H. R. 2701 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

An Act 

To authorize appropriations for fiscal year 2010 for intelligence and intelligencerelated activities of the United States Government, the Community Management 

Account, and the Central Intelligence Agency Retirement and Disability System, 

and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

Authorization Act for Fiscal Year 2010’’. 

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

is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—BUDGET AND PERSONNEL AUTHORIZATIONS 

Sec. 101. Authorization of appropriations. 

Sec. 102. Restriction on conduct of intelligence activities. 

Sec. 103. Budgetary provisions. 

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 

DISABILITY SYSTEM 

Sec. 201. Technical modification to mandatory retirement provision of the Central 

Intelligence Agency Retirement Act. 

TITLE III—GENERAL INTELLIGENCE COMMUNITY MATTERS 

Subtitle A—Personnel Matters 

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

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

Sec. 303. Pay authority for critical positions. 

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

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

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

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

Subtitle B—Education Programs 

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

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

Sec. 313. Intelligence officer training program. 

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

Subtitle C—Acquisition Matters 

Sec. 321. Vulnerability assessments of major systems. 

Sec. 322. Intelligence community business system transformation. 

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

Sec. 324. Critical cost growth in major systems. 

Sec. 325. Future budget projections. 
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Sec. 326. National Intelligence Program funded acquisitions. 

Subtitle D—Congressional Oversight, Plans, and Reports 

Sec. 331. Notification procedures. 

Sec. 332. Certification of compliance with oversight requirements. 

Sec. 333. Report on detention and interrogation activities. 

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

at United States Naval Station, Guantanamo Bay, Cuba. Sec. 335. Report and strategic plan on biological weapons. 

Sec. 336. Cybersecurity oversight. 

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

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

Sec. 339. Report on intelligence community contractors. 

Sec. 340. Study on electronic waste destruction practices of the intelligence community. Sec. 341. Review of records relating to potential health risks among Desert Storm 

veterans. 

Sec. 342. Review of Federal Bureau of Investigation exercise of enforcement jurisdiction in foreign nations. Sec. 343. Public release of information on procedures used in narcotics airbridge denial program in Peru. Sec. 344. Report on threat from dirty bombs. 

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

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

flight 253. Sec. 347. Repeal or modification of certain reporting requirements. 

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

Sec. 349. Conforming amendments for report submission dates. 

Subtitle E—Other Matters 

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

of foreign gifts and decorations. Sec. 362. Modification of availability of funds for different intelligence activities. 

Sec. 363. Protection of certain national security information. 

Sec. 364. National Intelligence Program budget. 

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

Board. 

Sec. 366. Authority to designate undercover operations to collect foreign intelligence or counterintelligence. Sec. 367. Security clearances: reports; reciprocity. 

Sec. 368. Correcting long-standing material weaknesses. 

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

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE 

COMMUNITY 

Subtitle A—Office of the Director of National Intelligence 

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

Sec. 402. Authorities for intelligence information sharing. 

Sec. 403. Location of the Office of the Director of National Intelligence. 

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

Community. Sec. 405. Inspector General of the Intelligence Community. 

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

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

Sec. 408. Protection of certain files of the Office of the Director of National Intelligence. Sec. 409. Counterintelligence initiatives for the intelligence community. 

Sec. 410. Inapplicability of Federal Advisory Committee Act to advisory committees 

of the Office of the Director of National Intelligence. Sec. 411. Membership of the Director of National Intelligence on the Transportation Security Oversight Board. Sec. 412. Repeal of certain authorities relating to the Office of the National Counterintelligence Executive. Sec. 413. Misuse of the Office of the Director of National Intelligence name, initials, 

or seal. 

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

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

Traffic in Arms Regulations and Export Administration Regulations. 

Subtitle B—Central Intelligence Agency 

Sec. 421. Additional functions and authorities for protective personnel of the Central Intelligence Agency. 
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Sec. 422. Appeals from decisions involving contracts of the Central Intelligence 

Agency. 

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

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

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

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

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

Subtitle C—Defense Intelligence Components 

Sec. 431. Inspector general matters. 

Sec. 432. Clarification of national security missions of National Geospatial-Intelligence Agency for analysis and dissemination of certain intelligence information. 

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

Subtitle D—Other Elements 

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

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

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

Sec. 444. Extension of the authority of the Federal Bureau of Investigation to waive 

mandatory retirement provisions. 

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

of the Federal Bureau of Investigation. 

TITLE V—REORGANIZATION OF THE DIPLOMATIC TELECOMMUNICATIONS 

SERVICE PROGRAM OFFICE 

Sec. 501. Reorganization of the Diplomatic Telecommunications Service Program 

Office. 

TITLE VI—FOREIGN INTELLIGENCE AND INFORMATION COMMISSION ACT 

Sec. 601. Short title. 

Sec. 602. Definitions. 

Sec. 603. Establishment and functions of the Commission. 

Sec. 604. Members and staff of the Commission. 

Sec. 605. Powers and duties of the Commission. 

Sec. 606. Report of the Commission. 

Sec. 607. Termination. 

Sec. 608. Nonapplicability of Federal Advisory Committee Act. 

Sec. 609. Authorization of appropriations. 

TITLE VII—OTHER MATTERS 

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

Development Programs of the United States Intelligence Community. 

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

the congressional intelligence committees. 

TITLE VIII—TECHNICAL AMENDMENTS 

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

1978. 

Sec. 802. Technical amendments to the Central Intelligence Agency Act of 1949. 

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

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

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

Program. 

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

Sec. 807. Technical amendments to the Executive Schedule. 

Sec. 808. Technical amendments to section 105 of the Intelligence Authorization 

Act for Fiscal Year 2004. 

Sec. 809. Technical amendments to section 602 of the Intelligence Authorization 

Act for Fiscal Year 1995. 

Sec. 810. Technical amendments to section 403 of the Intelligence Authorization 

Act, Fiscal Year 1992. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.—The term 

‘‘congressional intelligence committees’’ means— 
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(A) the Select Committee on Intelligence of the Senate; 

and 

(B) the Permanent Select Committee on Intelligence 

of the House of Representatives. 

(2) INTELLIGENCE COMMUNITY.—The term ‘‘intelligence 

community’’ has the meaning given that term in section 3(4) 

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

TITLE I—BUDGET AND PERSONNEL 

AUTHORIZATIONS 

SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

For the purposes of section 504 of the National Security Act 

of 1947 (50 U.S.C. 414), appropriated funds available to an intelligence agency may be obligated or expended for an intelligence 

or intelligence-related activity as appropriated for fiscal year 2010, 

as modified by such reprogramming and transfers of funds authorized by and reported to the appropriate congressional committees. 

SEC. 102. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES. 

The authorization of appropriations by this Act shall not be 

deemed to constitute authority for the conduct of any intelligence 

activity that is not otherwise authorized by the Constitution or 

the laws of the United States. 

SEC. 103. BUDGETARY PROVISIONS. 

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

with the Statutory Pay-As-You-Go-Act of 2010, shall be determined 

by reference to the latest statement titled ‘‘Budgetary Effects of 

PAYGO Legislation’’ for this Act, submitted for printing in the 

Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior 

to the vote on passage. 

TITLE II—CENTRAL INTELLIGENCE 

AGENCY RETIREMENT AND DISABILITY SYSTEM 

SEC. 201. TECHNICAL MODIFICATION TO MANDATORY RETIREMENT 

PROVISION OF THE CENTRAL INTELLIGENCE AGENCY 

RETIREMENT ACT. 

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

Agency Retirement Act (50 U.S.C. 2055(b)(1)) is amended by 

striking ‘‘receiving compensation under the Senior Intelligence 

Service pay schedule at the rate’’ and inserting ‘‘who is at the 

Senior Intelligence Service rank’’. 
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TITLE III—GENERAL INTELLIGENCE 

COMMUNITY MATTERS 

Subtitle A—Personnel Matters 

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS 

AUTHORIZED BY LAW. 

Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased 

by such additional or supplemental amounts as may be necessary 

for increases in such compensation or benefits authorized by law. 

SEC. 302. ENHANCED FLEXIBILITY IN NONREIMBURSABLE DETAILS 

TO ELEMENTS OF THE INTELLIGENCE COMMUNITY. 

(a) IN GENERAL.—Title I of the National Security Act of 1947 

(50 U.S.C. 402 et seq.) is amended by inserting after section 113 

the following new section: 

‘‘DETAIL OF OTHER PERSONNEL

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

Counterintelligence Enhancement Act of 2002 (50 U.S.C. 402c(g)(2)) 

and section 113 of this Act, and notwithstanding any other provision 

of law, an officer or employee of the United States or member 

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

of the intelligence community funded through the National Intelligence Program from another element of the intelligence community 

or from another element of the United States Government on a 

reimbursable or nonreimbursable basis, as jointly agreed to by 

the head of the receiving element and the head of the detailing 

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

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

in the first section of such Act is amended by inserting after 

the item relating to section 113 the following new item: 

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

SEC. 303. PAY AUTHORITY FOR CRITICAL POSITIONS. 

Section 102A of the National Security Act of 1947 (50 U.S.C. 

403–1) is amended by adding at the end the following new subsection: 

‘‘(s) PAY AUTHORITY FOR CRITICAL POSITIONS.—(1) Notwithstanding any pay limitation established under any other provision 

of law applicable to employees in elements of the intelligence 

community, the Director of National Intelligence may, in coordination with the Director of the Office of Personnel Management and 

the Director of the Office of Management and Budget, grant 

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

of basic pay for one or more positions within the intelligence community at a rate in excess of any applicable limitation, subject to 

the provisions of this subsection. The exercise of authority so 

granted is at the discretion of the head of the department or 

agency employing the individual in a position covered by such 

authority, subject to the provisions of this subsection and any 

conditions established by the Director of National Intelligence when 

granting such authority. 
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‘‘(2) Authority under this subsection may be granted or exercised only— 

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

high level of expertise and is critical to successful accomplishment of an important mission; and 

‘‘(B) to the extent necessary to recruit or retain an individual exceptionally well qualified for the position. 

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

of basic pay under this subsection at a rate greater than the 

rate payable for level II of the Executive Schedule under section 

5313 of title 5, United States Code, except upon written approval 

of the Director of National Intelligence or as otherwise authorized 

by law. 

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

of basic pay under this subsection at a rate greater than the 

rate payable for level I of the Executive Schedule under section 

5312 of title 5, United States Code, except upon written approval 

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

Intelligence or as otherwise authorized by law. 

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

shall terminate at the discretion of the Director of National Intelligence. 

‘‘(6)(A) The Director of National Intelligence shall notify the 

congressional intelligence committees not later than 30 days after 

the date on which the Director grants authority to the head of 

a department or agency under this subsection. 

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

of National Intelligence grants authority under this subsection shall 

notify the congressional intelligence committees and the Director 

of the exercise of such authority not later than 30 days after 

the date on which such head exercises such authority.’’. 

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

INTELLIGENCE SERVICE. 

Section 102A of the National Security Act of 1947 (50 U.S.C. 

403–1), as amended by section 303 of this Act, is further amended 

by adding at the end the following new subsection: 

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

INTELLIGENCE SERVICE.—(1) The President, based on the recommendation of the Director of National Intelligence, may award 

a rank to a member of the Senior National Intelligence Service 

or other intelligence community senior civilian officer not already 

covered by such a rank award program in the same manner in 

which a career appointee of an agency may be awarded a rank 

under section 4507 of title 5, United States Code. 

‘‘(2) The President may establish procedures to award a rank 

under paragraph (1) to a member of the Senior National Intelligence 

Service or a senior civilian officer of the intelligence community 

whose identity as such a member or officer is classified information 

(as defined in section 606(1)).’’. 

SEC. 305. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE INTELLIGENCE COMMUNITY. 

(a) ASSESSMENT.—Title V of the National Security Act of 1947 

(50 U.S.C. 413 et seq.) is amended by inserting after section 506A 

the following new section: 
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‘‘ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE INTELLIGENCE

COMMUNITY

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

National Intelligence shall, in consultation with the head of each 

element of the intelligence community, prepare an annual personnel 

level assessment for such element that assesses the personnel levels 

for such element for the fiscal year following the fiscal year in 

which the assessment is submitted. 

‘‘(b) SCHEDULE.—Each assessment required by subsection (a) 

shall be submitted to the congressional intelligence committees 

each year at the time that the President submits to Congress 

the budget for a fiscal year pursuant to section 1105 of title 31, 

United States Code. 

‘‘(c) CONTENTS.—Each assessment required by subsection (a) 

submitted during a fiscal year shall contain the following information for the element of the intelligence community concerned: 

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

upcoming fiscal year. 

‘‘(2) The dollar and percentage increase or decrease of such 

costs as compared to the personnel costs of the current fiscal 

year. 

‘‘(3) The dollar and percentage increase or decrease of such 

costs as compared to the personnel costs during the prior 5 

fiscal years. 

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

the basis for which personnel funds are requested for the 

upcoming fiscal year. 

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

of the number referred to in paragraph (4) as compared to 

the number of full-time equivalent positions of the current 

fiscal year. 

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

of the number referred to in paragraph (4) as compared to 

the number of full-time equivalent positions during the prior 

5 fiscal years. 

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

contract personnel to be funded by the element for the upcoming 

fiscal year. 

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

of such costs of core contract personnel as compared to the 

best estimate of the costs of core contract personnel of the 

current fiscal year. 

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

of such number and such costs of core contract personnel as 

compared to the number and cost of core contract personnel 

during the prior 5 fiscal years. 

‘‘(10) A justification for the requested personnel and core 

contract personnel levels. 

‘‘(11) The best estimate of the number of intelligence collectors and analysts employed or contracted by each element of 

the intelligence community. 

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

that, based on current and projected funding, the element concerned will have sufficient— 

‘‘(A) internal infrastructure to support the requested 

personnel and core contract personnel levels; 
H. R. 2701—8 

‘‘(B) training resources to support the requested personnel levels; and 

‘‘(C) funding to support the administrative and operational activities of the requested personnel levels.’’. 

(b) APPLICABILITY DATE.—The first assessment required to be 

submitted under section 506B(b) of the National Security Act of 

1947, as added by subsection (a), shall be submitted to the congressional intelligence committees at the time that the President submits to Congress the budget for fiscal year 2012 pursuant to section 

1105 of title 31, United States Code. 

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

in the first section of such Act, as amended by section 302 of 

this Act, is further amended by inserting after the item relating 

to section 506A the following new item: 

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

SEC. 306. TEMPORARY PERSONNEL AUTHORIZATIONS FOR CRITICAL 

LANGUAGE TRAINING. 

Section 102A(e) of the National Security Act of 1947 (50 U.S.C. 

403–1(e)) is amended by— 

(1) redesignating paragraph (3) as paragraph (4); and 

(2) inserting after paragraph (2) the following new paragraph: 

‘‘(3)(A) In addition to the number of full-time equivalent positions authorized for the Office of the Director of National Intelligence for a fiscal year, there is authorized for such Office for 

each fiscal year an additional 100 full-time equivalent positions 

that may be used only for the purposes described in subparagraph 

(B). 

‘‘(B) Except as provided in subparagraph (C), the Director of 

National Intelligence may use a full-time equivalent position authorized under subparagraph (A) only for the purpose of providing 

a temporary transfer of personnel made in accordance with paragraph (2) to an element of the intelligence community to enable 

such element to increase the total number of personnel authorized 

for such element, on a temporary basis— 

‘‘(i) during a period in which a permanent employee of 

such element is absent to participate in critical language 

training; or 

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

of the intelligence community to provide language-capable services. 

‘‘(C) Paragraph (2)(B) shall not apply with respect to a transfer 

of personnel made under subparagraph (B). 

‘‘(D) The Director of National Intelligence shall submit to the 

congressional intelligence committees an annual report on the use 

of authorities under this paragraph. Each such report shall include 

a description of— 

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

Director pursuant to subparagraph (B), disaggregated by each 

element of the intelligence community; 

‘‘(ii) the critical language needs that were fulfilled or partially fulfilled through the use of such transfers; and 

‘‘(iii) the cost to carry out subparagraph (B).’’. 
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SEC. 307. CONFLICT OF INTEREST REGULATIONS FOR INTELLIGENCE 

COMMUNITY EMPLOYEES. 

Section 102A of the National Security Act of 1947 (50 U.S.C. 

403–1), as amended by section 304 of this Act, is further amended 

by adding at the end the following new subsection: 

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

of National Intelligence, in consultation with the Director of the 

Office of Government Ethics, shall issue regulations prohibiting 

an officer or employee of an element of the intelligence community 

from engaging in outside employment if such employment creates 

a conflict of interest or appearance thereof. 

‘‘(2) The Director of National Intelligence shall annually submit 

to the congressional intelligence committees a report describing 

all outside employment for officers and employees of elements of 

the intelligence community that was authorized by the head of 

an element of the intelligence community during the preceding 

calendar year. Such report shall be submitted each year on the 

date provided in section 507.’’. 

Subtitle B—Education Programs 

SEC. 311. PERMANENT AUTHORIZATION FOR THE PAT ROBERTS INTELLIGENCE SCHOLARS PROGRAM. 

(a) PERMANENT AUTHORIZATION.—Subtitle C of title X of the 

National Security Act of 1947 (50 U.S.C. 441m et seq.) is amended 

by adding at the end the following new section: 

‘‘PROGRAM ON RECRUITMENT AND TRAINING

‘‘SEC. 1022. (a) PROGRAM.—(1) The Director of National Intelligence shall carry out a program to ensure that selected students 

or former students are provided funds to continue academic 

training, or are reimbursed for academic training previously 

obtained, in areas of specialization that the Director, in consultation 

with the other heads of the elements of the intelligence community, 

identifies as areas in which the current capabilities of the intelligence community are deficient or in which future capabilities 

of the intelligence community are likely to be deficient. 

‘‘(2) A student or former student selected for participation in 

the program shall commit to employment with an element of the 

intelligence community, following completion of appropriate academic training, under such terms and conditions as the Director 

considers appropriate. 

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

Scholars Program. 

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

(a), the Director shall— 

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

training of participants as the Director considers appropriate 

to ensure that participants are prepared for employment as 

intelligence professionals; and 

‘‘(2) periodically review the areas of specialization of the 

elements of the intelligence community to determine the areas 

in which such elements are, or are likely to be, deficient in 

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

under subsection (a) shall be used— 

‘‘(1) to provide a monthly stipend for each month that 

a student is pursuing a course of study; 

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

for the completion of such course of study; 

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

former student requires or required to complete such course 

of study; 

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

for travel requested by an element of the intelligence community in relation to such program; or 

‘‘(5) for such other purposes the Director considers reasonably appropriate to carry out such program.’’. 

(b) CONFORMING AMENDMENTS.— 

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

in the first section of such Act, as amended by section 305 

of this Act, is further amended— 

(A) by transferring the item relating to section 1002 

so such item immediately follows the item relating to section 1001; and 

(B) by inserting after the item relating to section 1021 

the following new item: 

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

(2) REPEAL OF PILOT PROGRAM.— 

(A) AUTHORITY.—Section 318 of the Intelligence 

Authorization Act for Fiscal Year 2004 (Public Law 108– 

177; 50 U.S.C. 441g note) is repealed. 

(B) TABLE OF CONTENTS AMENDMENT.—The table of 

contents in section 1 of the Intelligence Authorization Act 

for Fiscal Year 2004 (Public Law 108–177; 117 Stat. 2599) 

is amended by striking the item relating to section 318. 

SEC. 312. MODIFICATIONS TO THE LOUIS STOKES EDUCATIONAL 

SCHOLARSHIP PROGRAM. 

(a) EXPANSION OF THE LOUIS STOKES EDUCATIONAL SCHOLARSHIP PROGRAM TO GRADUATE STUDENTS.—Section 16 of the National 

Security Agency Act of 1959 (50 U.S.C. 402 note) is amended— 

(1) in subsection (a)— 

(A) by inserting ‘‘and graduate’’ after ‘‘undergraduate’’; 

and 

(B) by striking ‘‘the baccalaureate’’ and inserting ‘‘a 

baccalaureate or graduate’’; 

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

‘‘undergraduate’’; 

(3) in subsection (e)(2), by inserting ‘‘and graduate’’ after 

‘‘undergraduate’’; and 

(4) by adding at the end the following new subsection: 

‘‘(h) The undergraduate and graduate training program established under this section shall be known as the Louis Stokes Educational Scholarship Program.’’. 

(b) AUTHORITY FOR PARTICIPATION BY INDIVIDUALS WHO ARE

NOT EMPLOYED BY THE UNITED STATES GOVERNMENT.— 

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

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

as amended by subsection (a)(2), is further amended by striking 
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‘‘civilian employees’’ and inserting ‘‘civilians who may or may 

not be employees’’. 

