IB 

Union Calendar No. 99 

111TH CONGRESS 

1ST SESSION H. R. 2701 

[Report No. 111–186] 

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

IN THE HOUSE OF REPRESENTATIVES 

JUNE 4, 2009 

Mr. REYES introduced the following bill; which was referred to the Select 

Committee on Intelligence (Permanent Select) 

JUNE 26, 2009 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 4, 2009] 


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A BILL 

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

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

and Disability System, and for other purposes. 


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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘In5 telligence Authorization Act for Fiscal Year 2010’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—BUDGET AND PERSONNEL AUTHORIZATIONS 

Sec. 101. Authorization of appropriations. 

Sec. 102. Classified Schedule of Authorizations. 

Sec. 103. Personnel ceiling adjustments. 

Sec. 104. Intelligence Community Management Account. 

Sec. 105. Prohibition on earmarks. 

Sec. 106. Restriction on conduct of intelligence activities. 

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 

DISABILITY SYSTEM 

Sec. 201. Authorization of appropriations. 

TITLE III—GENERAL INTELLIGENCE COMMUNITY MATTERS 

Subtitle A—Personnel Matters 

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

Sec. 302. Temporary appointment to fill vacancies in Presidentially appointed 

and Senate confirmed positions in the Office of the Director of 

National Intelligence. 

Sec. 303. Enhanced flexibility in nonreimbursable details to elements of the intelligence community. 

Sec. 304. Provisions relating to the Defense Civilian Intelligence Personnel System. 

Subtitle B—Education 

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

Sec. 312. Intelligence officer training program. 

Sec. 313. Modifications to the Stokes educational scholarship program. 

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

Subtitle C—Congressional Oversight of Covert Actions 

Sec. 321. Reporting on covert actions. 


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Subtitle D—Reports and Other Congressional Oversight 

Sec. 331. Report on financial intelligence on terrorist assets. 

Sec. 332. Annual personnel level assessments for the intelligence community. 

Sec. 333. Semiannual reports on nuclear weapons programs of Iran, Syria, and 

North Korea. 

Sec. 334. Annual report on foreign language proficiency in the intelligence community. 

Sec. 335. Government Accountability Office audits and investigations. 

Sec. 336. Certification of compliance with oversight requirements. 

Sec. 337. Reports on foreign industrial espionage. 

Sec. 338. Report on intelligence community contractors. 

Sec. 339. Report on transformation of the intelligence capabilities of the Federal 

Bureau of Investigation. 

Sec. 340. Report on intelligence resources dedicated to Iraq and Afghanistan. 

Sec. 341. Report on international traffic in arms regulations. 

Sec. 342. Report on nuclear trafficking. 

Sec. 343. Study on revoking pensions of persons who commit unauthorized disclosures of classified information. 

Sec. 344. Study on electronic waste destruction practices of the intelligence community. 

Sec. 345. Report on retirement benefits for former employees of Air America. 

Sec. 346. Study on college tuition programs for employees of the intelligence community. 

Sec. 347. National Intelligence Estimate on global supply chain vulnerabilities. 

Sec. 348. Review of records relating to potential health risks among Desert Storm 

veterans. 

Sec. 349. Review of pensions of employees affected by ‘‘five and out’’ program of 

the Federal Bureau of Investigation. 

Sec. 350. Summary of intelligence relating to terrorist recidivism of detainees 

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

Sec. 351. Summary of intelligence on Uighur detainees held at United States 

Naval Station, Guantanamo Bay, Cuba. 

Sec. 352. Report on interrogation research and training. 

Sec. 353. Report on plans to increase diversity within the intelligence community. 

Sec. 354. Review of Federal Bureau of Investigation exercise of enforcement jurisdiction in foreign nations. 

Sec. 355. Repeal of certain reporting requirements. 

Sec. 356. Incorporation of reporting requirements. 

Sec. 357. Conforming amendments. 

Subtitle E—Other Matters 

Sec. 361. Modification of availability of funds for different intelligence activities. 

Sec. 362. Protection of certain national security information. 

Sec. 363. Extension of authority to delete information about receipt and disposition of foreign gifts and decorations. 

Sec. 364. Exemption of dissemination of terrorist identity information from Freedom of Information Act. 

Sec. 365. Misuse of the intelligence community and Office of the Director of National Intelligence name, initials, or seal. 

Sec. 366. Security clearances: reports; ombudsman; reciprocity. 

Sec. 367. Limitation on use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 368. Intelligence community financial improvement and audit readiness. 


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TITLE IV—MATTERS RELATING TO ELEMENTS OF THE 

INTELLIGENCE COMMUNITY 

Subtitle A—Office of the Director of National Intelligence 

Sec. 401. Clarification of limitation on colocation of the Office of the Director of 

National Intelligence. 

Sec. 402. Membership of the Director of National Intelligence on the Transportation Security Oversight Board. 

Sec. 403. Additional duties of the Director of Science and Technology. 

Sec. 404. Plan to implement recommendations of the data center energy efficiency 

reports. 

Sec. 405. Title of Chief Information Officer of the Intelligence Community. 

Sec. 406. Inspector General of the Intelligence Community. 

Subtitle B—Central Intelligence Agency 

Sec. 411. Review of covert action programs by Inspector General of the Central 

Intelligence Agency. 

Sec. 412. Prohibition on the use of private contractors for interrogations involving persons in the custody of the Central Intelligence Agency. 

Sec. 413. Appeals from decisions of Central Intelligence Agency contracting officers. 

Sec. 414. Deputy Director of the Central Intelligence Agency. 

Sec. 415. Protection against reprisals. 

Sec. 416. Requirement for video recording of interrogations of persons in the custody of the Central Intelligence Agency. 

Subtitle C—Other Elements 

Sec. 421. Homeland Security intelligence elements. 

Sec. 422. Clarification of inclusion of Drug Enforcement Administration as an 

element of the intelligence community. 

Sec. 423. Repeal of certain authorities relating to the Office of the National Counterintelligence Executive. 

Sec. 424. Confirmation of appointment of heads of certain components of the intelligence community. 

Sec. 425. Associate Director of the National Security Agency for Compliance and 

Training. 

Sec. 426. General Counsel of the National Security Agency. 

Sec. 427. Inspector General of the National Security Agency. 

Sec. 428. Charter for the National Reconnaissance Office. 

TITLE V—OTHER MATTERS 

Subtitle A—General Intelligence Matters 

Sec. 501. Extension of National Commission for the Review of the Research and 

Development Programs of the United States Intelligence Community. 

Sec. 502. Expansion and clarification of the duties of the program manager for 

the information sharing environment. 

Sec. 503. Classification review of executive branch materials in the possession of 

the congressional intelligence committees. 

Sec. 504. Prohibition on use of funds to provide Miranda warnings to certain 

persons outside of the United States. 


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Subtitle B—Technical Amendments 

Sec. 511. Technical amendments to the Central Intelligence Agency Act of 1949. 

Sec. 512. Technical amendment to mandatory retirement provision of Central Intelligence Agency Retirement Act. 

Sec. 513. Technical amendments to the Executive Schedule. 

Sec. 514. Technical amendments to the Foreign Intelligence Surveillance Act of 

1978. 

Sec. 515. Technical amendments to section 105 of the Intelligence Authorization 

Act for Fiscal Year 2004. 

Sec. 516. Technical amendments to the Intelligence Reform and Terrorism Prevention Act of 2004. 

Sec. 517. Technical amendments relating to the multiyear National Intelligence 

Program. 

Sec. 518. Technical amendments to the National Security Act of 1947. 

Sec. 519. Technical amendments to title 10, United States Code. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CONGRESSIONAL INTELLIGENCE COMMIT4 TEES.—The term ‘‘congressional intelligence commit5 tees’’ means— 

6 (A) the Permanent Select Committee on In7 telligence of the House of Representatives; and 

8 (B) the Select Committee on Intelligence of 

9 the Senate. 

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 Funds are hereby authorized to be appropriated for fis5 cal year 2010 for the conduct of the intelligence and intel6 ligence-related activities of the following elements of the 

7 United States Government: 

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

10 (2) The Central Intelligence Agency. 

11 (3) The Department of Defense. 

12 (4) The Defense Intelligence Agency. 

13 (5) The National Security Agency. 

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

16 Force. 

17 (7) The Coast Guard. 

18 (8) The Department of State. 

19 (9) The Department of the Treasury. 

20 (10) The Department of Energy. 

21 (11) The Department of Justice. 

22 (12) The Federal Bureau of Investigation. 

23 (13) The Drug Enforcement Administration. 

24 (14) The National Reconnaissance Office. 


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

3 (16) The Department of Homeland Security. 

4 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

5 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

6 LEVELS.—The amounts authorized to be appropriated 

7 under section 101 and, subject to section 103, the authorized 

8 personnel ceilings as of September 30, 2010, for the conduct 

9 of the intelligence activities of the elements listed in para10 graphs (1) through (16) of section 101, are those specified 

11 in the classified Schedule of Authorizations prepared to ac12 company the bill H.R. 2701 of the One Hundred Eleventh 

13 Congress. 

14 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU15 THORIZATIONS.—The classified Schedule of Authorizations 

16 referred to in subsection (a) shall be made available to the 

17 Committee on Appropriations of the Senate, the Committee 

18 on Appropriations of the House of Representatives, and to 

19 the President. The President shall provide for suitable dis20 tribution of the Schedule, or of appropriate portions of the 

21 Schedule, within the executive branch. 

22 SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 

23 (a) AUTHORITY FOR INCREASES.—With the approval 

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

25 the Director of National Intelligence may authorize employVerDate Nov 24 2008 23:33 Jun 29, 2009 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H2701.RH H2701

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1 ment of civilian personnel in excess of the number author2 ized for fiscal year 2010 by the classified Schedule of Au3 thorizations referred to in section 102(a) if the Director of 

4 National Intelligence determines that such action is nec5 essary to the performance of important intelligence func6 tions, except that the number of personnel employed in ex7 cess of the number authorized under such section may not, 

8 for any element of the intelligence community, exceed 3 per9 cent of the number of civilian personnel authorized under 

10 such Schedule for such element. 

11 (b) NOTICE TO CONGRESSIONAL INTELLIGENCE COM12 MITTEES.—The Director of National Intelligence shall no13 tify the congressional intelligence committees in writing at 

14 least 15 days prior to each exercise of an authority de15 scribed in subsection (a). 

16 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC17 COUNT. 

18 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated for the Intelligence Commu20 nity Management Account of the Director of National Intel21 ligence for fiscal year 2010 the sum of $672,812,000. Within 

22 such amount, funds identified in the classified Schedule of 

23 Authorizations referred to in section 102(a) for advanced 

24 research and development shall remain available until Sep25 tember 30, 2011. 


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1 (b) AUTHORIZED PERSONNEL LEVELS.—The elements 

2 within the Intelligence Community Management Account of 

3 the Director of National Intelligence are authorized 853 

4 full-time or full-time equivalent personnel as of September 

5 30, 2010. Personnel serving in such elements may be perma6 nent employees of the Office of the Director of National In7 telligence or personnel detailed from other elements of the 

8 United States Government. 

9 (c) CONSTRUCTION OF AUTHORITIES.—The authorities 

10 available to the Director of National Intelligence under sec11 tion 103 are also available to the Director for the adjust12 ment of personnel levels within the Intelligence Community 

13 Management Account. 

14 (d) CLASSIFIED AUTHORIZATIONS.— 

15 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

16 addition to amounts authorized to be appropriated 

17 for the Intelligence Community Management Account 

18 by subsection (a), there are authorized to be appro19 priated for the Community Management Account for 

20 fiscal year 2010 such additional amounts as are spec21 ified in the classified Schedule of Authorizations re22 ferred to in section 102(a). Such additional amounts 

23 for advanced research and development shall remain 

24 available until September 30, 2011. 


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1 (2) AUTHORIZATION OF PERSONNEL.—In addi2 tion to the personnel authorized by subsection (b) for 

3 elements of the Intelligence Community Management 

4 Account as of September 30, 2010, there are author5 ized such additional personnel for the Community 

6 Management Account as of that date as are specified 

7 in the classified Schedule of Authorizations referred to 

8 in section 102(a). 

9 SEC. 105. PROHIBITION ON EARMARKS. 

10 (a) IN GENERAL.—Nothing in the classified Schedule 

11 of Authorizations, a report of the Permanent Select Com12 mittee on Intelligence of the House of Representatives or 

13 the Select Committee on Intelligence of the Senate to accom14 pany the bill H.R. 2701 of the One Hundred Eleventh Con15 gress, a joint statement of the managers accompanying a 

16 conference report on such bill, or the classified annex to this 

17 Act, shall be construed to authorize or require the expendi18 ture of funds for a congressional earmark. 

19 (b) CONGRESSIONAL EARMARK DEFINED.—In this sec20 tion, the term ‘‘congressional earmark’’ means a provision 

21 or report language included primarily at the request of a 

22 Member, Delegate, or Resident Commissioner of the House 

23 of Representatives or a Senator providing, authorizing, or 

24 recommending a specific amount of discretionary budget 

25 authority, credit authority, or other spending authority for 


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1 a contract, loan, loan guarantee, grant, loan authority, or 

2 other expenditure with or to an entity, or targeted to a spe3 cific State, locality, or congressional district, other than 

4 through a statutory or administrative formula-driven or 

5 competitive award process. 

6 SEC. 106. RESTRICTION ON CONDUCT OF INTELLIGENCE 

7 ACTIVITIES. 

8 The authorization of appropriations by this Act shall 

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

10 intelligence activity which is not otherwise authorized by 

11 the Constitution or the laws of the United States. 

12 TITLE II—CENTRAL INTEL13 LIGENCE AGENCY RETIRE14 MENT AND DISABILITY SYS15 TEM 

16 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

17 There is authorized to be appropriated for the Central 

18 Intelligence Agency Retirement and Disability Fund for fis19 cal year 2010 the sum of $290,900,000. 


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1 TITLE III—GENERAL INTEL2 LIGENCE COMMUNITY MAT3 TERS 

4 Subtitle A—Personnel Matters 

5 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND 

6 BENEFITS AUTHORIZED BY LAW. 

7 Appropriations authorized by this Act for salary, pay, 

8 retirement, and other benefits for Federal employees may 

9 be increased by such additional or supplemental amounts 

10 as may be necessary for increases in such compensation or 

11 benefits authorized by law. 

12 SEC. 302. TEMPORARY APPOINTMENT TO FILL VACANCIES 

13 IN PRESIDENTIALLY APPOINTED AND SEN14 ATE CONFIRMED POSITIONS IN THE OFFICE 

15 OF THE DIRECTOR OF NATIONAL INTEL16 LIGENCE. 

17 Section 103 of the National Security Act of 1947 (50 

18 U.S.C. 403–3) is amended by— 

19 (1) redesignating subsection (e) as subsection (f); 

20 and 

21 (2) inserting after subsection (d) the following 

22 new subsection: 

23 ‘‘(e) TEMPORARY APPOINTMENT TO FILL VACAN24 CIES.—Notwithstanding section 3345 of title 5, United 

25 States Code, if an officer of the Office of the Director of 


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1 National Intelligence, other than the Director of National 

2 Intelligence, whose appointment to office is required to be 

3 made by the President, by and with the advice and consent 

4 of the Senate, dies, resigns, or is unable to perform the func5 tions and duties of the office— 

6 ‘‘(1) if during the 365-day period immediately 

7 preceding the date of death, resignation, or beginning 

8 of inability to serve of the applicable officer, the per9 son serving as the first assistant to the office of such 

10 officer served as such first assistant for not less than 

11 90 days, such first assistant shall perform the func12 tions and duties of the office temporarily in an acting 

13 capacity subject to the time limitations of section 

14 3346 of title 5, United States Code; 

15 ‘‘(2) notwithstanding paragraph (1), the Presi16 dent may direct a person who serves in an office for 

17 which appointment is required to be made by the 

18 President, by and with the advice and consent of the 

19 Senate, to perform the functions and duties of the va20 cant office temporarily in an acting capacity subject 

21 to the time limitations of such section 3346; or 

22 ‘‘(3) notwithstanding paragraph (1), the Direc23 tor of National Intelligence shall recommend to the 

24 President, and the President may direct, a person to 

25 perform the functions and duties of the vacant office 


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1 temporarily in an acting capacity subject to the time 

2 limitations of such section 3346, if— 

3 ‘‘(A) during the 365-day period preceding 

4 the date of death, resignation, or beginning of in5 ability to serve of the applicable officer, such per6 son served in a position in an element of the in7 telligence community for not less than 90 days; 

8 ‘‘(B) the rate of pay for the position de9 scribed under subparagraph (A) is equal to or 

10 greater than the minimum rate of pay payable 

11 for a position at GS–15 of the General Schedule; 

12 and 

13 ‘‘(C) in the case of a person who is em14 ployed by an element of the intelligence commu15 nity— 

16 ‘‘(i) the Director of National Intel17 ligence shall consult with the head of such 

18 element; and 

19 ‘‘(ii) if the head of such element objects 

20 to the recommendation, the Director of Na21 tional Intelligence may make the rec22 ommendation to the President over the ob23 jection of the head of such element after in24 forming the President of such objection.’’. 


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1 SEC. 303. 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 an element of the intelligence community 

14 funded through the Community Management Account from 

15 another element of the United States Government on a re16 imbursable or nonreimbursable basis, as jointly agreed to 

17 by the Director of National Intelligence and the head of the 

18 detailing element, for a period not to exceed two years.’’. 

19 (b) CONFORMING AMENDMENT.—The table of contents 

20 in the first section of such Act (50 U.S.C. 401 note) is 

21 amended by inserting after the item relating to section 113 

22 the following new item: 

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

23 SEC. 304. PROVISIONS RELATING TO THE DEFENSE CIVIL24 IAN INTELLIGENCE PERSONNEL SYSTEM. 

25 (a) DEFINITIONS.—For purposes of this section— 


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1 (1) the term ‘‘covered position’’ means a defense 

2 intelligence position in the Department of Defense es3 tablished under chapter 83 of title 10, United States 

4 Code, excluding an Intelligence Senior Level position 

5 designated under section 1607 of such title and any 

6 position in the Defense Intelligence Senior Executive 

7 Service; 

8 (2) the term ‘‘DCIPS pay system’’, as used with 

9 respect to a covered position, means the provisions of 

10 the Defense Civilian Intelligence Personnel System 

11 under which the rate of salary or basic pay for such 

12 position is determined, excluding any provisions re13 lating to bonuses, awards, or any other amounts not 

14 in the nature of salary or basic pay; 

15 (3) the term ‘‘Defense Civilian Intelligence Per16 sonnel System’’ means the personnel system estab17 lished under chapter 83 of title 10, United States 

18 Code; and 

19 (4) the term ‘‘appropriate pay system’’, as used 

20 with respect to a covered position, means— 

21 (A) the system under which, as of Sep22 tember 30, 2007, the rate of salary or basic pay 

23 for such position was determined; or 

24 (B) if subparagraph (A) does not apply, the 

25 system under which, as of September 30, 2007, 


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1 the rate of salary or basic pay was determined 

2 for the positions within the Department of De3 fense most similar to the position involved, 

4 excluding any provisions relating to bonuses, awards, 

5 or any other amounts which are not in the nature of 

6 salary or basic pay. 

7 (b) REQUIREMENT THAT APPOINTMENTS TO COVERED

8 POSITIONS AFTER JUNE 16, 2009, BE SUBJECT TO THE

9 APPROPRIATE PAY SYSTEM.—Notwithstanding any other 

10 provision of law— 

11 (1) the DCIPS pay system— 

12 (A) shall not apply to any individual hold13 ing a covered position who is not subject to such 

14 system as of June 16, 2009; and 

15 (B) shall not apply to any covered position 

16 which is not subject to such system as of June 

17 16, 2009; and 

18 (2) any individual who, after June 16, 2009, is 

19 appointed to a covered position shall accordingly be 

20 subject to the appropriate pay system. 

21 (c) TERMINATION OF DCIPS PAY SYSTEM FOR COV22 ERED POSITIONS AND CONVERSION OF EMPLOYEES HOLD23 ING COVERED POSITIONS TO THE APPROPRIATE PAY SYS24 TEM.— 


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1 (1) IN GENERAL.—The Secretary of Defense shall 

2 take all actions which may be necessary to provide, 

3 within 12 months after the date of enactment of this 

4 Act, for the termination of the DCIPS pay system 

5 with respect to covered positions and for the conver6 sion of any employees holding any covered positions 

7 which, as of such date of enactment, remain subject 

8 to the DCIPS pay system, to the appropriate pay sys9 tem. No employee shall suffer any loss of or decrease 

10 in pay because of the preceding sentence. 

