) is submitted, and annu5 ally thereafter for five years, the Director of National 

6 Intelligence, in consultation with the Director of the 

7 Federal Bureau of Investigation, shall submit to the 

8 congressional intelligence committees, the Committee 

9 on the Judiciary of the Senate, and the Committee on 

10 the Judiciary of the House of Representatives an as11 sessment of the performance of the National Security 

12 Branch in carrying out the tasks referred to in 

13 clauses (i) through (vi) of subsection (a)(2)(D) in 

14 comparison to such performance during previous 

15 years. 

16 (2) CONSIDERATIONS.—In conducting each as17 sessment required by paragraph (1), the Director of 

18 National Intelligence— 

19 (A) shall use the performance metrics and 

20 specific annual timetables for carrying out such 

21 tasks referred to in subsection (a)(2)(E); and 

22 (B) may request the assistance of any ex23 pert that the Director considers appropriate, in24 cluding an inspector general of an appropriate 

25 department or agency. 
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1 TITLE V—REORGANIZATION OF 

2 THE DIPLOMATIC TELE3 COMMUNICATIONS SERVICE 

4 PROGRAM OFFICE 

5 SEC. 501. REORGANIZATION OF THE DIPLOMATIC TELE6 COMMUNICATIONS SERVICE PROGRAM OF7 FICE. 

8 (a) REORGANIZATION OF THE DIPLOMATIC TELE9 COMMUNICATIONS SERVICE PROGRAM OFFICE.— 

10 (1) IN GENERAL.—Subtitle B of title III of the 

11 Intelligence Authorization Act for Fiscal Year 2001 

12 (Public Law 106–567; 22 U.S.C. 7301 et seq.) is 

13 amended by striking sections 321, 322, 323, and 324, 

14 and inserting the following new sections: 

15 ‘‘SEC. 321. DIPLOMATIC TELECOMMUNICATIONS SERVICE 

16 PROGRAM OFFICE. 

17 ‘‘(a) REORGANIZATION.—The Diplomatic Tele18 communications Service Program Office established pursu19 ant to title V of Public Law 102–140 shall be reorganized 

20 in accordance with this subtitle. 

21 ‘‘(b) DUTIES.—The duties of the DTS–PO include im22 plementing a program for the establishment and mainte23 nance of a DTS Network capable of providing multiple lev24 els of service to meet the wide-ranging needs of all United 

25 States Government departments and agencies operating 
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1 from diplomatic and consular facilities outside of the 

2 United States, including national security needs for secure, 

3 reliable, and robust communications capabilities. 

4 ‘‘SEC. 322. ESTABLISHMENT OF THE DIPLOMATIC TELE5 COMMUNICATIONS SERVICE GOVERNANCE 

6 BOARD. 

7 ‘‘(a) GOVERNANCE BOARD.— 

8 ‘‘(1) ESTABLISHMENT.—There is established the 

9 Diplomatic Telecommunications Service Governance 

10 Board to direct and oversee the activities and per11 formance of the DTS–PO. 

12 ‘‘(2) EXECUTIVE AGENT.— 

13 ‘‘(A) DESIGNATION.—The Director of the 

14 Office of Management and Budget shall des15 ignate, from among the departments and agen16 cies of the United States Government that use the 

17 DTS Network, a department or agency as the 

18 DTS–PO Executive Agent. 

19 ‘‘(B) DUTIES.—The Executive Agent des20 ignated under subparagraph (A) shall— 

21 ‘‘(i) nominate a Director of the DTS– 

22 PO for approval by the Governance Board 

23 in accordance with subsection (e); and 

24 ‘‘(ii) perform such other duties as es25 tablished by the Governance Board in the 
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1 determination of written implementing ar2 rangements and other relevant and appro3 priate governance processes and procedures 

4 under paragraph (3). 

5 ‘‘(3) REQUIREMENT FOR IMPLEMENTING AR6 RANGEMENTS.—Subject to the requirements of this 

7 subtitle, the Governance Board shall determine the 

8 written implementing arrangements and other rel9 evant and appropriate governance processes and pro10 cedures to manage, oversee, resource, or otherwise ad11 minister the DTS–PO. 

12 ‘‘(b) MEMBERSHIP.— 

13 ‘‘(1) SELECTION.—The Director of the Office of 

14 Management and Budget shall designate from among 

15 the departments and agencies that use the DTS Net16 work— 

17 ‘‘(A) four departments and agencies to each 

18 appoint one voting member of the Governance 

19 Board from the personnel of such departments 

20 and agencies; and 

21 ‘‘(B) any other departments and agencies 

22 that the Director considers appropriate to each 

23 appoint one nonvoting member of the Govern24 ance Board from the personnel of such depart25 ments and agencies. 
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1 ‘‘(2) VOTING AND NONVOTING MEMBERS.—The 

2 Governance Board shall consist of voting members 

3 and nonvoting members as follows: 

4 ‘‘(A) VOTING MEMBERS.—The voting mem5 bers shall consist of a Chair, who shall be des6 ignated by the Director of the Office of Manage7 ment and Budget, and the four members ap8 pointed by departments and agencies designated 

9 under paragraph (1)(A). 

10 ‘‘(B) NONVOTING MEMBERS.—The non11 voting members shall consist of the members ap12 pointed by departments and agencies designated 

13 under paragraph (1)(B) and shall act in an ad14 visory capacity. 