(2) CONFORMING AMENDMENTS.—Section 16 of the National 

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

by subsection (a), is further amended— 

(A) in subsection (c), by striking ‘‘employees’’ and 

inserting ‘‘program participants’’; and 

(B) in subsection (d)— 

(i) in paragraph (1)— 

(I) in the matter preceding subparagraph (A), 

strike ‘‘an employee of the Agency,’’ and insert 

‘‘a program participant,’’; 

(II) in subparagraph (A), by striking 

‘‘employee’’ and inserting ‘‘program participant’’; 

(III) in subparagraph (C)— 

(aa) by striking ‘‘employee’’ each place that 

term appears and inserting ‘‘program participant’’; and 

(bb) by striking ‘‘employee’s’’ each place 

that term appears and inserting ‘‘program 

participant’s’’; and 

(IV) in subparagraph (D)— 

(aa) by striking ‘‘employee’’ each place that 

term appears and inserting ‘‘program participant’’; and 

(bb) by striking ‘‘employee’s’’ each place 

that term appears and inserting ‘‘program 

participant’s’’; and 

(ii) in paragraph (3)(C)— 

(I) by striking ‘‘employee’’ both places that 

term appears and inserting ‘‘program participant’’; 

and 

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

‘‘program participant’s’’. 

(c) TERMINATION OF PROGRAM PARTICIPANTS.—Subsection 

(d)(1)(C) of section 16 of the National Security Agency Act of 1959 

(50 U.S.C. 402 note), as amended by subsection (b)(2)(B)(i)(III), 

is further amended by striking ‘‘terminated’’ and all that follows 

and inserting ‘‘terminated— 

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

participant; 

‘‘(ii) by the program participant voluntarily; or 

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

participant to maintain such level of academic standing 

in the educational course of training as the Director of 

the National Security Agency shall have specified in the 

agreement of the program participant under this subsection; and’’. 

(d) AUTHORITY TO WITHHOLD DISCLOSURE OF AFFILIATION WITH

NSA.—Subsection (e) of Section 16 of the National Security Agency 

Act of 1959 (50 U.S.C. 402 note) is amended by striking ‘‘(1) When 

an employee’’ and all that follows through ‘‘(2) Agency efforts’’ 

and inserting ‘‘Agency efforts’’. 

(e) AUTHORITY OF ELEMENTS OF THE INTELLIGENCE COMMUNITY

TO ESTABLISH A STOKES EDUCATIONAL SCHOLARSHIP PROGRAM.— (1) AUTHORITY.—Subtitle C of title X of the National Security Act of 1947 (50 U.S.C. 441m et seq.), as amended by 
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section 311 of this Act, is further amended by adding at the 

end the following new section: 

‘‘EDUCATIONAL SCHOLARSHIP PROGRAM

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

an element of the intelligence community may establish an undergraduate or graduate training program with respect to civilian 

employees and prospective civilian employees of such element 

similar in purpose, conditions, content, and administration to the 

program that the Secretary of Defense is authorized to establish 

under section 16 of the National Security Agency Act of 1959 

(50 U.S.C. 402 note).’’. 

(2) TABLE OF CONTENTS AMENDMENT.—The table of contents 

in the first section of the National Security Act of 1947, as 

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

inserting after the item relating to section 1022, as added 

by such section 311, the following new item: 

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

SEC. 313. INTELLIGENCE OFFICER TRAINING PROGRAM. 

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

Act of 1947 (50 U.S.C. 441m et seq.), as amended by section 312(e) 

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

new section: 

‘‘INTELLIGENCE OFFICER TRAINING PROGRAM

‘‘SEC. 1024. (a) PROGRAMS.—(1) The Director of National Intelligence may carry out grant programs in accordance with subsection 

(b) to enhance the recruitment and retention of an ethnically and 

culturally diverse intelligence community workforce with capabilities critical to the national security interests of the United States. 

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

the skills necessary to meet current or emergent needs of the 

intelligence community and the educational disciplines that will 

provide individuals with such skills. 

‘‘(b) INSTITUTIONAL GRANT PROGRAM.—(1) The Director may 

provide grants to institutions of higher education to support the 

establishment or continued development of programs of study in 

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

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

to the educational disciplines identified under subsection (a)(2), 

be used for the following purposes: 

‘‘(A) Curriculum or program development. 

‘‘(B) Faculty development. 

‘‘(C) Laboratory equipment or improvements. 

‘‘(D) Faculty research. 

‘‘(c) APPLICATION.—An institution of higher education seeking 

a grant under this section shall submit an application describing 

the proposed use of the grant at such time and in such manner 

as the Director may require. 

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

a grant under this section shall submit to the Director regular 

reports regarding the use of such grant, including— 

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

in the course of study funded by such grant; 
H. R. 2701—13 

‘‘(2) a description of the results and accomplishments 

related to such course of study; and 

‘‘(3) any other information that the Director may require. 

‘‘(e) REGULATIONS.—The Director shall prescribe such regulations as may be necessary to carry out this section. 

‘‘(f) DEFINITIONS.—In this section: 

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

Intelligence. 

‘‘(2) The term ‘institution of higher education’ has the 

meaning given the term in section 101 of the Higher Education 

Act of 1965 (20 U.S.C. 1001).’’. 

(b) REPEAL OF DUPLICATIVE PROVISIONS.— (1) IN GENERAL.—The following provisions of law are 

repealed: 

(A) Subsections (b) through (g) of section 319 of the 

Intelligence Authorization Act for Fiscal Year 2004 (Public 

Law 108–177; 50 U.S.C. 403 note). 

(B) Section 1003 of the National Security Act of 1947 

(50 U.S.C. 441g–2). 

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

Defense Authorization Act for Fiscal Year 2005 (Public 

Law 108–375; 50 U.S.C. 402 note). 

(2) EXISTING AGREEMENTS.—Notwithstanding the repeals 

made by paragraph (1), nothing in this subsection shall be 

construed to amend, modify, or abrogate any agreement, contract, or employment relationship that was in effect in relation 

to the provisions repealed under paragraph (1) on the day 

prior to the date of the enactment of this Act. 

(3) TECHNICAL AMENDMENT.—Section 319 of the Intelligence Authorization Act for Fiscal Year 2004 (Public Law 

108–177; 50 U.S.C. 403 note) is amended by striking ‘‘(a) 

FINDINGS.—’’. 

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

in the first section of the National Security Act of 1947, as amended 

by section 312 of this Act, is further amended by striking the 

item relating to section 1003 and inserting the following new item: 

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

SEC. 314. PILOT PROGRAM FOR INTENSIVE LANGUAGE INSTRUCTION 

IN AFRICAN LANGUAGES. 

(a) ESTABLISHMENT.—The Director of National Intelligence, in 

consultation with the National Security Education Board established under section 803(a) of the David L. Boren National Security 

Education Act of 1991 (50 U.S.C. 1903(a)), may establish a pilot 

program for intensive language instruction in African languages. 

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

(a) shall provide scholarships for programs that provide intensive 

language instruction— 

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

for which scholarships are not offered under the David L. 

Boren National Security Education Act of 1991 (50 U.S.C. 1901 

et seq.), as determined by the Director of National Intelligence; 

and 

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

the language is the native language of a significant portion 

of the population, as determined by the Director of National 

Intelligence. 
H. R. 2701—14 

(c) TERMINATION.—A pilot program established under subsection (a) shall terminate on the date that is five years after 

the date on which such pilot program is established. 

(d) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—There is authorized to be appropriated to carry out this section $2,000,000. 

(2) AVAILABILITY.—Funds authorized to be appropriated 

under paragraph (1) shall remain available until the termination of the pilot program in accordance with subsection (c). 

Subtitle C—Acquisition Matters 

SEC. 321. VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS. 

(a) VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS.— (1) IN GENERAL.—Title V of the National Security Act of 

1947 (50 U.S.C. 413 et seq.), as amended by section 305 of 

this Act, is further amended by inserting after section 506B, 

as added by section 305(a), the following new section: 

‘‘VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS

‘‘SEC. 506C. (a) INITIAL VULNERABILITY ASSESSMENTS.—(1)(A) 

Except as provided in subparagraph (B), the Director of National 

Intelligence shall conduct and submit to the congressional intelligence committees an initial vulnerability assessment for each 

major system and its significant items of supply— 

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

of Milestone B or an equivalent acquisition decision for the 

major system; or 

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

the enactment of the Intelligence Authorization Act for Fiscal 

Year 2010 in the case of a major system for which Milestone 

B or an equivalent acquisition decision— 

‘‘(I) was completed prior to such date of enactment; 

or 

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

following such date of enactment. 

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

committees an initial vulnerability assessment required by clause 

(ii) of subparagraph (A) not later than 180 days after the date 

such assessment is required to be submitted under such clause 

if the Director notifies the congressional intelligence committees 

of the extension of the submission date under this subparagraph 

and provides a justification for such extension. 

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

and its significant items of supply shall include use of an analysisbased approach to— 

‘‘(i) identify vulnerabilities; 

‘‘(ii) define exploitation potential; 

‘‘(iii) examine the system’s potential effectiveness; 

‘‘(iv) determine overall vulnerability; and 

‘‘(v) make recommendations for risk reduction. 

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

is not submitted to the congressional intelligence committees as 

required by paragraph (1), funds appropriated for the acquisition 

of the major system may not be obligated for a major contract 

related to the major system. Such prohibition on the obligation 
H. R. 2701—15 

of funds for the acquisition of the major system shall cease to 

apply on the date on which the congressional intelligence committees receive the initial vulnerability assessment. 

‘‘(b) SUBSEQUENT VULNERABILITY ASSESSMENTS.—(1) The 

Director of National Intelligence shall, periodically throughout the 

procurement of a major system or if the Director determines that 

a change in circumstances warrants the issuance of a subsequent 

vulnerability assessment, conduct a subsequent vulnerability 

assessment of each major system and its significant items of supply 

within the National Intelligence Program. 

‘‘(2) Upon the request of a congressional intelligence committee, 

the Director of National Intelligence may, if appropriate, recertify 

the previous vulnerability assessment or may conduct a subsequent 

vulnerability assessment of a particular major system and its 

significant items of supply within the National Intelligence Program. 

‘‘(3) Any subsequent vulnerability assessment of a major system 

and its significant items of supply shall include use of an analysisbased approach and, if applicable, a testing-based approach, to 

monitor the exploitation potential of such system and reexamine 

the factors described in clauses (i) through (v) of subsection (a)(1)(C). 

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

Intelligence shall give due consideration to the vulnerability assessments prepared for a given major system when developing and 

determining the National Intelligence Program budget. 

‘‘(d) CONGRESSIONAL OVERSIGHT.—(1) The Director of National 

Intelligence shall provide to the congressional intelligence committees a copy of each vulnerability assessment conducted under subsection (a) or (b) not later than 10 days after the date of the 

completion of such assessment. 

‘‘(2) The Director of National Intelligence shall provide the 

congressional intelligence committees with a proposed schedule for 

subsequent periodic vulnerability assessments of a major system 

under subsection (b)(1) when providing such committees with the 

initial vulnerability assessment under subsection (a) of such system 

as required by paragraph (1). 

‘‘(e) DEFINITIONS.—In this section: 

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

term in section 4(10) of the Office of Federal Procurement 

Policy Act (41 U.S.C. 403(10)). 

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

prime, associate, or Government-furnished equipment contracts 

under a major system that is in excess of $40,000,000 and 

that is not a firm, fixed price contract. 

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

term in section 506A(e). 

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

into major system development and demonstration pursuant 

to guidance prescribed by the Director of National Intelligence. 

‘‘(5) The term ‘vulnerability assessment’ means the process 

of identifying and quantifying vulnerabilities in a major system 

and its significant items of supply.’’. 

(2) TABLE OF CONTENTS AMENDMENT.—The table of contents 

in the first section of the National Security Act of 1947, as 

amended by section 313 of this Act, is further amended by 
H. R. 2701—16 

inserting after the item relating to section 506B, as added 

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

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

(b) DEFINITION OF MAJOR SYSTEM.—Paragraph (3) of section 

506A(e) of the National Security Act of 1947 (50 U.S.C. 415a– 

1(e)) is amended by striking ‘‘(in current fiscal year dollars)’’ and 

inserting ‘‘(based on fiscal year 2010 constant dollars)’’. 

SEC. 322. INTELLIGENCE COMMUNITY BUSINESS SYSTEM TRANSFORMATION. 

(a) INTELLIGENCE COMMUNITY BUSINESS SYSTEM TRANS- FORMATION.— (1) IN GENERAL.—Title V of the National Security Act of 

1947 (50 U.S.C. 413 et seq.), as amended by section 321 of 

this Act, is further amended by inserting after section 506C, 

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

‘‘INTELLIGENCE COMMUNITY BUSINESS SYSTEM TRANSFORMATION

‘‘SEC. 506D. (a) LIMITATION ON OBLIGATION OF FUNDS.—(1) 

Subject to paragraph (3), no funds appropriated to any element 

of the intelligence community may be obligated for an intelligence 

community business system transformation that will have a total 

cost in excess of $3,000,000 unless— 

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

of the Office of the Director of National Intelligence makes 

a certification described in paragraph (2) with respect to such 

intelligence community business system transformation; and 

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

under subsection (f). 

‘‘(2) The certification described in this paragraph for an intelligence community business system transformation is a certification 

made by the Director of the Office of Business Transformation 

of the Office of the Director of National Intelligence that the intelligence community business system transformation— 

‘‘(A) complies with the enterprise architecture under subsection (b) and such other policies and standards that the 

Director of National Intelligence considers appropriate; or 

‘‘(B) is necessary— 

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

or address a critical requirement; or 

‘‘(ii) to prevent a significant adverse effect on a project 

that is needed to achieve an essential capability, taking 

into consideration any alternative solutions for preventing 

such adverse effect. 

‘‘(3) With respect to a fiscal year after fiscal year 2010, the 

amount referred to in paragraph (1) in the matter preceding 

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

‘‘(A) the amount in effect under such paragraph (1) for 

the preceding fiscal year (determined after application of this 

paragraph), plus 

‘‘(B) such amount multiplied by the annual percentage 

increase in the consumer price index (all items; U.S. city average) as of September of the previous fiscal year. 

‘‘(b) ENTERPRISE ARCHITECTURE FOR INTELLIGENCE COMMUNITY

BUSINESS SYSTEMS.—(1) The Director of National Intelligence shall, 

acting through the board established under subsection (f), develop 
H. R. 2701—17 

and implement an enterprise architecture to cover all intelligence 

community business systems, and the functions and activities supported by such business systems. The enterprise architecture shall 

be sufficiently defined to effectively guide, constrain, and permit 

implementation of interoperable intelligence community business 

system solutions, consistent with applicable policies and procedures 

established by the Director of the Office of Management and Budget. 

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

include the following: 

‘‘(A) An information infrastructure that will enable the 

intelligence community to— 

‘‘(i) comply with all Federal accounting, financial 

management, and reporting requirements; 

‘‘(ii) routinely produce timely, accurate, and reliable 

financial information for management purposes; 

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

information and systems; and 

‘‘(iv) provide for the measurement of performance, 

including the ability to produce timely, relevant, and reliable cost information. 

‘‘(B) Policies, procedures, data standards, and system interface requirements that apply uniformly throughout the intelligence community. 

‘‘(c) RESPONSIBILITIES FOR INTELLIGENCE COMMUNITY BUSINESS

SYSTEM TRANSFORMATION.—The Director of National Intelligence 

shall be responsible for the entire life cycle of an intelligence 

community business system transformation, including review, 

approval, and oversight of the planning, design, acquisition, deployment, operation, and maintenance of the business system transformation. 

‘‘(d) INTELLIGENCE COMMUNITY BUSINESS SYSTEM INVESTMENT

REVIEW.—(1) The Director of the Office of Business Transformation 

of the Office of the Director of National Intelligence shall establish 

and implement, not later than 60 days after the enactment of 

the Intelligence Authorization Act for Fiscal Year 2010, an investment review process for the intelligence community business systems for which the Director of the Office of Business Transformation 

is responsible. 

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

‘‘(A) meet the requirements of section 11312 of title 40, 

United States Code; and 

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

of the Office of Business Transformation under such review 

process. 

‘‘(3) The investment review process under paragraph (1) shall 

include the following elements: 

‘‘(A) Review and approval by an investment review board 

(consisting of appropriate representatives of the intelligence 

community) of each intelligence community business system 

as an investment before the obligation of funds for such system. 

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

of every intelligence community business system investment. 

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

review of intelligence community business system investments 

depending on the scope, complexity, and cost of the system 

involved. 
H. R. 2701—18 

‘‘(D) Procedures for making certifications in accordance with 

the requirements of subsection (a)(2). 

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

year 2011, the Director of National Intelligence shall include in 

the materials the Director submits to Congress in support of the 

budget for such fiscal year that is submitted to Congress under 

section 1105 of title 31, United States Code, the following information: 

‘‘(1) An identification of each intelligence community business system for which funding is proposed in such budget. 

‘‘(2) An identification of all funds, by appropriation, proposed in such budget for each such system, including— 

‘‘(A) funds for current services to operate and maintain 

such system; 

‘‘(B) funds for business systems modernization identified for each specific appropriation; and 

‘‘(C) funds for associated business process improvement 

or reengineering efforts. 

‘‘(3) The certification, if any, made under subsection (a)(2) 

with respect to each such system. 

‘‘(f) INTELLIGENCE COMMUNITY BUSINESS SYSTEM TRANSFORMATION GOVERNANCE BOARD.—(1) The Director of National 

Intelligence shall establish a board within the intelligence community business system transformation governance structure (in this 

subsection referred to as the ‘Board’). 

‘‘(2) The Board shall— 

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

necessary to effectively integrate all business activities and 

any transformation, reform, reorganization, or process improvement initiatives undertaken within the intelligence community; 

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

‘‘(i) the enterprise architecture developed under subsection (b); and 

‘‘(ii) any plans for an intelligence community business 

systems modernization; 

‘‘(C) manage cross-domain integration consistent with such 

enterprise architecture; 

‘‘(D) coordinate initiatives for intelligence community business system transformation to maximize benefits and minimize 

costs for the intelligence community, and periodically report 

to the Director on the status of efforts to carry out an intelligence community business system transformation; 

‘‘(E) ensure that funds are obligated for intelligence community business system transformation in a manner consistent 

with subsection (a); and 

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

specify. 

‘‘(g) RELATION TO ANNUAL REGISTRATION REQUIREMENTS.— 

Nothing in this section shall be construed to alter the requirements 

of section 8083 of the Department of Defense Appropriations Act, 

2005 (Public Law 108–287; 118 Stat. 989), with regard to information technology systems (as defined in subsection (d) of such section). 

‘‘(h) RELATIONSHIP TO DEFENSE BUSINESS ENTERPRISE

ARCHITECTURE.—Nothing in this section shall be construed to 

exempt funds authorized to be appropriated to the Department 

of Defense from the requirements of section 2222 of title 10, United 
H. R. 2701—19 

States Code, to the extent that such requirements are otherwise 

applicable. 

‘‘(i) RELATION TO CLINGER-COHEN ACT.—(1) Executive agency 

responsibilities in chapter 113 of title 40, United States Code, 

for any intelligence community business system transformation 

shall be exercised jointly by— 

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

Information Officer of the Intelligence Community; and 

‘‘(B) the head of the executive agency that contains the 

element of the intelligence community involved and the chief 

information officer of that executive agency. 

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

the executive agency referred to in paragraph (1)(B) shall enter 

into a Memorandum of Understanding to carry out the requirements 

of this section in a manner that best meets the needs of the 

intelligence community and the executive agency. 

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

2011 through 2015, the Director of National Intelligence shall 

submit to the congressional intelligence committees a report on 

the compliance of the intelligence community with the requirements 

of this section. Each such report shall— 

‘‘(1) describe actions taken and proposed for meeting the 

requirements of subsection (a), including— 

‘‘(A) specific milestones and actual performance against 

specified performance measures, and any revision of such 

milestones and performance measures; and 

‘‘(B) specific actions on the intelligence community 

business system transformations submitted for certification 

under such subsection; 

‘‘(2) identify the number of intelligence community business 

system transformations that received a certification described 

in subsection (a)(2); and 

‘‘(3) describe specific improvements in business operations 

and cost savings resulting from successful intelligence community business systems transformation efforts. 

‘‘(k) DEFINITIONS.—In this section: 

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

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

Code. 

‘‘(2) The terms ‘information system’ and ‘information technology’ have the meanings given those terms in section 11101 

of title 40, United States Code. 