11 (2) REPORT.—If the Secretary of Defense is of 

12 the view that the DCIPS pay system should not be 

13 terminated with respect to covered positions, as re14 quired by paragraph (1), the Secretary shall submit 

15 to the President and both Houses of Congress as soon 

16 as practicable, but in no event later than 6 months 

17 after the date of the enactment of this Act, a written 

18 report setting forth a statement of the Secretary’s 

19 views and the reasons therefor. Such report shall spe20 cifically include— 

21 (A) the Secretary’s opinion as to whether 

22 the DCIPS pay system should be continued, with 

23 or without changes, with respect to covered posi24 tions; and 


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1 (B) if, in the opinion of the Secretary, the 

2 DCIPS pay system should be continued with re3 spect to covered positions, with changes— 

4 (i) a detailed description of the pro5 posed changes; and 

6 (ii) a description of any administra7 tive action or legislation which may be nec8 essary. 

9 The requirements of this paragraph shall be carried 

10 out by the Secretary of Defense in conjunction with 

11 the Director of the Office of Personnel Management. 

12 (d) RULE OF CONSTRUCTION.—Nothing in this section 

13 shall be considered to affect— 

14 (1) the provisions of the Defense Civilian Intel15 ligence Personnel System governing aspects of com16 pensation apart from salary or basic pay; or 

17 (2) the application of such provisions with re18 spect to a covered position or any individual holding 

19 a covered position, including after June 16, 2009. 

20 Subtitle B—Education 

21 SEC. 311. PERMANENT AUTHORIZATION FOR THE PAT ROB22 ERTS INTELLIGENCE SCHOLARS PROGRAM. 

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

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


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

2 section: 

3 ‘‘PROGRAM ON RECRUITMENT AND TRAINING OF

4 INTELLIGENCE ANALYSTS

5 ‘‘SEC. 1022. (a) PROGRAM.—(1) The Director of Na6 tional Intelligence shall carry out a program to ensure that 

7 selected students or former students are provided funds to 

8 continue academic training, or are reimbursed for academic 

9 training previously obtained, in areas of specialization that 

10 the Director, in consultation with the other heads of the ele11 ments of the intelligence community, identifies as areas in 

12 which the current capabilities of the intelligence community 

13 are deficient or in which future capabilities of the intel14 ligence community are likely to be deficient. 

15 ‘‘(2) A student or former student selected for participa16 tion in the program shall commit to employment with an 

17 element of the intelligence community, following completion 

18 of appropriate academic training, under such terms and 

19 conditions as the Director considers appropriate. 

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

21 Intelligence Scholars Program. 

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

23 subsection (a), the Director shall— 

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

25 academic training of participants as the Director 

26 considers appropriate to ensure that participants are 


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1 prepared for employment as intelligence professionals; 

2 and 

3 ‘‘(2) periodically review the areas of specializa4 tion of the elements of the intelligence community to 

5 determine the areas in which such elements are, or 

6 are likely to be, deficient in capabilities. 

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

8 program under subsection (a) shall be used to— 

9 ‘‘(1) provide a monthly stipend for each month 

10 that a student is pursuing a course of study; 

11 ‘‘(2) pay the full tuition of a student or former 

12 student for the completion of such course of study; 

13 ‘‘(3) pay for books and materials that the student 

14 or former student requires or required to complete 

15 such course of study; 

16 ‘‘(4) pay the expenses of the student or former 

17 student for travel requested by an element of the intel18 ligence community in relation to such program; or 

19 ‘‘(5) for such other purposes the Director con20 siders appropriate to carry out such program.’’. 

21 (b) CONFORMING AMENDMENTS.— 

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

23 in the first section of such Act (50 U.S.C. 401 note), 

24 as amended by section 303 of this Act, is further 


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1 amended by inserting after the item relating to sec2 tion 1021 the following new item: 

‘‘Sec. 1022. Program on recruitment and training of intelligence analysts.’’. 

3 (2) REPEAL OF PILOT PROGRAM.—Section 318 of 

4 the Intelligence Authorization Act for Fiscal Year 

5 2004 (Public Law 108–177; 50 U.S.C. 441g note) is 

6 repealed. 

7 SEC. 312. INTELLIGENCE OFFICER TRAINING PROGRAM. 

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

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

10 by section 311 of this Act, is further amended by adding 

11 at the end the following new section: 

12 ‘‘INTELLIGENCE OFFICER TRAINING PROGRAM

13 ‘‘SEC. 1023. (a) PROGRAMS.—(1) The Director of Na14 tional Intelligence may carry out a grant program in ac15 cordance with subsection (b) to enhance the recruitment and 

16 retention of an ethnically and culturally diverse intelligence 

17 community workforce with capabilities critical to the na18 tional security interests of the United States. 

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

20 National Intelligence shall identify the skills necessary to 

21 meet current or emergent needs of the intelligence commu22 nity and the educational disciplines that will provide indi23 viduals with such skills. 

24 ‘‘(b) INSTITUTIONAL GRANT PROGRAM.—(1) The Di25 rector of National Intelligence may provide grants to instiVerDate Nov 24 2008 23:33 Jun 29, 2009 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6203 E:\BILLS\H2701.RH H2701

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1 tutions of higher education to support the establishment or 

2 continued development of programs of study in educational 

3 disciplines identified under subsection (a)(2). 

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

5 respect to the educational disciplines identified under sub6 section (a)(2), be used for the following purposes: 

7 ‘‘(A) Curriculum or program development. 

8 ‘‘(B) Faculty development. 

9 ‘‘(C) Laboratory equipment or improvements. 

10 ‘‘(D) Faculty research. 

11 ‘‘(3) An institution of higher education seeking a grant 

12 under this section shall submit an application describing 

13 the proposed use of the grant at such time and in such man14 ner as the Director may require. 

15 ‘‘(4) An institution of higher education that receives 

16 a grant under this section shall submit to the Director reg17 ular reports regarding the use of such grant, including— 

18 ‘‘(A) a description of the benefits to students who 

19 participate in the course of study funded by such 

20 grant; 

21 ‘‘(B) a description of the results and accomplish22 ments related to such course of study; and 

23 ‘‘(C) any other information that the Director 

24 may require. 


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1 ‘‘(c) REGULATIONS.—The Director of National Intel2 ligence shall prescribe such regulations as may be necessary 

3 to carry out this section. 

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

5 ‘‘(1) INSTITUTION OF HIGHER EDUCATION.—The 

6 term ‘institution of higher education’ has the meaning 

7 given the term in section 101 of the Higher Education 

8 Act of 1965 (20 U.S.C. 1001). 

9 ‘‘(2) DIRECTOR.—The term ‘Director’ means the 

10 Director of National Intelligence.’’. 

11 (b) REPEAL OF DUPLICATIVE PROVISIONS.— 

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

13 law are repealed: 

14 (A) Section 319 of the Intelligence Author15 ization Act for Fiscal Year 2004 (Public Law 

16 108–177; 50 U.S.C. 403 note). 

17 (B) Section 1003 of the National Security 

18 Act of 1947 (50 U.S.C. 441g–2). 

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

20 National Defense Authorization Act for Fiscal 

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

22 note). 

23 (2) EXISTING AGREEMENTS.—Notwithstanding 

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

25 subsection shall be construed to amend, modify, or abVerDate Nov 24 2008 23:33 Jun 29, 2009 Jkt 079200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 E:\BILLS\H2701.RH H2701

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1 rogate any agreement, contract, or employment rela2 tionship that was in effect in relation to the provi3 sions repealed under paragraph (1) on the day prior 

4 to the date of the enactment of this Act. 

5 (c) CONFORMING AMENDMENTS.—The table of contents 

6 in the first section of the National Security Act of 1947 

7 (50 U.S.C. 401 note), as amended by section 311 of this 

8 Act, is further amended by— 

9 (1) striking the item relating to section 1003; 

10 and 

11 (2) inserting after the item relating to section 

12 1022 the following new item: 

‘‘Sec. 1023. Intelligence officer training program.’’. 

13 SEC. 313. MODIFICATIONS TO THE STOKES EDUCATIONAL 

14 SCHOLARSHIP PROGRAM. 

15 (a) EXPANSION OF PROGRAM TO GRADUATE STU16 DENTS.—Section 16 of the National Security Agency Act 

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

18 (1) in subsection (a)— 

19 (A) by striking ‘‘undergraduate’’ and insert20 ing ‘‘undergraduate and graduate’’; and 

21 (B) by striking ‘‘the baccalaureate’’ and in22 serting ‘‘a baccalaureate or graduate’’; and 

23 (2) in subsection (e)(2), by striking ‘‘under24 graduate’’ and inserting ‘‘undergraduate and grad25 uate’’. 


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1 (b) TERMINATION.—Section 16(d)(1)(C) of such Act is 

2 amended by striking ‘‘terminated either by’’ and all that 

3 follows and inserting the following: ‘‘terminated by— 

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

5 person; 

6 ‘‘(ii) the person voluntarily; or 

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

8 person to maintain such level of academic stand9 ing in the educational course of training as the 

10 Director of the National Security Agency speci11 fies in the agreement under this paragraph; 

12 and’’. 

13 (c) AUTHORITY TO WITHHOLD DISCLOSURE OF AF14 FILIATION WITH NSA.—Section 16(e) of the National Secu15 rity Agency Act of 1959 (50 U.S.C. 402 note) is amended 

16 by striking ‘‘(1) When an employee’’ and all that follows 

17 through ‘‘(2) Agency efforts’’ and inserting ‘‘Agency efforts’’. 

18 (d) OTHER ELEMENTS OF THE INTELLIGENCE COM19 MUNITY.— 

20 (1) AUTHORIZATION.—Subtitle C of title X of the 

21 National Security Act of 1947 (50 U.S.C. 441g et 

22 seq.), as amended by section 312 of this Act, is further 

23 amended by adding at the end the following new sec24 tion: 


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1 ‘‘STOKES SCHOLARSHIP PROGRAM

2 ‘‘SEC. 1024. The head of an element of the intelligence 

3 community may establish an undergraduate and graduate 

4 training program with respect to civilian employees of such 

5 element in the same manner and under the same conditions 

6 as the Secretary of Defense is authorized to establish such 

7 a program under section 16 of the National Security Agen8 cy Act of 1959 (50 U.S.C. 402 note).’’. 

9 (2) CONFORMING AMENDMENT.—The table of 

10 contents in the first section of such Act (50 U.S.C. 

11 401 note), as amended by section 312 of this Act, is 

12 further amended by inserting after the item relating 

13 to section 1023 the following new item: 

‘‘Sec. 1024. Stokes scholarship program.’’. 

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

16 (a) ESTABLISHMENT.—The Director of National Intel17 ligence, in consultation with the National Security Edu18 cation Board established under section 803(a) of the David 

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

20 U.S.C. 1903(a)), may establish a pilot program for inten21 sive language instruction in African languages. 

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

23 subsection (a) shall provide scholarships for programs that 

24 provide intensive language instruction— 


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

2 languages for which scholarships are not offered under 

3 such Act, as determined by the Director of National 

4 Intelligence; and 

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

6 in which the language is the native language of a sig7 nificant portion of the population, as determined by 

8 the Director of National Intelligence. 

9 (c) TERMINATION.—A pilot program established in ac10 cordance with subsection (a) shall terminate on the date 

11 that is 5 years after the date on which such pilot program 

12 is established. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.— 

14 (1) IN GENERAL.—There is authorized to be ap15 propriated to carry out this section $2,000,000. 

16 (2) AVAILABILITY.—Funds authorized to be ap17 propriated under paragraph (1) shall remain avail18 able until the termination of the pilot program in ac19 cordance with subsection (c). 

20 Subtitle C—Congressional 

21 Oversight of Covert Actions 

22 SEC. 321. REPORTING ON COVERT ACTIONS. 

23 (a) GENERAL CONGRESSIONAL OVERSIGHT.—Section 

24 501(a) of the National Security Act of 1947 (50 U.S.C. 


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1 413(a)) is amended by adding at the end the following new 

2 paragraph: 

3 ‘‘(3) In carrying out paragraph (1), the President shall 

4 provide to the congressional intelligence committees all in5 formation necessary to assess the lawfulness, effectiveness, 

6 cost, benefit, intelligence gain, budgetary authority, and 

7 risk of an intelligence activity, including— 

8 ‘‘(A) the legal authority under which the intel9 ligence activity is being or was conducted; 

10 ‘‘(B) any legal issues upon which guidance was 

11 sought in carrying out or planning the intelligence 

12 activity, including dissenting legal views; 

13 ‘‘(C) any specific operational concerns arising 

14 from the intelligence activity, including the risk of 

15 disclosing intelligence sources or methods; 

16 ‘‘(D) the likelihood that the intelligence activity 

17 will exceed the planned or authorized expenditure of 

18 funds or other resources; and 

19 ‘‘(E) the likelihood that the intelligence activity 

20 will fail.’’. 

21 (b) PROCEDURES.—Section 501(c) of such Act (50 

22 U.S.C. 413(c)) is amended by striking ‘‘such procedures’’ 

23 and inserting ‘‘such written procedures’’. 

24 (c) INTELLIGENCE ACTIVITIES.—Section 502(a)(2) of 

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


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1 ‘‘(including any information or material relating to the 

2 legal authority under which an intelligence activity is being 

3 or was conducted, and any information or material relating 

4 to legal issues upon which guidance was sought in carrying 

5 out or planning the intelligence activity, including dis6 senting legal views)’’ after ‘‘concerning intelligence activi7 ties’’. 

8 (d) COVERT ACTIONS.—Section 503 of such Act (50 

9 U.S.C. 413b) is amended— 

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

11 any information or material relating to the legal au12 thority under which a covert action is being or was 

13 conducted, and any information or material relating 

14 to legal issues upon which guidance was sought in 

15 carrying out or planning the covert action, including 

16 dissenting legal views)’’ after ‘‘concerning covert ac17 tions’’; 

18 (2) in subsection (c)— 

19 (A) by striking paragraph (2) and inserting 

20 the following new paragraph: 

21 ‘‘(2) If, pursuant to the procedures established by each 

22 of the congressional intelligence committees under section 

23 501(c), one of the congressional intelligence committees de24 termines that not all members of that committee are re25 quired to have access to a finding under this subsection, 


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1 the President may limit access to such finding or such no2 tice as provided in such procedures.’’; and 

3 (B) in paragraph (4), by striking ‘‘is lim4 ited to the Members of Congress specified in 

5 paragraph (2)’’ and inserting ‘‘is not provided to 

6 all members of one of the congressional intel7 ligence committees in accordance with paragraph 

8 (2)’’; 

9 (3) in subsection (d)— 

10 (A) by striking ‘‘(d) The President’’ and in11 serting ‘‘(d)(1) The President’’; 

12 (B) in paragraph (1), as designated by sub13 paragraph (A) of this paragraph, by striking 

14 ‘‘specified in’’ and inserting ‘‘informed in ac15 cordance with’’; and 

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

17 paragraph: 

18 ‘‘(2) For purposes of this subsection, an activity shall 

19 constitute a ‘significant undertaking’ if the activity— 

20 ‘‘(A) involves the potential for loss of life; 

21 ‘‘(B) requires an expansion of existing authori22 ties, including authorities relating to research, devel23 opment, or operations; 

24 ‘‘(C) results in the expenditure of significant 

25 funds or other resources; 


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1 ‘‘(D) requires notification under section 504; 

2 ‘‘(E) gives rise to a significant risk of disclosing 

3 intelligence sources or methods; or 

4 ‘‘(F) could cause serious damage to the diplo5 matic relations of the United States if such activity 

6 were disclosed without authorization.’’; and 

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

9 ‘‘(g)(1) A Member of Congress to which a finding is 

10 reported under subsection (c) or notice is provided under 

11 subsection (d)(1) may submit to the Director of National 

12 Intelligence an objection to any part of such finding or such 

13 notice. Not later than 48 hours after such an objection is 

14 submitted to the Director of National Intelligence, the Di15 rector shall report such objection in writing to the President 

16 and such Member of Congress. 

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

18 under subsection (c) or notice provided under subsection 

19 (d)(1) is not made available to all members of a congres20 sional intelligence committee in accordance with subsection 

21 (c)(2), the President shall provide such members with gen22 eral information on the content of the finding or notice. 

23 ‘‘(3) The President shall— 

24 ‘‘(A) maintain a record of the Members of Con25 gress to which a finding is reported under subsection 


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1 (c) or notice is provided under subsection (d)(1) and 

2 the date on which each Member of Congress receives 

3 such finding or notice; and 

4 ‘‘(B) not later than 30 days after the date on 

5 which such finding is reported or such notice is pro6 vided, provide such record to— 

7 ‘‘(i) in the case of a finding reported or no8 tice provided to a Member of the House of Rep9 resentatives, the Permanent Select Committee on 

10 Intelligence of the House of Representatives; and 

11 ‘‘(ii) in the case of a finding reported or no12 tice provided to a Member of the Senate, the Se13 lect Committee on Intelligence of the Senate. 

14 ‘‘(h) Any requirement under section 501, 502, or this 

15 section to provide information to the congressional intel16 ligence committees shall be construed to require the submis17 sion of such information to all members of such committees, 

18 unless such information is specifically authorized not to be 

19 submitted to all members of one of such committees in ac20 cordance with subsection (c)(2).’’. 


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1 Subtitle D—Reports and Other 

2 Congressional Oversight 

3 SEC. 331. REPORT ON FINANCIAL INTELLIGENCE ON TER4 RORIST ASSETS. 

5 Section 118 of the National Security Act of 1947 (50 

6 U.S.C. 404m) is amended— 

7 (1) in the heading, by striking ‘‘SEMIANNUAL’’ 

8 and inserting ‘‘ANNUAL’’; 

9 (2) in subsection (a)— 

10 (A) in the heading, by striking ‘‘SEMI11 ANNUAL’’ and inserting ‘‘ANNUAL’’; 

12 (B) in the matter preceding paragraph 

13 (1)— 

14 (i) by striking ‘‘semiannual basis’’ and 

15 inserting ‘‘annual basis’’; and 

16 (ii) by striking ‘‘preceding six-month 

17 period’’ and inserting ‘‘preceding one-year 

18 period’’; 

19 (C) by striking paragraph (2); and 

20 (D) by redesignating paragraphs (3) and 

21 (4) as paragraphs (2) and (3), respectively; and 

22 (3) in subsection (d)— 

23 (A) in paragraph (1), by inserting ‘‘the 

24 Committee on Armed Services,’’ after ‘‘the Com25 mittee on Appropriations,’’; and 


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1 (B) in paragraph (2), by inserting ‘‘the 

2 Committee on Armed Services,’’ after ‘‘the Com3 mittee on Appropriations,’’. 

4 SEC. 332. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR 

5 THE INTELLIGENCE COMMUNITY. 

6 Title V of the National Security Act of 1947 (50 U.S.C. 

7 413 et seq.) is amended by inserting after section 507 the 

8 following new section: 

9 ‘‘ANNUAL PERSONNEL LEVEL ASSESSMENT FOR THE

10 INTELLIGENCE COMMUNITY

11 ‘‘SEC. 508. (a) ASSESSMENT.—The Director of Na12 tional Intelligence shall, in consultation with the head of 

13 each element of the intelligence community, prepare an an14 nual personnel level assessment for such element that as15 sesses the personnel levels of such element for the fiscal year 

16 following the fiscal year in which the assessment is sub17 mitted. 

18 ‘‘(b) SCHEDULE.—Each assessment required by sub19 section (a) shall be submitted to the congressional intel20 ligence committees each year along with the budget sub21 mitted by the President in accordance with section 1105 

22 of title 31, United States Code. 

23 ‘‘(c) CONTENTS.—Each assessment required by sub24 section (a) shall include, for the element of the intelligence 

25 community concerned, the following information: 


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

2 such element 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 preceding five fiscal years. 

9 ‘‘(4) The number of personnel positions requested 

10 for such element for the upcoming fiscal year. 

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

12 decrease of such number as compared to the number 

13 of personnel positions of such element of the current 

14 fiscal year. 