15 ‘‘(c) CHAIR DUTIES AND AUTHORITIES.—The Chair of 

16 the Governance Board shall— 

17 ‘‘(1) preside over all meetings and deliberations 

18 of the Governance Board; 

19 ‘‘(2) provide the Secretariat functions of the Gov20 ernance Board; and 

21 ‘‘(3) propose bylaws governing the operation of 

22 the Governance Board. 

23 ‘‘(d) QUORUM, DECISIONS, MEETINGS.—A quorum of 

24 the Governance Board shall consist of the presence of the 

25 Chair and four voting members. The decisions of the Gov-
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1 ernance Board shall require a majority of the voting mem2 bership. The Chair shall convene a meeting of the Govern3 ance Board not less than four times each year to carry out 

4 the functions of the Governance Board. The Chair or any 

5 voting member may convene a meeting of the Governance 

6 Board. 

7 ‘‘(e) GOVERNANCE BOARD DUTIES.—The Governance 

8 Board shall have the following duties with respect to the 

9 DTS–PO: 

10 ‘‘(1) To approve and monitor the plans, services, 

11 priorities, policies, and pricing methodology of the 

12 DTS–PO for bandwidth costs and projects carried out 

13 at the request of a department or agency that uses the 

14 DTS Network. 

15 ‘‘(2) To provide to the DTS–PO Executive Agent 

16 the recommendation of the Governance Board with re17 spect to the approval, disapproval, or modification of 

18 each annual budget request for the DTS–PO, prior to 

19 the submission of any such request by the Executive 

20 Agent. 

21 ‘‘(3) To review the performance of the DTS–PO 

22 against plans approved under paragraph (1) and the 

23 management activities and internal controls of the 

24 DTS–PO. 
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1 ‘‘(4) To require from the DTS–PO any plans, re2 ports, documents, and records the Governance Board 

3 considers necessary to perform its oversight respon4 sibilities. 

5 ‘‘(5) To conduct and evaluate independent audits 

6 of the DTS–PO. 

7 ‘‘(6) To approve or disapprove the nomination of 

8 the Director of the DTS–PO by the Executive Agent 

9 with a majority vote of the Governance Board. 

10 ‘‘(7) To recommend to the Executive Agent the 

11 replacement of the Director of the DTS–PO with a 

12 majority vote of the Governance Board. 

13 ‘‘(f) NATIONAL SECURITY INTERESTS.—The Govern14 ance Board shall ensure that those enhancements of, and 

15 the provision of service for, telecommunication capabilities 

16 that involve the national security interests of the United 

17 States receive the highest prioritization. 

18 ‘‘SEC. 323. FUNDING OF THE DIPLOMATIC TELECOMMUNI19 CATIONS SERVICE. 

20 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated such sums as may be nec22 essary for the operations, maintenance, development, en23 hancement, modernization, and investment costs of the DTS 

24 Network and the DTS–PO. Funds appropriated for alloca-
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1 tion to the DTS–PO shall remain available to the DTS– 

2 PO for a period of two fiscal years. 

3 ‘‘(b) FEES.—The DTS–PO shall charge a department 

4 or agency that uses the DTS Network for only those band5 width costs attributable to such department or agency and 

6 for specific projects carried out at the request of such de7 partment or agency, pursuant to the pricing methodology 

8 for such bandwidth costs and such projects approved under 

9 section 322(e)(1), for which amounts have not been appro10 priated for allocation to the DTS–PO. The DTS–PO is au11 thorized to directly receive payments from departments or 

12 agencies that use the DTS Network and to invoice such de13 partments or agencies for the fees under this section either 

14 in advance of, or upon or after, providing the bandwidth 

15 or performing such projects. Such funds received from such 

16 departments or agencies shall remain available to the DTS– 

17 PO for a period of two fiscal years. 

18 ‘‘SEC. 324. DEFINITIONS. 

19 ‘‘In this subtitle: 

20 ‘‘(1) DTS NETWORK.—The term ‘DTS Network’ 

21 means the worldwide telecommunications network 

22 supporting all United States Government agencies 

23 and departments operating from diplomatic and con24 sular facilities outside of the United States. 
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1 ‘‘(2) DTS–PO.—The term ‘DTS–PO’ means the 

2 Diplomatic Telecommunications Service Program Of3 fice. 

4 ‘‘(3) GOVERNANCE BOARD.—The term ‘Govern5 ance Board’ means the Diplomatic Telecommuni6 cations Service Governance Board established under 

7 section 322(a)(1).’’. 

8 (2) TABLE OF CONTENTS AMENDMENT.—The 

9 table of contents in section 1(b) of the Intelligence Au10 thorization Act for Fiscal Year 2001 (Public Law 

11 106–567; 114 Stat. 2831) is amended by striking the 

12 items relating to sections 321, 322, 323, and 324 and 

13 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.’’. 

14 (b) CONFORMING AMENDMENTS.— 

15 (1) REPEAL OF SUSPENSION OF REORGANIZA16 TION.— 

17 (A) REPEAL.—The Intelligence Authoriza18 tion Act for Fiscal Year 2002 (Public Law 107– 

19 108; 22 U.S.C. 7301 note) is amended by strik20 ing section 311. 

21 (B) TABLE OF CONTENTS AMENDMENT.— 

22 The table of contents in section 1 of such Act is 
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1 amended by striking the item relating to section 

2 311. 

3 (2) REPEAL OF REFORM.— 

4 (A) REPEAL.—The Admiral James W. 