‘‘(3) The term ‘intelligence community business system’ 

means an information system, including a national security 

system, that is operated by, for, or on behalf of an element 

of the intelligence community, including a financial system, 

mixed system, financial data feeder system, and the business 

infrastructure capabilities shared by the systems of the business enterprise architecture, including people, process, and 

technology, that build upon the core infrastructure used to 

support business activities, such as acquisition, financial 

management, logistics, strategic planning and budgeting, 

installations and environment, and human resource management. 

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

transformation’ means— 
H. R. 2701—20 

‘‘(A) the acquisition or development of a new intelligence community business system; or 

‘‘(B) any significant modification or enhancement of 

an existing intelligence community business system (other 

than necessary to maintain current services). 

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

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

Code. 

‘‘(6) The term ‘Office of Business Transformation of the 

Office of the Director of National Intelligence’ includes any 

successor office that assumes the functions of the Office of 

Business Transformation of the Office of the Director of 

National Intelligence as carried out by the Office of Business 

Transformation on the date of the enactment of the Intelligence 

Authorization Act for Fiscal Year 2010.’’. 

(2) TABLE OF CONTENTS AMENDMENT.—The table of contents 

in the first section of that Act, as amended by section 321 

of this Act, is further amended by inserting after the item 

relating to section 506C, as added by section 321(a)(2), the 

following new item: 

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

(b) IMPLEMENTATION.— 

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

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

Intelligence shall designate a chair and other members to serve 

on the board established under subsection (f) of such section 

506D of the National Security Act of 1947 (as added by subsection (a)). 

(2) ENTERPRISE ARCHITECTURE.— (A) SCHEDULE FOR DEVELOPMENT.—The Director shall 

develop the enterprise architecture required by subsection 

(b) of such section 506D (as so added), including the initial 

Business Enterprise Architecture for business transformation, not later than 60 days after the enactment 

of this Act. 

(B) REQUIREMENT FOR IMPLEMENTATION PLAN.—In 

developing such an enterprise architecture, the Director 

shall develop an implementation plan for such enterprise 

architecture that includes the following: 

(i) An acquisition strategy for new systems that 

are expected to be needed to complete such enterprise 

architecture, including specific time-phased milestones, 

performance metrics, and a statement of the financial 

and nonfinancial resource needs. 

(ii) An identification of the intelligence community 

business systems in operation or planned as of the 

date that is 60 days after the enactment of this Act 

that will not be a part of such enterprise architecture, 

together with the schedule for the phased termination 

of the utilization of any such systems. 

(iii) An identification of the intelligence community 

business systems in operation or planned as of such 

date, that will be a part of such enterprise architecture, 

together with a strategy for modifying such systems 

to ensure that such systems comply with such enterprise architecture. 
H. R. 2701—21 

(C) SUBMISSION OF ACQUISITION STRATEGY.—Based on 

the results of an enterprise process management review 

and the availability of funds, the Director shall submit 

the acquisition strategy described in subparagraph (B)(i) 

to the congressional intelligence committees not later than 

March 31, 2011. 

SEC. 323. REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS. 

(a) REPORTS.— 

(1) IN GENERAL.—Title V of the National Security Act of 

1947 (50 U.S.C. 413 et seq.), as amended by section 322 of 

this Act, is further amended by inserting after section 506D, 

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

‘‘REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS

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

‘‘(1) The term ‘cost estimate’— 

‘‘(A) means an assessment and quantification of all 

costs and risks associated with the acquisition of a major 

system based upon reasonably available information at the 

time the Director establishes the 2010 adjusted total 

acquisition cost for such system pursuant to subsection 

(h) or restructures such system pursuant to section 506F(c); 

and 

‘‘(B) does not mean an ‘independent cost estimate’. 

‘‘(2) The term ‘critical cost growth threshold’ means a 

percentage increase in the total acquisition cost for a major 

system of at least 25 percent over the total acquisition cost 

for the major system as shown in the current Baseline Estimate 

for the major system. 

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

projected total acquisition cost of a major system that is— 

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

Director, at Milestone B or an equivalent acquisition decision for the development, procurement, and construction 

of such system; 

‘‘(ii) approved by the Director at the time such system 

is restructured pursuant to section 506F(c); or 

‘‘(iii) the 2010 adjusted total acquisition cost determined pursuant to subsection (h). 

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

an independent cost estimate. 

‘‘(4) Except as otherwise specifically provided, the term 

‘Director’ means the Director of National Intelligence. 

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

given that term in section 506A(e). 

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

prime, associate, or Government-furnished equipment contracts 

under a major system that is in excess of $40,000,000 and 

that is not a firm, fixed price contract. 

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

term in section 506A(e). 

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

into major system development and demonstration pursuant 

to guidance prescribed by the Director. 

‘‘(9) The term ‘program manager’ means— 
H. R. 2701—22 

‘‘(A) the head of the element of the intelligence community that is responsible for the budget, cost, schedule, and 

performance of a major system; or 

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

of the Director of National Intelligence, the deputy who 

is responsible for the budget, cost, schedule, and performance of the major system. 

‘‘(10) The term ‘significant cost growth threshold’ means 

the percentage increase in the total acquisition cost for a major 

system of at least 15 percent over the total acquisition cost 

for such system as shown in the current Baseline Estimate 

for such system. 

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

equal to the total cost for development and procurement of, 

and system-specific construction for, a major system. 

‘‘(b) MAJOR SYSTEM COST REPORTS.—(1) The program manager 

for a major system shall, on a quarterly basis, submit to the 

Director a major system cost report as described in paragraph 

(2). 

‘‘(2) A major system cost report shall include the following 

information (as of the last day of the quarter for which the report 

is made): 

‘‘(A) The total acquisition cost for the major system. 

‘‘(B) Any cost variance or schedule variance in a major 

contract for the major system since the contract was entered 

into. 

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

or performances that are known, expected, or anticipated by 

the program manager. 

‘‘(D) Any significant changes in the total acquisition cost 

for development and procurement of any software component 

of the major system, schedule milestones for such software 

component of the major system, or expected performance of 

such software component of the major system that are known, 

expected, or anticipated by the program manager. 

‘‘(3) Each major system cost report required by paragraph (1) 

shall be submitted not more than 30 days after the end of the 

reporting quarter. 

‘‘(c) REPORTS FOR BREACH OF SIGNIFICANT OR CRITICAL COST

GROWTH THRESHOLDS.—If the program manager of a major system 

for which a report has previously been submitted under subsection 

(b) determines at any time during a quarter that there is reasonable 

cause to believe that the total acquisition cost for the major system 

has increased by a percentage equal to or greater than the significant cost growth threshold or critical cost growth threshold and 

if a report indicating an increase of such percentage or more has 

not previously been submitted to the Director, then the program 

manager shall immediately submit to the Director a major system 

cost report containing the information, determined as of the date 

of the report, required under subsection (b). 

‘‘(d) NOTIFICATION TO CONGRESS OF COST GROWTH.—(1) Whenever a major system cost report is submitted to the Director, the 

Director shall determine whether the current acquisition cost for 

the major system has increased by a percentage equal to or greater 

than the significant cost growth threshold or the critical cost growth 

threshold. 
H. R. 2701—23 

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

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

significant cost growth threshold or critical cost growth threshold, 

the Director shall submit to Congress a Major System Congressional 

Report pursuant to subsection (e). 

‘‘(e) REQUIREMENT FOR MAJOR SYSTEM CONGRESSIONAL

REPORT.—(1) Whenever the Director determines under subsection 

(d) that the total acquisition cost of a major system has increased 

by a percentage equal to or greater than the significant cost growth 

threshold for the major system, a Major System Congressional 

Report shall be submitted to Congress not later than 45 days 

after the date on which the Director receives the major system 

cost report for such major system. 

‘‘(2) If the total acquisition cost of a major system (as determined by the Director under subsection (d)) increases by a percentage equal to or greater than the critical cost growth threshold 

for the program or subprogram, the Director shall take actions 

consistent with the requirements of section 506F. 

‘‘(f) MAJOR SYSTEM CONGRESSIONAL REPORT ELEMENTS.—(1) 

Except as provided in paragraph (2), each Major System Congressional Report shall include the following: 

‘‘(A) The name of the major system. 

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

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

date of the preparation of the report. 

‘‘(D) The estimate of the total acquisition cost for the major 

system expressed in constant base-year dollars and in current 

dollars. 

‘‘(E) The current Baseline Estimate for the major system 

in constant base-year dollars and in current dollars. 

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

acquisition cost for the major system. 

‘‘(G) The completion status of the major system— 

‘‘(i) expressed as the percentage that the number of 

years for which funds have been appropriated for the major 

system is of the number of years for which it is planned 

that funds will be appropriated for the major system; and 

‘‘(ii) expressed as the percentage that the amount of 

funds that have been appropriated for the major system 

is of the total amount of funds which it is planned will 

be appropriated for the major system. 

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

authorized and in which funds for such system were first appropriated by Congress. 

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

and expressed as a percentage, in the total acquisition cost 

for the major system, stated both in constant base-year dollars 

and in current dollars. 

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

major system and the current change and total change, if 

any, in that quantity. 

‘‘(K) The identities of the officers responsible for management and cost control of the major system. 

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

future cost growth of the major system. 

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

milestones of the major system and the extent to which such 
H. R. 2701—24 

changes have contributed to the increase in total acquisition 

cost for the major system. 

‘‘(N) The following contract performance assessment 

information with respect to each major contract under the 

major system: 

‘‘(i) The name of the contractor. 

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

of the preparation of the report. 

‘‘(iii) The percentage of work under the contract that 

has been completed. 

‘‘(iv) Any current change and the total change, in dollars and expressed as a percentage, in the contract cost. 

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

ahead of or behind schedule. 

‘‘(vi) A narrative providing a summary explanation of 

the most significant occurrences, including cost and 

schedule variances under major contracts of the major 

system, contributing to the changes identified and a discussion of the effect these occurrences will have on the future 

costs and schedule of the major system. 

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

a software component of the major system significantly contributed to the increase in costs of the major system, the action 

taken and proposed to be taken to solve such problems. 

‘‘(2) A Major System Congressional Report prepared for a major 

system for which the increase in the total acquisition cost is due 

to termination or cancellation of the entire major system shall 

include only— 

‘‘(A) the information described in subparagraphs (A) 

through (F) of paragraph (1); and 

‘‘(B) the total percentage change in total acquisition cost 

for such system. 

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

of an increase by a percentage equal to or greater than the significant cost growth threshold is made by the Director under subsection 

(d) and a Major System Congressional Report containing the 

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

under subsection (e)(1), or if a determination of an increase by 

a percentage equal to or greater than the critical cost growth 

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

Major System Congressional Report containing the information 

described in subsection (f) and section 506F(b)(3) and the certification required by section 506F(b)(2) are not submitted to Congress 

under subsection (e)(2), funds appropriated for construction, 

research, development, test, evaluation, and procurement may not 

be obligated for a major contract under the major system. The 

prohibition on the obligation of funds for a major system shall 

cease to apply at the end of the 45-day period that begins on 

the date— 

‘‘(1) on which Congress receives the Major System Congressional Report under subsection (e)(1) with respect to that major 

system, in the case of a determination of an increase by a 

percentage equal to or greater than the significant cost growth 

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

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

Congressional Report under subsection (e)(2) and the certification of the Director under section 506F(b)(2) with respect 
H. R. 2701—25 

to that major system, in the case of an increase by a percentage 

equal to or greater than the critical cost growth threshold 

(as determined under subsection (d)). 

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

INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2010.—(1) Not 

later than 180 days after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2010, the Director— 

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

acquisition cost of such major system increased by a percentage 

equal to or greater than the significant cost growth threshold 

or the critical cost growth threshold prior to such date of 

enactment; 

‘‘(B) shall establish for each major system for which the 

total acquisition cost has increased by a percentage equal to 

or greater than the significant cost growth threshold or the 

critical cost growth threshold prior to such date of enactment 

a revised current Baseline Estimate based upon an updated 

cost estimate; 

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

(B), establish a revised current Baseline Estimate based upon 

an updated cost estimate; and 

‘‘(D) shall submit to Congress a report describing— 

‘‘(i) each determination made under subparagraph (A); 

‘‘(ii) each revised current Baseline Estimate established 

for a major system under subparagraph (B); and 

‘‘(iii) each revised current Baseline Estimate established for a major system under subparagraph (C), 

including the percentage increase of the total acquisition 

cost of such major system that occurred prior to the date 

of the enactment of such Act. 

‘‘(2) The revised current Baseline Estimate established for a 

major system under subparagraph (B) or (C) of paragraph (1) shall 

be the 2010 adjusted total acquisition cost for the major system 

and may include the estimated cost of conducting any vulnerability 

assessments for such major system required under section 506C. 

‘‘(i) REQUIREMENTS TO USE BASE YEAR DOLLARS.—Any determination of a percentage increase under this section shall be stated 

in terms of constant base year dollars. 

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

under this section may be submitted in a classified form.’’. 

(2) APPLICABILITY DATE OF QUARTERLY REPORTS.—The first 

report required to be submitted under subsection (b) of section 

506E of the National security Act of 1947, as added by paragraph (1) of this subsection, shall be submitted with respect 

to the first fiscal quarter that begins on a date that is not 

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

Act. 

(3) TABLE OF CONTENTS AMENDMENT.—The table of contents 

in the first section of that Act, as amended by section 322 

of this Act, is further amended by inserting after the item 

relating to section 506D, as added by section 322(a)(2), the 

following new item: 

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

(b) MAJOR DEFENSE ACQUISITION PROGRAMS.—Nothing in this 

section, section 324, or an amendment made by this section or 

section 324, shall be construed to exempt an acquisition program 
H. R. 2701—26 

of the Department of Defense from the requirements of chapter 

144 of title 10, United States Code or Department of Defense 

Directive 5000, to the extent that such requirements are otherwise 

applicable. 

SEC. 324. CRITICAL COST GROWTH IN MAJOR SYSTEMS. 

(a) IN GENERAL.—Title V of the National Security Act of 1947 

(50 U.S.C. 413 et seq.), as amended by section 323 of this Act, 

is further amended by inserting after section 506E, as added by 

section 323(a), the following new section: 

‘‘CRITICAL COST GROWTH IN MAJOR SYSTEMS

‘‘SEC. 506F. (a) REASSESSMENT OF MAJOR SYSTEM.—If the 

Director of National Intelligence determines under section 506E(d) 

that the total acquisition cost of a major system has increased 

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

threshold for the major system, the Director shall— 

‘‘(1) determine the root cause or causes of the critical cost 

growth, in accordance with applicable statutory requirements, 

policies, procedures, and guidance; and 

‘‘(2) carry out an assessment of— 

‘‘(A) the projected cost of completing the major system 

if current requirements are not modified; 

‘‘(B) the projected cost of completing the major system 

based on reasonable modification of such requirements; 

‘‘(C) the rough order of magnitude of the costs of any 

reasonable alternative system or capability; and 

‘‘(D) the need to reduce funding for other systems due 

to the growth in cost of the major system. 

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

reassessment required by subsection (a) with respect to a major 

system, the Director shall terminate the major system unless the 

Director submits to Congress a Major System Congressional Report 

containing a certification in accordance with paragraph (2) and 

the information described in paragraph (3). The Director shall 

submit such Major System Congressional Report and certification 

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

relevant major system cost report under subsection (b) or (c) of 

section 506E. 

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

to a major system is a written certification that— 

‘‘(A) the continuation of the major system is essential to 

the national security; 

‘‘(B) there are no alternatives to the major system that 

will provide acceptable capability to meet the intelligence 

requirement at less cost; 

‘‘(C) the new estimates of the total acquisition cost have 

been determined by the Director to be reasonable; 

‘‘(D) the major system is a higher priority than other systems whose funding must be reduced to accommodate the 

growth in cost of the major system; and 

‘‘(E) the management structure for the major system is 

adequate to manage and control the total acquisition cost. 

‘‘(3) A Major System Congressional Report accompanying a 

written certification under paragraph (2) shall include, in addition 

to the requirements of section 506E(e), the root cause analysis 

and assessment carried out pursuant to subsection (a), the basis 
H. R. 2701—27 

for each determination made in accordance with subparagraphs 

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

changes made as a result of the growth in the cost of the major 

system, including reductions made in funding for other systems 

to accommodate such cost growth, together with supporting documentation. 

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

Director elects not to terminate a major system pursuant to subsection (b), the Director shall— 

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

addresses the root cause or causes of the critical cost growth, 

as identified pursuant to subsection (a), and ensures that the 

system has an appropriate management structure as set forth 

in the certification submitted pursuant to subsection (b)(2)(E); 

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

major system; 

‘‘(3) require a new Milestone approval for the major system 

before taking any action to enter a new contract, exercise 

an option under an existing contract, or otherwise extend the 

scope of an existing contract under the system, except to the 

extent determined necessary by the Milestone Decision 

Authority, on a nondelegable basis, to ensure that the system 

may be restructured as intended by the Director without 

unnecessarily wasting resources; 

‘‘(4) establish a revised current Baseline Estimate for the 

major system based upon an updated cost estimate; and 

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

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

is terminated pursuant to subsection (b), the Director shall submit 

to Congress a written report setting forth— 

‘‘(1) an explanation of the reasons for terminating the major 

system; 

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

in the major system; and 

‘‘(3) the course the Director plans to pursue to meet any 

intelligence requirements otherwise intended to be met by the 

major system. 

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

to be submitted under this section may be submitted in a classified 

form. 

‘‘(f) WAIVER.—(1) The Director may waive the requirements 

of subsections (d)(2), (e), and (g) of section 506E and subsections 

(a)(2), (b), (c), and (d) of this section with respect to a major 

system if the Director determines that at least 90 percent of the 

amount of the current Baseline Estimate for the major system 

has been expended. 

‘‘(2)(A) If the Director grants a waiver under paragraph (1) 

with respect to a major system, the Director shall submit to the 

congressional intelligence committees written notice of the waiver 

that includes— 

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

‘‘(ii) if the current total acquisition cost of the major system 

has increased by a percentage equal to or greater than the 

critical cost growth threshold— 

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

the critical cost growth, as described in subsection (a)(1); 

and 
H. R. 2701—28 

‘‘(II) a certification that includes the elements described 

in subparagraphs (A), (B), and (E) of subsection (b)(2). 

‘‘(B) The Director shall submit the written notice required by 

subparagraph (A) not later than 90 days after the date that the 

Director receives a major system cost report under subsection (b) 

or (c) of section 506E that indicates that the total acquisition 

cost for the major system has increased by a percentage equal 

to or greater than the significant cost growth threshold or critical 

cost growth threshold. 

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

‘critical cost growth threshold’, ‘current Baseline Estimate’, ‘major 

system’, and ‘total acquisition cost’ have the meaning given those 

terms in section 506E(a).’’. 

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

in the first section of that Act, as amended by section 323 of 

this Act, is further amended by inserting after the items relating 

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

item: 

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

SEC. 325. FUTURE BUDGET PROJECTIONS. 

(a) IN GENERAL.—Title V of the National Security Act of 1947 

(50 U.S.C. 413 et seq.), as amended by section 324 of this Act, 

is further amended by inserting after section 506F, as added by 

section 324(a), the following new section: 

‘‘FUTURE BUDGET PROJECTIONS

‘‘SEC. 506G. (a) FUTURE YEAR INTELLIGENCE PLANS.—(1) The 

Director of National Intelligence, with the concurrence of the 

Director of the Office of Management and Budget, shall provide 

to the congressional intelligence committees a Future Year Intelligence Plan, as described in paragraph (2), for— 

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

Program; and 

‘‘(B) each major system in the National Intelligence Program. 

‘‘(2)(A) A Future Year Intelligence Plan submitted under this 

subsection shall include the year-by-year proposed funding for each 

center or system referred to in subparagraph (A) or (B) of paragraph 

(1), for the budget year for which the Plan is submitted and not 

less than the 4 subsequent fiscal years. 

‘‘(B) A Future Year Intelligence Plan submitted under subparagraph (B) of paragraph (1) for a major system shall include— 

‘‘(i) the estimated total life-cycle cost of such major system; 

and 

‘‘(ii) major milestones that have significant resource 

implications for such major system. 

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

National Intelligence, with the concurrence of the Director of the 

Office of Management and Budget, shall provide to the congressional 

intelligence committees a Long-term Budget Projection for each 

element of the intelligence community funded under the National 

Intelligence Program acquiring a major system that includes the 

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

day after the end of the last fiscal year for which year-by-year 
H. R. 2701—29 

proposed funding is included in a Future Year Intelligence Plan 

for such major system in accordance with subsection (a)(2)(A). 