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

16 decrease of such number as compared to the number 

17 of personnel positions of such element during the pre18 ceding five fiscal years. 

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

20 of contractors to be funded by such element for the up21 coming fiscal year. 

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

23 decrease of such costs of contractors as compared to 

24 the best estimate of the costs of contractors to be fund25 ed by such element during the current fiscal year. 


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

2 decrease of such costs of contractors as compared to 

3 the cost of contractors, and the number of contractors, 

4 of such element during the preceding five fiscal years. 

5 ‘‘(10) A written justification for the requested 

6 personnel and contractor levels. 

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

8 analysts employed or contracted by such element. 

9 ‘‘(12) A list of all contractors that have been the 

10 subject of an investigation completed by the inspector 

11 general of such element during the preceding fiscal 

12 year, or are or have been the subject of an investiga13 tion by such inspector general during the current fis14 cal year. 

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

16 Intelligence of whether, based on current and pro17 jected funding, such element will have sufficient— 

18 ‘‘(A) internal infrastructure to support the 

19 requested personnel and contractor levels; 

20 ‘‘(B) training resources to support the re21 quested personnel levels; and 

22 ‘‘(C) funding to support the administrative 

23 and operational activities of the requested per24 sonnel levels.’’. 


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1 SEC. 333. SEMIANNUAL REPORTS ON NUCLEAR WEAPONS 

2 PROGRAMS OF IRAN, SYRIA, AND NORTH 

3 KOREA. 

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 

6 332, is further amended by adding at the end the following 

7 new section: 

8 ‘‘SEMIANNUAL REPORTS ON THE NUCLEAR WEAPONS

9 PROGRAMS OF IRAN, SYRIA, AND NORTH KOREA

10 ‘‘SEC. 509. (a) REQUIREMENT FOR REPORTS.—Not 

11 less frequently than every 180 days, the Director of National 

12 Intelligence shall submit to the appropriate congressional 

13 committees a report on the intentions and capabilities of 

14 the Islamic Republic of Iran, the Syrian Arab Republic, 

15 and the Democratic People’s Republic of Korea, with regard 

16 to the nuclear weapons programs of each such country. 

17 ‘‘(b) CONTENT.—Each report submitted under sub18 section (a) shall include, with respect to the Islamic Repub19 lic of Iran, the Syrian Arab Republic, and the Democratic 

20 People’s Republic of Korea— 

21 ‘‘(1) an assessment of nuclear weapons programs 

22 of each country; 

23 ‘‘(2) an evaluation of the sources upon which the 

24 intelligence used to prepare the assessment referred to 

25 in paragraph (1) is based, including the number of 


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1 such sources and an assessment of the reliability of 

2 each source; 

3 ‘‘(3) a summary of any intelligence related to 

4 any program gathered or developed since the previous 

5 report was submitted under subsection (a), including 

6 intelligence collected from both open and clandestine 

7 sources for each country; and 

8 ‘‘(4) a discussion of any dissents, caveats, gaps 

9 in knowledge, or other information that would reduce 

10 confidence in the assessment referred to in paragraph 

11 (1). 

12 ‘‘(c) NATIONAL INTELLIGENCE ESTIMATE.—The Direc13 tor of National Intelligence may submit a National Intel14 ligence Estimate on the intentions and capabilities of the 

15 Islamic Republic of Iran, the Syrian Arab Republic, or the 

16 Democratic People’s Republic of Korea in lieu of a report 

17 required by subsection (a) for that country. 

18 ‘‘(d) APPROPRIATE CONGRESSIONAL COMMITTEES DE19 FINED.—In this section, the term ‘appropriate congres20 sional committees’ means— 

21 ‘‘(1) the congressional intelligence committees; 

22 ‘‘(2) the Committee on Armed Services and the 

23 Committee on Foreign Affairs of the House of Rep24 resentatives; and 


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1 ‘‘(3) the Committee on Armed Services and the 

2 Committee on Foreign Relations of the Senate.’’. 

3 (b) APPLICABILITY DATE.—The first report required 

4 to be submitted under section 509 of the National Security 

5 Act of 1947, as added by subsection (a), shall be submitted 

6 not later than 120 days after the date of the enactment of 

7 this Act. 

8 SEC. 334. ANNUAL REPORT ON FOREIGN LANGUAGE PRO9 FICIENCY IN THE INTELLIGENCE COMMU10 NITY. 

11 Title V of the National Security Act of 1947 (50 U.S.C. 

12 413 et seq.), as amended by section 333 of this Act, is fur13 ther amended by adding at the end the following new sec14 tion: 

15 ‘‘REPORT ON FOREIGN LANGUAGE PROFICIENCY IN THE

16 INTELLIGENCE COMMUNITY

17 ‘‘SEC. 510. Each year on the date provided in section 

18 507, the Director of National Intelligence shall submit to 

19 the congressional intelligence committees and the Commit20 tees on Armed Services of the House of Representatives and 

21 the Senate a report on the proficiency in foreign languages 

22 and, as appropriate, in foreign dialects, of each element of 

23 the intelligence community, including— 

24 ‘‘(1) the number of positions authorized for such 

25 element that require foreign language proficiency and 

26 the level of proficiency required; 


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1 ‘‘(2) an estimate of the number of such positions 

2 that each element will require during the five-year pe3 riod beginning on the date of the submission of the re4 port; 

5 ‘‘(3) the number of positions authorized for such 

6 element that require foreign language proficiency that 

7 are filled by— 

8 ‘‘(A) military personnel; and 

9 ‘‘(B) civilian personnel; 

10 ‘‘(4) the number of applicants for positions in 

11 such element in the previous fiscal year that indicated 

12 foreign language proficiency, including the foreign 

13 language indicated and the proficiency level; 

14 ‘‘(5) the number of persons hired by such element 

15 with foreign language proficiency, including the for16 eign language and proficiency level; 

17 ‘‘(6) the number of personnel of such element 

18 currently attending foreign language training, includ19 ing the provider of such training; 

20 ‘‘(7) a description of the efforts of such element 

21 to recruit, hire, train, and retain personnel that are 

22 proficient in a foreign language; 

23 ‘‘(8) an assessment of methods and models for 

24 basic, advanced, and intensive foreign language train25 ing; 


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1 ‘‘(9) for each foreign language and, as appro2 priate, dialect of a foreign language— 

3 ‘‘(A) the number of positions of such ele4 ment that require proficiency in the foreign lan5 guage or dialect; 

6 ‘‘(B) the number of personnel of such ele7 ment that are serving in a position that requires 

8 proficiency in the foreign language or dialect to 

9 perform the primary duty of the position; 

10 ‘‘(C) the number of personnel of such ele11 ment that are serving in a position that does not 

12 require proficiency in the foreign language or 

13 dialect to perform the primary duty of the posi14 tion; 

15 ‘‘(D) the number of personnel of such ele16 ment rated at each level of proficiency of the 

17 Interagency Language Roundtable; 

18 ‘‘(E) whether the number of personnel at 

19 each level of proficiency of the Interagency Lan20 guage Roundtable meets the requirements of such 

21 element; 

22 ‘‘(F) the number of personnel serving or 

23 hired to serve as linguists for such element that 

24 are not qualified as linguists under the stand25 ards of the Interagency Language Roundtable; 


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1 ‘‘(G) the number of personnel hired to serve 

2 as linguists for such element during the pre3 ceding calendar year; 

4 ‘‘(H) the number of personnel serving as 

5 linguists that discontinued serving such element 

6 during the preceding calendar year; 

7 ‘‘(I) the percentage of work requiring lin8 guistic skills that is fulfilled by an ally of the 

9 United States; and 

10 ‘‘(J) the percentage of work requiring lin11 guistic skills that is fulfilled by contractors; 

12 ‘‘(10) an assessment of the foreign language ca13 pacity and capabilities of the intelligence community 

14 as a whole; 

15 ‘‘(11) recommendations for eliminating required 

16 reports relating to foreign-language proficiency that 

17 the Director of National Intelligence considers out18 dated or no longer relevant; and 

19 ‘‘(12) an assessment of the feasibility of employ20 ing foreign nationals lawfully present in the United 

21 States who have previously worked as translators or 

22 interpreters for the Armed Forces or another depart23 ment or agency of the Federal Government in Iraq or 

24 Afghanistan to meet the critical language needs of 

25 such element.’’. 


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1 SEC. 335. GOVERNMENT ACCOUNTABILITY OFFICE AUDITS 

2 AND INVESTIGATIONS. 

3 Title V of the National Security Act of 1947 (50 U.S.C. 

4 413 et seq.), as amended by section 334 of this Act, is fur5 ther amended by adding at the end the following new sec6 tion: 

7 ‘‘GOVERNMENT ACCOUNTABILITY OFFICE ANALYSES, 

8 EVALUATIONS, AND INVESTIGATIONS

9 ‘‘SEC. 511. (a) IN GENERAL.—Except as provided in 

10 subsection (b), the Director of National Intelligence shall 

11 ensure that personnel of the Government Accountability Of12 fice designated by the Comptroller General are provided 

13 with access to all information in the possession of an ele14 ment of the intelligence community that the Comptroller 

15 General determines is necessary for such personnel to con16 duct an analysis, evaluation, or investigation of a program 

17 or activity of an element of the intelligence community that 

18 is requested by one of the congressional intelligence commit19 tees. 

20 ‘‘(b) EXCEPTION.—(1)(A) Subject to subparagraph 

21 (B), the Director of National Intelligence may restrict ac22 cess to information referred to in subsection (a) by per23 sonnel designated in such subsection if the Director deter24 mines that the restriction is necessary to protect vital na25 tional security interests of the United States. 


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1 ‘‘(B) The Director of National Intelligence may not re2 strict access under subparagraph (A) solely on the basis of 

3 the level of classification or compartmentation of informa4 tion that the personnel designated in subsection (a) may 

5 seek access to while conducting an analysis, evaluation, or 

6 investigation. 

7 ‘‘(2) If the Director exercises the authority under para8 graph (1), the Director shall submit to the congressional in9 telligence committees an appropriately classified statement 

10 of the reasons for the exercise of such authority within 7 

11 days. 

12 ‘‘(3) The Director shall notify the Comptroller General 

13 at the time a report under paragraph (2) is submitted, and, 

14 to the extent consistent with the protection of intelligence 

15 sources and methods, provide the Comptroller General with 

16 a copy of such report. 

17 ‘‘(4) The Comptroller General shall submit to the con18 gressional intelligence committees any comments on a re19 port of which the Comptroller General has notice under 

20 paragraph (3) that the Comptroller General considers ap21 propriate.’’. 

22 SEC. 336. CERTIFICATION OF COMPLIANCE WITH OVER23 SIGHT REQUIREMENTS. 

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

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


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1 335 of this Act, is further amended by adding at the end 

2 the following new section: 

3 ‘‘CERTIFICATION OF COMPLIANCE WITH OVERSIGHT

4 REQUIREMENTS

5 ‘‘SEC. 512. The head of each element of the intelligence 

6 community shall semiannually submit to the congressional 

7 intelligence committees— 

8 ‘‘(1) a certification that, to the best of the knowl9 edge of the head of such element— 

10 ‘‘(A) the head of such element of the intel11 ligence community is in full compliance with the 

12 requirements of this title; and 

13 ‘‘(B) any information required to be sub14 mitted by such head of such element under this 

15 Act before the date of the submission of such cer16 tification has been properly submitted; or 

17 ‘‘(2) if such head of such element is unable to 

18 submit a certification under paragraph (1), a state19 ment— 

20 ‘‘(A) of the reasons such head of such ele21 ment is not able to submit such a certification; 

22 ‘‘(B) describing any information required to 

23 be submitted by such head of such element under 

24 this Act before the date of the submission of such 

25 statement that has not been properly submitted; 

26 and 


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1 ‘‘(C) that the head of such element will sub2 mit such information as soon as possible after 

3 the submission of such statement.’’. 

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

5 statement required to be submitted by the head of each ele6 ment of the intelligence community under section 512 of 

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

8 (a) of this section, shall be submitted not later than 90 days 

9 after the date of the enactment of this Act. 

10 SEC. 337. REPORTS ON FOREIGN INDUSTRIAL ESPIONAGE. 

11 (a) IN GENERAL.—Section 809(b) of the Intelligence 

12 Authorization Act for Fiscal Year 1995 (50 U.S.C. app. 

13 2170b(b)) is amended— 

14 (1) in the heading, by striking ‘‘ANNUAL’’ and 

15 inserting ‘‘BIANNUAL’’; 

16 (2) by striking paragraph (1) and inserting the 

17 following new paragraph: 

18 ‘‘(1) SUBMISSION TO CONGRESS.—The President 

19 shall biannually submit to the congressional intel20 ligence committees, the Committees on Armed Services 

21 of the House of Representatives and the Senate, and 

22 congressional leadership a report updating the infor23 mation referred to in subsection (a)(1)(D).’’; 

24 (3) by striking paragraph (2); and 


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1 (4) by redesignating paragraph (3) as para2 graph (2). 

3 (b) INITIAL REPORT.—The first report required under 

4 section 809(b)(1) of such Act, as amended by subsection 

5 (a)(2) of this section, shall be submitted not later than Feb6 ruary 1, 2010. 

7 SEC. 338. REPORT ON INTELLIGENCE COMMUNITY CON8 TRACTORS. 

9 (a) REQUIREMENT FOR REPORT.—Not later than No10 vember 1, 2010, the Director of National Intelligence shall 

11 submit to the congressional intelligence committees and the 

12 Committees on Armed Services of the House of Representa13 tives and the Senate a report describing the use of personal 

14 services contracts across the intelligence community, the im15 pact of the use of such contracts on the intelligence commu16 nity workforce, plans for conversion of contractor employ17 ment into Federal Government employment, and the ac18 countability mechanisms that govern the performance of 

19 such personal services contracts. 

20 (b) CONTENT.— 

21 (1) IN GENERAL.—The report submitted under 

22 subsection (a) shall include— 

23 (A) a description of any relevant regula24 tions or guidance issued by the Director of Na25 tional Intelligence or the head of an element of 


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1 the intelligence community relating to minimum 

2 standards required regarding the hiring, train3 ing, security clearance, and assignment of con4 tract personnel and how those standards may 

5 differ from those for Federal Government em6 ployees performing substantially similar func7 tions; 

8 (B) an identification of contracts where the 

9 contractor is performing substantially similar 

10 functions to a Federal Government employee; 

11 (C) an assessment of costs incurred or sav12 ings achieved by awarding contracts for the per13 formance of such functions referred to in sub14 paragraph (B) instead of using full-time employ15 ees of the elements of the intelligence community 

16 to perform such functions; 

17 (D) an assessment of the appropriateness of 

18 using contractors to perform the activities de19 scribed in paragraph (2); 

20 (E) an estimate of the number of contracts, 

21 and the number of personnel working under such 

22 contracts, related to the performance of activities 

23 described in paragraph (2); 

24 (F) a comparison of the compensation of 

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1 ployees performing substantially similar func2 tions; 

3 (G) an analysis of the attrition of Federal 

4 Government personnel for contractor positions 

5 that provide substantially similar functions; 

6 (H) a description of positions that will be 

7 converted from contractor employment to Federal 

8 Government employment; 

9 (I) an analysis of the oversight and ac10 countability mechanisms applicable to personal 

11 services contracts awarded for intelligence activi12 ties by each element of the intelligence commu13 nity during fiscal years 2008 and 2009; 

14 (J) an analysis of procedures in use in the 

15 intelligence community for conducting oversight 

16 of contractors to ensure identification and pros17 ecution of criminal violations, financial waste, 

18 fraud, or other abuses committed by contractors 

19 or contract personnel; and 

20 (K) an identification of best practices for 

21 oversight and accountability mechanisms appli22 cable to personal services contracts. 

23 (2) ACTIVITIES.—Activities described in this 

24 paragraph are the following: 

25 (A) Intelligence collection. 


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1 (B) Intelligence analysis. 

2 (C) Covert actions, including rendition, de3 tention, and interrogation activities. 

4 SEC. 339. REPORT ON TRANSFORMATION OF THE INTEL5 LIGENCE CAPABILITIES OF THE FEDERAL BU6 REAU OF INVESTIGATION. 

7 Not later than 120 days after the date of the enactment 

8 of this Act, the Director of the Federal Bureau of Investiga9 tion shall submit to the congressional intelligence commit10 tees and the Committees on the Judiciary of the House of 

11 Representatives and the Senate a report describing the Di12 rector’s long-term vision for transforming the intelligence 

13 capabilities of the Bureau and the progress of the internal 

14 reforms of the Bureau intended to achieve that vision. Such 

15 report shall include— 

16 (1) the direction, strategy, and goals for trans17 forming the intelligence capabilities of the Bureau; 

18 (2) a description of what the fully functional in19 telligence and national security functions of the Bu20 reau should entail; 

21 (3) a candid assessment of the effect of internal 

22 reforms at the Bureau and whether such reforms have 

23 moved the Bureau towards achieving the goals of the 

24 Director for the intelligence and national security 

25 functions of the Bureau; and 


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1 (4) an assessment of how well the Bureau per2 forms tasks that are critical to the effective func3 tioning of the Bureau as an intelligence agency, in4 cluding— 

5 (A) identifying new intelligence targets 

6 within the scope of the national security func7 tions of the Bureau, outside the parameters of an 

8 existing case file or ongoing investigation; 

9 (B) collecting intelligence domestically, in10 cluding collection through human and technical 

11 sources; 

12 (C) recruiting human sources; 

13 (D) training Special Agents to spot, assess, 

14 recruit, and handle human sources; 

15 (E) working collaboratively with other Fed16 eral departments and agencies to jointly collect 

17 intelligence on domestic counterterrorism and 

18 counterintelligence targets; 

19 (F) producing a common intelligence pic20 ture of domestic threats to the national security 

21 of the United States; 

22 (G) producing high quality and timely in23 telligence analysis; 

24 (H) integrating intelligence analysts into 

25 its intelligence collection operations; and 


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1 (I) sharing intelligence information with 

2 intelligence community partners. 

3 SEC. 340. REPORT ON INTELLIGENCE RESOURCES DEDI4 CATED TO IRAQ AND AFGHANISTAN. 

5 Not later than 120 days after the date of the enactment 

6 of this Act, the Director of National Intelligence and the 

7 Secretary of Defense shall jointly submit to the congres8 sional intelligence committees and the Committees on 

9 Armed Services of the House of Representatives and the 

10 Senate a report on intelligence collection and analysis re11 sources (1) dedicated to Iraq and Afghanistan during fiscal 

12 years 2008 and 2009, and (2) planned to be dedicated dur13 ing fiscal year 2010. Such report shall include detailed in14 formation on fiscal, human, technical, and other intel15 ligence collection and analysis resources. 

16 SEC. 341. REPORT ON INTERNATIONAL TRAFFIC IN ARMS 

17 REGULATIONS. 

18 (a) REPORT.—Not later than February 1, 2011, the 

19 Director of National Intelligence shall submit to the con20 gressional intelligence committees, the Committee on For21 eign Affairs of the House of Representatives, and the Com22 mittee on Foreign Relations of the Senate a report assessing 

23 the threat to national security presented by the efforts of 

24 foreign countries to acquire, through espionage, diversion, 

25 or other means, sensitive equipment and technology, and 


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1 the degree to which United States export controls (including 

2 the International Traffic in Arms Regulations) are ade3 quate to defeat such efforts. 

4 (b) FORM.—The report under subsection (a) shall be 

5 submitted in unclassified form, but may include a classified 

6 annex. 

7 (c) INTERNATIONAL TRAFFIC IN ARMS REGULATIONS

8 DEFINED.—The term ‘‘International Traffic in Arms Regu9 lations’’ means those regulations contained in parts 120 

10 through 130 of title 22, Code of Federal Regulations (or suc11 cessor regulations). 

12 SEC. 342. REPORT ON NUCLEAR TRAFFICKING. 

13 (a) REPORT.—Not later than February 1, 2010, the 

14 Director of National Intelligence shall submit to the con15 gressional intelligence committees, the Committee on Armed 

16 Services and the Committee on Foreign Affairs of the House 

17 of Representatives, and the Committee on Armed Services 

18 and the Committee on Foreign Relations of the Senate a 

19 report on the illicit trade of nuclear and radiological mate20 rial and equipment. 