5 Nance and Meg Donovan Foreign Relations Au6 thorization Act, Fiscal Years 2000 and 2001 (as 

7 enacted into law by section 1000(a)(7) of Public 

8 Law 106–113 and contained in appendix G of 

9 that Act; 113 Stat. 1501A–405) is amended by 

10 striking section 305. 

11 (B) TABLE OF CONTENTS AMENDMENT.— 

12 The table of contents in section 2(b) of such Act 

13 is amended by striking the item related to sec14 tion 305. 

15 (3) REPEAL OF REPORTING REQUIREMENTS.— 

16 Section 507(b) of the National Security Act of 1947 

17 (50 U.S.C. 415b(b)), as amended by section 351 of 

18 this Act, is further amended— 

19 (A) by striking paragraph (3); and 

20 (B) by redesignating paragraphs (4) and 

21 (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 Com11 mission 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 the 

15 National Security Act of 1947 (50 U.S.C. 401a). 

16 (3) INFORMATION.—The term ‘‘information’’ in17 cludes information of relevance to the foreign policy 

18 of the United States collected and conveyed through 

19 diplomatic reporting and other reporting by personnel 

20 of the United States Government who are not em21 ployed by an element of the intelligence community, 

22 including public and open-source information. 
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1 SEC. 603. ESTABLISHMENT AND FUNCTIONS OF THE COM2 MISSION. 

3 (a) ESTABLISHMENT.—There is established in the leg4 islative 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, interagency 

8 level and provide recommendations accordingly, and not to 

9 seek to duplicate the functions of the Director of National 

10 Intelligence. 

11 (c) FUNCTIONS.—The Commission shall— 

12 (1) evaluate the current processes or systems for 

13 the strategic integration of the intelligence commu14 nity, including the Open Source Center, and other 

15 elements of the United States Government, including 

16 the Department of State, with regard to the collection, 

17 reporting, and analysis of foreign intelligence and in18 formation; 

19 (2) provide recommendations to improve or de20 velop such processes or systems to integrate the intel21 ligence community with other elements of the United 

22 States Government, potentially including the develop23 ment of an interagency strategy that identifies— 

24 (A) the collection, reporting, and analysis 

25 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 missions, 

4 comparative institutional advantages, and any 

5 other relevant factors; and 

6 (C) interagency budget and resource alloca7 tions necessary to achieve such collection, report8 ing, 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 an15 ticipate future threats, challenges, and crises, includ16 ing by identifying and supporting collection, report17 ing, 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 identified 

23 in the interagency strategy, including the 

24 prepositioning of collection and reporting capabilities; 
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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 are 

5 not elements of the intelligence community deployed 

6 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 establishment 

11 of new embassies and out-of-embassy posts are able to 

12 contribute to expanded global coverage and increased 

13 collection and reporting and provide recommenda14 tions related to the establishment of new embassies 

15 and out-of-embassy posts; 

16 (9) provide recommendations on executive or leg17 islative changes necessary to establish any new execu18 tive branch entity or to expand the authorities of any 

19 existing executive branch entity, as needed to improve 

20 the strategic integration referred to in paragraph (1) 

21 and develop and oversee the implementation of any 

22 interagency strategy; 

23 (10) provide recommendations on processes for 

24 developing and presenting to Congress budget requests 

25 for each relevant element of the United States Govern-
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1 ment that reflect the allocations identified in the 

2 interagency strategy and for congressional oversight of 

3 the development and implementation of the strategy; 

4 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 Gov8 ernment outside the intelligence community, as well 

9 as any budgetary, legislative, or other changes needed 

10 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 Speaker 

20 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 Commis5 sion 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 open17 source information; 

18 (II) in issues related to the na19 tional security and foreign policy of 

20 the United States gained by serving as 

21 a senior official of the Department of 

22 State, a member of the Foreign Service, 

23 an employee or officer of an appro24 priate department or agency of the 

25 United States, or an independent orga-
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1 nization with expertise in the field of 

2 international affairs; or 

3 (III) with foreign policy decision4 making. 

5 (B) DIVERSITY OF EXPERIENCE.—The indi6 viduals appointed to the Commission should be 

7 selected with a view to establishing diversity of 

8 experience with regard to various geographic re9 gions, functions, and issues. 

10 (3) CONSULTATION.—The Speaker and the mi11 nority leader of the House of Representatives, the ma12 jority leader and the minority leader of the Senate, 

13 the Director of National Intelligence, and the Sec14 retary of State shall consult among themselves prior 

15 to the appointment of the members of the Commission 

16 in order to achieve, to the maximum extent possible, 

17 fair and equitable representation of various points of 

18 view with respect to the matters to be considered by 

19 the Commission in accordance with this title. 

20 (4) TIME OF APPOINTMENT.—The appointments 

21 under subsection (a) shall be made— 

22 (A) after the date on which funds are first 

23 appropriated for the Commission pursuant to 

24 section 609; and 

25 (B) not later than 60 days after such date. 
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1 (5) TERM OF APPOINTMENT.—Members shall be 

2 appointed for the life of the Commission. 

3 (6) VACANCIES.—Any vacancy of the Commis4 sion shall not affect the powers of the Commission 

5 and shall be filled in the manner in which the origi6 nal appointment was made. 

7 (7) CHAIR.—The voting members of the Commis8 sion shall designate one of the voting members to serve 

9 as the chair of the Commission. 

10 (8) QUORUM.—Five voting members of the Com11 mission shall constitute a quorum for purposes of 

12 transacting the business of the Commission. 

13 (9) MEETINGS.—The Commission shall meet at 

14 the call of the chair and shall meet regularly, not less 

15 than once every 3 months, during the life of the Com16 mission. 