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

(1) shall include— 

‘‘(A) projections for the appropriate element of the intelligence community for— 

‘‘(i) pay and benefits of officers and employees of such 

element; 

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

acquisitions of such element; 

‘‘(iii) research and technology required by such element; 

‘‘(iv) current and planned major system acquisitions 

for such element; 

‘‘(v) any future major system acquisitions for such element; and 

‘‘(vi) any additional funding projections that the 

Director of National Intelligence considers appropriate; 

‘‘(B) a budget projection based on effective cost and schedule 

execution of current or planned major system acquisitions and 

application of Office of Management and Budget inflation estimates to future major system acquisitions; 

‘‘(C) any additional assumptions and projections that the 

Director of National Intelligence considers appropriate; and 

‘‘(D) a description of whether, and to what extent, the 

total projection for each year exceeds the level that would 

result from applying the most recent Office of Management 

and Budget inflation estimate to the budget of that element 

of the intelligence community. 

‘‘(c) SUBMISSION TO CONGRESS.—The Director of National Intelligence, with the concurrence of the Director of the Office of Management and Budget, shall submit to the congressional intelligence 

committees each Future Year Intelligence Plan or Long-term Budget 

Projection required under subsection (a) or (b) for a fiscal year 

at the time that the President submits to Congress the budget 

for such fiscal year pursuant section 1105 of title 31, United States 

Code. 

‘‘(d) MAJOR SYSTEM AFFORDABILITY REPORT.—(1) The Director 

of National Intelligence, with the concurrence of the Director of 

the Office of Management and Budget, shall prepare a report on 

the acquisition of a major system funded under the National Intelligence Program before the time that the President submits to 

Congress the budget for the first fiscal year in which appropriated 

funds are anticipated to be obligated for the development or procurement of such major system. 

‘‘(2) The report on such major system shall include an assessment of whether, and to what extent, such acquisition, if developed, 

procured, and operated, is projected to cause an increase in the 

most recent Future Year Intelligence Plan and Long-term Budget 

Projection submitted under section 506G for an element of the 

intelligence community. 

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

report whenever an independent cost estimate must be updated 

pursuant to section 506A(a)(4). 

‘‘(4) The Director of National Intelligence shall submit each 

report required by this subsection at the time that the President 

submits to Congress the budget for a fiscal year pursuant to section 

1105 of title 31, United States Code. 
H. R. 2701—30 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) BUDGET YEAR.—The term ‘budget year’ means the next 

fiscal year for which the President is required to submit to 

Congress a budget pursuant to section 1105 of title 31, United 

States Code. 

‘‘(2) INDEPENDENT COST ESTIMATE; MAJOR SYSTEM.—The 

terms ‘independent cost estimate’ and ‘major system’ have the 

meaning given those terms in section 506A(e).’’. 

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

Plan and Long-term Budget Projection required to be submitted 

under subsection (a) and (b) of section 506G of the National Security 

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

the congressional intelligence committees at the time that the President submits to Congress the budget for fiscal year 2012 pursuant 

to section 1105 of title 31, United States Code. 

(c) CONFORMING AMENDMENTS.— 

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

in the first section of that Act, as amended by section 324 

of this Act, is further amended by inserting after the items 

relating to section 506F, as added by section 324(b), the following new item: 

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

(2) REPEAL OF DUPLICATIVE PROVISION.—Section 8104 of 

the Department of Defense Appropriations Act, 2010 (50 U.S.C. 

415a–3; Public Law 111–118; 123 Stat. 3451) is repealed. 

SEC. 326. NATIONAL INTELLIGENCE PROGRAM FUNDED ACQUISITIONS. 

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

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

following new paragraph: 

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

(1), the Director of National Intelligence may authorize the head 

of an element of the intelligence community to exercise an acquisition authority referred to in section 3 or 8(a) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403c and 403j(a)) for an 

acquisition by such element that is more than 50 percent funded 

under the National Intelligence Program. 

‘‘(B) The head of an element of the intelligence community 

may not exercise an authority referred to in subparagraph (A) 

until— 

‘‘(i) the head of such element (without delegation) submits 

to the Director of National Intelligence a written request that 

includes— 

‘‘(I) a description of such authority requested to be 

exercised; 

‘‘(II) an explanation of the need for such authority, 

including an explanation of the reasons that other authorities are insufficient; and 

‘‘(III) a certification that the mission of such element 

would be— 

‘‘(aa) impaired if such authority is not exercised; 

or 

‘‘(bb) significantly and measurably enhanced if 

such authority is exercised; and 
H. R. 2701—31 

‘‘(ii) the Director of National Intelligence issues a written 

authorization that includes— 

‘‘(I) a description of the authority referred to in 

subparagraph (A) that is authorized to be exercised; and 

‘‘(II) a justification to support the exercise of such 

authority. 

‘‘(C) A request and authorization to exercise an authority 

referred to in subparagraph (A) may be made with respect to 

an individual acquisition or with respect to a specific class of 

acquisitions described in the request and authorization referred 

to in subparagraph (B). 

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

community located within one of the departments described in 

clause (ii) to exercise an authority referred to in subparagraph 

(A) shall be submitted to the Director of National Intelligence 

in accordance with any procedures established by the head of such 

department. 

‘‘(ii) The departments described in this clause are the Department of Defense, the Department of Energy, the Department of 

Homeland Security, the Department of Justice, the Department 

of State, and the Department of the Treasury. 

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

may not be authorized to utilize an authority referred to in subparagraph (A) for a class of acquisitions for a period of more than 

3 years, except that the Director of National Intelligence (without 

delegation) may authorize the use of such an authority for not 

more than 6 years. 

‘‘(ii) Each authorization to utilize an authority referred to in 

subparagraph (A) may be extended in accordance with the requirements of subparagraph (B) for successive periods of not more than 

3 years, except that the Director of National Intelligence (without 

delegation) may authorize an extension period of not more than 

6 years. 

‘‘(F) Subject to clauses (i) and (ii) of subparagraph (E), the 

Director of National Intelligence may only delegate the authority 

of the Director under subparagraphs (A) through (E) to the Principal 

Deputy Director of National Intelligence or a Deputy Director of 

National Intelligence. 

‘‘(G) The Director of National Intelligence shall submit— 

‘‘(i) to the congressional intelligence committees a notification of an authorization to exercise an authority referred to 

in subparagraph (A) or an extension of such authorization 

that includes the written authorization referred to in subparagraph (B)(ii); and 

‘‘(ii) to the Director of the Office of Management and Budget 

a notification of an authorization to exercise an authority 

referred to in subparagraph (A) for an acquisition or class 

of acquisitions that will exceed $50,000,000 annually. 

‘‘(H) Requests and authorizations to exercise an authority 

referred to in subparagraph (A) shall remain available within the 

Office of the Director of National Intelligence for a period of at 

least 6 years following the date of such request or authorization. 

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

otherwise limit the authority of the Central Intelligence Agency 

to independently exercise an authority under section 3 or 8(a) 

of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403c 

and 403j(a)).’’. 
H. R. 2701—32 

Subtitle D—Congressional Oversight, 

Plans, and Reports 

SEC. 331. NOTIFICATION PROCEDURES. 

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

of 1947 (50 U.S.C. 413(c)) is amended by striking ‘‘such procedures’’ 

and inserting ‘‘such written procedures’’. 

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

(50 U.S.C. 413a(a)(2)) is amended by inserting ‘‘(including the legal 

basis under which the intelligence activity is being or was conducted)’’ after ‘‘concerning intelligence activities’’. 

(c) COVERT ACTIONS.—Section 503 of such Act (50 U.S.C. 413b) 

is amended— 

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

basis under which the covert action is being or was conducted)’’ 

after ‘‘concerning covert actions’’; 

(2) in subsection (c)— 

(A) in paragraph (1), by inserting ‘‘in writing’’ after 

‘‘be reported’’; 

(B) in paragraph (4), by striking ‘‘committee. When’’ 

and inserting the following: ‘‘committee. 

‘‘(5)(A) When’’; and 

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

(B)— 

(i) in subparagraph (A), as so designated— 

(I) by inserting ‘‘, or a notification provided 

under subsection (d)(1),’’ after ‘‘access to a finding’’; 

(II) by inserting ‘‘written’’ before ‘‘statement’’; 

and 

(ii) by adding at the end the following new 

subparagraph: 

‘‘(B) Not later than 180 days after a statement of 

reasons is submitted in accordance with subparagraph (A) 

or this subparagraph, the President shall ensure that— 

‘‘(i) all members of the congressional intelligence 

committees are provided access to the finding or 

notification; or 

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

to continue to limit access to such finding or such 

notification to meet extraordinary circumstances 

affecting vital interests of the United States is submitted to the Members of Congress specified in paragraph (2).’’; 

(3) in subsection (d)— 

(A) by striking ‘‘(d) The President’’ and inserting ‘‘(d)(1) 

The President’’; 

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

(A), by inserting ‘‘in writing’’ after ‘‘notified’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(2) In determining whether an activity constitutes a 

significant undertaking for purposes of paragraph (1), the President shall consider whether the activity— 

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

‘‘(B) requires an expansion of existing authorities, 

including authorities relating to research, development, or 

operations; 
H. R. 2701—33 

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

or other resources; 

‘‘(D) requires notification under section 504; 

‘‘(E) gives rise to a significant risk of disclosing intelligence sources or methods; or 

‘‘(F) presents a reasonably foreseeable risk of serious 

damage to the diplomatic relations of the United States 

if such activity were disclosed without authorization.’’; and 

(4) by adding at the end the following new subsection: 

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

subsection (c) or notification provided under subsection (d)(1) is 

not made available to all members of a congressional intelligence 

committee in accordance with subsection (c)(2), the President shall 

notify all members of such committee that such finding or such 

notification has been provided only to the members specified in 

subsection (c)(2). 

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

subsection (c) or notification provided under subsection (d)(1) is 

not made available to all members of a congressional intelligence 

committee in accordance with subsection (c)(2), the President shall 

provide to all members of such committee a general description 

regarding the finding or notification, as applicable, consistent with 

the reasons for not yet fully informing all members of such committee. 

‘‘(3) The President shall maintain— 

‘‘(A) a record of the members of Congress to whom a finding 

is reported under subsection (c) or notification is provided under 

subsection (d)(1) and the date on which each member of Congress receives such finding or notification; and 

‘‘(B) each written statement provided under subsection 

(c)(5).’’. 

SEC. 332. CERTIFICATION OF COMPLIANCE WITH OVERSIGHT 

REQUIREMENTS. 

(a) IN GENERAL.—Title V of the National Security Act of 1947 

(50 U.S.C. 413 et seq.), as amended by section 325 of this Act, 

is further amended by adding at the end the following new section: 

‘‘CERTIFICATION OF COMPLIANCE WITH OVERSIGHT REQUIREMENTS

‘‘SEC. 508. The head of each element of the intelligence community shall annually submit to the congressional intelligence committees— 

‘‘(1) a certification that, to the best of the knowledge of 

the head of such element— 

‘‘(A) the head of such element is in full compliance 

with the requirements of this title; and 

‘‘(B) any information required to be submitted by the 

head of such element under this Act before the date of 

the submission of such certification has been properly submitted; or 

‘‘(2) if the head of such element is unable to submit a 

certification under paragraph (1), a statement— 

‘‘(A) of the reasons the head of such element is unable 

to submit such a certification; 

‘‘(B) describing any information required to be submitted by the head of such element under this Act before 
H. R. 2701—34 

the date of the submission of such statement that has 

not been properly submitted; and 

‘‘(C) that the head of such element will submit such 

information as soon as possible after the submission of 

such statement.’’. 

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

required to be submitted by the head of each element of the intelligence community under section 508 of the National Security Act 

of 1947, as added by subsection (a), shall be submitted not later 

than 90 days after the date of the enactment of this Act. 

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

in the first section of the National Security Act of 1947, as amended 

by section 325 of this Act, is further amended by inserting after 

the item related to section 507 the following new item: 

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

SEC. 333. REPORT ON DETENTION AND INTERROGATION ACTIVITIES. 

(a) REQUIREMENT FOR REPORT.—Not later than December 1, 

2010, the Director of National Intelligence, in coordination with 

the Attorney General and the Secretary of Defense, shall submit 

to the congressional intelligence committees a comprehensive report 

containing— 

(1) the policies and procedures of the United States Government governing participation by an element of the intelligence 

community in the interrogation of individuals detained by the 

United States who are suspected of international terrorism 

with the objective, in whole or in part, of acquiring national 

intelligence, including such policies and procedures of each 

appropriate element of the intelligence community or interagency body established to carry out interrogations; 

(2) the policies and procedures relating to any detention 

by the Central Intelligence Agency of such individuals in accordance with Executive Order 13491; 

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

to in paragraphs (1) and (2); 

(4) the training and research to support the policies and 

procedures referred to in paragraphs (1) and (2); and 

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

1004 of the Detainee Treatment Act of 2005 (42 U.S.C. 2000dd– 

1). 

(b) OTHER SUBMISSION OF REPORT.— 

(1) CONGRESSIONAL ARMED SERVICES COMMITTEES.—To the 

extent that the report required by subsection (a) addresses 

an element of the intelligence community within the Department of Defense, the Director of National Intelligence, in consultation with the Secretary of Defense, shall submit that portion of the report, and any associated material that is necessary 

to make that portion understandable, to the Committee on 

Armed Services of the Senate and the Committee on Armed 

Services of the House of Representatives. The Director of 

National Intelligence may authorize redactions of the report 

and any associated materials submitted pursuant to this paragraph, if such redactions are consistent with the protection 

of sensitive intelligence sources and methods. 

(2) CONGRESSIONAL JUDICIARY COMMITTEES.—To the extent 

that the report required by subsection (a) addresses an element 

of the intelligence community within the Department of Justice, 
H. R. 2701—35 

the Director of National Intelligence, in consultation with the 

Attorney General, shall submit that portion of the report, and 

any associated material that is necessary to make that portion 

understandable, to the Committee on the Judiciary of the 

Senate and the Committee on the Judiciary of the House of 

Representatives. The Director of National Intelligence may 

authorize redactions of the report and any associated materials 

submitted pursuant to this paragraph, if such redactions are 

consistent with the protection of sensitive intelligence sources 

and methods. 

(c) FORM OF SUBMISSIONS.—Any submission required under 

this section may be submitted in classified form. 

SEC. 334. SUMMARY OF INTELLIGENCE RELATING TO TERRORIST 

RECIDIVISM OF DETAINEES HELD AT UNITED STATES 

NAVAL STATION, GUANTANAMO BAY, CUBA. 

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

this Act, the Director of National Intelligence, in consultation with 

the Director of the Central Intelligence Agency and the Director 

of the Defense Intelligence Agency, shall make publicly available 

an unclassified summary of— 

(1) intelligence relating to recidivism of detainees currently 

or formerly held at the Naval Detention Facility at Guantanamo 

Bay, Cuba, by the Department of Defense; and 

(2) an assessment of the likelihood that such detainees 

will engage in terrorism or communicate with persons in terrorist organizations. 

SEC. 335. REPORT AND STRATEGIC PLAN ON BIOLOGICAL WEAPONS. 

(a) REQUIREMENT FOR REPORT.—Not later than 180 days after 

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

Intelligence shall submit to the congressional intelligence committees a report on— 

(1) the intelligence collection efforts of the United States 

dedicated to assessing the threat from biological weapons from 

state, nonstate, or rogue actors, either foreign or domestic; 

and 

(2) efforts to protect the biodefense knowledge and infrastructure of the United States. 

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

include— 

(1) an assessment of the intelligence collection efforts of 

the United States dedicated to detecting the development or 

use of biological weapons by state, nonstate, or rogue actors, 

either foreign or domestic; 

(2) information on fiscal, human, technical, open-source, 

and other intelligence collection resources of the United States 

dedicated for use to detect or protect against the threat of 

biological weapons; 

(3) an assessment of any problems that may reduce the 

overall effectiveness of United States intelligence collection and 

analysis to identify and protect biological weapons targets, 

including— 

(A) intelligence collection gaps or inefficiencies; 

(B) inadequate information sharing practices; or 

(C) inadequate cooperation among departments or 

agencies of the United States; 
H. R. 2701—36 

(4) a strategic plan prepared by the Director of National 

Intelligence, in coordination with the Attorney General, the 

Secretary of Defense, and the Secretary of Homeland Security, 

that provides for actions for the appropriate elements of the 

intelligence community to close important intelligence gaps 

related to biological weapons; 

(5) a description of appropriate goals, schedules, milestones, 

or metrics to measure the long-term effectiveness of actions 

implemented to carry out the plan described in paragraph 

(4); and 

(6) any long-term resource and human capital issues related 

to the collection of intelligence regarding biological weapons, 

including any recommendations to address shortfalls of experienced and qualified staff possessing relevant scientific, language, and technical skills. 

(c) IMPLEMENTATION OF STRATEGIC PLAN.—Not later than 30 

days after the date on which the Director of National Intelligence 

submits the report required by subsection (a), the Director shall 

begin implementation of the strategic plan referred to in subsection 

(b)(4). 

SEC. 336. CYBERSECURITY OVERSIGHT. 

(a) NOTIFICATION OF CYBERSECURITY PROGRAMS.— 

(1) REQUIREMENT FOR NOTIFICATION.— 

(A) EXISTING PROGRAMS.—Not later than 30 days after 

the date of the enactment of this Act, the President shall 

submit to Congress a notification for each cybersecurity 

program in operation on such date that includes the documentation referred to in subparagraphs (A) through (F) 

of paragraph (2). 

(B) NEW PROGRAMS.—Not later than 30 days after the 

date of the commencement of operations of a new cybersecurity program, the President shall submit to Congress a 

notification of such commencement that includes the documentation referred to in subparagraphs (A) through (F) 

of paragraph (2). 

(2) DOCUMENTATION.—A notification required by paragraph 

(1) for a cybersecurity program shall include— 

(A) the legal basis for the cybersecurity program; 

(B) the certification, if any, made pursuant to section 

2511(2)(a)(ii)(B) of title 18, United States Code, or other 

statutory certification of legality for the cybersecurity program; 

(C) the concept for the operation of the cybersecurity 

program that is approved by the head of the appropriate 

department or agency of the United States; 

(D) the assessment, if any, of the privacy impact of 

the cybersecurity program prepared by the privacy or civil 

liberties protection officer or comparable officer of such 

department or agency; 

(E) the plan, if any, for independent audit or review 

of the cybersecurity program to be carried out by the head 

of such department or agency, in conjunction with the 

appropriate inspector general; and 

(F) recommendations, if any, for legislation to improve 

the capabilities of the United States Government to protect 

the cybersecurity of the United States. 
H. R. 2701—37 

(b) PROGRAM REPORTS.— 

(1) REQUIREMENT FOR REPORTS.—The head of a department 

or agency of the United States with responsibility for a cybersecurity program for which a notification was submitted under 

subsection (a), in consultation with the inspector general for 

that department or agency, shall submit to Congress and the 

President a report on such cybersecurity program that 

includes— 

(A) the results of any audit or review of the cybersecurity program carried out under the plan referred to in 

subsection (a)(2)(E), if any; and 

(B) an assessment of whether the implementation of 

the cybersecurity program— 

(i) is in compliance with— 

(I) the legal basis referred to in subsection 

(a)(2)(A); and 

(II) an assessment referred to in subsection 

(a)(2)(D), if any; 

(ii) is adequately described by the concept of operation referred to in subsection (a)(2)(C); and 

(iii) includes an adequate independent audit or 

review system and whether improvements to such independent audit or review system are necessary. 

(2) SCHEDULE FOR SUBMISSION OF REPORTS.— 

(A) EXISTING PROGRAMS.—Not later than 180 days after 

the date of the enactment of this Act, and annually thereafter, the head of a department or agency of the United 

States with responsibility for a cybersecurity program for 

which a notification is required to be submitted under 

subsection (a)(1)(A) shall submit a report required under 

paragraph (1). 

(B) NEW PROGRAMS.—Not later than 120 days after 

the date on which a certification is submitted under subsection (a)(1)(B), and annually thereafter, the head of a 

department or agency of the United States with responsibility for the cybersecurity program for which such certification is submitted shall submit a report required under 

paragraph (1). 

(3) COOPERATION AND COORDINATION.— 

(A) COOPERATION.—The head of each department or 

agency of the United States required to submit a report 

under paragraph (1) for a particular cybersecurity program, 

and the inspector general of each such department or 

agency, shall, to the extent practicable, work in conjunction 

with any other such head or inspector general required 

to submit such a report for such cybersecurity program. 

(B) COORDINATION.—The heads of all of the departments and agencies of the United States required to submit 

a report under paragraph (1) for a particular cybersecurity 

program shall designate one such head to coordinate the 

conduct of the reports on such program. 