21 (b) CONTENTS.—The report submitted under sub22 section (a) shall include, for a period of time including at 

23 least the preceding three years— 

24 (1) details of all known or suspected cases of the 

25 illicit sale, transfer, brokering, or transport of— 


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1 (A) nuclear or radiological material; 

2 (B) equipment useful for the production of 

3 nuclear or radiological material; or 

4 (C) nuclear explosive devices; 

5 (2) an assessment of the countries that represent 

6 the greatest risk of nuclear trafficking activities; and 

7 (3) a discussion of any dissents, caveats, gaps in 

8 knowledge, or other information that would reduce 

9 confidence in the assessment referred to in paragraph 

10 (2). 

11 (c) FORM.—The report under subsection (a) may be 

12 submitted in classified form, but shall include an unclassi13 fied summary. 

14 SEC. 343. STUDY ON REVOKING PENSIONS OF PERSONS 

15 WHO COMMIT UNAUTHORIZED DISCLOSURES 

16 OF CLASSIFIED INFORMATION. 

17 (a) STUDY.—The Director of National Intelligence 

18 shall conduct a study on the feasibility of revoking the pen19 sions of personnel of the intelligence community who com20 mit unauthorized disclosures of classified information, in21 cluding whether revoking such pensions is feasible under ex22 isting law or under the administrative authority of the Di23 rector of National Intelligence or any other head of an ele24 ment of the intelligence community. 


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1 (b) REPORT.—Not later than 90 days after the date 

2 of the enactment of this Act, the Director of National Intel3 ligence shall submit to the congressional intelligence com4 mittees a report containing the results of the study con5 ducted under subsection (a). 

6 SEC. 344. STUDY ON ELECTRONIC WASTE DESTRUCTION 

7 PRACTICES OF THE INTELLIGENCE COMMU8 NITY. 

9 (a) STUDY.—The Inspector General of the Intelligence 

10 Community shall conduct a study on the electronic waste 

11 destruction practices of the intelligence community. Such 

12 study shall assess— 

13 (1) the security of the electronic waste disposal 

14 practices of the intelligence community, including the 

15 potential for counterintelligence exploitation of de16 stroyed, discarded, or recycled materials; 

17 (2) the environmental impact of such disposal 

18 practices; and 

19 (3) methods to improve the security and environ20 mental impact of such disposal practices, including 

21 steps to prevent the forensic exploitation of electronic 

22 waste. 

23 (b) REPORT.—Not later than one year after the date 

24 of the enactment of this Act, the Inspector General of the 

25 Intelligence Community shall submit to the congressional 


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1 intelligence committees a report containing the results of 

2 the study conducted under subsection (a). 

3 SEC. 345. REPORT ON RETIREMENT BENEFITS FOR FORMER 

4 EMPLOYEES OF AIR AMERICA. 

5 (a) IN GENERAL.—Not later than 180 days after the 

6 date of the enactment of this Act, the Director of National 

7 Intelligence shall submit to Congress a report on the advis8 ability of providing Federal retirement benefits to United 

9 States citizens for the service of such citizens prior to 1977 

10 as employees of Air America or an associated company dur11 ing a period when Air America or the associated company 

12 was owned or controlled by the United States Government 

13 and operated or managed by the Central Intelligence Agen14 cy. 

15 (b) REPORT ELEMENTS.—The report required by sub16 section (a) shall include the following: 

17 (1) The history of Air America and the associ18 ated companies prior to 1977, including a description 

19 of— 

20 (A) the relationship between Air America 

21 and the associated companies and the Central 

22 Intelligence Agency or any other element of the 

23 United States Government; 

24 (B) the workforce of Air America and the 

25 associated companies; 


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1 (C) the missions performed by Air America, 

2 the associated companies, and their employees 

3 for the United States; and 

4 (D) the casualties suffered by employees of 

5 Air America and the associated companies in the 

6 course of their employment. 

7 (2) A description of— 

8 (A) the retirement benefits contracted for or 

9 promised to the employees of Air America and 

10 the associated companies prior to 1977; 

11 (B) the contributions made by such employ12 ees for such benefits; 

13 (C) the retirement benefits actually paid 

14 such employees; 

15 (D) the entitlement of such employees to the 

16 payment of future retirement benefits; and 

17 (E) the likelihood that such employees will 

18 receive any future retirement benefits. 

19 (3) An assessment of the difference between— 

20 (A) the retirement benefits that former em21 ployees of Air America and the associated com22 panies have received or will receive by virtue of 

23 their employment with Air America and the as24 sociated companies; and 


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1 (B) the retirement benefits that such em2 ployees would have received or be eligible to re3 ceive if such employment was deemed to be em4 ployment by the United States Government and 

5 their service during such employment was cred6 ited as Federal service for the purpose of Federal 

7 retirement benefits. 

8 (4) Any recommendations regarding the advis9 ability of legislative action to treat such employment 

10 as Federal service for the purpose of Federal retire11 ment benefits in light of the relationship between Air 

12 America and the associated companies and the United 

13 States Government and the services and sacrifices of 

14 such employees to and for the United States. 

15 (5) If legislative action is considered advisable 

16 under paragraph (4), a proposal for such action and 

17 an assessment of its costs. 

18 (6) The opinions of the Director of the Central 

19 Intelligence Agency, if any, on any matters covered 

20 by the report that the Director of the Central Intel21 ligence Agency considers appropriate. 

22 (c) FORM.—The report required by subsection (a) shall 

23 be submitted in unclassified form, but may include a classi24 fied annex. 

25 (d) DEFINITIONS.—In this section: 


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1 (1) AIR AMERICA.—The term ‘‘Air America’’ 

2 means Air America, Incorporated. 

3 (2) ASSOCIATED COMPANY.—The term ‘‘associ4 ated company’’ means any entity associated with, 

5 predecessor to, or subsidiary to Air America, includ6 ing Air Asia Company Limited, CAT Incorporated, 

7 Civil Air Transport Company Limited, and the Pa8 cific Division of Southern Air Transport, during the 

9 period when such an entity was owned and controlled 

10 by the United States Government. 

11 SEC. 346. STUDY ON COLLEGE TUITION PROGRAMS FOR EM12 PLOYEES OF THE INTELLIGENCE COMMU13 NITY. 

14 (a) STUDY.—The Director of National Intelligence 

15 shall conduct a study on the feasability of— 

16 (1) providing matching funds for contributions 

17 to college savings programs made by employees of ele18 ments of the intelligence community; and 

19 (2) establishing a program to pay the college tui20 tion of each child of an employee of an element of the 

21 intelligence community that has died in the perform22 ance of the official duties of such employee. 

23 (b) REPORT.—Not later than 180 days after the date 

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1 ligence shall submit to Congress a report containing the re2 sults of the study conducted under subsection (a). 

3 (c) COLLEGE SAVINGS PROGRAM DEFINED.—In this 

4 section, the term ‘‘college savings program’’ means— 

5 (1) a qualified tuition program, as defined in 

6 section 529 of the Internal Revenue Code of 1986; 

7 (2) a Coverdell education savings account, as de8 fined in section 530 of the Internal Revenue Code of 

9 1986; and 

10 (3) any other appropriate program providing 

11 tax incentives for saving funds to pay for college tui12 tion, as determined by the Director of National Intel13 ligence. 

14 SEC. 347. NATIONAL INTELLIGENCE ESTIMATE ON GLOBAL 

15 SUPPLY CHAIN VULNERABILITIES. 

16 (a) REPORT.—Not later than one year after the date 

17 of the enactment of this Act, the Director of National Intel18 ligence shall submit to Congress a National Intelligence Es19 timate or National Intelligence Assessment on the global 

20 supply chain to determine whether such supply chain poses 

21 a risk to defense and intelligence systems due to counterfeit 

22 components that may be defective or deliberately manipu23 lated by a foreign government or a criminal organization. 

24 (b) REVIEW OF MITIGATION.— 


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1 (1) NCIX REVIEW.—The National Counterintel2 ligence Executive shall conduct a review of the ade3 quacy of the mechanisms to identify and mitigate 

4 vulnerabilities in the global supply chain that pose a 

5 risk to defense and intelligence systems due to coun6 terfeit components that may be defective or delib7 erately manipulated by a foreign government or a 

8 criminal organization. 

9 (2) SUBMISSION.—Not later than one year after 

10 the date of the enactment of this Act, the National 

11 Counterintelligence Executive shall submit to Con12 gress a report containing the results of the review con13 ducted under paragraph (1). 

14 SEC. 348. 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 InVerDate Nov 24 2008 23:33 Jun 29, 2009 Jkt 079200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6203 E:\BILLS\H2701.RH H2701

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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. 349. REVIEW OF PENSIONS OF EMPLOYEES AFFECTED 

9 BY ‘‘FIVE AND OUT’’ PROGRAM OF THE FED10 ERAL BUREAU OF INVESTIGATION. 

11 None of the funds authorized to be appropriated by this 

12 Act may be used to implement the program of the Federal 

13 Bureau of Investigation requiring the mandatory reassign14 ment of a supervisor of the Bureau after such supervisor 

15 serves in a management position for seven years (commonly 

16 known as the ‘‘seven and out’’ program) until the Director 

17 of the Federal Bureau of Investigation submits to the con18 gressional intelligence committees a certification that the 

19 Director has completed a review of issues related to the pen20 sions of former employees of the Bureau affected by a pre21 vious program of mandatory reassignment after serving in 

22 a management position for five years (commonly known as 

23 the ‘‘five and out’’ program) and the effect of such program 

24 on the Bureau and the results of such review. 


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1 SEC. 350. SUMMARY OF INTELLIGENCE RELATING TO TER2 RORIST RECIDIVISM OF DETAINEES HELD AT 

3 UNITED STATES NAVAL STATION, GUANTA4 NAMO BAY, CUBA. 

5 Not later than 30 days after the date of the enactment 

6 of this Act, the Director of National Intelligence, in con7 sultation with the Director of the Central Intelligence Agen8 cy and the Director of the Defense Intelligence Agency, shall 

9 make publicly available an unclassified summary of— 

10 (1) intelligence relating to recidivism of detain11 ees currently or formerly held at United States Naval 

12 Station, Guantanamo Bay, Cuba, by the Department 

13 of Defense; and 

14 (2) an assessment of the likelihood that such de15 tainees will engage in terrorism or communicate with 

16 persons in terrorist organizations. 

17 SEC. 351. SUMMARY OF INTELLIGENCE ON UIGHUR DETAIN18 EES HELD AT UNITED STATES NAVAL STA19 TION, GUANTANAMO BAY, CUBA. 

20 Not later than 30 days after the date of the enactment 

21 of this Act, the Director of National Intelligence, in con22 sultation with the Director of the Central Intelligence Agen23 cy and the Director of the Defense Intelligence Agency, shall 

24 make publicly available an unclassified summary of— 

25 (1) intelligence relating to threats posed by 

26 Uighur detainees currently or formerly held at United 


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1 States Naval Station, Guantanamo Bay, Cuba, by the 

2 Department 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. 352. REPORT ON INTERROGATION RESEARCH AND 

7 TRAINING. 

8 (a) REQUIREMENT FOR REPORT.—Not later than De9 cember 31, 2009, the Director of National Intelligence, in 

10 coordination with the heads of the relevant elements of the 

11 intelligence community, shall submit to the congressional 

12 intelligence committees and the Committees on Appropria13 tions of the House of Representatives and the Senate a re14 port on the state of research, analysis, and training in in15 terrogation and debriefing practices. 

16 (b) CONTENT.—The report required under subsection 

17 (a) shall include— 

18 (1) an assessment of— 

19 (A) the quality and value of scientific and 

20 technical research in interrogation and debrief21 ing practices that has been conducted independ22 ently or in affiliation with the Federal Govern23 ment and the identification of areas in which 

24 additional research could potentially improve in25 terrogation practices; 


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1 (B) the state of interrogation and debriefing 

2 training in the intelligence community, includ3 ing the character and adequacy of the ethical 

4 component of such training, and the identifica5 tion of any gaps in training; 

6 (C) the adequacy of efforts to enhance career 

7 path options for intelligence community per8 sonnel that serve as interrogators and debriefers, 

9 including efforts to recruit and retain career per10 sonnel; and 

11 (D) the effectiveness of existing processes for 

12 studying and implementing lessons learned and 

13 best practices of interrogation and debriefing; 

14 and 

15 (2) any recommendations that the Director con16 siders appropriate for improving the performance of 

17 the intelligence community with respect to the issues 

18 described in subparagraphs (A) through (D) of para19 graph (1). 

20 SEC. 353. REPORT ON PLANS TO INCREASE DIVERSITY 

21 WITHIN THE INTELLIGENCE COMMUNITY. 

22 (a) REQUIREMENT FOR REPORT.—Not later than No23 vember 1, 2010, the Director of National Intelligence, in 

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1 ligence committees a report on the plans of each element 

2 to increase diversity within the intelligence community. 

3 (b) CONTENT.—The report required by subsection (a) 

4 shall include specific implementation plans to increase di5 versity within each element of the intelligence community, 

6 including— 

7 (1) specific implementation plans for each such 

8 element designed to achieve the goals articulated in 

9 the strategic plan of the Director of National Intel10 ligence on equal employment opportunity and diver11 sity; 

12 (2) specific plans and initiatives for each such 

13 element to increase recruiting and hiring of diverse 

14 candidates; 

15 (3) specific plans and initiatives for each such 

16 element to improve retention of diverse Federal em17 ployees at the junior, midgrade, senior, and manage18 ment levels; 

19 (4) a description of specific diversity awareness 

20 training and education programs for senior officials 

21 and managers of each such element; and 

22 (5) a description of performance metrics to 

23 measure the success of carrying out the plans, initia24 tives, and programs described in paragraphs (1) 

25 through (4). 


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1 SEC. 354. REVIEW OF FEDERAL BUREAU OF INVESTIGATION 

2 EXERCISE OF ENFORCEMENT JURISDICTION 

3 IN FOREIGN NATIONS. 

4 Not later than 60 days after the date of the enactment 

5 of this Act, the Director of the Federal Bureau of Investiga6 tion shall submit to the appropriate committees of Congress 

7 a review of constraints under international law and the 

8 laws of foreign nations to the assertion of enforcement juris9 diction with respect to criminal investigations of terrorism 

10 offenses under the laws of the United States conducted by 

11 agents of the Federal Bureau of Investigation in foreign na12 tions and using funds made available for the National In13 telligence Program, including constraints identified in sec14 tion 432 of the Restatement (Third) of the Foreign Rela15 tions Law of the United States. 

16 SEC. 355. REPEAL OF CERTAIN REPORTING REQUIRE17 MENTS. 

18 (a) ANNUAL REPORT ON INTELLIGENCE.—Section 109 

19 of the National Security Act of 1947 (50 U.S.C. 404d) is 

20 repealed. 

21 (b) ANNUAL CERTIFICATION ON COUNTERINTEL22 LIGENCE INITIATIVES.—Section 1102(b) of the National Se23 curity Act of 1947 (50 U.S.C. 442a(b)) is amended— 

24 (1) by striking ‘‘(1) The Director’’ and inserting 

25 ‘‘The Director’’ ; and 

26 (2) by striking paragraph (2). 


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1 (c) REPORT AND CERTIFICATION UNDER TERRORIST

2 IDENTIFICATION CLASSIFICATION SYSTEM.—Section 343 of 

3 the Intelligence Authorization Act for Fiscal Year 2003 (50 

4 U.S.C. 404n–2) is amended— 

5 (1) by striking subsection (d); and 

6 (2) by redesignating subsections (e), (f), (g), and 

7 (h) as subsections (d), (e), (f), and (g), respectively. 

8 (d) ANNUAL REPORT ON COUNTERDRUG INTEL9 LIGENCE MATTERS.—Section 826 of the Intelligence Au10 thorization Act for Fiscal Year 2003 (Public Law 107–306; 

11 116 Stat. 2429; 21 U.S.C. 873 note) is repealed. 

12 SEC. 356. INCORPORATION OF REPORTING REQUIREMENTS. 

13 Each requirement to submit a report to the congres14 sional intelligence committees that is included in the classi15 fied annex to this Act is hereby incorporated into this Act 

16 and is hereby made a requirement in law. 

17 SEC. 357. CONFORMING AMENDMENTS. 

18 (a) REPORT SUBMISSION DATES.—Section 507 of the 

19 National Security Act of 1947 (50 U.S.C. 415b) is amend20 ed— 

21 (1) in subsection (a)— 

22 (A) in paragraph (1)— 

23 (i) by striking subparagraphs (A) and 

24 (G); 


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1 (ii) by redesignating subparagraphs 

2 (B), (C), (D), (E), (F), (H), (I), and (N) as 

3 subparagraphs (A), (B), (C), (D), (E), (F), 

4 (G), and (H), respectively; and 

5 (iii) by adding at the end the following 

6 new subparagraphs: 

7 ‘‘(I) The annual report on financial intelligence 

8 on terrorist assets required by section 118. 

9 ‘‘(J) The annual report on foreign language pro10 ficiency in the intelligence community required by 

11 section 510.’’; and 

12 (B) in paragraph (2), by striking subpara13 graph (D); and 

14 (2) in subsection (b), by striking paragraph (6). 

15 (b) TABLE OF CONTENTS.—The table of contents in the 

16 first section of such Act (50 U.S.C. 401 note), as amended 

17 by section 313 of this Act, is further amended by— 

18 (1) striking the item relating to section 109; and 

19 (2) inserting after the item relating to section 

20 507 the following new items: 

‘‘Sec. 508. Annual personnel level assessment for the intelligence community. 

‘‘Sec. 509. Semiannual reports on the nuclear weapons programs of Iran, Syria, 

and North Korea. 

‘‘Sec. 510. Report on foreign language proficiency in the intelligence community. 

‘‘Sec. 511. Government Accountability Office analyses, evaluations, and investigations. 

‘‘Sec. 512. Certification of compliance with oversight requirements.’’. 


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1 Subtitle E—Other Matters 

2 SEC. 361. MODIFICATION OF AVAILABILITY OF FUNDS FOR 

3 DIFFERENT INTELLIGENCE ACTIVITIES. 

4 Subparagraph (B) of section 504(a)(3) of the National 

5 Security Act of 1947 (50 U.S.C. 414(a)(3)) is amended to 

6 read as follows: 

7 ‘‘(B) the use of such funds for such activity 

8 supports an emergent need, improves program 

9 effectiveness, or increases efficiency; and’’. 

10 SEC. 362. PROTECTION OF CERTAIN NATIONAL SECURITY 

11 INFORMATION. 

12 (a) INCREASE IN PENALTIES FOR DISCLOSURE OF UN13 DERCOVER INTELLIGENCE OFFICERS AND AGENTS.— 

14 (1) DISCLOSURE AFTER ACCESS TO INFORMA15 TION IDENTIFYING AGENT.—Subsection (a) of section 

16 601 of the National Security Act of 1947 (50 U.S.C. 

17 421) is amended by striking ‘‘ten years’’ and insert18 ing ‘‘15 years’’. 

19 (2) DISCLOSURE AFTER ACCESS TO CLASSIFIED

20 INFORMATION.—Subsection (b) of such section is 

21 amended by striking ‘‘five years’’ and inserting ‘‘10 

22 years’’. 

23 (b) MODIFICATIONS TO ANNUAL REPORT ON PROTEC24 TION OF INTELLIGENCE IDENTITIES.—The first sentence of 

25 section 603(a) of the National Security Act of 1947 (50 


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1 U.S.C. 423(a)) is amended by inserting ‘‘including an as2 sessment of the need for any modification of this title for 

3 the purpose of improving legal protections for covert 

4 agents,’’ after ‘‘measures to protect the identities of covert 

5 agents,’’. 

6 SEC. 363. EXTENSION OF AUTHORITY TO DELETE INFORMA7 TION ABOUT RECEIPT AND DISPOSITION OF 

8 FOREIGN GIFTS AND DECORATIONS. 

9 Paragraph (4) of section 7342(f) of title 5, United 

10 States Code, is amended to read as follows: 

11 ‘‘(4)(A) In transmitting such listings for an element 

12 of the intelligence community, the head of such element may 

13 delete the information described in subparagraph (A) or (C) 

14 of paragraph (2) or in subparagraph (A) or (C) of para15 graph (3) if the head of such element certifies in writing 

16 to the Secretary of State that the publication of such infor17 mation could adversely affect United States intelligence 

18 sources or methods. 