17 (b) STAFF.— 

18 (1) IN GENERAL.—The chair of the Commission 

19 may, without regard to the provisions of title 5, 

20 United States Code, governing appointments in the 

21 competitive service and chapter 51 and subchapter III 

22 of chapter 53 of that title relating to classification of 

23 positions and General Schedule pay rates, appoint 

24 and terminate an executive director and, in consulta25 tion with the executive director, appoint and termi-
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1 nate such other additional personnel as may be nec2 essary to enable the Commission to perform its duties. 

3 In addition to the executive director and one full-time 

4 support staff for the executive director, there shall be 

5 additional staff with relevant intelligence and foreign 

6 policy experience to support the work of the Commis7 sion. 

8 (2) SELECTION OF THE EXECUTIVE DIRECTOR.— 

9 The executive director shall be selected with the ap10 proval of a majority of the voting members of the 

11 Commission. 

12 (3) COMPENSATION.— 

13 (A) EXECUTIVE DIRECTOR.—The executive 

14 director shall be compensated at the maximum 

15 annual rate payable for an employee of a stand16 ing committee of the Senate under section 105(e) 

17 of the Legislative Branch Appropriations Act, 

18 1968 (2 U.S.C. 61–1(e)), as adjusted by any 

19 order of the President pro tempore of the Senate. 

20 (B) STAFF.—The chair of the Commission 

21 may fix the compensation of other personnel of 

22 the Commission without regard to chapter 51 

23 and subchapter III of chapter 53 of title 5, 

24 United States Code, relating to classification of 

25 positions and General Schedule pay rates, except 
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1 that the rate of pay for such personnel may not 

2 exceed the maximum annual rate payable for an 

3 employee of a standing committee of the Senate 

4 under section 105(e) of the Legislative Branch 

5 Appropriations Act, 1968 (2 U.S.C. 61–1(e)), as 

6 adjusted by any order of the President pro tem7 pore of the Senate. 

8 (c) EXPERTS AND CONSULTANTS.—The Commission is 

9 authorized to procure temporary or intermittent services of 

10 experts and consultants as necessary to the extent author11 ized by section 3109 of title 5, United States Code, at rates 

12 for individuals not to exceed the daily equivalent of the 

13 maximum annual rate of basic pay payable under section 

14 5376 of such title. 

15 (d) STAFF AND SERVICES OF OTHER AGENCIES OR

16 DEPARTMENTS OF THE UNITED STATES.—Upon the request 

17 of the Commission, the head of a department or agency of 

18 the United States may detail, on a reimbursable or nonre19 imbursable basis, any of the personnel of that department 

20 or agency to the Commission to assist the Commission in 

21 carrying out this title. The detail of any such personnel 

22 shall be without interruption or loss of civil service or For23 eign Service status or privilege. 

24 (e) SECURITY CLEARANCE.—The appropriate depart25 ments or agencies of the United States shall cooperate with 
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1 the Commission in expeditiously providing to the members 

2 and staff of the Commission appropriate security clearances 

3 to the extent possible pursuant to existing procedures and 

4 requirements. 

5 (f) REPORTS UNDER ETHICS IN GOVERNMENT ACT OF

6 1978.—Notwithstanding any other provision of law, for 

7 purposes of title I of the Ethics in Government Act of 1978 

8 (5 U.S.C. App.), each member and staff of the Commis9 sion— 

10 (1) shall be deemed to be an officer or employee 

11 of the Congress (as defined in section 109(13) of such 

12 title); and 

13 (2) shall file any report required to be filed by 

14 such member or such staff (including by virtue of the 

15 application of paragraph (1)) under title I of the 

16 Ethics in Government Act of 1978 (5 U.S.C. App.) 

17 with the Secretary of the Senate. 

18 SEC. 605. POWERS AND DUTIES OF THE COMMISSION. 

19 (a) HEARINGS AND EVIDENCE.—The Commission may 

20 hold such hearings, sit and act at such times and places, 

21 take such testimony, and receive such evidence as the Com22 mission considers advisable to carry out this title. 

23 (b) INFORMATION FROM FEDERAL AGENCIES.—The 

24 Commission may secure directly from any department or 

25 agency of the United States such information as the Com-
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1 mission considers necessary to carry out this title. Upon 

2 request of the chair of the Commission, the head of such 

3 department or agency shall furnish such information to the 

4 Commission, subject to applicable law. 

5 (c) POSTAL SERVICES.—The Commission may use the 

6 United States mails in the same manner and under the 

7 same conditions as a department or agency of the United 

8 States. 

9 (d) ADMINISTRATIVE SUPPORT.—The Administrator 

10 of the General Services Administration shall provide to the 

11 Commission on a reimbursable basis (or, in the discretion 

12 of the Administrator, on a nonreimbursable basis) such ad13 ministrative support services as the Commission may re14 quest to carry out this title. 

15 (e) ADMINISTRATIVE PROCEDURES.—The Commission 

16 may adopt such rules and regulations, relating to adminis17 trative procedure, as may be reasonably necessary to enable 

18 the Commission to carry out this title. 

19 (f) TRAVEL.— 

20 (1) IN GENERAL.—The members and staff of the 

21 Commission may, with the approval of the Commis22 sion, conduct such travel as is necessary to carry out 

23 this title. 