(c) INFORMATION SHARING REPORT.—Not later than one year 

after the date of the enactment of this Act, the Inspector General 

of the Department of Homeland Security and the Inspector General 

of the Intelligence Community shall jointly submit to Congress 

and the President a report on the status of the sharing of cyberthreat information, including— 
H. R. 2701—38 

(1) a description of how cyber-threat intelligence information, including classified information, is shared among the agencies and departments of the United States and with persons 

responsible for critical infrastructure; 

(2) a description of the mechanisms by which classified 

cyber-threat information is distributed; 

(3) an assessment of the effectiveness of cyber-threat 

information sharing and distribution; and 

(4) any other matters identified by either Inspector General 

that would help to fully inform Congress or the President 

regarding the effectiveness and legality of cybersecurity programs. 

(d) PERSONNEL DETAILS.— 

(1) AUTHORITY TO DETAIL.—Notwithstanding any other 

provision of law, the head of an element of the intelligence 

community that is funded through the National Intelligence 

Program may detail an officer or employee of such element 

to the National Cyber Investigative Joint Task Force or to 

the Department of Homeland Security to assist the Task Force 

or the Department with cybersecurity, as jointly agreed by 

the head of such element and the Task Force or the Department. 

(2) BASIS FOR DETAIL.—A personnel detail made under 

paragraph (1) may be made— 

(A) for a period of not more than three years; and 

(B) on a reimbursable or nonreimbursable basis. 

(e) ADDITIONAL PLAN.—Not later than 180 days after the date 

of the enactment of this Act, the Director of National Intelligence 

shall submit to Congress a plan for recruiting, retaining, and 

training a highly-qualified cybersecurity intelligence community 

workforce to secure the networks of the intelligence community. 

Such plan shall include— 

(1) an assessment of the capabilities of the current 

workforce; 

(2) an examination of issues of recruiting, retention, and 

the professional development of such workforce, including the 

possibility of providing retention bonuses or other forms of 

compensation; 

(3) an assessment of the benefits of outreach and training 

with both private industry and academic institutions with 

respect to such workforce; 

(4) an assessment of the impact of the establishment of 

the Department of Defense Cyber Command on such workforce; 

(5) an examination of best practices for making the intelligence community workforce aware of cybersecurity best practices and principles; and 

(6) strategies for addressing such other matters as the 

Director of National Intelligence considers necessary to the 

cybersecurity of the intelligence community. 

(f) REPORT ON GUIDELINES AND LEGISLATION TO IMPROVE

CYBERSECURITY OF THE UNITED STATES.— (1) INITIAL.—Not later than one year after the date of 

the enactment of this Act, the Director of National Intelligence, 

in coordination with the Attorney General, the Director of the 

National Security Agency, the White House Cybersecurity 

Coordinator, and any other officials the Director of National 

Intelligence considers appropriate, shall submit to Congress 
H. R. 2701—39 

a report containing guidelines or legislative recommendations, 

if appropriate, to improve the capabilities of the intelligence 

community and law enforcement agencies to protect the cybersecurity of the United States. Such report shall include guidelines or legislative recommendations on— 

(A) improving the ability of the intelligence community 

to detect hostile actions and attribute attacks to specific 

parties; 

(B) the need for data retention requirements to assist 

the intelligence community and law enforcement agencies; 

(C) improving the ability of the intelligence community 

to anticipate nontraditional targets of foreign intelligence 

services; and 

(D) the adequacy of existing criminal statutes to 

successfully deter cyber attacks, including statutes 

criminalizing the facilitation of criminal acts, the scope 

of laws for which a cyber crime constitutes a predicate 

offense, trespassing statutes, data breach notification 

requirements, and victim restitution statutes. 

(2) SUBSEQUENT.—Not later than one year after the date 

on which the initial report is submitted under paragraph (1), 

and annually thereafter for two years, the Director of National 

Intelligence, in consultation with the Attorney General, the 

Director of the National Security Agency, the White House 

Cybersecurity Coordinator, and any other officials the Director 

of National Intelligence considers appropriate, shall submit to 

Congress an update of the report required under paragraph 

(1). 

(g) SUNSET.—The requirements and authorities of subsections 

(a) through (e) shall terminate on December 31, 2013. 

(h) DEFINITIONS.—In this section: 

(1) CYBERSECURITY PROGRAM.—The term ‘‘cybersecurity 

program’’ means a class or collection of similar cybersecurity 

operations of a department or agency of the United States 

that involves personally identifiable data that is— 

(A) screened by a cybersecurity system outside of the 

department or agency of the United States that was the 

intended recipient of the personally identifiable data; 

(B) transferred, for the purpose of cybersecurity, outside the department or agency of the United States that 

was the intended recipient of the personally identifiable 

data; or 

(C) transferred, for the purpose of cybersecurity, to 

an element of the intelligence community. 

(2) NATIONAL CYBER INVESTIGATIVE JOINT TASK FORCE.— 

The term ‘‘National Cyber Investigative Joint Task Force’’ 

means the multiagency cyber investigation coordination 

organization overseen by the Director of the Federal Bureau 

of Investigation known as the National Cyber Investigative 

Joint Task Force that coordinates, integrates, and provides 

pertinent information related to cybersecurity investigations. 

(3) CRITICAL INFRASTRUCTURE.—The term ‘‘critical infrastructure’’ has the meaning given that term in section 1016 

of the USA PATRIOT Act (42 U.S.C. 5195c). 
H. R. 2701—40 

SEC. 337. REPORT ON FOREIGN LANGUAGE PROFICIENCY IN THE 

INTELLIGENCE COMMUNITY. 

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

enactment of this Act, and biennially thereafter for four years, 

the Director of National Intelligence shall submit to the congressional intelligence committees and the Committees on Armed Services of the House of Representatives and the Senate a report on 

the proficiency in foreign languages and, as appropriate, in foreign 

dialects, of each element of the intelligence community, including— 

(1) the number of positions authorized for such element 

that require foreign language proficiency and a description 

of the level of proficiency required; 

(2) an estimate of the number of such positions that such 

element will require during the five-year period beginning on 

the date of the submission of the report; 

(3) the number of positions authorized for such element 

that require foreign language proficiency that are filled by— 

(A) military personnel; and 

(B) civilian personnel; 

(4) the number of applicants for positions in such element 

in the preceding fiscal year that indicated foreign language 

proficiency, including the foreign language indicated and the 

proficiency level; 

(5) the number of persons hired by such element with 

foreign language proficiency, including the foreign language 

and a description of the proficiency level of such persons; 

(6) the number of personnel of such element currently 

attending foreign language training, including the provider of 

such training; 

(7) a description of the efforts of such element to recruit, 

hire, train, and retain personnel that are proficient in a foreign 

language; 

(8) an assessment of methods and models for basic, 

advanced, and intensive foreign language training utilized by 

such element; 

(9) for each foreign language and, as appropriate, dialect 

of a foreign language— 

(A) the number of positions of such element that 

require proficiency in the foreign language or dialect; 

(B) the number of personnel of such element that are 

serving in a position that requires proficiency in the foreign 

language or dialect to perform the primary duty of the 

position; 

(C) the number of personnel of such element that are 

serving in a position that does not require proficiency in 

the foreign language or dialect to perform the primary 

duty of the position; 

(D) the number of personnel of such element rated 

at each level of proficiency of the Interagency Language 

Roundtable; 

(E) whether the number of personnel at each level 

of proficiency of the Interagency Language Roundtable 

meets the requirements of such element; 

(F) the number of personnel serving or hired to serve 

as linguists for such element that are not qualified as 

linguists under the standards of the Interagency Language 

Roundtable; 
H. R. 2701—41 

(G) the number of personnel hired to serve as linguists 

for such element during the preceding calendar year; 

(H) the number of personnel serving as linguists that 

discontinued serving such element during the preceding 

calendar year; 

(I) the percentage of work requiring linguistic skills 

that is fulfilled by a foreign country, international organization, or other foreign entity; and 

(J) the percentage of work requiring linguistic skills 

that is fulfilled by contractors; 

(10) an assessment of the foreign language capacity and 

capabilities of the intelligence community as a whole; 

(11) an identification of any critical gaps in foreign language proficiency with respect to such element and recommendations for eliminating such gaps; 

(12) recommendations, if any, for eliminating required 

reports relating to foreign-language proficiency that the 

Director of National Intelligence considers outdated or no longer 

relevant; and 

(13) an assessment of the feasibility of employing foreign 

nationals lawfully present in the United States who have previously worked as translators or interpreters for the Armed 

Forces or another department or agency of the United States 

Government in Iraq or Afghanistan to meet the critical language needs of such element. 

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

submitted in unclassified form, but may include a classified annex. 

SEC. 338. REPORT ON PLANS TO INCREASE DIVERSITY WITHIN THE 

INTELLIGENCE COMMUNITY. 

(a) REQUIREMENT FOR REPORT.—Not later than one year after 

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

Intelligence, in coordination with the head of each element of the 

intelligence community, shall submit to the congressional intelligence committees a report on the plans of each such element 

to increase diversity within the intelligence community. 

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

include specific implementation plans to increase diversity within 

each element of the intelligence community, including— 

(1) specific implementation plans for each such element 

designed to achieve the goals articulated in the strategic plan 

of the Director of National Intelligence on equal employment 

opportunity and diversity; 

(2) specific plans and initiatives for each such element 

to increase recruiting and hiring of diverse candidates; 

(3) specific plans and initiatives for each such element 

to improve retention of diverse Federal employees at the junior, 

midgrade, senior, and management levels; 

(4) a description of specific diversity awareness training 

and education programs for senior officials and managers of 

each such element; and 

(5) a description of performance metrics to measure the 

success of carrying out the plans, initiatives, and programs 

described in paragraphs (1) through (4). 

(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 
H. R. 2701—42 

SEC. 339. REPORT ON INTELLIGENCE COMMUNITY CONTRACTORS. 

(a) REQUIREMENT FOR REPORT.—Not later than February 1, 

2011, the Director of National Intelligence shall submit to the 

congressional intelligence committees and the Committees on 

Armed Services of the House of Representatives and the Senate 

a report describing the use of personal services contracts across 

the intelligence community, the impact of the use of such contracts 

on the intelligence community workforce, plans for conversion of 

contractor employment into United States Government employment, 

and the accountability mechanisms that govern the performance 

of such personal services contracts. 

(b) CONTENT.— 

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

(a) shall include— 

(A) a description of any relevant regulations or guidance issued by the Director of National Intelligence or 

the head of an element of the intelligence community and 

in effect as of February 1, 2011, relating to minimum 

standards required regarding the hiring, training, security 

clearance, and assignment of contract personnel and how 

those standards may differ from those for United States 

Government employees performing substantially similar 

functions; 

(B) an identification of contracts in effect during the 

preceding fiscal year under which the contractor is performing substantially similar functions to a United States 

Government employee; 

(C) an assessment of costs incurred or savings achieved 

during the preceding fiscal year by awarding contracts 

for the performance of such functions referred to in 

subparagraph (B) instead of using full-time employees of 

the elements of the intelligence community to perform such 

functions; 

(D) an assessment of the appropriateness of using contractors to perform the activities described in paragraph 

(2); 

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

number of personnel working under such contracts, related 

to the performance of activities described in paragraph 

(2); 

(F) a comparison of the compensation of contract 

employees and United States Government employees performing substantially similar functions during the preceding fiscal year; 

(G) an analysis of the attrition of United States Government employees for contractor positions that provide 

substantially similar functions during the preceding fiscal 

year; 

(H) a description of positions that have been or will 

be converted from contractor employment to United States 

Government employment during fiscal years 2011 and 

2012; 

(I) an analysis of the oversight and accountability 

mechanisms applicable to personal services contracts 

awarded for intelligence activities by each element of the 

intelligence community during fiscal years 2009 and 2010; 
H. R. 2701—43 

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

community as of February 1, 2011, for conducting oversight 

of contractors to ensure identification and prosecution of 

criminal violations, financial waste, fraud, or other abuses 

committed by contractors or contract personnel; and 

(K) an identification of best practices for oversight 

and accountability mechanisms applicable to personal services contracts. 

(2) ACTIVITIES.—Activities described in this paragraph are 

the following: 

(A) Intelligence collection. 

(B) Intelligence analysis. 

(C) Covert actions, including rendition, detention, and 

interrogation activities. 

SEC. 340. STUDY ON ELECTRONIC WASTE DESTRUCTION PRACTICES 

OF THE INTELLIGENCE COMMUNITY. 

(a) STUDY.—The Inspector General of the Intelligence Community shall conduct a study on the electronic waste destruction practices of the intelligence community. Such study shall assess— 

(1) the security of the electronic waste disposal practices 

of the intelligence community, including the potential for 

counterintelligence exploitation of destroyed, discarded, or 

recycled materials; 

(2) the environmental impact of such disposal practices; 

and 

(3) methods to improve the security and environmental 

impact of such disposal practices, including steps to prevent 

the forensic exploitation of electronic waste. 

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

enactment of this Act, the Inspector General of the Intelligence 

Community shall submit to the congressional intelligence committees a report containing the results of the study conducted under 

subsection (a). 

SEC. 341. REVIEW OF RECORDS RELATING TO POTENTIAL HEALTH 

RISKS AMONG DESERT STORM VETERANS. 

(a) REVIEW.—The Director of the Central Intelligence Agency 

shall conduct a classification review of the records of the Agency 

that are relevant to the known or potential health effects suffered 

by veterans of Operation Desert Storm as described in the 

November 2008, report by the Department of Veterans Affairs 

Research Advisory Committee on Gulf War Veterans’ Illnesses. 

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

enactment of this Act, the Director of the Central Intelligence 

Agency shall submit to Congress the results of the classification 

review conducted under subsection (a), including the total number 

of records of the Agency that are relevant. 

(c) FORM.—The report required under subsection (b) shall be 

submitted in unclassified form, but may include a classified annex. 

SEC. 342. REVIEW OF FEDERAL BUREAU OF INVESTIGATION EXERCISE 

OF ENFORCEMENT JURISDICTION IN FOREIGN NATIONS. 

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

this Act, the Director of the Federal Bureau of Investigation, in 

consultation with the Secretary of State, shall submit to Congress 

a review of constraints under international law and the laws of 

foreign nations to the assertion of enforcement jurisdiction with 
H. R. 2701—44 

respect to criminal investigations of terrorism offenses under the 

laws of the United States conducted by agents of the Federal 

Bureau of Investigation in foreign nations and using funds made 

available for the National Intelligence Program, including constraints identified in section 432 of the Restatement (Third) of 

the Foreign Relations Law of the United States. 

SEC. 343. PUBLIC RELEASE OF INFORMATION ON PROCEDURES USED 

IN NARCOTICS AIRBRIDGE DENIAL PROGRAM IN PERU. 

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

this Act, the Director of the Central Intelligence Agency shall make 

publicly available an unclassified version of the report of the 

Inspector General of the Central Intelligence Agency entitled ‘‘Procedures Used in Narcotics Airbridge Denial Program in Peru, 1995– 

2001’’, dated August 25, 2008. 

SEC. 344. REPORT ON THREAT FROM DIRTY BOMBS. 

Not later than 180 days after the date of the enactment of 

this Act, the Director of National Intelligence, in consultation with 

the Nuclear Regulatory Commission, shall submit to Congress a 

report summarizing intelligence related to the threat to the United 

States from weapons that use radiological materials, including 

highly dispersible substances such as cesium-137. 

SEC. 345. REPORT ON CREATION OF SPACE INTELLIGENCE OFFICE. 

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

this Act, the Director of National Intelligence shall submit to Congress a report on the feasibility and advisability of creating a 

national space intelligence office to manage space-related intelligence assets and access to such assets. 

SEC. 346. REPORT ON ATTEMPT TO DETONATE EXPLOSIVE DEVICE 

ON NORTHWEST AIRLINES FLIGHT 253. 

Not later than 180 days after the date of the enactment of 

this Act, the Director of National Intelligence shall submit to Congress a report on the attempt to detonate an explosive device 

aboard Northwest Airlines flight number 253 on December 25, 

2009. Such report shall describe the failures, if any, to share or 

analyze intelligence or other information and the measures that 

the intelligence community has taken or will take to prevent such 

failures, including— 

(1) a description of the roles and responsibilities of the 

counterterrorism analytic components of the intelligence 

community in synchronizing, correlating, and analyzing all 

sources of intelligence related to terrorism; 

(2) an assessment of the technological capabilities of the 

United States Government to assess terrorist threats, 

including— 

(A) a list of all databases used by counterterrorism 

analysts; 

(B) a description of the steps taken by the intelligence 

community to integrate all relevant terrorist databases 

and allow for cross-database searches; 

(C) a description of the steps taken by the intelligence 

community to correlate biographic information with terrorism-related intelligence; and 
H. R. 2701—45 

(D) a description of the improvements to information 

technology needed to enable the United States Government 

to better share information; 

(3) any recommendations that the Director considers appropriate for legislation to improve the sharing of intelligence 

or information relating to terrorists; 

(4) a description of the steps taken by the intelligence 

community to train analysts on watchlisting processes and 

procedures; 

(5) a description of the manner in which watchlisting 

information is entered, reviewed, searched, analyzed, and acted 

upon by the relevant elements of the United States Government; 

(6) a description of the steps the intelligence community 

is taking to enhance the rigor and raise the standard of 

tradecraft of intelligence analysis related to uncovering and 

preventing terrorist plots; 

(7) a description of the processes and procedures by which 

the intelligence community prioritizes terrorism threat leads 

and the standards used by elements of the intelligence community to determine if follow-up action is appropriate; 

(8) a description of the steps taken to enhance record 

information on possible terrorists in the Terrorist Identities 

Datamart Environment; 

(9) an assessment of how to meet the challenge associated 

with exploiting the ever-increasing volume of information available to the intelligence community; and 

(10) a description of the steps the intelligence community 

has taken or will take to respond to any findings and recommendations of the congressional intelligence committees, 

with respect to any such failures, that have been transmitted 

to the Director of National Intelligence. 

SEC. 347. REPEAL OR MODIFICATION OF CERTAIN REPORTING 

REQUIREMENTS. 

(a) ANNUAL REPORT ON INTELLIGENCE.—Section 109 of the 

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

(b) ANNUAL AND SPECIAL REPORTS ON INTELLIGENCE SHARING

WITH THE UNITED NATIONS.—Section 112 of the National Security 

Act of 1947 (50 U.S.C. 404g) is amended— 

(1) by striking subsection (b); and 

(2) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively. 

(c) ANNUAL REPORT ON PROGRESS IN AUDITABLE FINANCIAL

STATEMENTS.—Section 114A of the National Security Act of 1947 

(50 U.S.C. 404i–1) is repealed. 

(d) REPORT ON FINANCIAL INTELLIGENCE ON TERRORIST

ASSETS.—Section 118 of the National Security Act of 1947 (50 

U.S.C. 404m) is amended— 

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

‘‘ANNUAL’’; 

(2) in subsection (a)— 

(A) in the heading, by striking ‘‘SEMIANNUAL’’ and 

inserting ‘‘ANNUAL’’; 

(B) in the matter preceding paragraph (1)— 

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

‘‘annual basis’’; and 
H. R. 2701—46 

(ii) by striking ‘‘preceding six-month period’’ and 

inserting ‘‘preceding one-year period’’; 

(C) by striking paragraph (2); and 

(D) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and 

(3) in subsection (d)— 

(A) in paragraph (1), by inserting ‘‘the Committee on 

Armed Services,’’ after ‘‘the Committee on Appropriations,’’; 

and 

(B) in paragraph (2), by inserting ‘‘the Committee on 

Armed Services,’’ after ‘‘the Committee on Appropriations,’’. 

(e) ANNUAL CERTIFICATION ON COUNTERINTELLIGENCE INITIATIVES.—Section 1102(b) of the National Security Act of 1947 (50 

U.S.C. 442a(b)) is amended— 

(1) by striking ‘‘(1)’’; and 

(2) by striking paragraph (2). 

(f) REPORT AND CERTIFICATION UNDER TERRORIST IDENTIFICATION CLASSIFICATION SYSTEM.—Section 343 of the Intelligence 

Authorization Act for Fiscal Year 2003 (50 U.S.C. 404n–2) is 

amended— 

(1) by striking subsection (d); and 

(2) by redesignating subsections (e), (f), (g), and (h) as 

subsections (d), (e), (f), and (g), respectively. 

(g) ANNUAL REPORT ON COUNTERDRUG INTELLIGENCE MATTERS.—Section 826 of the Intelligence Authorization Act for Fiscal 

Year 2003 (Public Law 107–306; 21 U.S.C. 873 note) is repealed. 

(h) BIENNIAL REPORT ON FOREIGN INDUSTRIAL ESPIONAGE.— 

Subsection (b) of section 809 of the Intelligence Authorization Act 

for Fiscal Year 1995 (50 U.S.C. App. 2170b) is amended— 

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

inserting ‘‘BIENNIAL REPORT’’; 

(2) by striking paragraphs (1) and (2) and inserting the 

following new paragraph: 

‘‘(1) REQUIREMENT TO SUBMIT.—Not later than February 

1, 2011, and once every two years thereafter, the President 

shall submit to the congressional intelligence committees and 

congressional leadership a report updating the information 

referred to in subsection (a)(1)D).’’; and 

(3) by redesignating paragraph (3) as paragraph (2). 