19 ‘‘(B) Any information not provided to the Secretary 

20 of State pursuant to the authority in subparagraph (A) 

21 shall be transmitted to the Director of National Intelligence 

22 who shall keep a record of such information. 

23 ‘‘(C) In this paragraph, the term ‘intelligence commu24 nity’ has the meaning given the term in section 3(4) of the 

25 National Security Act of 1947 (50 U.S.C. 401a(4)).’’. 


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1 SEC. 364. EXEMPTION OF DISSEMINATION OF TERRORIST 

2 IDENTITY INFORMATION FROM FREEDOM OF 

3 INFORMATION ACT. 

4 Section 119 of the National Security Act of 1947 (50 

5 U.S.C. Section 404o) is amended by adding at the end the 

6 following new subsection: 

7 ‘‘(k) EXEMPTION OF DISSEMINATION OF TERRORIST

8 IDENTITY INFORMATION FROM FREEDOM OF INFORMATION

9 ACT.—(1) Terrorist identity information disseminated for 

10 terrorist screening purposes or other authorized counterter11 rorism purposes shall be exempt from disclosure under sec12 tion 552 of title 5, United States Code. 

13 ‘‘(2) In this section: 

14 ‘‘(A) AUTHORIZED COUNTERTERRORISM PUR15 POSE.—The term ‘authorized counterterrorism pur16 pose’ includes disclosure to and appropriate use by an 

17 element of the Federal Government of terrorist identi18 fiers of persons reasonably suspected to be terrorists or 

19 supporters of terrorists. 

20 ‘‘(B) TERRORIST IDENTITY INFORMATION.—The 

21 term ‘terrorist identity information’ means— 

22 ‘‘(i) information from a database main23 tained by any element of the Federal Govern24 ment that would reveal whether an individual 

25 has or has not been determined to be a known 

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1 termined to be within the networks of contacts 

2 and support of a known or suspected terrorist; 

3 and 

4 ‘‘(ii) information related to a determination 

5 as to whether or not an individual is or should 

6 be included in the Terrorist Screening Database 

7 or other screening databases based on a deter8 mination that the individual is a known or sus9 pected terrorist. 

10 ‘‘(C) TERRORIST IDENTIFIERS.—The term ‘ter11 rorist identifiers’— 

12 ‘‘(i) includes— 

13 ‘‘(I) names and aliases; 

14 ‘‘(II) dates or places of birth; 

15 ‘‘(III) unique identifying numbers or 

16 information; 

17 ‘‘(IV) physical identifiers or bio18 metrics; and 

19 ‘‘(V) any other identifying information 

20 provided for watchlisting purposes; and 

21 ‘‘(ii) does not include derogatory informa22 tion or information that would reveal or com23 promise intelligence or law enforcement sources 

24 or methods.’’. 


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1 SEC. 365. MISUSE OF THE INTELLIGENCE COMMUNITY AND 

2 OFFICE OF THE DIRECTOR OF NATIONAL IN3 TELLIGENCE NAME, INITIALS, OR SEAL. 

4 (a) INTELLIGENCE COMMUNITY.—Title XI of the Na5 tional Security Act of 1947 (50 U.S.C. 442 et seq.) is 

6 amended by adding at the end the following new section: 

7 ‘‘MISUSE OF THE INTELLIGENCE COMMUNITY NAME, 

8 INITIALS, OR SEAL

9 ‘‘SEC. 1103. (a) PROHIBITED ACTS.—No person may, 

10 except with the written permission of the Director of Na11 tional Intelligence or a designee of the Director, knowingly 

12 use the words ‘intelligence community’, the initials ‘IC’, the 

13 seal of the intelligence community, or any colorable imita14 tion of such words, initials, or seal in connection with any 

15 merchandise, impersonation, solicitation, or commercial ac16 tivity in a manner reasonably calculated to convey the im17 pression that such use is approved, endorsed, or authorized 

18 by the Director of National Intelligence, except that employ19 ees of the intelligence community may use the intelligence 

20 community name, initials, and seal in accordance with reg21 ulations promulgated by the Director of National Intel22 ligence. 

23 ‘‘(b) INJUNCTION.—Whenever it appears to the Attor24 ney General that any person is engaged or is about to en25 gage in an act or practice which constitutes or will con26 stitute conduct prohibited by subsection (a), the Attorney 


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1 General may initiate a civil proceeding in a district court 

2 of the United States to enjoin such act or practice. Such 

3 court shall proceed as soon as practicable to the hearing 

4 and determination of such action and may, at any time 

5 before final determination, enter such restraining orders or 

6 prohibitions, or take such other action as is warranted, to 

7 prevent injury to the United States or to any person or 

8 class of persons for whose protection the action is brought.’’. 

9 (b) OFFICE OF THE DIRECTOR OF NATIONAL INTEL10 LIGENCE.—Title XI of the National Security Act of 1947 

11 (50 U.S.C. 442 et seq.), as amended by subsection (a) of 

12 this section, is further amended by adding at the end the 

13 following new section: 

14 ‘‘MISUSE OF THE OFFICE OF THE DIRECTOR OF NATIONAL

15 INTELLIGENCE NAME, INITIALS, OR SEAL

16 ‘‘SEC. 1104. (a) PROHIBITED ACTS.—No person may, 

17 except with the written permission of the Director of Na18 tional Intelligence or a designee of the Director, knowingly 

19 use the words ‘Office of the Director of National Intel20 ligence’, the initials ‘ODNI’, the seal of the Office of the 

21 Director of National Intelligence, or any colorable imitation 

22 of such words, initials, or seal in connection with any mer23 chandise, impersonation, solicitation, or commercial activ24 ity in a manner reasonably calculated to convey the impres25 sion that such use is approved, endorsed, or authorized by 

26 the Director of National Intelligence. 


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1 ‘‘(b) INJUNCTION.—Whenever it appears to the Attor2 ney General that any person is engaged or is about to en3 gage in an act or practice which constitutes or will con4 stitute conduct prohibited by subsection (a), the Attorney 

5 General may initiate a civil proceeding in a district court 

6 of the United States to enjoin such act or practice. Such 

7 court shall proceed as soon as practicable to the hearing 

8 and determination of such action and may, at any time 

9 before final determination, enter such restraining orders or 

10 prohibitions, or take such other action as is warranted, to 

11 prevent injury to the United States or to any person or 

12 class of persons for whose protection the action is brought.’’. 

13 (c) CONFORMING AMENDMENT.—The table of contents 

14 in the first section of such Act (50 U.S.C. 401 note), as 

15 amended by section 357 of this Act, is further amended by 

16 adding at the end the following new items: 

‘‘Sec. 1103. Misuse of the intelligence community name, initials, or seal. 

‘‘Sec. 1104. Misuse of the Office of the Director of National Intelligence name, initials, or seal.’’. 

17 SEC. 366. SECURITY CLEARANCES: REPORTS; OMBUDSMAN; 

18 RECIPROCITY. 

19 (a) REPORTS RELATING TO SECURITY CLEARANCES.— 

20 (1) QUADRENNIAL AUDIT; SECURITY CLEARANCE

21 DETERMINATIONS.— 

22 (A) IN GENERAL.—Title V of the National 

23 Security Act of 1947 (50 U.S.C. 413 et seq.), as 

24 amended by section 336 of this Act, is further 


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1 amended by adding at the end the following new 

2 section: 

3 ‘‘REPORTS ON SECURITY CLEARANCES

4 ‘‘SEC. 513. (a) QUADRENNIAL AUDIT OF POSITION RE5 QUIREMENTS.—(1) The President shall every four years 

6 conduct an audit of how the executive branch determines 

7 whether a security clearance is required for a particular 

8 position in the Federal 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 Federal Government employ18 ees 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 Federal 

24 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 amount of time it took to process 

7 the fastest 80 percent of security clearance deter8 minations for such level; 

9 ‘‘(ii) the amount of time it took to process 

10 the fastest 90 percent of security clearance deter11 minations for such level; 

12 ‘‘(iii) the number of open security clearance 

13 investigations for such level that have remained 

14 open for— 

15 ‘‘(I) 4 months or less; 

16 ‘‘(II) between 4 months and 8 months; 

17 ‘‘(III) between 8 months and 12 

18 months; and 

19 ‘‘(IV) more than a year; 

20 ‘‘(iv) the percentage of reviews during the 

21 preceding fiscal year that resulted in a denial or 

22 revocation of a security clearance; 

23 ‘‘(v) the percentage of investigations during 

24 the preceding fiscal year that resulted in incom25 plete information; 


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1 ‘‘(vi) the percentage of investigations during 

2 the preceding fiscal year that did not result in 

3 enough information to make a decision on poten4 tially adverse information; and 

5 ‘‘(vii) for security clearance determinations 

6 completed or ongoing during the preceding fiscal 

7 year that have taken longer than one year to 

8 complete— 

9 ‘‘(I) the number of security clearance 

10 determinations for positions as employees of 

11 the Federal Government that required more 

12 than one year to complete; 

13 ‘‘(II) the number of security clearance 

14 determinations for contractors that required 

15 more than one year to complete; 

16 ‘‘(III) the agencies that investigated 

17 and adjudicated such determinations; and 

18 ‘‘(IV) the cause of significant delays in 

19 such determinations. 

20 ‘‘(2) For purposes of paragraph (1), the Director of 

21 National Intelligence may consider— 

22 ‘‘(A) security clearances at the level of confiden23 tial and secret as one security clearance level; and 

24 ‘‘(B) security clearances at the level of top secret 

25 or higher as one security clearance level.’’. 


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1 (B) INITIAL AUDIT.—The first audit re2 quired to be conducted under section 513(a)(1) of 

3 the National Security Act of 1947 (as added by 

4 paragraph (1)) shall be completed not later than 

5 February 1, 2010. 

6 (C) CLERICAL AMENDMENT.—The table of 

7 contents in the first section of such Act (50 

8 U.S.C. 401 note), as amended by section 365 of 

9 this Act, is further amended by inserting after 

10 the item relating to section 512 the following new 

11 item: 

‘‘Sec. 513. Reports on security clearances.’’. 

12 (2) REPORT ON METRICS FOR ADJUDICATION

13 QUALITY.—Not later than 180 days after the date of 

14 enactment of this Act, the President shall submit to 

15 Congress a report on security clearance investigations 

16 and adjudications. Such report shall include— 

17 (A) Federal Government wide adjudication 

18 guidelines and metrics for adjudication quality; 

19 (B) a plan to improve the professional de20 velopment of security clearance adjudicators; 

21 (C) metrics to evaluate the effectiveness of 

22 interagency clearance reciprocity; 

23 (D) Federal Government wide investigation 

24 standards and metrics for investigation quality; 

25 and 


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1 (E) the feasibility, counterintelligence risk, 

2 and cost effectiveness of— 

3 (i) by not later than January 1, 2012, 

4 requiring the investigation and adjudica5 tion of security clearances to be conducted 

6 by not more than two Federal agencies; and 

7 (ii) by not later than January 1, 2015, 

8 requiring the investigation and adjudica9 tion of security clearances to be conducted 

10 by not more than one Federal agency. 

11 (b) OMBUDSMAN FOR INTELLIGENCE COMMUNITY SE12 CURITY CLEARANCES.— 

13 (1) IN GENERAL.—Title I of the National Secu14 rity Act of 1947 (50 U.S.C. 402 et seq.), as amended 

15 by section 303 of this Act, is further amended by in16 serting after section 103G the following new section: 

17 ‘‘OMBUDSMAN FOR INTELLIGENCE COMMUNITY SECURITY

18 CLEARANCES

19 ‘‘SEC. 103H. (a) APPOINTMENT.—The Director of Na20 tional Intelligence shall appoint an ombudsman for intel21 ligence community security clearances. 

22 ‘‘(b) PROVISION OF INFORMATION.—The head of an 

23 element of the intelligence community shall provide a per24 son applying for a security clearance through or in coordi25 nation with such element with contact information for the 

26 ombudsman appointed under subsection (a). 


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1 ‘‘(c) REPORT.—Not later than November 1 of each 

2 year, the ombudsman appointed under subsection (a) shall 

3 submit to the congressional intelligence committees a report 

4 containing— 

5 ‘‘(1) the number of persons applying for a secu6 rity clearance who have contacted the ombudsman 

7 during the preceding 12 months; and 

8 ‘‘(2) a summary of the concerns, complaints, and 

9 questions received by the ombudsman from persons 

10 applying for security clearances.’’. 

11 (2) APPOINTMENT DATE.—The Director of Na12 tional Intelligence shall appoint an ombudsman for 

13 intelligence community security clearances under sec14 tion 103H(a) of the National Security Act of 1947, as 

15 added by paragraph (1), not later than 120 days 

16 after the date of the enactment of this Act. 

17 (3) CONFORMING AMENDMENT.—The table of 

18 contents in the first section of such Act (50 U.S.C. 

19 401 note), as amended by subsection (a)(1)(C) of this 

20 section, is further amended by inserting after the item 

21 relating to section 103G the following new item: 

‘‘Sec. 103H. Ombudsman for intelligence community security clearances.’’. 

22 (c) SECURITY CLEARANCE RECIPROCITY.— 

23 (1) AUDIT.—The Inspector General of the Intel24 ligence Community shall conduct an audit of the reciVerDate Nov 24 2008 23:33 Jun 29, 2009 Jkt 079200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6203 E:\BILLS\H2701.RH H2701

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1 procity of security clearances in the intelligence com2 munity. 

3 (2) REPORT.—Not later than 120 days after the 

4 date of the enactment of this Act, the Inspector Gen5 eral of the Intelligence Community shall submit to the 

6 congressional intelligence committees a report con7 taining the results of the audit conducted under para8 graph (1). Such report shall include an assessment of 

9 the time required to obtain a reciprocal security 

10 clearance for— 

11 (A) an employee of an element of the intel12 ligence community detailed to another element of 

13 the intelligence community; 

14 (B) an employee of an element of the intel15 ligence community seeking permanent employ16 ment with another element of the intelligence 

17 community; and 

18 (C) a contractor seeking permanent employ19 ment with an element of the intelligence commu20 nity. 


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1 SEC. 367. LIMITATION ON USE OF FUNDS FOR THE TRANS2 FER OR RELEASE OF INDIVIDUALS DETAINED 

3 AT UNITED STATES NAVAL STATION, GUANTA4 NAMO BAY, CUBA. 

5 (a) IN GENERAL.—The Director of National Intel6 ligence may not use any of the amounts authorized to be 

7 appropriated in this Act for fiscal year 2010 or any subse8 quent fiscal year to release or transfer any individual de9 scribed in subsection (d) to the United States, its territories, 

10 or possessions, until 120 days after the President has sub11 mitted to the congressional defense committees the plan de12 scribed in subsection (b). 

13 (b) PLAN REQUIRED.—The President shall submit to 

14 Congress a plan on the disposition of each individual de15 scribed in subsection (d). Such plan shall include— 

16 (1) an assessment of the risk that the individual 

17 described in subsection (d) poses to the national secu18 rity of the United States, its territories, or posses19 sions; 

20 (2) a proposal for the disposition for each such 

21 individual; 

22 (3) a plan to mitigate any risks described in 

23 paragraph (1) should the proposed disposition re24 quired by paragraph (2) include the release or trans25 fer to the United States, its territories, or possessions 

26 of any such individual; and 


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1 (4) a summary of the consultation required in 

2 subsection (c). 

3 (c) CONSULTATION REQUIRED.—The President shall 

4 consult with the chief executive of the State, the District 

5 of Columbia, or the territory or possession of the United 

6 States to which the disposition in subsection (b) includes 

7 a release or transfer to that State, District of Columbia, 

8 or territory or possession. 

9 (d) DETAINEES DESCRIBED.—An individual described 

10 in this subsection is any individual who is located at 

11 United States Naval Station, Guantanamo Bay, Cuba, as 

12 of the date of the enactment of this Act, who— 

13 (1) is not a citizen of the United States; and 

14 (2) is— 

15 (A) in the custody or under the effective 

16 control of the Department of Defense, or 

17 (B) otherwise under detention at the United 

18 States Naval Station, Guantanamo Bay, Cuba. 

19 SEC. 368. INTELLIGENCE COMMUNITY FINANCIAL IMPROVE20 MENT AND AUDIT READINESS. 

21 (a) SENSE OF CONGRESS.—It is the sense of Congress 

22 that— 

23 (1) it is no longer excusable to allow poor busi24 ness systems, a deficiency of resources, or a lack of 

25 commitment from senior leadership of the intelligence 


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1 community to foster waste or nonaccountability to the 

2 United States taxpayer; 

3 (2) the Director of National Intelligence has not 

4 made compliance with financial management and 

5 audit readiness standards a top priority; and 

6 (3) the Director of National Intelligence should 

7 require each element of the intelligence community to 

8 develop and implement a specific plan to become com9 pliant with the law. 

10 (b) REVIEW; PLAN.—Not later than 180 days after the 

11 date of the enactment of this Act, the Director of National 

12 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 timeline 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. CLARIFICATION OF LIMITATION ON COLOCATION 

7 OF THE OFFICE OF THE DIRECTOR OF NA8 TIONAL INTELLIGENCE. 

9 Section 103 of the National Security Act of 1947 (50 

10 U.S.C. 403–3), as amended by section 302(1) of this Act, 

11 is further amended— 

12 (1) in subsection (f) (as so redesignated)— 

13 (A) in the heading, by striking ‘‘WITH’’ and 

14 inserting ‘‘OF HEADQUARTERS WITH HEAD15 QUARTERS OF’’; 

16 (B) by striking ‘‘Commencing as of October 

17 1, 2008, the’’ and inserting ‘‘(1) Except as pro18 vided in paragraph (2), the’’; 

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

20 paragraph (2) of this section, by inserting ‘‘the 

21 headquarters of’’ before ‘‘the Office’’; 

22 (D) in paragraph (1) (as so designated), by 

23 striking ‘‘any other element’’ and inserting ‘‘the 

24 headquarters of any other element’’; and 


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1 (E) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) The President may waive the limitation in para4 graph (1) if the President determines that— 

5 ‘‘(A) a waiver is in the interests of national se6 curity; or 

7 ‘‘(B) the costs of a headquarters of the Office of 

8 the Director of National Intelligence that is separate 

9 from the headquarters of the other elements of the in10 telligence community outweighs the potential benefits 

11 of the separation.’’; and 

12 (2) by adding at the end the following new sub13 section: 

14 ‘‘(g) LOCATION OF THE OFFICE OF THE DIRECTOR OF

15 NATIONAL INTELLIGENCE.—The headquarters of the Office 

16 of the Director of National Intelligence may be located in 

17 the Washington metropolitan region (as defined in section 

18 8301 of title 40, United States Code).’’. 

19 SEC. 402. MEMBERSHIP OF THE DIRECTOR OF NATIONAL 

20 INTELLIGENCE ON THE TRANSPORTATION 

21 SECURITY OVERSIGHT BOARD. 

22 Subparagraph (F) of section 115(b)(1) of title 49, 

23 United States Code, is amended to read as follows: 

24 ‘‘(F) The Director of National Intelligence, 

25 or the Director’s designee.’’. 


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1 SEC. 403. ADDITIONAL DUTIES OF THE DIRECTOR OF 

2 SCIENCE AND TECHNOLOGY. 

3 Section 103E of the National Security Act of 1947 (50 

4 U.S.C. 403–3e) is amended— 

5 (1) in subsection (c)— 

6 (A) by redesignating paragraph (5) as 

7 paragraph (7); 

8 (B) in paragraph (4), by striking ‘‘; and’’ 

9 and inserting ‘‘;’’; and 

10 (C) by inserting after paragraph (4) the fol11 lowing new paragraphs: 

12 ‘‘(5) assist the Director of National Intelligence 

13 in establishing goals for basic, applied, and advanced 

14 research to meet the technology needs of the intel15 ligence community; 

16 ‘‘(6) submit to the congressional intelligence com17 mittees an annual report on the science and tech18 nology strategy of the Director that shows resources 

19 mapped to the goals of the intelligence community; 

20 and’’; and 

21 (2) in subsection (d)(3)— 

22 (A) in subparagraph (A)— 

23 (i) by inserting ‘‘and prioritize’’ after 

24 ‘‘coordinate’’; and 

25 (ii) by striking ‘‘; and’’ and inserting 

26 ‘‘;’’; 


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1 (B) by redesignating subparagraph (B) as 

2 subparagraph (C); and 

3 (C) by inserting after subparagraph (A) the 

4 following new subparagraph: 

5 ‘‘(B) identify basic, advanced, and applied 

6 research programs to be executed by elements of 

7 the intelligence community; and’’. 