24 (2) EXPENSES.—Members of the Commission 

25 shall serve without pay but shall be allowed travel ex-
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1 penses, including per diem in lieu of subsistence, at 

2 rates authorized for employees of agencies under sub3 chapter I of chapter 57 of title 5, United States Code, 

4 while away from their homes or regular places of 

5 business in the performance of services for the Com6 mission. 

7 (g) GIFTS.—No member or staff of the Commission 

8 may receive a gift or benefit by reason of the service of such 

9 member or staff to the Commission. 

10 SEC. 606. REPORT OF THE COMMISSION. 

11 (a) IN GENERAL.— 

12 (1) INTERIM REPORT.—Not later than 300 days 

13 after the date on which all members of the Commis14 sion are appointed under section 604(a), the Commis15 sion shall submit to the congressional intelligence 

16 committees an interim report setting forth the pre17 liminary evaluations and recommendations of the 

18 Commission described in section 603(c). 

19 (2) FINAL REPORT.—Not later than 60 days 

20 after the date of the submission of the report required 

21 by paragraph (1), the Commission shall submit a 

22 final report setting forth the final evaluations and 

23 recommendations of the Commission described in sec24 tion 603(c) to each of the following: 

25 (A) The President. 
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1 (B) The Director of National Intelligence. 

2 (C) The Secretary of State. 

3 (D) The congressional intelligence commit4 tees. 

5 (E) The Committee on Foreign Relations of 

6 the Senate. 

7 (F) The Committee on Foreign Affairs of 

8 the House of Representatives. 

9 (b) INDIVIDUAL OR DISSENTING VIEWS.—Each mem10 ber of the Commission may include that member’s indi11 vidual or dissenting views in a report required by para12 graph (1) or (2) of subsection (a). 

13 (c) FORM OF REPORT.—The reports required by para14 graphs (1) and (2) of subsection (a), including any finding 

15 or recommendation of such report, shall be submitted in un16 classified form, but may include a classified annex. 

17 SEC. 607. TERMINATION. 

18 (a) IN GENERAL.—The Commission shall terminate on 

19 the date that is 60 days after the date of the submission 

20 of the report required by section 606(a)(2). 

21 (b) TRANSFER OF RECORDS.—Upon the termination 

22 of the Commission under subsection (a), all records, files, 

23 documents, and other materials in the possession, custody, 

24 or control of the Commission shall be transferred to the Se-
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1 lect Committee on Intelligence of the Senate and deemed 

2 to be records of such Committee. 

3 SEC. 608. NONAPPLICABILITY OF FEDERAL ADVISORY COM4 MITTEE ACT. 

5 The Federal Advisory Committee Act (5 U.S.C. App.) 

6 shall not apply to the Commission. 

7 SEC. 609. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) IN GENERAL.—There is authorized to be appro9 priated such sums as may be necessary to carry out this 

10 title. 

11 (b) AVAILABILITY.—Amounts made available to the 

12 Commission pursuant to subsection (a) shall remain avail13 able until expended. 

14 TITLE VII—OTHER MATTERS 

15 SEC. 701. EXTENSION OF NATIONAL COMMISSION FOR THE 

16 REVIEW OF THE RESEARCH AND DEVELOP17 MENT PROGRAMS OF THE UNITED STATES IN18 TELLIGENCE COMMUNITY. 

19 (a) EXTENSION.— 

20 (1) IN GENERAL.—Effective on the date on which 

21 funds are first appropriated pursuant to subsection 

22 (b)(1) and subject to paragraph (3), subsection (a) of 

23 section 1007 of the Intelligence Authorization Act for 

24 Fiscal Year 2003 (Public Law 107–306; 50 U.S.C. 

25 401 note) is amended by striking ‘‘September 1, 
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1 2004,’’ and inserting ‘‘one year after the date on 

2 which all members of the Commission are appointed 

3 pursuant to section 701(a)(3) of the Intelligence Au4 thorization Act for Fiscal Year 2010,’’. 

5 (2) APPLICABILITY OF AMENDMENT.—The 

6 amendment made by paragraph (1) shall take effect 

7 as if included in the enactment of such section 1007. 

8 (3) COMMISSION MEMBERSHIP.—The member9 ship of the National Commission for the Review of the 

10 Research and Development Programs of the United 

11 States Intelligence Community established under sub12 section (a) of section 1002 of such Act (Public Law 

13 107–306; 50 U.S.C. 401 note) (referred to in this sec14 tion as the ‘‘Commission’’) shall be considered vacant 

15 and new members shall be appointed in accordance 

16 with such section 1002, as amended by this section. 

17 (4) CLARIFICATION OF DUTIES.—Section 1002(i) 

18 of such Act is amended in the matter preceding para19 graph (1) by striking ‘‘including—’’ and inserting 

20 ‘‘including advanced research and development pro21 grams and activities. Such review shall include—’’. 

22 (b) FUNDING.— 

23 (1) IN GENERAL.—There is authorized to be ap24 propriated such sums as may be necessary to carry 

25 out this section. 
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1 (2) AVAILABILITY.—Amounts made available to 

2 the Commission pursuant to paragraph (1) shall re3 main available until expended. 

4 (3) REPEAL OF EXISTING FUNDING AUTHOR5 ITY.—Section 1010 of the Intelligence Authorization 

6 Act for Fiscal Year 2003 (Public Law 107–306; 50 

7 U.S.C. 401 note) is repealed. 

8 (c) TECHNICAL AMENDMENTS.— 

9 (1) DIRECTOR OF CENTRAL INTELLIGENCE.—The 

10 Intelligence Authorization Act for Fiscal Year 2003 

11 (Public Law 107–306) is amended by striking ‘‘Direc12 tor of Central Intelligence’’ each place it appears and 

13 inserting ‘‘Director of National Intelligence’’ in the 

14 following provisions: 

15 (A) Section 1002(h)(2). 