(i) TABLE OF CONTENTS AMENDMENTS.— 

(1) NATIONAL SECURITY ACT OF 1947.—The table of contents 

in the first section of the National Security Act of 1947, as 

amended by section 332 of this Act, is further amended— 

(A) by striking the item relating to section 109; 

(B) by striking the item relating to section 114A; and 

(C) by striking the item relating to section 118 and 

inserting the following new item: 

‘‘Sec. 118. Annual report on financial intelligence on terrorist assets.’’. 

(2) INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR

2003.—The table of contents in the first section of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 

107–306; 116 Stat. 2383) is amended by striking the item 

relating to section 826. 
H. R. 2701—47 

SEC. 348. INFORMATION ACCESS BY THE COMPTROLLER GENERAL 

OF THE UNITED STATES. 

(a) DNI DIRECTIVE GOVERNING ACCESS.— 

(1) REQUIREMENT FOR DIRECTIVE.—The Director of National 

Intelligence, in consultation with the Comptroller General of 

the United States, shall issue a written directive governing 

the access of the Comptroller General to information in the 

possession of an element of the intelligence community. 

(2) AMENDMENT TO DIRECTIVE.—The Director of National 

Intelligence, in consultation with the Comptroller General, may 

issue an amendment to the directive issued under paragraph 

(1) at any time the Director determines such an amendment 

is appropriate. 

(3) RELATIONSHIP TO OTHER LAWS.—The directive issued 

under paragraph (1) and any amendment to such directive 

issued under paragraph (2) shall be consistent with the provisions of— 

(A) chapter 7 of title 31, United States Code; and 

(B) the National Security Act of 1947 (50 U.S.C. 401 

et seq.). 

(b) CONFIDENTIALITY OF INFORMATION.— 

(1) REQUIREMENT FOR CONFIDENTIALITY.—The Comptroller 

General of the United States shall ensure that the level of 

confidentiality of information made available to the Comptroller 

General pursuant to the directive issued under subsection (a)(1) 

or an amendment to such directive issued under subsection 

(a)(2) is not less than the level of confidentiality of such information required of the head of the element of the intelligence 

community from which such information was obtained. 

(2) PENALTIES FOR UNAUTHORIZED DISCLOSURE.—An officer 

or employee of the Government Accountability Office shall be 

subject to the same statutory penalties for unauthorized disclosure or use of such information as an officer or employee 

of the element of the intelligence community from which such 

information was obtained. 

(c) SUBMISSION TO CONGRESS.— 

(1) SUBMISSION OF DIRECTIVE.—The directive issued under 

subsection (a)(1) shall be submitted to Congress by the Director 

of National Intelligence, together with any comments of the 

Comptroller General of the United States, no later than May 

1, 2011. 

(2) SUBMISSION OF AMENDMENT.—Any amendment to such 

directive issued under subsection (a)(2) shall be submitted to 

Congress by the Director, together with any comments of the 

Comptroller General. 

(d) EFFECTIVE DATE.—The directive issued under subsection 

(a)(1) and any amendment to such directive issued under subsection 

(a)(2) shall take effect 60 days after the date such directive or 

amendment is submitted to Congress under subsection (c), unless 

the Director determines that for reasons of national security the 

directive or amendment should take effect sooner. 

SEC. 349. CONFORMING AMENDMENTS FOR REPORT SUBMISSION 

DATES. 

Section 507 of the National Security Act of 1947 (50 U.S.C. 

415b) is amended— 

(1) in subsection (a)— 
H. R. 2701—48 

(A) in paragraph (1)— 

(i) by striking subparagraphs (A), (B), and (G); 

(ii) by redesignating subparagraphs (C), (D), (E), 

(F), (H), (I), and (N) as subparagraphs (A), (B), (C), 

(D), (E), (F), and (G), respectively; and 

(iii) by adding at the end the following new subparagraphs: 

‘‘(H) The annual report on outside employment of employees 

of elements of the intelligence community required by section 

102A(u)(2). 

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

assets required by section 118.’’; and 

(B) in paragraph (2), by striking subparagraphs (C) 

and (D); and 

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

Subtitle E—Other Matters 

SEC. 361. EXTENSION OF AUTHORITY TO DELETE INFORMATION 

ABOUT RECEIPT AND DISPOSITION OF FOREIGN GIFTS 

AND DECORATIONS. 

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

is amended to read as follows: 

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

intelligence community, the head of such element may delete the 

information described in subparagraph (A) or (C) of paragraph 

(2) or in subparagraph (A) or (C) of paragraph (3) if the head 

of such element certifies in writing to the Secretary of State that 

the publication of such information could adversely affect United 

States intelligence sources or methods. 

‘‘(B) Any information not provided to the Secretary of State 

pursuant to the authority in subparagraph (A) shall be transmitted 

to the Director of National Intelligence who shall keep a record 

of such information. 

‘‘(C) In this paragraph, the term ‘intelligence community’ has 

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

Act of 1947 (50 U.S.C. 401a(4)).’’. 

SEC. 362. MODIFICATION OF AVAILABILITY OF FUNDS FOR DIFFERENT 

INTELLIGENCE ACTIVITIES. 

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

Act of 1947 (50 U.S.C. 414(a)(3)) is amended to read as follows: 

‘‘(B) the use of such funds for such activity supports an 

emergent need, improves program effectiveness, or increases 

efficiency; and’’. 

SEC. 363. PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION. 

(a) INCREASE IN PENALTIES FOR DISCLOSURE OF UNDERCOVER

INTELLIGENCE OFFICERS AND AGENTS.— 

(1) DISCLOSURE OF AGENT AFTER ACCESS TO INFORMATION

IDENTIFYING AGENT.—Subsection (a) of section 601 of the 

National Security Act of 1947 (50 U.S.C. 421) is amended 

by striking ‘‘ten years’’ and inserting ‘‘15 years’’. 

(2) DISCLOSURE OF AGENT AFTER ACCESS TO CLASSIFIED

INFORMATION.—Subsection (b) of such section is amended by 

striking ‘‘five years’’ and inserting ‘‘10 years’’. 
H. R. 2701—49 

(b) MODIFICATIONS TO ANNUAL REPORT ON PROTECTION OF

INTELLIGENCE IDENTITIES.—The first sentence of section 603(a) of 

the National Security Act of 1947 (50 U.S.C. 423(a)) is amended 

by inserting ‘‘including an assessment of the need, if any, for modification of this title for the purpose of improving legal protections 

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

agents,’’. 

SEC. 364. NATIONAL INTELLIGENCE PROGRAM BUDGET. 

Section 601 of the Implementing Recommendations of the 9/ 

11 Commission Act of 2007 (50 U.S.C. 415c) is amended to read 

as follows: 

‘‘SEC. 601. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE 

FUNDING INFORMATION. 

‘‘(a) BUDGET REQUEST.—At the time that the President submits 

to Congress the budget for a fiscal year pursuant to section 1105 

of title 31, United States Code, the President shall disclose to 

the public the aggregate amount of appropriations requested for 

that fiscal year for the National Intelligence Program. 

‘‘(b) AMOUNTS APPROPRIATED EACH FISCAL YEAR.—Not later 

than 30 days after the end of each fiscal year, the Director of 

National Intelligence shall disclose to the public the aggregate 

amount of funds appropriated by Congress for the National Intelligence Program for such fiscal year. 

‘‘(c) WAIVER.— 

‘‘(1) IN GENERAL.—The President may waive or postpone 

the disclosure required by subsection (a) or (b) for a fiscal 

year by submitting to the Select Committee on Intelligence 

of the Senate and Permanent Select Committee on Intelligence 

of the House of Representatives— 

‘‘(A) a statement, in unclassified form, that the disclosure required in subsection (a) or (b) for that fiscal year 

would damage national security; and 

‘‘(B) a statement detailing the reasons for the waiver 

or postponement, which may be submitted in classified 

form. 

‘‘(2) SUBMISSION DATES.—The President shall submit the 

statements required under paragraph (1)— 

‘‘(A) in the case of a waiver or postponement of a 

disclosure required under subsection (a), at the time of 

the submission of the budget for the fiscal year for which 

such disclosure is waived or postponed; and 

‘‘(B) in the case of a waiver or postponement of a 

disclosure required under subsection (b), not later than 

30 days after the date of the end of the fiscal year for 

which such disclosure is waived or postponed. 

‘‘(d) DEFINITION.—As used in this section, the term ‘National 

Intelligence Program’ has the meaning given the term in section 

3(6) of the National Security Act of 1947 (50 U.S.C. 401a(6)).’’. 

SEC. 365. IMPROVING THE REVIEW AUTHORITY OF THE PUBLIC 

INTEREST DECLASSIFICATION BOARD. 

Paragraph (5) of section 703(b) of the Public Interest Declassification Act of 2000 (50 U.S.C. 435 note) is amended— 

(1) by striking ‘‘jurisdiction,’’ and inserting ‘‘jurisdiction 

or by a member of the committee of jurisdiction,’’; and 
H. R. 2701—50 

(2) by inserting ‘‘, to evaluate the proper classification 

of certain records,’’ after ‘‘certain records’’. 

SEC. 366. AUTHORITY TO DESIGNATE UNDERCOVER OPERATIONS TO 

COLLECT FOREIGN INTELLIGENCE OR COUNTERINTELLIGENCE. 

Paragraph (1) of section 102(b) of the Department of Justice 

and Related Agencies Appropriations Act, 1993 (Public Law 102– 

395; 28 U.S.C. 533 note) is amended in the flush text following 

subparagraph (D) by striking ‘‘(or, if designated by the Director, 

the Assistant Director, Intelligence Division) and the Attorney General (or, if designated by the Attorney General, the Assistant 

Attorney General for National Security)’’ and inserting ‘‘(or a designee of the Director who is in a position not lower than Deputy 

Assistant Director in the National Security Branch or a similar 

successor position) and the Attorney General (or a designee of 

the Attorney General who is in the National Security Division 

in a position not lower than Deputy Assistant Attorney General 

or a similar successor position)’’. 

SEC. 367. SECURITY CLEARANCES: REPORTS; RECIPROCITY. 

(a) REPORTS RELATING TO SECURITY CLEARANCES.— 

(1) QUADRENNIAL AUDIT; SECURITY CLEARANCE DETERMINATIONS.— 

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

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

325 of this Act, is further amended by inserting after 

section 506G, as added by section 325(a), the following 

new section: 

‘‘REPORTS ON SECURITY CLEARANCES

‘‘SEC. 506H. (a) QUADRENNIAL AUDIT OF POSITION REQUIREMENTS.—(1) The President shall every four years conduct an audit 

of the manner in which the executive branch determines whether 

a security clearance is required for a particular position in the 

United States Government. 

‘‘(2) Not later than 30 days after the completion of an audit 

conducted under paragraph (1), the President shall submit to Congress the results of such audit. 

‘‘(b) REPORT ON SECURITY CLEARANCE DETERMINATIONS.—(1) 

Not later than February 1 of each year, the President shall submit 

to Congress a report on the security clearance process. Such report 

shall include, for each security clearance level— 

‘‘(A) the number of employees of the United States Government who— 

‘‘(i) held a security clearance at such level as of October 

1 of the preceding year; and 

‘‘(ii) were approved for a security clearance at such 

level during the preceding fiscal year; 

‘‘(B) the number of contractors to the United States Government who— 

‘‘(i) held a security clearance at such level as of October 

1 of the preceding year; and 

‘‘(ii) were approved for a security clearance at such 

level during the preceding fiscal year; and 

‘‘(C) for each element of the intelligence community— 
H. R. 2701—51 

‘‘(i) the total amount of time it took to process the 

security clearance determination for such level that— 

‘‘(I) was among the 80 percent of security clearance 

determinations made during the preceding fiscal year 

that took the shortest amount of time to complete; 

and 

‘‘(II) took the longest amount of time to complete; 

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

security clearance determination for such level that— 

‘‘(I) was among the 90 percent of security clearance 

determinations made during the preceding fiscal year 

that took the shortest amount of time to complete; 

and 

‘‘(II) took the longest amount of time to complete; 

‘‘(iii) the number of pending security clearance investigations for such level as of October 1 of the preceding 

year that have remained pending for— 

‘‘(I) 4 months or less; 

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

‘‘(III) between 8 months and one year; and 

‘‘(IV) more than one year; 

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

fiscal year that resulted in a denial or revocation of a 

security clearance; 

‘‘(v) the percentage of investigations during the preceding fiscal year that resulted in incomplete information; 

‘‘(vi) the percentage of investigations during the preceding fiscal year that did not result in enough information 

to make a decision on potentially adverse information; and 

‘‘(vii) for security clearance determinations completed 

or pending during the preceding fiscal year that have taken 

longer than one year to complete— 

‘‘(I) the number of security clearance determinations for positions as employees of the United States 

Government that required more than one year to complete; 

‘‘(II) the number of security clearance determinations for contractors that required more than one year 

to complete; 

‘‘(III) the agencies that investigated and adjudicated such determinations; and 

‘‘(IV) the cause of significant delays in such determinations. 

‘‘(2) For purposes of paragraph (1), the President may consider— 

‘‘(A) security clearances at the level of confidential and 

secret as one security clearance level; and 

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

as one security clearance level. 

‘‘(c) FORM.—The results required under subsection (a)(2) and 

the reports required under subsection (b)(1) shall be submitted 

in unclassified form, but may include a classified annex.’’. 

(B) INITIAL AUDIT.—The first audit required to be conducted under section 506H(a)(1) of the National Security 

Act of 1947, as added by subparagraph (A) of this paragraph, shall be completed not later than February 1, 2011. 
H. R. 2701—52 

(C) TABLE OF CONTENTS AMENDMENT.—The table of 

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

section 347(i) of this Act, is further amended by inserting 

after the item relating to section 506G, as added by section 

325 of this Act, the following new item: 

‘‘Sec. 506H. Reports on security clearances.’’. 

(2) REPORT ON METRICS FOR ADJUDICATION QUALITY.—Not 

later than 180 days after the date of the enactment of this 

Act, the President shall submit to Congress a report on security 

clearance investigations and adjudications. Such report shall 

include— 

(A) United States Government-wide adjudication guidelines and metrics for adjudication quality; 

(B) a plan to improve the professional development 

of security clearance adjudicators; 

(C) metrics to evaluate the effectiveness of interagency 

clearance reciprocity; 

(D) United States Government-wide investigation 

standards and metrics for investigation quality; and 

(E) the advisability, feasibility, counterintelligence risk, 

and cost effectiveness of— 

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

the investigation and adjudication of security clearances to be conducted by not more than two Federal 

agencies; and 

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

the investigation and adjudication of security clearances to be conducted by not more than one Federal 

agency. 

(b) SECURITY CLEARANCE RECIPROCITY.— 

(1) AUDIT.—The Inspector General of the Intelligence 

Community shall conduct an audit of the reciprocity of security 

clearances among the elements of the intelligence community. 

(2) REPORT.—Not later than 180 days after the date of 

the enactment of this Act, the Inspector General of the Intelligence Community shall submit to the congressional intelligence committees a report containing the results of the audit 

conducted under paragraph (1). Such report shall include an 

assessment of the time required to obtain a reciprocal security 

clearance for— 

(A) an employee of an element of the intelligence 

community detailed to another element of the intelligence 

community; 

(B) an employee of an element of the intelligence 

community seeking permanent employment with another 

element of the intelligence community; and 

(C) a contractor seeking permanent employment with 

an element of the intelligence community. 

(3) FORM.—The report required under paragraph (2) shall 

be submitted in unclassified form, but may include a classified 

annex. 

SEC. 368. CORRECTING LONG-STANDING MATERIAL WEAKNESSES. 

(a) DEFINITIONS.—In this section: 
H. R. 2701—53 

(1) COVERED ELEMENT OF THE INTELLIGENCE COMMUNITY.— 

The term ‘‘covered element of the intelligence community’’ 

means— 

(A) the Central Intelligence Agency; 

(B) the Defense Intelligence Agency; 

(C) the National Geospatial-Intelligence Agency; 

(D) the National Reconnaissance Office; or 

(E) the National Security Agency. 

(2) INDEPENDENT AUDITOR.—The term ‘‘independent 

auditor’’ means an individual who— 

(A)(i) is a Federal, State, or local government auditor 

who meets the independence standards included in generally accepted government auditing standards; or 

(ii) is a public accountant who meets such independence standards; and 

(B) is designated as an auditor by the Director of 

National Intelligence or the head of a covered element 

of the intelligence community, as appropriate. 

(3) INDEPENDENT REVIEW.—The term ‘‘independent review’’ 

means an audit, attestation, or examination conducted by an 

independent auditor in accordance with generally accepted 

government auditing standards. 

(4) LONG-STANDING, CORRECTABLE MATERIAL WEAKNESS.— 

The term ‘‘long-standing, correctable material weakness’’ means 

a material weakness— 

(A) that was first reported in the annual financial 

report of a covered element of the intelligence community 

for a fiscal year prior to fiscal year 2007; and 

(B) the correction of which is not substantially 

dependent on a business system that was not implemented 

prior to the end of fiscal year 2010. 

(5) MATERIAL WEAKNESS.—The term ‘‘material weakness’’ 

has the meaning given that term under the Office of Management and Budget Circular A–123, entitled ‘‘Management’s 

Responsibility for Internal Control,’’ revised December 21, 2004. 

(6) SENIOR INTELLIGENCE MANAGEMENT OFFICIAL.—The 

term ‘‘senior intelligence management official’’ means an official 

within a covered element of the intelligence community who 

is— 

(A)(i) compensated under the Senior Intelligence 

Service pay scale; or 

(ii) the head of a covered element of the intelligence 

community; and 

(B) compensated for employment with funds appropriated pursuant to an authorization of appropriations in 

this Act. 

(b) IDENTIFICATION OF SENIOR INTELLIGENCE MANAGEMENT

OFFICIALS.— 

(1) REQUIREMENT TO IDENTIFY.—Not later than 30 days 

after the date of the enactment of this Act, the head of a 

covered element of the intelligence community shall designate 

a senior intelligence management official of such element to 

be responsible for correcting each long-standing, correctable 

material weakness of such element. 

(2) HEAD OF A COVERED ELEMENT OF THE INTELLIGENCE

COMMUNITY.—The head of a covered element of the intelligence 
H. R. 2701—54 

community may designate himself or herself as the senior intelligence management official responsible for correcting a longstanding, correctable material weakness under paragraph (1). 

(3) REQUIREMENT TO UPDATE DESIGNATION.—If the head 

of a covered element of the intelligence community determines 

that a senior intelligence management official designated under 

paragraph (1) is no longer responsible for correcting a longstanding, correctable material weakness, the head of such element shall designate the successor to such official not later 

than 10 days after the date of such determination. 

(c) NOTIFICATION.—Not later than 10 days after the date on 

which the head of a covered element of the intelligence community 

has designated a senior intelligence management official pursuant 

to paragraph (1) or (3) of subsection (b), the head of such element 

shall provide written notification of such designation to the Director 

of National Intelligence and to such senior intelligence management 

official. 

(d) CORRECTION OF LONG-STANDING, MATERIAL WEAKNESS.— 

(1) DETERMINATION OF CORRECTION OF DEFICIENCY.—If a 

long-standing, correctable material weakness is corrected, the 

senior intelligence management official who is responsible for 

correcting such long-standing, correctable material weakness 

shall make and issue a determination of the correction. 

(2) BASIS FOR DETERMINATION.—The determination of the 

senior intelligence management official under paragraph (1) 

shall be based on the findings of an independent review. 

(3) NOTIFICATION AND SUBMISSION OF FINDINGS.—A senior 

intelligence management official who makes a determination 

under paragraph (1) shall— 

(A) notify the head of the appropriate covered element 

of the intelligence community of such determination at 

the time the determination is made; and 

(B) ensure that the independent auditor whose findings 

are the basis of a determination under paragraph (1) submits to the head of the covered element of the intelligence 

community and the Director of National Intelligence the 

findings that such determination is based on not later 

than 5 days after the date on which such determination 

is made. 

(e) CONGRESSIONAL OVERSIGHT.—The head of a covered element 

of the intelligence community shall notify the congressional intelligence committees not later than 30 days after the date— 

(1) on which a senior intelligence management official is 

designated under paragraph (1) or (3) of subsection (b) and 

notified under subsection (c); or 

(2) of the correction of a long-standing, correctable material 

weakness, as verified by an independent auditor under subsection (d)(2). 