8 SEC. 404. PLAN TO IMPLEMENT RECOMMENDATIONS OF 

9 THE DATA CENTER ENERGY EFFICIENCY RE10 PORTS. 

11 (a) PLAN.—The Director of National Intelligence shall 

12 develop a plan to implement the recommendations of the 

13 report submitted to Congress under section 1 of the Act enti14 tled ‘‘An Act to study and promote the use of energy effi15 cient computer servers in the United States’’ (Public Law 

16 109–431; 120 Stat. 2920) across the intelligence commu17 nity. 

18 (b) REPORT.— 

19 (1) IN GENERAL.—Not later than 180 days after 

20 the date of the enactment of this Act, the Director of 

21 National Intelligence shall submit to the congressional 

22 intelligence committees a report containing the plan 

23 developed under subsection (a). 


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1 (2) FORM.—The report under paragraph (1) 

2 shall be submitted in unclassified form, but may con3 tain a classified annex. 

4 SEC. 405. TITLE OF CHIEF INFORMATION OFFICER OF THE 

5 INTELLIGENCE COMMUNITY. 

6 Section 103G of the National Security Act of 1947 (50 

7 U.S.C. 403–3g) is amended— 

8 (1) in subsection (a), by inserting ‘‘of the Intel9 ligence Community’’ after ‘‘Chief Information Offi10 cer’’; 

11 (2) in subsection (b), by inserting ‘‘of the Intel12 ligence Community’’ after ‘‘Chief Information Offi13 cer’’; 

14 (3) in subsection (c) in the matter preceding 

15 paragraph (1), by inserting ‘‘of the Intelligence Com16 munity’’ after ‘‘Chief Information Officer’’; and 

17 (4) in subsection (d), by inserting ‘‘of the Intel18 ligence Community’’ after ‘‘Chief Information Offi19 cer’’. 

20 SEC. 406. INSPECTOR GENERAL OF THE INTELLIGENCE 

21 COMMUNITY. 

22 (a) ESTABLISHMENT.— 

23 (1) IN GENERAL.—Title I of the National Secu24 rity Act of 1947 (50 U.S.C. 402 et seq.), as amended 

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1 serting after section 103H (as added by such section 

2 366) the following new section: 

3 ‘‘INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY

4 ‘‘SEC. 103I. (a) OFFICE OF INSPECTOR GENERAL OF

5 INTELLIGENCE COMMUNITY.—There is within the Office of 

6 the Director of National Intelligence an Office of the Inspec7 tor General of the Intelligence Community. 

8 ‘‘(b) PURPOSE.—The purpose of the Office of the In9 spector General of the Intelligence Community is to— 

10 ‘‘(1) be an independent and objective office ap11 propriately accountable to Congress and to initiate 

12 and conduct investigations, inspections, and audits 

13 on matters within the responsibility and authority of 

14 the Director of National Intelligence; 

15 ‘‘(2) recommend policies designed— 

16 ‘‘(A) to promote economy, efficiency, and ef17 fectiveness in the administration and implemen18 tation of matters within the responsibility and 

19 authority of the Director of National Intelligence; 

20 and 

21 ‘‘(B) to prevent and detect fraud and abuse 

22 in such matters; 

23 ‘‘(3) provide a means for keeping the Director of 

24 National Intelligence fully and currently informed 

25 about— 


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1 ‘‘(A) problems and deficiencies relating to 

2 matters within the responsibility and authority 

3 of the Director of National Intelligence; and 

4 ‘‘(B) the necessity for, and the progress of, 

5 corrective actions; and 

6 ‘‘(4) in the manner prescribed by this section, 

7 ensure that the congressional intelligence committees 

8 are kept informed of— 

9 ‘‘(A) significant problems and deficiencies 

10 relating to matters within the responsibility and 

11 authority of the Director of National Intelligence; 

12 and 

13 ‘‘(B) the necessity for, and the progress of, 

14 corrective actions. 

15 ‘‘(c) INSPECTOR GENERAL OF INTELLIGENCE COMMU16 NITY.—(1) There is an Inspector General of the Intelligence 

17 Community, who shall be the head of the Office of the In18 spector General of the Intelligence Community, who shall 

19 be appointed by the President, by and with the advice and 

20 consent of the Senate. 

21 ‘‘(2) The nomination of an individual for appointment 

22 as Inspector General shall be made— 

23 ‘‘(A) without regard to political affiliation; 

24 ‘‘(B) on the basis of integrity, compliance with 

25 the security standards of the intelligence community, 


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1 and prior experience in the field of intelligence or na2 tional security; 

3 ‘‘(C) on the basis of demonstrated ability in ac4 counting, financial analysis, law, management anal5 ysis, public administration, or auditing; and 

6 ‘‘(D) on the basis of expertise in investigations. 

7 ‘‘(3) The Inspector General shall report directly to the 

8 Director of National Intelligence. 

9 ‘‘(4) The Inspector General may be removed from office 

10 only by the President. The President shall communicate in 

11 writing to the congressional intelligence committees the rea12 sons for the removal of any individual from the position 

13 of Inspector General not later than 30 days before the date 

14 on which the Inspector General is removed from office. 

15 ‘‘(d) DUTIES AND RESPONSIBILITIES.—Subject to sub16 sections (g) and (h), the Inspector General of the Intel17 ligence Community shall— 

18 ‘‘(1) provide policy direction for, and plan, con19 duct, supervise, and coordinate independently, the in20 vestigations, inspections, and audits relating to mat21 ters within the responsibility and authority of the Di22 rector of National Intelligence to ensure they are con23 ducted efficiently and in accordance with applicable 

24 law and regulations; 


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1 ‘‘(2) keep the Director of National Intelligence 

2 and Congress fully and currently informed concerning 

3 violations of law and regulations, violations of civil 

4 liberties and privacy, fraud and other serious prob5 lems, abuses, and deficiencies that may occur in mat6 ters within the responsibility and authority of the Di7 rector, and report the progress made in implementing 

8 corrective action; 

9 ‘‘(3) take due regard for the protection of intel10 ligence sources and methods in the preparation of all 

11 reports issued by the Inspector General, and, to the 

12 extent consistent with the purpose and objective of 

13 such reports, take such measures as may be appro14 priate to minimize the disclosure of intelligence 

15 sources and methods described in such reports; and 

16 ‘‘(4) in the execution of the duties and respon17 sibilities under this section, comply with generally ac18 cepted Federal Government auditing standards. 

19 ‘‘(e) LIMITATIONS ON ACTIVITIES.—(1)(A) Subject to 

20 subparagraph (B), the Director of National Intelligence 

21 may prohibit the Inspector General of the Intelligence Com22 munity from initiating, carrying out, or completing any 

23 investigation, inspection, or audit if the Director deter24 mines that such prohibition is necessary to protect vital na25 tional security interests of the United States. 


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1 ‘‘(B) The Director of National Intelligence may not 

2 prohibit an investigation, inspection, or audit under sub3 paragraph (A) solely on the basis of the level of classifica4 tion or compartmentation of information that the Inspector 

5 General may seek access to while conducting such investiga6 tion, inspection, or audit. 

7 ‘‘(2) If the Director exercises the authority under para8 graph (1), the Director shall submit to the congressional in9 telligence committees an appropriately classified statement 

10 of the reasons for the exercise of such authority within 7 

11 days. 

12 ‘‘(3) The Director shall notify the Inspector General 

13 at the time a report under paragraph (2) is submitted, and, 

14 to the extent consistent with the protection of intelligence 

15 sources and methods, provide the Inspector General with a 

16 copy of such report. 

17 ‘‘(4) The Inspector General shall submit to the congres18 sional intelligence committees any comments on a report 

19 of which the Inspector General has notice under paragraph 

20 (3) that the Inspector General considers appropriate. 

21 ‘‘(f) AUTHORITIES.—(1) The Inspector General of the 

22 Intelligence Community shall have direct and prompt ac23 cess to the Director of National Intelligence when necessary 

24 for any purpose pertaining to the performance of the duties 

25 of the Inspector General. 


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1 ‘‘(2)(A) The Inspector General shall have access to any 

2 employee, or any employee of a contractor, of any element 

3 of the intelligence community whose testimony is needed for 

4 the performance of the duties of the Inspector General. 

5 ‘‘(B) The Inspector General shall have direct access to 

6 all records, reports, audits, reviews, documents, papers, rec7 ommendations, or other material which relate to the pro8 grams and operations with respect to which the Inspector 

9 General has responsibilities under this section. 

10 ‘‘(C) The Director or, on the recommendation of the 

11 Director, another appropriate official of the intelligence 

12 community, shall take appropriate administrative action 

13 against an employee, or employee of a contractor, of an ele14 ment of the intelligence community that fails to cooperate 

15 with the Inspector General. Such administrative action 

16 may include loss of employment or termination of an exist17 ing contractual relationship. 

18 ‘‘(3) The Inspector General shall, in accordance with 

19 subsection (g), receive and investigate 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 Federal Government— 

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 may be taken 

13 by any employee, unless the complaint was made or 

14 the information was disclosed with the knowledge that 

15 it was false or with willful disregard for its truth or 

16 falsity. 

17 ‘‘(4) The Inspector General shall administer to or take 

18 from any person an oath, affirmation, or affidavit, when19 ever necessary in the performance of the duties of the In20 spector General, which oath, affirmation, or affidavit when 

21 administered or taken by or before an employee of the Office 

22 of the Inspector General of the Intelligence Community des23 ignated by the Inspector General shall have the same force 

24 and effect as if administered or taken by, or before, an offi25 cer having a seal. 


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1 ‘‘(5)(A) Except as provided in subparagraph (B), the 

2 Inspector General may require by subpoena the production 

3 of all information, documents, reports, answers, records, ac4 counts, papers, and other data and documentary evidence 

5 necessary in the performance of the duties and responsibil6 ities of the Inspector General. 

7 ‘‘(B) In the case of departments, agencies, and other 

8 elements of the United States Government, the Inspector 

9 General shall obtain information, documents, reports, an10 swers, records, accounts, papers, and other data and evi11 dence for the purpose specified in subparagraph (A) using 

12 procedures other than by subpoenas. 

13 ‘‘(C) The Inspector General may not issue a subpoena 

14 for, or on behalf of, any element of the intelligence commu15 nity, including the Office of the Director of National Intel16 ligence. 

17 ‘‘(D) In the case of contumacy or refusal to obey a 

18 subpoena issued under this paragraph, the subpoena shall 

19 be enforceable by order of any appropriate district court 

20 of the United States. 

21 ‘‘(6) The Inspector General may obtain services as au22 thorized under section 3109 of title 5, United States Code, 

23 at rates for individuals not to exceed the daily equivalent 

24 of the maximum annual rate of basic pay payable for grade 


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1 GS–15 of the General Schedule under section 5332 of title 

2 5, United States Code. 

3 ‘‘(7) The Inspector may, to the extent and in such 

4 amounts as may be provided in advance by appropriations 

5 Acts, enter into contracts and other arrangements for au6 dits, studies, analyses, and other services with public agen7 cies and with private persons, and to make such payments 

8 as may be necessary to carry out the provisions of this sec9 tion. 

10 ‘‘(g) COORDINATION AMONG THE INSPECTORS GEN11 ERAL OF THE INTELLIGENCE COMMUNITY.—(1)(A) If a 

12 matter within the jurisdiction of the Inspector General of 

13 the Intelligence Community that may be subject to an inves14 tigation, inspection, review, or audit by both the Inspector 

15 General of the Intelligence Community and an inspector 

16 general with oversight responsibility for an element of the 

17 intelligence community, the Inspector General of the Intel18 ligence Community and such other inspector general shall 

19 expeditiously resolve the question of which inspector general 

20 shall conduct such investigation, inspection, review, or 

21 audit to avoid unnecessary duplication of the activities of 

22 the inspectors general. 

23 ‘‘(B) In attempting to resolve a question under sub24 paragraph (A), the inspectors general concerned may re25 quest the assistance of the Intelligence Community InspecVerDate Nov 24 2008 23:33 Jun 29, 2009 Jkt 079200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6203 E:\BILLS\H2701.RH H2701

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1 tors General Forum established under subparagraph (C). If 

2 a dispute between an inspector general within an agency 

3 or department of the United States Government and the In4 spector General of the Intelligence Community has not been 

5 resolved with the assistance of the Forum, the inspectors 

6 general shall submit the question to the Director of National 

7 Intelligence and the head of the affected agency or depart8 ment for resolution. 

9 ‘‘(C) There is established the Intelligence Community 

10 Inspectors General Forum which shall consist of all statu11 tory or administrative inspectors general with oversight re12 sponsibility for an element of the intelligence community. 

13 The Inspector General of the Intelligence Community shall 

14 serve as the chair of the Forum. The Forum shall have no 

15 administrative authority over any inspector general, but 

16 shall serve as a mechanism for informing its members of 

17 the work of individual members of the Forum that may be 

18 of common interest and discussing questions about jurisdic19 tion or access to employees, employees of a contractor, 

20 records, audits, reviews, documents, recommendations, or 

21 other materials that may involve or be of assistance to more 

22 than one of its members. 

23 ‘‘(2) The inspector general conducting an investiga24 tion, inspection, review, or audit referred to in paragraph 

25 (1) shall submit the results of such investigation, inspection, 


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1 review, or audit to any other inspector general, including 

2 the Inspector General of the Intelligence Community, with 

3 jurisdiction to conduct such investigation, inspection, re4 view, or audit who did not conduct such investigation, in5 spection, review, or audit. 

6 ‘‘(h) STAFF AND OTHER SUPPORT.—(1) The Director 

7 of National Intelligence shall provide the Inspector General 

8 of the Intelligence Community with appropriate and ade9 quate office space at central and field office locations and 

10 with such equipment, office supplies, maintenance services, 

11 and communications facilities and services as may be nec12 essary for the operation of such offices. 

13 ‘‘(2)(A) The Inspector General shall select, appoint, 

14 and employ such officers and employees as may be nec15 essary to carry out the functions, powers, and duties of the 

16 Inspector General. The Inspector General shall ensure that 

17 any officer or employee selected, appointed, or employed has 

18 a security clearance appropriate for the assigned duties of 

19 such officer or employee. 

20 ‘‘(B) In making selections under subparagraph (A), 

21 the Inspector General shall ensure that such officers and 

22 employees have the requisite training and experience to en23 able the Inspector General to carry out the duties of the 

24 Inspector General effectively. 


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1 ‘‘(C) In meeting the requirements of this paragraph, 

2 the Inspector General shall recommend policies to the Direc3 tor of National Intelligence to create within the intelligence 

4 community a career cadre of sufficient size to provide ap5 propriate continuity and objectivity needed for the effective 

6 performance of the duties of the Inspector General. 

7 ‘‘(3)(A) The Inspector General may, in consultation 

8 with the Director, request such information or assistance 

9 as may be necessary for carrying out the duties and respon10 sibilities of the Inspector General from any department, 

11 agency, or other element of the United States Government. 

12 ‘‘(B) Upon request of the Inspector General for infor13 mation or assistance under subparagraph (A), the head of 

14 the department, agency, or element concerned shall furnish 

15 to the Inspector General, or to an authorized designee, such 

16 information or assistance. 

17 ‘‘(C) The Inspector General of the Intelligence Commu18 nity may, upon reasonable notice to the head of any element 

19 of the intelligence community and in coordination with the 

20 inspector general of that element pursuant to subsection (g), 

21 conduct an inspection, review, or audit of such element and 

22 may enter into any place occupied by such element for pur23 poses of the performance of the duties of the Inspector Gen24 eral. 


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1 ‘‘(i) REPORTS.—(1)(A) Not later than January 31 and 

2 July 31 of each year, the Inspector General of the Intel3 ligence Community shall prepare and submit to the Direc4 tor of National Intelligence a report summarizing the ac5 tivities of the Office of the Inspector General of the Intel6 ligence Community during the preceding six-month period. 

7 The Inspector General of the Intelligence Community shall 

8 provide any portion of the report involving a component 

9 of a department of the United States Government to the 

10 head of that department simultaneously with submission of 

11 the report to the Director of National Intelligence. 

12 ‘‘(B) Each report under this paragraph shall include 

13 the following: 

14 ‘‘(i) A list of the titles or subjects of each inves15 tigation, inspection, review, or audit conducted dur16 ing the period covered by such report, including a 

17 summary of the progress of each particular investiga18 tion, inspection, or audit since the preceding report 

19 of the Inspector General under this paragraph. 

20 ‘‘(ii) A description of significant problems, 

21 abuses, and deficiencies relating to the administration 

22 and implementation of programs and operations of 

23 the intelligence community, and in the relationships 

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1 tified by the Inspector General during the period cov2 ered by such report. 

3 ‘‘(iii) A description of the recommendations for 

4 disciplinary action made by the Inspector General 

5 during the period covered by such report with respect 

6 to significant problems, abuses, or deficiencies de7 scribed in clause (ii). 

8 ‘‘(iv) A statement of whether or not corrective or 

9 disciplinary action has been completed on each sig10 nificant recommendation described in previous semi11 annual reports, and, in a case where corrective action 

12 has been completed, a description of such corrective 

13 action. 

14 ‘‘(v) A certification of whether or not the Inspec15 tor General has had full and direct access to all infor16 mation relevant to the performance of the functions of 

17 the Inspector General. 

18 ‘‘(vi) A description of the exercise of the sub19 poena authority under subsection (f)(5) by the Inspec20 tor General during the period covered by such report. 

21 ‘‘(vii) Any recommendations that the Inspector 

22 General considers appropriate for legislation to pro23 mote economy, efficiency, and effectiveness in the ad24 ministration and implementation of matters within 

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1 tional Intelligence, and to detect and eliminate fraud 

2 and abuse in such matters. 

3 ‘‘(C) Not later than 30 days after the date of receipt 

4 of a report under subparagraph (A), the Director shall sub5 mit the report to the congressional intelligence committees 

6 together with any comments the Director considers appro7 priate. 

8 ‘‘(D) Each report submitted under subparagraphs (A) 

9 and (C) shall be submitted in unclassified form, but may 

10 include a classified annex. 

11 ‘‘(2)(A) The Inspector General shall report imme12 diately to the Director whenever the Inspector General be13 comes aware of particularly serious or flagrant problems, 

14 abuses, or deficiencies relating to matters within the respon15 sibility and authority of the Director of National Intel16 ligence. 

17 ‘‘(B) The Director shall submit to the congressional in18 telligence committees each report under subparagraph (A) 

19 within 7 days of the receipt of such report, together with 

20 such comments as the Director considers appropriate. The 

21 Director shall submit to the committees of the Senate and 

22 of the House of Representatives with jurisdiction over a de23 partment of the United States Government any portion of 

24 each report under subparagraph (A) that involves a prob25 lem, abuse, or deficiency related to a component of such deVerDate Nov 24 2008 23:33 Jun 29, 2009 Jkt 079200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6203 E:\BILLS\H2701.RH H2701

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1 partment simultaneously with transmission of the report to 

2 the congressional intelligence committees. 

3 ‘‘(3) The Inspector General shall immediately notify 

4 and submit a report to the congressional intelligence com5 mittees on an investigation, inspection, review, or audit 

6 if— 

7 ‘‘(A) the Inspector General is unable to resolve 

8 any significant differences with the Director affecting 

9 the execution of the duties or responsibilities of the 

10 Inspector General; 

11 ‘‘(B) the investigation, inspection, review, or 

12 audit carried out by the Inspector General focuses on 

13 any current or former intelligence community official 

14 who— 

15 ‘‘(i) holds or held a position in an element 

16 of the intelligence community that is subject to 

17 appointment by the President, whether or not by 

18 and with the advice and consent of the Senate, 

19 including such a position held on an acting 

20 basis; 

21 ‘‘(ii) holds or held a position in an element 

22 of the intelligence community, including a posi23 tion held on an acting basis, that is appointed 

24 by the Director of National Intelligence; or 


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1 ‘‘(iii) holds or held a position as head of an 

2 element of the intelligence community or a posi3 tion covered by subsection (b) or (c) of section 

4 106; 

5 ‘‘(C) a matter requires a report by the Inspector 

6 General to the Department of Justice on possible 

7 criminal conduct by a current or former official de8 scribed in subparagraph (B); 

9 ‘‘(D) the Inspector General receives notice from 

10 the Department of Justice declining or approving 

11 prosecution of possible criminal conduct of any cur12 rent or former official described in subparagraph (B); 

13 or 

14 ‘‘(E) the Inspector General, after exhausting all 

15 possible alternatives, is unable to obtain significant 

16 documentary information in the course of such inves17 tigation, inspection, review, or audit. 