16 (B) Section 1003(d)(1). 

17 (C) Section 1006(a)(1). 

18 (D) Section 1006(b). 

19 (E) Section 1007(a). 

20 (F) Section 1008. 

21 (2) DEPUTY DIRECTOR OF CENTRAL INTEL22 LIGENCE FOR COMMUNITY MANAGEMENT.—Paragraph 

23 (1) of section 1002(b) of such Act is amended by strik24 ing ‘‘The Deputy Director of Central Intelligence for 
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1 Community Management.’’ and inserting ‘‘The Prin2 cipal Deputy Director of National Intelligence.’’. 

3 SEC. 702. CLASSIFICATION REVIEW OF EXECUTIVE BRANCH 

4 MATERIALS IN THE POSSESSION OF THE CON5 GRESSIONAL INTELLIGENCE COMMITTEES. 

6 The Director of National Intelligence is authorized to 

7 conduct, at the request of one of the congressional intel8 ligence committees and in accordance with procedures es9 tablished by that committee, a classification review of mate10 rials in the possession of that committee that— 

11 (1) are not less than 25 years old; and 

12 (2) were created, or provided to that committee, 

13 by an entity in the executive branch. 

14 TITLE VIII—TECHNICAL 

15 AMENDMENTS 

16 SEC. 801. TECHNICAL AMENDMENTS TO THE FOREIGN IN17 TELLIGENCE SURVEILLANCE ACT OF 1978. 

18 The Foreign Intelligence Surveillance Act of 1978 (50 

19 U.S.C. 1801 et seq.) is amended— 

20 (1) in section 101— 

21 (A) in subsection (a), by moving paragraph 

22 (7) two ems to the right; and 

23 (B) by moving subsections (b) through (p) 

24 two ems to the right; 
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1 (2) in section 103, by redesignating subsection 

2 (i) as subsection (h); 

3 (3) in section 109(a)— 

4 (A) in paragraph (1), by striking ‘‘section 

5 112.;’’ and inserting ‘‘section 112;’’; and 

6 (B) in paragraph (2), by striking the second 

7 period; 

8 (4) in section 301(1), by striking ‘‘ ‘United 

9 States’ ’’ and all that follows through ‘‘and ‘State’ ’’ 

10 and inserting ‘‘ ‘United States’, ‘person’, ‘weapon of 

11 mass destruction’, and ‘State’ ’’; 

12 (5) in section 304(b), by striking ‘‘subsection 

13 (a)(3)’’ and inserting ‘‘subsection (a)(2)’’; and 

14 (6) in section 502(a), by striking ‘‘a annual’’ 

15 and inserting ‘‘an annual’’. 

16 SEC. 802. TECHNICAL AMENDMENTS TO THE CENTRAL IN17 TELLIGENCE AGENCY ACT OF 1949. 

18 The Central Intelligence Agency Act of 1949 (50 U.S.C. 

19 403a et seq.) is amended— 

20 (1) in paragraph (1) of section 5(a), by striking 

21 ‘‘authorized under paragraphs (2) and (3) of section 

22 102(a), subsections (c)(7) and (d) of section 103, sub23 sections (a) and (g) of section 104, and section 303 

24 of the National Security Act of 1947 (50 U.S.C. 

25 403(a)(2), (3), 403–3(c)(7), (d), 403–4(a), (g), and 
234 

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1 405)’’ and inserting ‘‘authorized under section 104A 

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

3 4a).’’; and 

4 (2) in section 17(d)(3)(B)— 

5 (A) in clause (i), by striking ‘‘advise’’ and 

6 inserting ‘‘advice’’; and 

7 (B) by amending clause (ii) to read as fol8 lows: 

9 ‘‘(ii) holds or held the position in the Agen10 cy, including such a position held on an acting 

11 basis, of— 

12 ‘‘(I) Deputy Director; 

13 ‘‘(II) Associate Deputy Director; 

14 ‘‘(III) Director of the National Clan15 destine Service; 

16 ‘‘(IV) Director of Intelligence; 

17 ‘‘(V) Director of Support; or 

18 ‘‘(VI) Director of Science and Tech19 nology.’’. 

20 SEC. 803. TECHNICAL AMENDMENTS TO TITLE 10, UNITED 

21 STATES CODE. 

22 Section 528(c) of title 10, United States Code, is 

23 amended— 

24 (1) in the heading, by striking ‘‘ASSOCIATE DI25 RECTOR OF CIA FOR MILITARY AFFAIRS’’ and insert-
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1 ing ‘‘ASSOCIATE DIRECTOR OF MILITARY AFFAIRS, 

2 CIA’’; and 

3 (2) by striking ‘‘Associate Director of the Central 

4 Intelligence Agency for Military Affairs’’ and insert5 ing ‘‘Associate Director of Military Affairs, Central 

6 Intelligence Agency, or any successor position’’. 

7 SEC. 804. TECHNICAL AMENDMENTS TO THE NATIONAL SE8 CURITY ACT OF 1947. 

9 The National Security Act of 1947 (50 U.S.C. 401 et 

10 seq.) is amended— 

11 (1) in section 3(4)(L), by striking ‘‘other’’ the 

12 second place it appears; 