SEC. 369. INTELLIGENCE COMMUNITY FINANCIAL IMPROVEMENT AND 

AUDIT READINESS. 

Not later than 180 days after the date of the enactment of 

this Act, the Director of National Intelligence shall— 

(1) conduct a review of the status of the auditability compliance of each element of the intelligence community; and 
H. R. 2701—55 

(2) develop a plan and schedule to achieve a full, unqualified audit of each element of the intelligence community not 

later than September 30, 2013. 

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY 

Subtitle A—Office of the Director of 

National Intelligence 

SEC. 401. ACCOUNTABILITY REVIEWS BY THE DIRECTOR OF NATIONAL 

INTELLIGENCE. 

Subsection (f) of section 102A of the National Security Act 

of 1947 (50 U.S.C. 403–1) is amended— 

(1) by redesignating paragraphs (7) and (8) as paragraphs 

(8) and (9), respectively; and 

(2) by inserting after paragraph (6) the following new paragraph: 

‘‘(7)(A) The Director of National Intelligence shall, if the 

Director determines it is necessary, or may, if requested by a 

congressional intelligence committee, conduct an accountability 

review of an element of the intelligence community or the personnel 

of such element in relation to a failure or deficiency within the 

intelligence community. 

‘‘(B) The Director of National Intelligence, in consultation with 

the Attorney General, shall establish guidelines and procedures 

for conducting an accountability review under subparagraph (A). 

‘‘(C)(i) The Director of National Intelligence shall provide the 

findings of an accountability review conducted under subparagraph 

(A) and the Director’s recommendations for corrective or punitive 

action, if any, to the head of the applicable element of the intelligence community. Such recommendations may include a recommendation for dismissal of personnel. 

‘‘(ii) If the head of such element does not implement a recommendation made by the Director under clause (i), the head 

of such element shall submit to the congressional intelligence 

committees a notice of the determination not to implement the 

recommendation, including the reasons for the determination. 

‘‘(D) The requirements of this paragraph shall not be construed 

to limit any authority of the Director of National Intelligence under 

subsection (m) or with respect to supervision of the Central Intelligence Agency.’’. 

SEC. 402. AUTHORITIES FOR INTELLIGENCE INFORMATION SHARING. 

(a) AUTHORITIES FOR INTERAGENCY FUNDING.—Section 

102A(d)(2) of the National Security Act of 1947 (50 U.S.C. 403– 

1(d)(2)) is amended by striking ‘‘Program to another such program.’’ 

and inserting ‘‘Program— 

‘‘(A) to another such program; 

‘‘(B) to other departments or agencies of the United States 

Government for the development and fielding of systems of 

common concern related to the collection, processing, analysis, 

exploitation, and dissemination of intelligence information; or 
H. R. 2701—56 

‘‘(C) to a program funded by appropriations not within 

the National Intelligence Program to address critical gaps in 

intelligence information sharing or access capabilities.’’. 

(b) AUTHORITIES OF HEADS OF OTHER DEPARTMENTS AND AGENCIES.—Notwithstanding any other provision of law, the head of 

any department or agency of the United States is authorized to 

receive and utilize funds made available to the department or 

agency by the Director of National Intelligence pursuant to section 

102A(d)(2) of the National Security Act of 1947 (50 U.S.C. 403– 

1(d)(2)), as amended by subsection (a), and receive and utilize 

any system referred to in such section that is made available 

to such department or agency. 

SEC. 403. LOCATION OF THE OFFICE OF THE DIRECTOR OF NATIONAL 

INTELLIGENCE. 

Subsection (e) of section 103 of the National Security Act of 

1947 (50 U.S.C. 403–3) is amended to read as follows: 

‘‘(e) LOCATION OF THE OFFICE OF THE DIRECTOR OF NATIONAL

INTELLIGENCE.—The headquarters of the Office of the Director of 

National Intelligence may be located in the Washington metropolitan region, as that term is defined in section 8301 of title 40, 

United States Code.’’. 

SEC. 404. TITLE AND APPOINTMENT OF CHIEF INFORMATION OFFICER 

OF THE INTELLIGENCE COMMUNITY. 

Section 103G of the National Security Act of 1947 (50 U.S.C. 

403–3g) is amended— 

(1) in subsection (a)— 

(A) by inserting ‘‘of the Intelligence Community’’ after 

‘‘Chief Information Officer’’; and 

(B) by striking ‘‘President,’’ and all that follows and 

inserting ‘‘President.’’; 

(2) by striking subsection (b) and redesignating subsections 

(c) and (d) as subsections (b) and (c), respectively; 

(3) in subsection (b) (as so redesignated), by inserting ‘‘of 

the Intelligence Community’’ after ‘‘Chief Information Officer’’; 

and 

(4) in subsection (c) (as so redesignated), by inserting ‘‘of 

the Intelligence Community’’ before ‘‘may not’’. 

SEC. 405. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY. 

(a) ESTABLISHMENT.— (1) IN GENERAL.—Title I of the National Security Act of 

1947 (50 U.S.C. 402 et seq.), as amended by section 347 of 

this Act, is further amended by inserting after section 103G 

the following new section: 

‘‘INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY

‘‘SEC. 103H. (a) OFFICE OF INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.—There is within the Office of the Director 

of National Intelligence an Office of the Inspector General of the 

Intelligence Community. 

‘‘(b) PURPOSE.—The purpose of the Office of the Inspector General of the Intelligence Community is— 

‘‘(1) to create an objective and effective office, appropriately 

accountable to Congress, to initiate and conduct independent 

investigations, inspections, audits, and reviews on programs 
H. R. 2701—57 

and activities within the responsibility and authority of the 

Director of National Intelligence; 

‘‘(2) to provide leadership and coordination and recommend 

policies for activities designed— 

‘‘(A) to promote economy, efficiency, and effectiveness 

in the administration and implementation of such programs 

and activities; and 

‘‘(B) to prevent and detect fraud and abuse in such 

programs and activities; 

‘‘(3) to provide a means for keeping the Director of National 

Intelligence fully and currently informed about— 

‘‘(A) problems and deficiencies relating to the administration of programs and activities within the responsibility 

and authority of the Director of National Intelligence; and 

‘‘(B) the necessity for, and the progress of, corrective 

actions; and 

‘‘(4) in the manner prescribed by this section, to ensure 

that the congressional intelligence committees are kept similarly informed of— 

‘‘(A) significant problems and deficiencies relating to 

programs and activities within the responsibility and 

authority of the Director of National Intelligence; and 

‘‘(B) the necessity for, and the progress of, corrective 

actions. 

‘‘(c) INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.— 

(1) There is an Inspector General of the Intelligence Community, 

who shall be the head of the Office of the Inspector General of 

the Intelligence Community, who shall be appointed by the President, by and with the advice and consent of the Senate. 

‘‘(2) The nomination of an individual for appointment as 

Inspector General shall be made— 

‘‘(A) without regard to political affiliation; 

‘‘(B) on the basis of integrity, compliance with security 

standards of the intelligence community, and prior experience 

in the field of intelligence or national security; and 

‘‘(C) on the basis of demonstrated ability in accounting, 

financial analysis, law, management analysis, public administration, or investigations. 

‘‘(3) The Inspector General shall report directly to and be under 

the general supervision of the Director of National Intelligence. 

‘‘(4) The Inspector General may be removed from office only 

by the President. The President shall communicate in writing to 

the congressional intelligence committees the reasons for the 

removal not later than 30 days prior to the effective date of such 

removal. Nothing in this paragraph shall be construed to prohibit 

a personnel action otherwise authorized by law, other than transfer 

or removal. 

‘‘(d) ASSISTANT INSPECTORS GENERAL.—Subject to the policies 

of the Director of National Intelligence, the Inspector General of 

the Intelligence Community shall— 

‘‘(1) appoint an Assistant Inspector General for Audit who 

shall have the responsibility for supervising the performance 

of auditing activities relating to programs and activities within 

the responsibility and authority of the Director; 

‘‘(2) appoint an Assistant Inspector General for Investigations who shall have the responsibility for supervising the 
H. R. 2701—58 

performance of investigative activities relating to such programs and activities; and 

‘‘(3) appoint other Assistant Inspectors General that, in 

the judgment of the Inspector General, are necessary to carry 

out the duties of the Inspector General. 

‘‘(e) DUTIES AND RESPONSIBILITIES.—It shall be the duty and 

responsibility of the Inspector General of the Intelligence Community— 

‘‘(1) to provide policy direction for, and to plan, conduct, 

supervise, and coordinate independently, the investigations, 

inspections, audits, and reviews relating to programs and activities within the responsibility and authority of the Director 

of National Intelligence; 

‘‘(2) to keep the Director of National Intelligence fully and 

currently informed concerning violations of law and regulations, 

fraud, and other serious problems, abuses, and deficiencies 

relating to the programs and activities within the responsibility 

and authority of the Director, to recommend corrective action 

concerning such problems, and to report on the progress made 

in implementing such corrective action; 

‘‘(3) to take due regard for the protection of intelligence 

sources and methods in the preparation of all reports issued 

by the Inspector General, and, to the extent consistent with 

the purpose and objective of such reports, take such measures 

as may be appropriate to minimize the disclosure of intelligence 

sources and methods described in such reports; and 

‘‘(4) in the execution of the duties and responsibilities under 

this section, to comply with generally accepted government 

auditing. 

‘‘(f) LIMITATIONS ON ACTIVITIES.—(1) The Director of National 

Intelligence may prohibit the Inspector General of the Intelligence 

Community from initiating, carrying out, or completing any investigation, inspection, audit, or review if the Director determines 

that such prohibition is necessary to protect vital national security 

interests of the United States. 

‘‘(2) Not later than seven days after the date on which the 

Director exercises the authority under paragraph (1), the Director 

shall submit to the congressional intelligence committees an appropriately classified statement of the reasons for the exercise of such 

authority. 

‘‘(3) The Director shall advise the Inspector General at the 

time a statement under paragraph (2) is submitted, and, to the 

extent consistent with the protection of intelligence sources and 

methods, provide the Inspector General with a copy of such statement. 

‘‘(4) The Inspector General may submit to the congressional 

intelligence committees any comments on the statement of which 

the Inspector General has notice under paragraph (3) that the 

Inspector General considers appropriate. 

‘‘(g) AUTHORITIES.—(1) The Inspector General of the Intelligence 

Community shall have direct and prompt access to the Director 

of National Intelligence when necessary for any purpose pertaining 

to the performance of the duties of the Inspector General. 

‘‘(2)(A) The Inspector General shall, subject to the limitations 

in subsection (f), make such investigations and reports relating 

to the administration of the programs and activities within the 
H. R. 2701—59 

authorities and responsibilities of the Director as are, in the judgment of the Inspector General, necessary or desirable. 

‘‘(B) The Inspector General shall have access to any employee, 

or any employee of a contractor, of any element of the intelligence 

community needed for the performance of the duties of the Inspector 

General. 

‘‘(C) The Inspector General shall have direct access to all 

records, reports, audits, reviews, documents, papers, recommendations, or other materials that relate to the programs and activities 

with respect to which the Inspector General has responsibilities 

under this section. 

‘‘(D) The level of classification or compartmentation of information shall not, in and of itself, provide a sufficient rationale for 

denying the Inspector General access to any materials under 

subparagraph (C). 

‘‘(E) The Director, or on the recommendation of the Director, 

another appropriate official of the intelligence community, shall 

take appropriate administrative actions against an employee, or 

an employee of a contractor, of an element of the intelligence 

community that fails to cooperate with the Inspector General. Such 

administrative action may include loss of employment or the termination of an existing contractual relationship. 

‘‘(3) The Inspector General is authorized to receive and investigate, pursuant to subsection (h), complaints or information from 

any person concerning the existence of an activity within the 

authorities and responsibilities of the Director of National Intelligence constituting a violation of laws, rules, or regulations, or 

mismanagement, gross waste of funds, abuse of authority, or a 

substantial and specific danger to the public health and safety. 

Once such complaint or information has been received from an 

employee of the intelligence community— 

‘‘(A) the Inspector General shall not disclose the identity 

of the employee without the consent of the employee, unless 

the Inspector General determines that such disclosure is 

unavoidable during the course of the investigation or the disclosure is made to an official of the Department of Justice responsible for determining whether a prosecution should be undertaken; and 

‘‘(B) no action constituting a reprisal, or threat of reprisal, 

for making such complaint or disclosing such information to 

the Inspector General may be taken by any employee in a 

position to take such actions, unless the complaint was made 

or the information was disclosed with the knowledge that it 

was false or with willful disregard for its truth or falsity. 

‘‘(4) The Inspector General shall have the authority to administer to or take from any person an oath, affirmation, or affidavit, 

whenever necessary in the performance of the duties of the 

Inspector General, which oath, affirmation, or affidavit when 

administered or taken by or before an employee of the Office of 

the Inspector General of the Intelligence Community designated 

by the Inspector General shall have the same force and effect 

as if administered or taken by, or before, an officer having a 

seal. 

‘‘(5)(A) Except as provided in subparagraph (B), the Inspector 

General is authorized to require by subpoena the production of 

all information, documents, reports, answers, records, accounts, 

papers, and other data in any medium (including electronically 
H. R. 2701—60 

stored information, as well as any tangible thing) and documentary 

evidence necessary in the performance of the duties and responsibilities of the Inspector General. 

‘‘(B) In the case of departments, agencies, and other elements 

of the United States Government, the Inspector General shall obtain 

information, documents, reports, answers, records, accounts, papers, 

and other data and evidence for the purpose specified in subparagraph (A) using procedures other than by subpoenas. 

‘‘(C) The Inspector General may not issue a subpoena for, 

or on behalf of, any component of the Office of the Director of 

National Intelligence or any element of the intelligence community, 

including the Office of the Director of National Intelligence. 

‘‘(D) In the case of contumacy or refusal to obey a subpoena 

issued under this paragraph, the subpoena shall be enforceable 

by order of any appropriate district court of the United States. 

‘‘(6) The Inspector General may obtain services as authorized 

by section 3109 of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the maximum annual 

rate of basic pay payable for grade GS–15 of the General Schedule 

under section 5332 of title 5, United States Code. 

‘‘(7) The Inspector General may, to the extent and in such 

amounts as may be provided in appropriations, enter into contracts 

and other arrangements for audits, studies, analyses, and other 

services with public agencies and with private persons, and to 

make such payments as may be necessary to carry out the provisions of this section. 

‘‘(h) COORDINATION AMONG INSPECTORS GENERAL.—(1)(A) In 

the event of a matter within the jurisdiction of the Inspector General 

of the Intelligence Community that may be subject to an investigation, inspection, audit, or review by both the Inspector General 

of the Intelligence Community and an inspector general with oversight responsibility for an element of the intelligence community, 

the Inspector General of the Intelligence Community and such 

other inspector general shall expeditiously resolve the question 

of which inspector general shall conduct such investigation, inspection, audit, or review to avoid unnecessary duplication of the activities of the inspectors general. 

‘‘(B) In attempting to resolve a question under subparagraph 

(A), the inspectors general concerned may request the assistance 

of the Intelligence Community Inspectors General Forum established under paragraph (2). In the event of a dispute between 

an inspector general within a department or agency of the United 

States Government and the Inspector General of the Intelligence 

Community that has not been resolved with the assistance of such 

Forum, the inspectors general shall submit the question to the 

Director of National Intelligence and the head of the affected department or agency for resolution. 

‘‘(2)(A) There is established the Intelligence Community Inspectors General Forum, which shall consist of all statutory or administrative inspectors general with oversight responsibility for an element of the intelligence community. 

‘‘(B) The Inspector General of the Intelligence Community shall 

serve as the Chair of the Forum established under subparagraph 

(A). The Forum shall have no administrative authority over any 

inspector general, but shall serve as a mechanism for informing 

its members of the work of individual members of the Forum 

that may be of common interest and discussing questions about 
H. R. 2701—61 

jurisdiction or access to employees, employees of contract personnel, 

records, audits, reviews, documents, recommendations, or other 

materials that may involve or be of assistance to more than one 

of its members. 

‘‘(3) The inspector general conducting an investigation, inspection, audit, or review covered by paragraph (1) shall submit the 

results of such investigation, inspection, audit, or review to any 

other inspector general, including the Inspector General of the 

Intelligence Community, with jurisdiction to conduct such investigation, inspection, audit, or review who did not conduct such investigation, inspection, audit, or review. 

‘‘(i) COUNSEL TO THE INSPECTOR GENERAL.—(1) The Inspector 

General of the Intelligence Community shall— 

‘‘(A) appoint a Counsel to the Inspector General who shall 

report to the Inspector General; or 

‘‘(B) obtain the services of a counsel appointed by and 

directly reporting to another inspector general or the Council 

of the Inspectors General on Integrity and Efficiency on a 

reimbursable basis. 

‘‘(2) The counsel appointed or obtained under paragraph (1) 

shall perform such functions as the Inspector General may prescribe. 

‘‘(j) STAFF AND OTHER SUPPORT.—(1) The Director of National 

Intelligence shall provide the Inspector General of the Intelligence 

Community with appropriate and adequate office space at central 

and field office locations, together with such equipment, office supplies, maintenance services, and communications facilities and services as may be necessary for the operation of such offices. 

‘‘(2)(A) Subject to applicable law and the policies of the Director 

of National Intelligence, the Inspector General shall select, appoint, 

and employ such officers and employees as may be necessary to 

carry out the functions, powers, and duties of the Inspector General. 

The Inspector General shall ensure that any officer or employee 

so selected, appointed, or employed has security clearances appropriate for the assigned duties of such officer or employee. 

‘‘(B) In making selections under subparagraph (A), the Inspector 

General shall ensure that such officers and employees have the 

requisite training and experience to enable the Inspector General 

to carry out the duties of the Inspector General effectively. 

‘‘(C) In meeting the requirements of this paragraph, the 

Inspector General shall create within the Office of the Inspector 

General of the Intelligence Community a career cadre of sufficient 

size to provide appropriate continuity and objectivity needed for 

the effective performance of the duties of the Inspector General. 

‘‘(3) Consistent with budgetary and personnel resources allocated by the Director of National Intelligence, the Inspector General 

has final approval of— 

‘‘(A) the selection of internal and external candidates for 

employment with the Office of the Inspector General; and 

‘‘(B) all other personnel decisions concerning personnel 

permanently assigned to the Office of the Inspector General, 

including selection and appointment to the Senior Intelligence 

Service, but excluding all security-based determinations that 

are not within the authority of a head of a component of 

the Office of the Director of National Intelligence. 

‘‘(4)(A) Subject to the concurrence of the Director of National 

Intelligence, the Inspector General may request such information 
H. R. 2701—62 

or assistance as may be necessary for carrying out the duties 

and responsibilities of the Inspector General from any department, 

agency, or other element of the United States Government. 

‘‘(B) Upon request of the Inspector General for information 

or assistance under subparagraph (A), the head of the department, 

agency, or element concerned shall, insofar as is practicable and 

not in contravention of any existing statutory restriction or regulation of the department, agency, or element, furnish to the Inspector 

General, such information or assistance. 

‘‘(C) The Inspector General of the Intelligence Community may, 

upon reasonable notice to the head of any element of the intelligence 

community and in coordination with that element’s inspector general pursuant to subsection (h), conduct, as authorized by this 

section, an investigation, inspection, audit, or review of such element and may enter into any place occupied by such element 

for purposes of the performance of the duties of the Inspector 

General. 

‘‘(k) REPORTS.—(1)(A) The Inspector General of the Intelligence 

Community shall, not later than January 31 and July 31 of each 

year, prepare and submit to the Director of National Intelligence 

a classified, and, as appropriate, unclassified semiannual report 

summarizing the activities of the Office of the Inspector General 

of the Intelligence Community during the immediately preceding 

6-month period ending December 31 (of the preceding year) and 

June 30, respectively. The Inspector General of the Intelligence 

Community shall provide any portion of the report involving a 

component of a department of the United States Government to 

the head of that department simultaneously with submission of 

the report to the Director of National Intelligence. 

‘‘(B) Each report under this paragraph shall include, at a minimum, the following: 

‘‘(i) A list of the title or subject of each investigation, 

inspection, audit, or review conducted during the period covered 

by such report. 

‘‘(ii) A description of significant problems, abuses, and deficiencies relating to the administration of programs and activities of the intelligence community within the responsibility 

and authority of the Director of National Intelligence, and 

in the relationships between elements of the intelligence 

community, identified by the Inspector General during the 

period covered by such report. 

‘‘(iii) A description of the recommendations for corrective 

action made by the Inspector General during the period covered 

by such report with respect to significant problems, abuses, 

or deficiencies identified in clause (ii). 