18 ‘‘(4)(A) An employee of an element of the intelligence 

19 community, an employee assigned or detailed to an element 

20 of the intelligence community, or an employee of a con21 tractor of the intelligence community who intends to report 

22 to Congress a complaint or information with respect to an 

23 urgent concern may report such complaint or information 

24 to the Inspector General. 


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1 ‘‘(B) Not later than the end of the 14-day period begin2 ning on the date of receipt from an employee of a complaint 

3 or information under subparagraph (A), the Inspector Gen4 eral shall determine whether the complaint or information 

5 appears credible. Upon making such a determination, the 

6 Inspector General shall submit to the Director a notice of 

7 that determination, together with the complaint or informa8 tion. 

9 ‘‘(C) Upon receipt of a submittal from the Inspector 

10 General under subparagraph (B), the Director shall, not 

11 later than 7 days after such receipt, forward such trans12 mittal to the congressional intelligence committees, together 

13 with 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 submit 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 intelligence committees in accordance with 

9 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 clause (ii) does so in that member or employ13 ee’s official capacity as a member or employee of such com14 mittee. 

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) Nothing in this paragraph shall be construed to 

25 limit the protections afforded an employee of or contractor 


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1 to the Central Intelligence Agency under section 17(e)(3) 

2 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 

3 403q(e)(3)). 

4 ‘‘(H) In this paragraph, the term ‘urgent concern’ 

5 means any of the following: 

6 ‘‘(i) A serious or flagrant problem, abuse, viola7 tion of law or Executive order, or deficiency relating 

8 to the funding, administration, or operation of an in9 telligence activity involving classified information, 

10 but does not include differences of opinions con11 cerning public policy matters. 

12 ‘‘(ii) A false statement to Congress, or a willful 

13 withholding from Congress, on an issue of material 

14 fact relating to the funding, administration, or oper15 ation of an intelligence activity. 

16 ‘‘(iii) An action, including a personnel action 

17 described in section 2302(a)(2)(A) of title 5, United 

18 States Code, constituting reprisal or threat of reprisal 

19 prohibited under subsection (f)(3)(B) of this section. 

20 ‘‘(5) In accordance with section 535 of title 28, United 

21 States Code, the Inspector General shall report to the Attor22 ney General any information, allegation, or complaint re23 ceived by the Inspector General relating to violations of 

24 Federal criminal law that involves a program or operation 

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1 tionships between the elements of the intelligence commu2 nity, consistent with such guidelines as may be issued by 

3 the Attorney General pursuant to subsection (b)(2) of such 

4 section. A copy of each such report shall be furnished to 

5 the Director. 

6 ‘‘(j) SEPARATE BUDGET ACCOUNT.—The Director of 

7 National Intelligence shall, in accordance with procedures 

8 to be issued by the Director in consultation with the con9 gressional intelligence committees, include in the National 

10 Intelligence Program budget a separate account for the Of11 fice of Inspector General of the Intelligence Community. 

12 ‘‘(k) CONSTRUCTION OF DUTIES REGARDING ELE13 MENTS OF INTELLIGENCE COMMUNITY.—Except as resolved 

14 pursuant to subsection (g), the performance by the Inspector 

15 General of the Intelligence Community of any duty, respon16 sibility, or function regarding an element of the intelligence 

17 community shall not be construed to modify or affect the 

18 duties and responsibilities of any other inspector general 

19 having duties and responsibilities relating to such ele20 ment.’’. 

21 (2) CLERICAL AMENDMENT.—The table of con22 tents in the first section of the National Security Act 

23 of 1947 (50 U.S.C. 401 note), as amended by section 

24 366 of this Act, is further amended by inserting after 


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1 the item relating to section 103H the following new 

2 item: 

‘‘Sec. 103I. Inspector General of the Intelligence Community.’’. 

3 (b) REPEAL OF SUPERSEDED AUTHORITY TO ESTAB4 LISH POSITION.—Section 8K of the Inspector General Act 

5 of 1978 (5 U.S.C. App.) is repealed. 

6 (c) EXECUTIVE SCHEDULE LEVEL III.—Section 5314 

7 of title 5, United States Code, is amended by adding at 

8 the end the following new item: 

9 ‘‘Inspector General of the Intelligence Commu10 nity.’’. 

11 (d) APPLICABILITY DATE; TRANSITION.— 

12 (1) APPLICABILITY.—The amendment made by 

13 subsection (b) shall apply on the earlier of— 

14 (A) the date of the appointment by the 

15 President and confirmation by the Senate of an 

16 individual to serve as Inspector General of the 

17 Intelligence Community; or 

18 (B) the date of the cessation of the perform19 ance of the duties of the Inspector General of the 

20 Intelligence Community by the individual serv21 ing as the Inspector General of the Office of the 

22 Director of National Intelligence as of the date of 

23 the enactment of this Act. 

24 (2) TRANSITION.—The individual serving as the 

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1 tional Intelligence as of the date of the enactment of 

2 this Act shall perform the duties of the Inspector Gen3 eral of the Intelligence Community until the indi4 vidual appointed to the position of Inspector General 

5 of the Intelligence Community assumes the duties of 

6 such position. 

7 Subtitle B—Central Intelligence 

8 Agency 

9 SEC. 411. REVIEW OF COVERT ACTION PROGRAMS BY IN10 SPECTOR GENERAL OF THE CENTRAL INTEL11 LIGENCE AGENCY. 

12 (a) IN GENERAL.—Section 503 of the National Secu13 rity Act of 1947 (50 U.S.C. 413b), as amended by section 

14 321 of this Act, is further amended— 

15 (1) by redesignating subsection (e) as subsection 

16 (i) and transferring such subsection to the end; and 

17 (2) by inserting after subsection (d) the following 

18 new subsection: 

19 ‘‘(e) INSPECTOR GENERAL AUDITS OF COVERT AC20 TIONS.— 

21 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the 

22 Inspector General of the Central Intelligence Agency 

23 shall conduct an audit of each covert action at least 

24 every 3 years. Such audits shall be conducted subject 

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1 section (b) of section 17 of the Central Intelligence 

2 Agency Act of 1949 (50 U.S.C. 403q). 

3 ‘‘(2) TERMINATED, SUSPENDED PROGRAMS.—The 

4 Inspector General of the Central Intelligence Agency 

5 is not required to conduct an audit under paragraph 

6 (1) of a covert action that has been terminated or sus7 pended if such covert action was terminated or sus8 pended prior to the last audit of such covert action 

9 conducted by the Inspector General and has not been 

10 restarted after the date on which such audit was com11 pleted. 

12 ‘‘(3) REPORT.—Not later than 60 days after the 

13 completion of an audit conducted pursuant to para14 graph (1), the Inspector General of the Central Intel15 ligence Agency shall submit to the congressional intel16 ligence committees a report containing the results of 

17 such audit.’’. 

18 (b) CONFORMING AMENDMENTS.—Title V of the Na19 tional Security Act of 1947 (50 U.S.C. 413 et seq.) is 

20 amended— 

21 (1) in section 501(f) (50 U.S.C. 413(f)), by strik22 ing ‘‘503(e)’’ and inserting ‘‘503(i)’’; 

23 (2) in section 502(a)(1) (50 U.S.C. 413b(a)(1)), 

24 by striking ‘‘503(e)’’ and inserting ‘‘503(i)’’; and 


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1 (3) in section 504(c) (50 U.S.C. 414(c)), by 

2 striking ‘‘503(e)’’ and inserting ‘‘503(i)’’. 

3 SEC. 412. PROHIBITION ON THE USE OF PRIVATE CONTRAC4 TORS FOR INTERROGATIONS INVOLVING PER5 SONS IN THE CUSTODY OF THE CENTRAL IN6 TELLIGENCE AGENCY. 

7 The Central Intelligence Agency Act of 1949 (50 U.S.C. 

8 403a et seq.) is amended by adding at the end the following 

9 new section: 

10 ‘‘PROHIBITION ON THE USE OF PRIVATE CONTRACTORS

11 FOR INTERROGATIONS INVOLVING PERSONS IN THE

12 CUSTODY OF THE CENTRAL INTELLIGENCE AGENCY

13 ‘‘SEC. 24. (a) PROHIBITION.—Notwithstanding any 

14 other provision of law, the Director of the Central Intel15 ligence Agency shall not expend or obligate funds for pay16 ment to any contractor to conduct the interrogation of a 

17 detainee or prisoner in the custody of the Central Intel18 ligence Agency. 

19 ‘‘(b) EXCEPTION.— 

20 ‘‘(1) IN GENERAL.—The Director of the Central 

21 Intelligence Agency may request, and the Director of 

22 National Intelligence may grant, a written waiver of 

23 the requirement under subsection (a) if the Director 

24 of the Central Intelligence Agency determines that— 

25 ‘‘(A) no employee of the Federal Govern26 ment is— 


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1 ‘‘(i) capable of performing such inter2 rogation; and 

3 ‘‘(ii) available to perform such interro4 gation; and 

5 ‘‘(B) such interrogation is in the national 

6 interest of the United States and requires the use 

7 of a contractor. 

8 ‘‘(2) CLARIFICATION OF APPLICABILITY OF CER9 TAIN LAWS.—Any contractor conducting an interro10 gation pursuant to a waiver under paragraph (1) 

11 shall be subject to all laws on the conduct of interro12 gations that would apply if an employee of the Fed13 eral Government were conducting the interrogation.’’. 

14 SEC. 413. APPEALS FROM DECISIONS OF CENTRAL INTEL15 LIGENCE AGENCY CONTRACTING OFFICERS. 

16 Section 8(d) of the Contract Disputes Act of 1978 (41 

17 U.S.C. 607(d)) is amended by inserting before the sentence 

18 beginning with ‘‘In exercising’’ the following new sentence: 

19 ‘‘Notwithstanding any other provision of law, an appeal 

20 from a decision of a contracting officer of the Central Intel21 ligence Agency relative to a contract made by that agency 

22 may be filed with whichever of the Armed Services Board 

23 or the Civilian Board is specified by the contracting officer 

24 as the Board to which such an appeal may be made and 


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1 the Board so specified shall have jurisdiction to decide that 

2 appeal.’’. 

3 SEC. 414. DEPUTY DIRECTOR OF THE CENTRAL INTEL4 LIGENCE AGENCY. 

5 (a) ESTABLISHMENT AND DUTIES OF DEPUTY DIREC6 TOR OF CIA.—Title I of the National Security Act of 1947 

7 (50 U.S.C. 402 et seq.) is amended by inserting after section 

8 104A the following new section: 

9 ‘‘DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE

10 AGENCY

11 ‘‘SEC. 104B. (a) DEPUTY DIRECTOR OF CENTRAL IN12 TELLIGENCE AGENCY.—There is a Deputy Director of the 

13 Central Intelligence Agency who shall be appointed by the 

14 President. 

15 ‘‘(b) DUTIES.—The Deputy Director of the Central In16 telligence Agency shall— 

17 ‘‘(1) assist the Director of the Central Intel18 ligence Agency in carrying out the duties and respon19 sibilities of the Director of the Central Intelligence 

20 Agency; and 

21 ‘‘(2) during the absence or disability of the Di22 rector of the Central Intelligence Agency, or during a 

23 vacancy in the position of Director of the Central In24 telligence Agency, act for and exercise the powers of 

25 the Director of the Central Intelligence Agency.’’. 

26 (b) CONFORMING AMENDMENTS.— 


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1 (1) EXECUTIVE SCHEDULE III.—Section 5314 of 

2 title 5, United States Code, is amended by striking 

3 ‘‘Deputy Directors of Central Intelligence (2)’’ and 

4 inserting ‘‘Deputy Director of the Central Intelligence 

5 Agency’’. 

6 (2) TABLE OF CONTENTS.—The table of contents 

7 in the first section of the National Security Act of 

8 1947 (50 U.S.C. 401 note) is amended by inserting 

9 after the item relating to section 104A the following 

10 new item: 

‘‘Sec. 104B. Deputy Director of the Central Intelligence Agency.’’. 

11 (c) APPLICABILITY.—The amendments made by this 

12 section shall apply on the earlier of— 

13 (1) the date of the appointment by the President 

14 of an individual to serve as Deputy Director of the 

15 Central Intelligence Agency, except that the indi16 vidual administratively performing the duties of the 

17 Deputy Director of the Central Intelligence Agency as 

18 of the date of the enactment of this Act may continue 

19 to perform such duties until the individual appointed 

20 to the position of Deputy Director of the Central In21 telligence Agency assumes the duties of such position; 

22 or 

23 (2) the date of the cessation of the performance 

24 of the duties of the Deputy Director of the Central In25 telligence Agency by the individual administratively 


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1 performing such duties as of the date of the enactment 

2 of this Act. 

3 SEC. 415. PROTECTION AGAINST REPRISALS. 

4 Section 17(e)(3)(B) of the Central Intelligence Agency 

5 Act of 1949 (50 U.S.C. 403q(e)(3)(B)) is amended by insert6 ing ‘‘or providing such information’’ after ‘‘making such 

7 complaint’’. 

8 SEC. 416. REQUIREMENT FOR VIDEO RECORDING OF INTER9 ROGATIONS OF PERSONS IN THE CUSTODY 

10 OF THE CENTRAL INTELLIGENCE AGENCY. 

11 (a) IN GENERAL.—The Central Intelligence Agency 

12 Act of 1949 (50 U.S.C. 403a et seq.), as amended by section 

13 412 of this Act, is further amended by adding at the end 

14 the following new section: 

15 ‘‘REQUIREMENT FOR VIDEO RECORDING OF INTERROGA16 TIONS OF PERSONS IN THE CUSTODY OF THE CEN17 TRAL INTELLIGENCE AGENCY

18 ‘‘SEC. 25. (a) IN GENERAL.—Except as provided in 

19 subsection (b), the Director of the Central Intelligence Agen20 cy shall establish guidelines to ensure that each interroga21 tion of a person who is in the custody of the Central Intel22 ligence Agency is recorded in video form and that the video 

23 recording of such interrogation is maintained— 

24 ‘‘(1) for not less than 10 years from the date on 

25 which such recording is made; and 


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1 ‘‘(2) until such time as such recording is no 

2 longer relevant to an ongoing or anticipated legal 

3 proceeding or investigation or required to be main4 tained under any other provision of law. 

5 ‘‘(b) EXCEPTION.—The requirement to record an inter6 rogation in video form under subsection (a) shall not apply 

7 with respect to an interrogation incident to arrest con8 ducted by Agency personnel designated by the Director 

9 under section 15(a) that are assigned to the headquarters 

10 of the Central Intelligence Agency and acting in the official 

11 capacity of such personnel. 

12 ‘‘(c) INTERROGATION DEFINED.—In this section, the 

13 term ‘interrogation’ means the systematic process of at14 tempting to obtain information from an uncooperative de15 tainee.’’. 

16 (b) SUBMISSION OF GUIDELINES.—Not later than 90 

17 days after the date of the enactment of this Act, the Director 

18 of the Central Intelligence Agency shall submit to the con19 gressional intelligence committees the guidelines developed 

20 under section 25(a) of the Central Intelligence Agency Act 

21 of 1949, as added by subsection (a) of this section. Such 

22 guidelines shall be submitted in unclassified form, but may 

23 contain a classified annex. 


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1 Subtitle C—Other Elements 

2 SEC. 421. HOMELAND SECURITY INTELLIGENCE ELEMENTS. 

3 Section 3(4) of the National Security Act of 1947 (50 

4 U.S.C. 401a(4)) is amended— 

5 (1) in subparagraph (H), by inserting ‘‘the 

6 Coast Guard,’’ after ‘‘the Marine Corps,’’; and 

7 (2) in subparagraph (K), by striking ‘‘The ele8 ments’’ and all that follows through ‘‘the Coast 

9 Guard’’ and inserting ‘‘The Office of Intelligence and 

10 Analysis of the Department of Homeland Security’’. 

11 SEC. 422. CLARIFICATION OF INCLUSION OF DRUG EN12 FORCEMENT ADMINISTRATION AS AN ELE13 MENT OF THE INTELLIGENCE COMMUNITY. 

14 Section 3(4)(H) of the National Security Act of 1947 

15 (50 U.S.C. 401a(4)(H)), as amended by section 421 of this 

16 Act, is further amended by inserting ‘‘the Drug Enforce17 ment Administration,’’ after ‘‘the Federal Bureau of Inves18 tigation,’’. 

19 SEC. 423. 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 (title 

24 IX of Public Law 107–306; 50 U.S.C. 402c) is amended— 


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1 (1) by striking subsections (d), (h), (i), and (j); 

2 and 

3 (2) by redesignating subsections (e), (f), (g), (k), 

4 (l), and (m) as subsections (d), (e), (f), (g), (h), and 

5 (i), respectively; and 

6 (3) in subsection (f), as redesignated by para7 graph (2) of this subsection, by striking paragraphs 

8 (3) and (4). 

9 (b) CONFORMING AMENDMENTS.—Such section 904 is 

10 further amended— 

11 (1) in subsection (d), as redesignated by sub12 section (a)(2) of this section— 

13 (A) in paragraph (1), by striking ‘‘sub14 section (f)’’ and inserting ‘‘subsection (e)’’; and 

15 (B) in paragraph (2), by striking ‘‘sub16 section (f)’’ and inserting ‘‘subsection (e)’’; and 

17 (2) in subsection (e), as so redesignated— 

18 (A) in paragraph (1), by striking ‘‘sub19 section (e)(1)’’ and inserting ‘‘subsection (d)(1)’’; 

20 and 

21 (B) in paragraph (2), by striking ‘‘sub22 section (e)(2)’’ and inserting ‘‘subsection (d)(2)’’. 


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1 SEC. 424. CONFIRMATION OF APPOINTMENT OF HEADS OF 

2 CERTAIN COMPONENTS OF THE INTEL3 LIGENCE COMMUNITY. 

4 (a) DIRECTOR OF NATIONAL SECURITY AGENCY.—The 

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

6 is amended by inserting after the first section the following 

7 new section: 

8 ‘‘SEC. 2. (a) There is a Director of the National Secu9 rity Agency. 

10 ‘‘(b) The Director of the National Security Agency 

11 shall be appointed by the President, by and with the advice 

12 and consent of the Senate. 

13 ‘‘(c) The Director of the National Security Agency 

14 shall be the head of the National Security Agency and shall 

15 discharge such functions and duties as are provided by this 

16 Act or otherwise by law.’’. 

17 (b) DIRECTOR OF NATIONAL RECONNAISSANCE OF18 FICE.—The Director of the National Reconnaissance Office 

19 shall be appointed by the President, by and with the advice 

20 and consent of the Senate. 

21 (c) CONFORMING AMENDMENT.—Section 106(b)(2) of 

22 the National Security Act of 1947 (50 U.S.C. 403–6(b)(2)) 

23 is amended— 

24 (1) by striking subparagraphs (A) and (B); 


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1 (2) by redesignating subparagraphs (C) through 

2 (I) as subparagraphs (A) through (G), respectively; 

3 and 

4 (3) by moving subparagraph (G), as redesig5 nated by paragraph (2) of this subsection, two ems to 

6 the left. 

7 (d) EFFECTIVE DATE AND APPLICABILITY.—The 

8 amendment made by subsection (a) and the provisions of 

9 subsection (b) shall apply upon the earlier of— 

10 (1) the date of the nomination by the President 

11 of an individual to serve in the position concerned, 

12 except that the individual serving in such position as 

13 of the date of the enactment of this Act may continue 

14 to perform such duties after such date of nomination 

15 and until the individual appointed to such position, 

16 by and with the advice and consent of the Senate, as17 sumes the duties of such position; or 

18 (2) the date of the cessation of the performance 

19 of the duties of such position by the individual per20 forming such duties as of the date of the enactment 

21 of this Act. 