13 (2) in section 102A— 

14 (A) in subsection (c)(3)(A), by striking ‘‘an15 nual budgets for the Joint Military Intelligence 

16 Program and for Tactical Intelligence and Re17 lated Activities’’ and inserting ‘‘annual budget 

18 for the Military Intelligence Program or any 

19 successor program or programs’’; 

20 (B) in subsection (d)— 

21 (i) in paragraph (1)(B), by striking 

22 ‘‘Joint Military Intelligence Program’’ and 

23 inserting ‘‘Military Intelligence Program or 

24 any successor program or programs’’; 
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1 (ii) in paragraph (3) in the matter 

2 preceding subparagraph (A), by striking 

3 ‘‘subparagraph (A)’’ and inserting ‘‘para4 graph (1)(A)’’; and 

5 (iii) in paragraph (5)— 

6 (I) in subparagraph (A), by strik7 ing ‘‘or personnel’’ in the matter pre8 ceding clause (i); and 

9 (II) in subparagraph (B), by 

10 striking ‘‘or agency involved’’ in the 

11 second sentence and inserting ‘‘in12 volved or the Director of the Central 

13 Intelligence Agency (in the case of the 

14 Central Intelligence Agency)’’; 

15 (C) in subsection (l)(2)(B), by striking ‘‘sec16 tion’’ and inserting ‘‘paragraph’’; and 

17 (D) in subsection (n), by inserting ‘‘AND

18 OTHER’’ after ‘‘ACQUISITION’’; 

19 (3) in section 103(b), by striking ‘‘, the National 

20 Security Act of 1947 (50 U.S.C. 401 et seq.),’’; 

21 (4) in section 104A(g)(1) in the matter preceding 

22 subparagraph (A), by striking ‘‘Directorate of Oper23 ations’’ and inserting ‘‘National Clandestine Service’’; 
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1 (5) in section 119(c)(2)(B) (50 U.S.C. 

2 404o(c)(2)(B)), by striking ‘‘subsection (h)’’ and in3 serting ‘‘subsection (i)’’; 

4 (6) in section 701(b)(1), by striking ‘‘Directorate 

5 of Operations’’ and inserting ‘‘National Clandestine 

6 Service’’; 

7 (7) in section 705(e)(2)(D)(i) (50 U.S.C. 

8 432c(e)(2)(D)(i)), by striking ‘‘responsible’’ and in9 serting ‘‘responsive’’; and 

10 (8) in section 1003(h)(2) in the matter preceding 

11 subparagraph (A), by striking ‘‘subsection (i)(2)(B)’’ 

12 and inserting ‘‘subsection (g)(2)(B)’’. 

13 SEC. 805. TECHNICAL AMENDMENTS RELATING TO THE 

14 MULTIYEAR NATIONAL INTELLIGENCE PRO15 GRAM. 

16 (a) IN GENERAL.—Subsection (a) of section 1403 of 

17 the National Defense Authorization Act for Fiscal Year 

18 1991 (50 U.S.C. 404b) is amended— 

19 (1) in the heading, by striking ‘‘FOREIGN’’; and 

20 (2) by striking ‘‘foreign’’ each place it appears. 

21 (b) RESPONSIBILITY OF DIRECTOR OF NATIONAL IN22 TELLIGENCE.—Such section 1403, as amended by sub23 section (a), is further amended— 
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1 (1) in subsections (a) and (c), by striking ‘‘Di2 rector of Central Intelligence’’ and inserting ‘‘Director 

3 of National Intelligence’’; and 

4 (2) in subsection (b), by inserting ‘‘of National 

5 Intelligence’’ after ‘‘Director’’. 

6 (c) FUTURE-YEARS DEFENSE PROGRAM.—Subsection 

7 (c) of such section 1403, as amended by subsection (b), is 

8 further amended by striking ‘‘multiyear defense program 

9 submitted pursuant to section 114a of title 10, United 

10 States Code’’ and inserting ‘‘future-years defense program 

11 submitted pursuant to section 221 of title 10, United States 

12 Code’’. 

13 (d) CONFORMING AMENDMENTS.— 

14 (1) IN GENERAL.—The heading of such section 

15 1403 is amended to read as follows: 

16 ‘‘SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PRO17 GRAM.’’. 

18 (2) TABLE OF CONTENTS AMENDMENT.—The 

19 table of contents in section 2 of the National Defense 

20 Authorization Act for Fiscal Year 1991 (Public Law 

21 101–510; 104 Stat. 1485) is amended by striking the 

22 item relating to section 1403 and inserting the fol23 lowing new item: 

‘‘Sec. 1403. Multiyear National Intelligence Program.’’. 
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1 SEC. 806. TECHNICAL AMENDMENTS TO THE INTELLIGENCE 

2 REFORM AND TERRORISM PREVENTION ACT 

3 OF 2004. 

4 (a) AMENDMENTS TO THE NATIONAL SECURITY INTEL5 LIGENCE REFORM ACT OF 2004.—The National Security 

6 Intelligence Reform Act of 2004 (title I of Public Law 108– 

7 458; 118 Stat. 3643) is amended— 

8 (1) in subparagraph (B) of section 1016(e)(10) 

9 (6 U.S.C. 485(e)(10)), by striking ‘‘Attorney General’’ 

10 the second place it appears and inserting ‘‘Depart11 ment of Justice’’; 

12 (2) in subsection (e) of section 1071, by striking 

13 ‘‘(1)’’; and 

14 (3) in subsection (b) of section 1072, in the sub15 section heading by inserting ‘‘AGENCY’’ after ‘‘INTEL16 LIGENCE’’. 

17 (b) OTHER AMENDMENTS TO THE INTELLIGENCE RE18 FORM AND TERRORISM PREVENTION ACT OF 2004.—The 

19 Intelligence Reform and Terrorism Prevention Act of 2004 

20 (Public Law 108–458; 118 Stat. 3638) is amended— 

21 (1) in section 2001 (28 U.S.C. 532 note)— 

22 (A) in paragraph (1) of subsection (c)— 

23 (i) by striking ‘‘shall,’’ and inserting 

24 ‘‘shall’’; and 

25 (ii) by inserting ‘‘of’’ before ‘‘an insti26 tutional culture’’; 
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1 (B) in paragraph (2) of subsection (e), by 

2 striking ‘‘the National Intelligence Director in a 

3 manner consistent with section 112(e)’’ and in4 serting ‘‘the Director of National Intelligence in 

5 a manner consistent with applicable law’’; and 

6 (C) in subsection (f), by striking ‘‘shall,’’ in 

7 the matter preceding paragraph (1) and insert8 ing ‘‘shall’’; and 

9 (2) in section 2006 (28 U.S.C. 509 note)— 

10 (A) in paragraph (2), by striking ‘‘the Fed11 eral’’ and inserting ‘‘Federal’’; and 

12 (B) in paragraph (3), by striking ‘‘the spe13 cific’’ and inserting ‘‘specific’’. 

14 SEC. 807. TECHNICAL AMENDMENTS TO THE EXECUTIVE 

15 SCHEDULE. 

16 (a) EXECUTIVE SCHEDULE LEVEL II.—Section 5313 

17 of title 5, United States Code, is amended by striking the 

18 item relating to the Director of Central Intelligence and in19 serting the following new item: 

20 ‘‘Director of the Central Intelligence Agency.’’. 

21 (b) EXECUTIVE SCHEDULE LEVEL IV.—Section 5315 

22 of title 5, United States Code, is amended by striking the 

23 item relating to the General Counsel of the Office of the 

24 National Intelligence Director and inserting the following 

25 new item: 
241 

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1 ‘‘General Counsel of the Office of the Director of Na2 tional Intelligence.’’. 

3 SEC. 808. TECHNICAL AMENDMENTS TO SECTION 105 OF 

4 THE INTELLIGENCE AUTHORIZATION ACT 

5 FOR FISCAL YEAR 2004. 

6 Section 105(b) of the Intelligence Authorization Act for 

7 Fiscal Year 2004 (Public Law 108–177; 117 Stat. 2603; 

8 31 U.S.C. 311 note) is amended— 

9 (1) by striking ‘‘Director of Central Intelligence’’ 

10 and inserting ‘‘Director of National Intelligence’’; and 

11 (2) by inserting ‘‘or in section 313 of such title,’’ 

12 after ‘‘subsection (a)),’’. 

13 SEC. 809. TECHNICAL AMENDMENTS TO SECTION 602 OF 

14 THE INTELLIGENCE AUTHORIZATION ACT 

15 FOR FISCAL YEAR 1995. 

16 Section 602 of the Intelligence Authorization Act for 

17 Fiscal Year 1995 (50 U.S.C. 403–2b) is amended— 

18 (1) in subsection (a), in paragraph (2), by strik19 ing ‘‘Director of Central Intelligence’’ and inserting 

20 ‘‘Director of National Intelligence’’; and 

21 (2) in subsection (b)— 

22 (A) in paragraph (1), by striking ‘‘Director 

23 of Central Intelligence’’ and inserting ‘‘Director 

24 of National Intelligence’’; 

25 (B) in paragraph (2)— 
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1 (i) in subparagraph (A), by striking 

2 ‘‘Director of Central Intelligence’’ and in3 serting ‘‘Director of National Intelligence’’; 

4 and 

5 (ii) in subparagraph (B), by striking 

6 ‘‘Director of Central Intelligence’’ and in7 serting ‘‘Director of National Intelligence’’; 

8 and 

9 (C) in paragraph (3), by striking ‘‘Director 

10 of Central Intelligence’’ and inserting ‘‘Director 

11 of the Central Intelligence Agency’’. 

12 SEC. 810. TECHNICAL AMENDMENTS TO SECTION 403 OF 

13 THE INTELLIGENCE AUTHORIZATION ACT, 

14 FISCAL YEAR 1992. 

15 (a) ROLE OF THE DIRECTOR OF NATIONAL INTEL16 LIGENCE.—Section 403 of the Intelligence Authorization 

17 Act, Fiscal Year 1992 (50 U.S.C. 403–2) is amended by 

18 striking ‘‘The Director of Central Intelligence’’ and insert19 ing the following: 

20 ‘‘(a) IN GENERAL.—The Director of National Intel21 ligence’’. 

22 (b) DEFINITION OF INTELLIGENCE COMMUNITY.—Sec23 tion 403 of the Intelligence Authorization Act, Fiscal Year 

24 1992, as amended by subsection (a), is further amended— 
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1 (1) by striking ‘‘Intelligence Community’’ and 

2 inserting ‘‘intelligence community’’; and 

3 (2) by striking the second sentence and inserting 

4 the following: 

5 ‘‘(b) INTELLIGENCE COMMUNITY DEFINED.—In this 

6 section, the term ‘intelligence community’ has the meaning 

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

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

Attest: 

Secretary. 
111TH CONGRESS 

2D SESSION H.R. 2701 

AMENDMENT