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1 SEC. 425. ASSOCIATE DIRECTOR OF THE NATIONAL SECU2 RITY AGENCY FOR COMPLIANCE AND TRAIN3 ING. 

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

5 402 note), as amended by section 424 of this Act, is further 

6 amended by inserting after section 2 (as added by such sec7 tion 424) the following new section: 

8 ‘‘SEC. 3. (a) There is an Associate Director of the Na9 tional Security Agency for Compliance and Training, who 

10 shall be appointed by the Director of the National Security 

11 Agency. 

12 ‘‘(b) The Associate Director of the National Security 

13 Agency for Compliance and Training shall ensure that— 

14 ‘‘(1) all programs and activities of the National 

15 Security Agency are conducted in a manner con16 sistent with all applicable laws, regulations, and poli17 cies; and 

18 ‘‘(2) the training of relevant personnel is suffi19 cient to ensure that such programs and activities are 

20 conducted in such a manner.’’. 

21 SEC. 426. GENERAL COUNSEL OF THE NATIONAL SECURITY 

22 AGENCY. 

23 (a) GENERAL COUNSEL.—The National Security 

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

25 section 425 of this Act, is further amended by inserting after 


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1 section 3 (as added by such section 425), the following new 

2 section: 

3 ‘‘SEC. 4. (a) There is a General Counsel of the National 

4 Security Agency, who shall be appointed by the President, 

5 by and with the advice and consent of the Senate. 

6 ‘‘(b) The General Counsel of the National Security 

7 Agency shall serve as the chief legal officer of the National 

8 Security Agency.’’. 

9 (b) EFFECTIVE DATE.—The amendment made by sub10 section (a) shall take effect on the date that is 180 days 

11 after the date on which the Director of the National Secu12 rity Agency is appointed by the President and confirmed 

13 by the Senate in accordance with section 2 of the National 

14 Security Agency Act of 1959, as added by section 424 of 

15 this Act. 

16 SEC. 427. INSPECTOR GENERAL OF THE NATIONAL SECU17 RITY AGENCY. 

18 Section 12 of the Inspector General Act of 1978 (5 

19 U.S.C. App.) is amended— 

20 (1) in paragraph (1), by inserting ‘‘the National 

21 Security Agency;’’ after ‘‘the Federal Emergency 

22 Management Agency,’’; and 

23 (2) in paragraph (2), by inserting ‘‘the National 

24 Security Agency,’’ after ‘‘the National Aeronautics 

25 and Space Administration,’’. 


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1 SEC. 428. CHARTER FOR THE NATIONAL RECONNAISSANCE 

2 OFFICE. 

3 Not later than 90 days after the date of the enactment 

4 of this Act, the Director of National Intelligence and the 

5 Secretary of Defense shall jointly submit to the congres6 sional intelligence committees and the congressional defense 

7 committees (as defined in section 101(a)(16) of title 10, 

8 United States Code) a revised charter for the National Re9 connaissance Office (in this section referred to as the 

10 ‘‘NRO’’) . The charter shall include the following: 

11 (1) The organizational and governance structure 

12 of the NRO. 

13 (2) NRO participation in the development and 

14 generation of requirements and acquisition. 

15 (3) The scope of NRO capabilities. 

16 (4) The roles and responsibilities of the NRO 

17 and the relationship of the NRO to other elements of 

18 the intelligence community and the defense commu19 nity. 


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1 TITLE V—OTHER MATTERS 

2 Subtitle A—General Intelligence 

3 Matters 

4 SEC. 501. EXTENSION OF NATIONAL COMMISSION FOR THE 

5 REVIEW OF THE RESEARCH AND DEVELOP6 MENT PROGRAMS OF THE UNITED STATES IN7 TELLIGENCE COMMUNITY. 

8 (a) EXTENSION.— 

9 (1) IN GENERAL.—Subsection (a) of section 1007 

10 of the Intelligence Authorization Act for Fiscal Year 

11 2003 (Public Law 107–306; 116 Stat. 2442) is 

12 amended by striking ‘‘September 1, 2004’’ and insert13 ing ‘‘February 1, 2011’’. 

14 (2) EFFECTIVE DATE.—Subject to paragraph (3), 

15 the amendment made by paragraph (1) shall take ef16 fect as if included in the enactment of such section 

17 1007. 

18 (3) COMMISSION MEMBERSHIP.— 

19 (A) IN GENERAL.—The membership of the 

20 National Commission for the Review of the Re21 search and Development Programs of the United 

22 States Intelligence Community established under 

23 subsection (a) of section 1002 of such Act (Public 

24 Law 107–306; 116 Stat. 2438) (referred to in 

25 this section as the ‘‘Commission’’) shall be conVerDate Nov 24 2008 23:33 Jun 29, 2009 Jkt 079200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6203 E:\BILLS\H2701.RH H2701

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1 sidered vacant and new members shall be ap2 pointed in accordance with such section 1002, as 

3 amended by subparagraph (B). 

4 (B) TECHNICAL AMENDMENT.—Paragraph 

5 (1) of section 1002(b) of such Act is amended by 

6 striking ‘‘The Deputy Director of Central Intel7 ligence for Community Management.’’ and in8 serting ‘‘The Principal Deputy Director of Na9 tional Intelligence.’’. 

10 (4) CLARIFICATION OF DUTIES.—Section 1002(i) 

11 of such Act is amended in the matter preceding para12 graph (1) by striking ‘‘including—’’ and inserting 

13 ‘‘including advanced research and development pro14 grams and activities. Such review shall include—’’. 

15 (b) FUNDING.— 

16 (1) IN GENERAL.—Of the amounts authorized to 

17 be appropriated by this Act for the Intelligence Com18 munity Management Account, the Director of Na19 tional Intelligence shall make $2,000,000 available to 

20 the Commission to carry out title X of the Intelligence 

21 Authorization Act for Fiscal Year 2003 (Public Law 

22 107–306; 116 Stat. 2437). 

23 (2) AVAILABILITY.—Amounts made available to 

24 the Commission pursuant to paragraph (1) shall re25 main available until expended. 


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1 SEC. 502. EXPANSION AND CLARIFICATION OF THE DUTIES 

2 OF THE PROGRAM MANAGER FOR THE INFOR3 MATION SHARING ENVIRONMENT. 

4 Section 1016 of the Intelligence Reform and Terrorism 

5 Prevention Act of 2004 (6 U.S.C. 485) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (3), by striking ‘‘ter8 rorism and homeland security information’’ and 

9 inserting ‘‘national security information’’; 

10 (B) by redesignating paragraphs (4), (5), 

11 and (6) as paragraphs (5), (6), and (7), respec12 tively; and 

13 (C) by inserting after paragraph (3) the fol14 lowing new paragraph: 

15 ‘‘(4) NATIONAL SECURITY INFORMATION.—The 

16 term ‘national security information’ includes home17 land security information and terrorism informa18 tion.’’; 

19 (2) in subsection (b)— 

20 (A) in paragraph (1)(A), by striking ‘‘ter21 rorism information’’ and inserting ‘‘national se22 curity information’’; and 

23 (B) in paragraph (2) in the first sentence 

24 of the matter preceding subparagraph (A), by 

25 striking ‘‘terrorism information’’ and inserting 

26 ‘‘national security information’’; and 


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1 (3) in subsection (f)(1)— 

2 (A) in the second sentence, by inserting ‘‘in 

3 the Executive Office of the President and shall 

4 serve’’ after ‘‘The individual designated as the 

5 program manager shall serve’’; and 

6 (B) in the third sentence, by striking 

7 ‘‘homeland security information, terrorism infor8 mation, and weapons of mass destruction infor9 mation’’ and inserting ‘‘national security infor10 mation’’. 

11 SEC. 503. CLASSIFICATION REVIEW OF EXECUTIVE BRANCH 

12 MATERIALS IN THE POSSESSION OF THE CON13 GRESSIONAL INTELLIGENCE COMMITTEES. 

14 The Director of National Intelligence shall, in accord15 ance with procedures established by each of the congres16 sional intelligence committees, conduct a classification re17 view of materials in the possession of each of those commit18 tees that— 

19 (1) are not less than 25 years old; and 

20 (2) were created, or provided to that committee, 

21 by the executive branch. 


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1 SEC. 504. PROHIBITION ON USE OF FUNDS TO PROVIDE MI2 RANDA WARNINGS TO CERTAIN PERSONS 

3 OUTSIDE OF THE UNITED STATES. 

4 None of the funds authorized to be appropriated by this 

5 Act may be used to provide the warnings of constitutional 

6 rights described in Miranda v. Arizona, 384 U.S. 436 (U.S. 

7 1966), to a person located outside of the United States who 

8 is not a United States person and is— 

9 (1) suspected of terrorism, associated with terror10 ists, or believed to have knowledge of terrorists; or 

11 (2) a detainee in the custody of the Armed Forces 

12 of the United States. 

13 Subtitle B—Technical Amendments 

14 SEC. 511. TECHNICAL AMENDMENTS TO THE CENTRAL IN15 TELLIGENCE AGENCY ACT OF 1949. 

16 The Central Intelligence Agency Act of 1949 (50 U.S.C. 

17 403a et seq.) is amended— 

18 (1) in section 5(a)(1), by striking ‘‘authorized 

19 under paragraphs (2) and (3)’’ and all that follows 

20 through ‘‘(50 U.S.C. 403(a)(2), (3), 403–3(c)(7), (d), 

21 403–4(a), (g), and 405)’’ and inserting ‘‘authorized 

22 under section 104A of the National Security Act of 

23 1947 (50 U.S.C. 403–4a)’’; and 

24 (2) in section 17(d)(3)(B)— 

25 (A) in clause (i), by striking ‘‘advise’’ and 

26 inserting ‘‘advice’’; and 


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1 (B) in clause (ii)— 

2 (i) in subclause (I), by striking ‘‘Exec3 utive Director’’ and inserting ‘‘Associate 

4 Deputy Director’’; 

5 (ii) in subclause (II), by striking 

6 ‘‘Deputy Director for Operations’’ and in7 serting ‘‘Director of the National Clandes8 tine Service’’; 

9 (iii) in subclause (III), by striking 

10 ‘‘Deputy Director for Intelligence’’ and in11 serting ‘‘Director of Intelligence’’; 

12 (iv) in subclause (IV), by striking 

13 ‘‘Deputy Director for Administration’’ and 

14 inserting ‘‘Director of Support’’; and 

15 (v) in subclause (V), by striking ‘‘Dep16 uty Director for Science and Technology’’ 

17 and inserting ‘‘Director of Science and 

18 Technology’’. 

19 SEC. 512. TECHNICAL AMENDMENT TO MANDATORY RE20 TIREMENT PROVISION OF CENTRAL INTEL21 LIGENCE AGENCY RETIREMENT ACT. 

22 Section 235(b)(1)(A) of the Central Intelligence Agency 

23 Retirement Act (50 U.S.C. 2055(b)(1)(A)) is amended to 

24 read as follows: 


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1 ‘‘(A) Upon reaching age 65, in the case of 

2 a participant in the system who is at the Senior 

3 Intelligence Service rank of level 4 or above; 

4 and’’. 

5 SEC. 513. TECHNICAL AMENDMENTS TO THE EXECUTIVE 

6 SCHEDULE. 

7 (a) EXECUTIVE SCHEDULE LEVEL II.—Section 5313 

8 of title 5, United States Code, is amended by striking the 

9 item relating to the Director of Central Intelligence and in10 serting the following new item: 

11 ‘‘Director of the Central Intelligence Agency.’’. 

12 (b) EXECUTIVE SCHEDULE LEVEL IV.—Section 5315 

13 of title 5, United States Code is amended by striking the 

14 item relating to the General Counsel of the Office of the 

15 National Intelligence Director and inserting the following 

16 new item: 

17 ‘‘General Counsel of the Office of the Director of Na18 tional Intelligence.’’. 

19 SEC. 514. TECHNICAL AMENDMENTS TO THE FOREIGN IN20 TELLIGENCE SURVEILLANCE ACT OF 1978. 

21 The Foreign Intelligence Surveillance Act of 1978 (50 

22 U.S.C. 1801 et seq.) is amended— 

23 (1) in section 101— 

24 (A) in subsection (a), by moving paragraph 

25 (7) two ems to the right; and 


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1 (B) by moving subsections (b) through (p) 

2 two ems to the right; 

3 (2) in section 103, by redesignating subsection 

4 (i) as subsection (h); 

5 (3) in section 109(a)— 

6 (A) in paragraph (1), by striking ‘‘section 

7 112.;’’ and inserting ‘‘section 112;’’; and 

8 (B) in paragraph (2), by striking the second 

9 period; 

10 (4) in section 301(1), by striking ‘‘ ‘United 

11 States’ ’’ and all that follows through ‘‘and ‘State’ ’’ 

12 and inserting ‘‘ ‘United States’, ‘person’, ‘weapon of 

13 mass destruction’, and ‘State’ ’’; 

14 (5) in section 304(b), by striking ‘‘subsection 

15 (a)(3)’’ and inserting ‘‘subsection (a)(2)’’; and 

16 (6) in section 502(a), by striking ‘‘a annual’’ 

17 and inserting ‘‘an annual’’. 

18 SEC. 515. TECHNICAL AMENDMENTS TO SECTION 105 OF 

19 THE INTELLIGENCE AUTHORIZATION ACT 

20 FOR FISCAL YEAR 2004. 

21 Section 105(b) of the Intelligence Authorization Act for 

22 Fiscal Year 2004 (Public Law 108–177; 117 Stat. 2603; 

23 31 U.S.C. 311 note) is amended— 

24 (1) by striking ‘‘Director of Central Intelligence’’ 

25 and inserting ‘‘Director of National Intelligence’’; and 


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1 (2) by inserting ‘‘or in section 313 of such title,’’ 

2 after ‘‘subsection (a)),’’. 

3 SEC. 516. TECHNICAL AMENDMENTS TO THE INTELLIGENCE 

4 REFORM AND TERRORISM PREVENTION ACT 

5 OF 2004. 

6 The Intelligence Reform and Terrorism Prevention Act 

7 of 2004 (Public Law 108–458; 118 Stat. 3638) is amend8 ed— 

9 (1) in section 1016(e)(10)(B) (6 U.S.C. 

10 485(e)(10)(B)), by striking ‘‘Attorney General’’ the 

11 second place it appears and inserting ‘‘Department of 

12 Justice’’; 

13 (2) in section 2001 (28 U.S.C. 532 note)— 

14 (A) in subsection (c)(1)— 

15 (i) by striking ‘‘shall,’’ and inserting 

16 ‘‘shall’’; and 

17 (ii) by inserting ‘‘of’’ before ‘‘an insti18 tutional culture’’; 

19 (B) in subsection (e)(2), by striking ‘‘the 

20 National Intelligence Director in a manner con21 sistent with section 112(e)’’ and inserting ‘‘the 

22 Director of National Intelligence in a manner 

23 consistent with applicable law’’; and 


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1 (C) in subsection (f) in the matter preceding 

2 paragraph (1), by striking ‘‘shall,’’ and inserting 

3 ‘‘shall’’; and 

4 (3) in section 2006 (28 U.S.C. 509 note)— 

5 (A) in paragraph (2), by striking ‘‘the Fed6 eral’’ and inserting ‘‘Federal’’; and 

7 (B) in paragraph (3), by striking ‘‘the spe8 cific’’ and inserting ‘‘specific’’. 

9 SEC. 517. TECHNICAL AMENDMENTS RELATING TO THE 

10 MULTIYEAR NATIONAL INTELLIGENCE PRO11 GRAM. 

12 Section 1403 of the National Defense Authorization 

13 Act for Fiscal Year 1991 (50 U.S.C. 404b) is amended— 

14 (1) in the heading, by striking ‘‘FOREIGN’’; 

15 (2) in subsection (a)— 

16 (A) in the heading, by striking ‘‘FOREIGN’’; 

17 (B) by striking ‘‘foreign’’ each place it ap18 pears; and 

19 (C) by striking ‘‘Director of Central Intel20 ligence’’ and inserting ‘‘Director of National In21 telligence’’; 

22 (3) in subsection (b), by striking ‘‘The Director’’ 

23 and inserting ‘‘The Director of National Intelligence’’; 

24 and 

25 (4) in subsection (c)— 


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1 (A) by striking ‘‘Director of Central Intel2 ligence’’ and inserting ‘‘Director of National In3 telligence’’; and 

4 (B) by striking ‘‘section 114a’’ and insert5 ing ‘‘section 221’’. 

6 SEC. 518. TECHNICAL AMENDMENTS TO THE NATIONAL SE7 CURITY ACT OF 1947. 

8 The National Security Act of 1947 (50 U.S.C. 401 et 

9 seq.) is further amended— 

10 (1) section 3(4)(L), by striking ‘‘other’’ the sec11 ond place it appears; 

12 (2) in section 102A— 

13 (A) in subsection (c)(3)(A), by striking ‘‘an14 nual budgets for the Joint Military Intelligence 

15 Program and for Tactical Intelligence and Re16 lated Activities’’ and inserting ‘‘annual budget 

17 for the Military Intelligence Program or any 

18 successor program’’; 

19 (B) in subsection (d)— 

20 (i) in paragraph (1)(B), by striking 

21 ‘‘Joint Military Intelligence Program’’ and 

22 inserting ‘‘Military Intelligence Program or 

23 any successor program’’; 

24 (ii) in paragraph (3) in the matter 

25 preceding subparagraph (A), by striking 


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1 ‘‘subparagraph (A)’’ and inserting ‘‘para2 graph (1)(A)’’; and 

3 (iii) in paragraph (5)— 

4 (I) in subparagraph (A), by strik5 ing ‘‘or personnel’’ in the matter pre6 ceding clause (i); and 

7 (II) in subparagraph (B), by 

8 striking ‘‘or agency involved’’ in the 

9 second sentence and inserting ‘‘in10 volved or the Director of the Central 

11 Intelligence Agency (in the case of the 

12 Central Intelligence Agency)’’; 

13 (C) in subsection (l)(2)(B), by striking ‘‘sec14 tion’’ and inserting ‘‘paragraph’’; and 

15 (D) in subsection (n), by inserting ‘‘AND

16 OTHER’’ after ‘‘ACQUISITION’’; 

17 (3) in section 103(b), by striking ‘‘, the National 

18 Security Act of 1947 (50 U.S.C. 401 et seq.),’’; 

19 (4) in section 104A(g)(1) in the matter preceding 

20 subparagraph (A), by striking ‘‘Directorate of Oper21 ations’’ and inserting ‘‘National Clandestine Service’’; 

22 (5) in section 119(c)(2)(B) (50 U.S.C. 

23 404o(c)(2)(B)), by striking ‘‘subsection (h)’’ and in24 serting ‘‘subsection (i)’’; 


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1 (6) in section 701(b)(1), by striking ‘‘Directorate 

2 of Operations’’ and inserting ‘‘National Clandestine 

3 Service’’; 

4 (7) in section 705(e)(2)(D)(i) (50 U.S.C. 

5 432c(e)(2)(D)(i)), by striking ‘‘responsible’’ and in6 serting ‘‘responsive’’; and 

7 (8) in the table of contents in the first section— 

8 (A) by striking the item relating to section 

9 1002; and 

10 (B) by inserting after the item relating to 

11 section 1001 the following new item: 

‘‘Sec. 1002. Framework for cross-disciplinary education and training.’’. 

12 SEC. 519. TECHNICAL AMENDMENTS TO TITLE 10, UNITED 

13 STATES CODE. 

14 Section 528(c) of title 10, United States Code, is 

15 amended— 

16 (1) in the heading, by striking ‘‘ASSOCIATE DI17 RECTOR OF CIA FOR MILITARY AFFAIRS’’ and insert18 ing ‘‘ASSOCIATE DIRECTOR OF MILITARY AFFAIRS, 

19 CIA’’; and 

20 (2) by striking ‘‘Associate Director of the Central 

21 Intelligence Agency for Military Affairs’’ and insert22 ing ‘‘Associate Director of Military Affairs, Central 

23 Intelligence Agency, or any successor position’’. 


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Union Calendar No. 99 

111TH CONGRESS 

1ST SESSION H. R. 2701 

[Report No. 111–186] 

A BILL 

To authorize appropriations for fiscal year 2010 for 

tem, and for other purposes. ligence Agency Retirement and Disability SysManagement Account, and the Central Intelthe United States Government, the Community intelligence and intelligence-related activities of 

JUNE 26, 2009 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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