‘‘(iv) A statement of whether or not corrective action has 

been completed on each significant recommendation described 

in previous semiannual reports, and, in a case where corrective 

action has been completed, a description of such corrective 

action. 

‘‘(v) A certification of whether or not the Inspector General 

has had full and direct access to all information relevant to 

the performance of the functions of the Inspector General. 

‘‘(vi) A description of the exercise of the subpoena authority 

under subsection (g)(5) by the Inspector General during the 

period covered by such report. 
H. R. 2701—63 

‘‘(vii) Such recommendations as the Inspector General considers appropriate for legislation to promote economy, efficiency, 

and effectiveness in the administration and implementation 

of programs and activities within the responsibility and 

authority of the Director of National Intelligence, and to detect 

and eliminate fraud and abuse in such programs and activities. 

‘‘(C) Not later than 30 days after the date of receipt of a 

report under subparagraph (A), the Director shall transmit the 

report to the congressional intelligence committees together with 

any comments the Director considers appropriate. The Director 

shall transmit to the committees of the Senate and of the House 

of Representatives with jurisdiction over a department of the United 

States Government any portion of the report involving a component 

of such department simultaneously with submission of the report 

to the congressional intelligence committees. 

‘‘(2)(A) The Inspector General shall report immediately to the 

Director whenever the Inspector General becomes aware of particularly serious or flagrant problems, abuses, or deficiencies relating 

to programs and activities within the responsibility and authority 

of the Director of National Intelligence. 

‘‘(B) The Director shall transmit to the congressional intelligence committees each report under subparagraph (A) within 7 

calendar days of receipt of such report, together with such comments 

as the Director considers appropriate. The Director shall transmit 

to the committees of the Senate and of the House of Representatives 

with jurisdiction over a department of the United States Government any portion of each report under subparagraph (A) that 

involves a problem, abuse, or deficiency related to a component 

of such department simultaneously with transmission of the report 

to the congressional intelligence committees. 

‘‘(3)(A) In the event that— 

‘‘(i) the Inspector General is unable to resolve any differences with the Director affecting the execution of the duties 

or responsibilities of the Inspector General; 

‘‘(ii) an investigation, inspection, audit, or review carried 

out by the Inspector General focuses on any current or former 

intelligence community official who— 

‘‘(I) holds or held a position in an element of the 

intelligence community that is subject to appointment by 

the President, whether or not by and with the advice 

and consent of the Senate, including such a position held 

on an acting basis; 

‘‘(II) holds or held a position in an element of the 

intelligence community, including a position held on an 

acting basis, that is appointed by the Director of National 

Intelligence; or 

‘‘(III) holds or held a position as head of an element 

of the intelligence community or a position covered by 

subsection (b) or (c) of section 106; 

‘‘(iii) a matter requires a report by the Inspector General 

to the Department of Justice on possible criminal conduct by 

a current or former official described in clause (ii); 

‘‘(iv) the Inspector General receives notice from the Department of Justice declining or approving prosecution of possible 

criminal conduct of any current or former official described 

in clause (ii); or 
H. R. 2701—64 

‘‘(v) the Inspector General, after exhausting all possible 

alternatives, is unable to obtain significant documentary 

information in the course of an investigation, inspection, audit, 

or review, 

the Inspector General shall immediately notify, and submit a report 

to, the congressional intelligence committees on such matter. 

‘‘(B) The Inspector General shall submit to the committees 

of the Senate and of the House of Representatives with jurisdiction 

over a department of the United States Government any portion 

of each report under subparagraph (A) that involves an investigation, inspection, audit, or review carried out by the Inspector General focused on any current or former official of a component of 

such department simultaneously with submission of the report to 

the congressional intelligence committees. 

‘‘(4) The Director shall submit to the congressional intelligence 

committees any report or findings and recommendations of an investigation, inspection, audit, or review conducted by the office which 

has been requested by the Chairman or Vice Chairman or ranking 

minority member of either committee. 

‘‘(5)(A) An employee of an element of the intelligence community, an employee assigned or detailed to an element of the intelligence community, or an employee of a contractor to the intelligence 

community who intends to report to Congress a complaint or 

information with respect to an urgent concern may report such 

complaint or information to the Inspector General. 

‘‘(B) Not later than the end of the 14-calendar-day period beginning on the date of receipt from an employee of a complaint or 

information under subparagraph (A), the Inspector General shall 

determine whether the complaint or information appears credible. 

Upon making such a determination, the Inspector General shall 

transmit to the Director a notice of that determination, together 

with the complaint or information. 

‘‘(C) Upon receipt of a transmittal from the Inspector General 

under subparagraph (B), the Director shall, within 7 calendar days 

of such receipt, forward such transmittal to the congressional intelligence committees, together with any comments the Director considers appropriate. 

‘‘(D)(i) If the Inspector General does not find credible under 

subparagraph (B) a complaint or information submitted under 

subparagraph (A), or does not transmit the complaint or information 

to the Director in accurate form under subparagraph (B), the 

employee (subject to clause (ii)) may submit the complaint or 

information to Congress by contacting either or both of the congressional intelligence committees directly. 

‘‘(ii) An employee may contact the congressional intelligence 

committees directly as described in clause (i) only if the employee— 

‘‘(I) before making such a contact, furnishes to the Director, 

through the Inspector General, a statement of the employee’s 

complaint or information and notice of the employee’s intent 

to contact the congressional intelligence committees directly; 

and 

‘‘(II) obtains and follows from the Director, through the 

Inspector General, direction on how to contact the congressional 

intelligence committees in accordance with appropriate security 

practices. 

‘‘(iii) A member or employee of one of the congressional intelligence committees who receives a complaint or information under 
H. R. 2701—65 

this subparagraph does so in that member or employee’s official 

capacity as a member or employee of such committee. 

‘‘(E) The Inspector General shall notify an employee who reports 

a complaint or information to the Inspector General under this 

paragraph of each action taken under this paragraph with respect 

to the complaint or information. Such notice shall be provided 

not later than 3 days after any such action is taken. 

‘‘(F) An action taken by the Director or the Inspector General 

under this paragraph shall not be subject to judicial review. 

‘‘(G) In this paragraph, the term ‘urgent concern’ means any 

of the following: 

‘‘(i) A serious or flagrant problem, abuse, violation of law 

or Executive order, or deficiency relating to the funding, 

administration, or operation of an intelligence activity within 

the responsibility and authority of the Director of National 

Intelligence involving classified information, but does not 

include differences of opinions concerning public policy matters. 

‘‘(ii) A false statement to Congress, or a willful withholding 

from Congress, on an issue of material fact relating to the 

funding, administration, or operation of an intelligence activity. 

‘‘(iii) An action, including a personnel action described in 

section 2302(a)(2)(A) of title 5, United States Code, constituting 

reprisal or threat of reprisal prohibited under subsection 

(g)(3)(B) of this section in response to an employee’s reporting 

an urgent concern in accordance with this paragraph. 

‘‘(H) Nothing in this section shall be construed to limit the 

protections afforded to an employee under section 17(d) of the 

Central Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)) or 

section 8H of the Inspector General Act of 1978 (5 U.S.C. App.). 

‘‘(6) In accordance with section 535 of title 28, United States 

Code, the Inspector General shall expeditiously report to the 

Attorney General any information, allegation, or complaint received 

by the Inspector General relating to violations of Federal criminal 

law that involves a program or operation of an element of the 

intelligence community, or in the relationships between the elements of the intelligence community, consistent with such guidelines as may be issued by the Attorney General pursuant to subsection (b)(2) of such section. A copy of each such report shall 

be furnished to the Director. 

‘‘(l) CONSTRUCTION OF DUTIES REGARDING ELEMENTS OF INTELLIGENCE COMMUNITY.—Except as resolved pursuant to subsection 

(h), the performance by the Inspector General of the Intelligence 

Community of any duty, responsibility, or function regarding an 

element of the intelligence community shall not be construed to 

modify or affect the duties and responsibilities of any other inspector 

general having duties and responsibilities relating to such element. 

‘‘(m) SEPARATE BUDGET ACCOUNT.—The Director of National 

Intelligence shall, in accordance with procedures issued by the 

Director in consultation with the congressional intelligence committees, include in the National Intelligence Program budget a separate 

account for the Office of the Inspector General of the Intelligence 

Community. 

‘‘(n) BUDGET.—(1) For each fiscal year, the Inspector General 

of the Intelligence Community shall transmit a budget estimate 

and request to the Director of National Intelligence that specifies 

for such fiscal year— 
H. R. 2701—66 

‘‘(A) the aggregate amount requested for the operations 

of the Inspector General; 

‘‘(B) the amount requested for all training requirements 

of the Inspector General, including a certification from the 

Inspector General that the amount requested is sufficient to 

fund all training requirements for the Office of the Inspector 

General; and 

‘‘(C) the amount requested to support the Council of the 

Inspectors General on Integrity and Efficiency, including a 

justification for such amount. 

‘‘(2) In transmitting a proposed budget to the President for 

a fiscal year, the Director of National Intelligence shall include 

for such fiscal year— 

‘‘(A) the aggregate amount requested for the Inspector General of the Intelligence Community; 

‘‘(B) the amount requested for Inspector General training; 

‘‘(C) the amount requested to support the Council of the 

Inspectors General on Integrity and Efficiency; and 

‘‘(D) the comments of the Inspector General, if any, with 

respect to such proposed budget. 

‘‘(3) The Director of National Intelligence shall submit to the 

congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the 

House of Representatives for each fiscal year— 

‘‘(A) a separate statement of the budget estimate transmitted pursuant to paragraph (1); 

‘‘(B) the amount requested by the Director for the Inspector 

General pursuant to paragraph (2)(A); 

‘‘(C) the amount requested by the Director for the training 

of personnel of the Office of the Inspector General pursuant 

to paragraph (2)(B); 

‘‘(D) the amount requested by the Director for support 

for the Council of the Inspectors General on Integrity and 

Efficiency pursuant to paragraph (2)(C); and 

‘‘(E) the comments of the Inspector General under paragraph (2)(D), if any, on the amounts requested pursuant to 

paragraph (2), including whether such amounts would substantially inhibit the Inspector General from performing the duties 

of the Office of the Inspector General.’’. 

(2) TABLE OF CONTENTS AMENDMENT.—The table of contents 

in the first section of the National Security Act of 1947, as 

amended by section 347 of this Act, is further amended by 

inserting after the item relating to section 103G the following 

new item: 

‘‘Sec. 103H. Inspector General of the Intelligence Community.’’. 

(b) PAY OF INSPECTOR GENERAL.—Subparagraph (A) of section 

4(a)(3) of the Inspector General Reform Act of 2008 (Public Law 

110–409; 5 U.S.C. App. note) is amended by inserting ‘‘the Inspector 

General of the Intelligence Community,’’ after ‘‘basic pay of’’. 

(c) CONSTRUCTION.—Nothing in the amendment made by subsection (a)(1) shall be construed to alter the duties and responsibilities of the General Counsel of the Office of the Director of National 

Intelligence. 

(d) REPEAL OF SUPERSEDED AUTHORITY TO ESTABLISH POSITION.—Section 8K of the Inspector General Act of 1978 (5 U.S.C. 

App.) shall be repealed on the date that the President appoints, 
H. R. 2701—67 

with the advice and consent of the Senate, the first individual 

to serve as Inspector General for the Intelligence Community pursuant to section 103H of the National Security Act of 1947, as added 

by subsection (a), and such individual assumes the duties of the 

Inspector General. 

SEC. 406. CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE COMMUNITY. 

(a) ESTABLISHMENT.—Title I of the National Security Act of 

1947 (50 U.S.C. 402 et seq.), as amended by section 405 of this 

Act, is further amended by inserting after section 103H, as added 

by section 405(a)(1), the following new section: 

‘‘CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE COMMUNITY

‘‘SEC. 103I. (a) CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE

COMMUNITY.—To assist the Director of National Intelligence in 

carrying out the responsibilities of the Director under this Act 

and other applicable provisions of law, there is within the Office 

of the Director of National Intelligence a Chief Financial Officer 

of the Intelligence Community who shall be appointed by the 

Director. 

‘‘(b) DUTIES AND RESPONSIBILITIES.—Subject to the direction 

of the Director of National Intelligence, the Chief Financial Officer 

of the Intelligence Community shall— 

‘‘(1) serve as the principal advisor to the Director of 

National Intelligence and the Principal Deputy Director of 

National Intelligence on the management and allocation of 

intelligence community budgetary resources; 

‘‘(2) participate in overseeing a comprehensive and 

integrated strategic process for resource management within 

the intelligence community; 

‘‘(3) ensure that the strategic plan of the Director of 

National Intelligence— 

‘‘(A) is based on budgetary constraints as specified 

in the Future Year Intelligence Plans and Long-term 

Budget Projections required under section 506G; and 

‘‘(B) contains specific goals and objectives to support 

a performance-based budget; 

‘‘(4) prior to the obligation or expenditure of funds for 

the acquisition of any major system pursuant to a Milestone 

A or Milestone B decision, receive verification from appropriate 

authorities that the national requirements for meeting the strategic plan of the Director have been established, and that 

such requirements are prioritized based on budgetary constraints as specified in the Future Year Intelligence Plans 

and the Long-term Budget Projections for such major system 

required under section 506G; 

‘‘(5) ensure that the collection architectures of the Director 

are based on budgetary constraints as specified in the Future 

Year Intelligence Plans and the Long-term Budget Projections 

required under section 506G; 

‘‘(6) coordinate or approve representations made to Congress by the intelligence community regarding National Intelligence Program budgetary resources; 

‘‘(7) participate in key mission requirements, acquisitions, 

or architectural boards formed within or by the Office of the 

Director of National Intelligence; and 
H. R. 2701—68 

‘‘(8) perform such other duties as may be prescribed by 

the Director of National Intelligence. 

‘‘(c) OTHER LAW.—The Chief Financial Officer of the Intelligence 

Community shall serve as the Chief Financial Officer of the intelligence community and, to the extent applicable, shall have the 

duties, responsibilities, and authorities specified in chapter 9 of 

title 31, United States Code. 

‘‘(d) PROHIBITION ON SIMULTANEOUS SERVICE AS OTHER CHIEF

FINANCIAL OFFICER.—An individual serving in the position of Chief 

Financial Officer of the Intelligence Community may not, while 

so serving, serve as the chief financial officer of any other department or agency, or component thereof, of the United States Government. 

‘‘(e) DEFINITIONS.—In this section: 

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

term in section 506A(e). 

‘‘(2) The term ‘Milestone A’ has the meaning given that 

term in section 506G(f). 

‘‘(3) The term ‘Milestone B’ has the meaning given that 

term in section 506C(e).’’. 

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

in the first section of the National Security Act of 1947, as amended 

by section 405(a), is further amended by inserting after the item 

relating to section 103H, as added by section 405(a)(2), the following 

new item: 

‘‘Sec. 103I. Chief Financial Officer of the Intelligence Community.’’. 

SEC. 407. LEADERSHIP AND LOCATION OF CERTAIN OFFICES AND 

OFFICIALS. 

(a) NATIONAL COUNTER PROLIFERATION CENTER.—Section 

119A(a) of the National Security Act of 1947 (50 U.S.C. 404o– 

1(a)) is amended— 

(1) by striking ‘‘Not later than 18 months after the date 

of the enactment of the National Security Intelligence Reform 

Act of 2004, the’’ and inserting ‘‘(1) The’’; and 

(2) by adding at the end the following new paragraphs: 

‘‘(2) The head of the National Counter Proliferation Center 

shall be the Director of the National Counter Proliferation Center, 

who shall be appointed by the Director of National Intelligence. 

‘‘(3) The National Counter Proliferation Center shall be located 

within the Office of the Director of National Intelligence.’’. 

(b) OFFICERS.—Section 103(c) of that Act (50 U.S.C. 403–3(c)) 

is amended— 

(1) by redesignating paragraph (9) as paragraph (14); and 

(2) by inserting after paragraph (8) the following new paragraphs: 

‘‘(9) The Chief Information Officer of the Intelligence 

Community. 

‘‘(10) The Inspector General of the Intelligence Community. 

‘‘(11) The Director of the National Counterterrorism Center. 

‘‘(12) The Director of the National Counter Proliferation 

Center. 

‘‘(13) The Chief Financial Officer of the Intelligence 

Community.’’. 
H. R. 2701—69 

SEC. 408. PROTECTION OF CERTAIN FILES OF THE OFFICE OF THE 

DIRECTOR OF NATIONAL INTELLIGENCE. 

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

1947 (50 U.S.C. 431 et seq.) is amended by adding at the end 

the following new section: 

‘‘PROTECTION OF CERTAIN FILES OF THE OFFICE OF THE DIRECTOR OF

NATIONAL INTELLIGENCE

‘‘SEC. 706. (a) INAPPLICABILITY OF FOIA TO EXEMPTED OPER- ATIONAL FILES PROVIDED TO ODNI.—(1) Subject to paragraph (2), 

the provisions of section 552 of title 5, United States Code, that 

require search, review, publication, or disclosure of a record shall 

not apply to a record provided to the Office of the Director of 

National Intelligence by an element of the intelligence community 

from the exempted operational files of such element. 

‘‘(2) Paragraph (1) shall not apply with respect to a record 

of the Office that— 

‘‘(A) contains information derived or disseminated from 

an exempted operational file, unless such record is created 

by the Office for the sole purpose of organizing such exempted 

operational file for use by the Office; 

‘‘(B) is disseminated by the Office to a person other than 

an officer, employee, or contractor of the Office; or 

‘‘(C) is no longer designated as an exempted operational 

file in accordance with this title. 

‘‘(b) EFFECT OF PROVIDING FILES TO ODNI.—Notwithstanding 

any other provision of this title, an exempted operational file that 

is provided to the Office by an element of the intelligence community 

shall not be subject to the provisions of section 552 of title 5, 

United States Code, that require search, review, publication, or 

disclosure of a record solely because such element provides such 

exempted operational file to the Office. 

‘‘(c) SEARCH AND REVIEW FOR CERTAIN PURPOSES.—Notwithstanding subsection (a) or (b), an exempted operational file shall 

continue to be subject to search and review for information concerning any of the following: 

‘‘(1) United States citizens or aliens lawfully admitted for 

permanent residence who have requested information on themselves pursuant to the provisions of section 552 or 552a of 

title 5, United States Code. 

‘‘(2) Any special activity the existence of which is not 

exempt from disclosure under the provisions of section 552 

of title 5, United States Code. 

‘‘(3) The specific subject matter of an investigation for 

any impropriety or violation of law, Executive order, or Presidential directive, in the conduct of an intelligence activity by 

any of the following: 

‘‘(A) The Select Committee on Intelligence of the 

Senate. 

‘‘(B) The Permanent Select Committee on Intelligence 

of the House of Representatives. 

‘‘(C) The Intelligence Oversight Board. 

‘‘(D) The Department of Justice. 

‘‘(E) The Office of the Director of National Intelligence. 

‘‘(F) The Office of the Inspector General of the Intelligence Community. 
H. R. 2701—70 

‘‘(d) DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES.— 

(1) Not less than once every 10 years, the Director of National 

Intelligence shall review the exemptions in force under subsection 

(a) to determine whether such exemptions may be removed from 

any category of exempted files or any portion thereof. 

‘‘(2) The review required by paragraph (1) shall include consideration of the historical value or other public interest in the subject 

matter of the particular category of files or portions thereof and 

the potential for declassifying a significant part of the information 

contained therein. 

‘‘(3) A complainant that alleges that the Director of National 

Intelligence has improperly withheld records because of failure to 

comply with this subsection may seek judicial review in the district 

court of the United States of the district in which any of the 

parties reside, or in the District of Columbia. In such a proceeding, 

the court’s review shall be limited to determining the following: 

‘‘(A) Whether the Director has conducted the review 

required by paragraph (1) before the expiration of the 10- 

year period beginning on the date of the enactment of the 

Intelligence Authorization Act for Fiscal Year 2010 or before 

the expiration of the 10-year period beginning on the date 

of the most recent review. 

‘‘(B) Whether the Director of National Intelligence, in fact, 

considered the criteria set forth in paragraph (2) in conducting 

the required review. 

‘‘(e) SUPERSEDURE OF OTHER LAWS.—The provisions of this 

section may not be superseded except by a provision of law that 

is enacted after the date of the enactment of this section and 

that specifically cites and repeals or modifies such provisions. 

‘‘(f) ALLEGATION; IMPROPER WITHHOLDING OF RECORDS; 

JUDICIAL REVIEW.—(1) Except as provided in paragraph (2), whenever any person who has requested agency records under section 

552 of title 5, United States Code, alleges that the Office has 

withheld records improperly because of failure to comply with any 

provision of this section, judicial review shall be available under 

the terms set forth in section 552(a)(4)(B) of title 5, United States 

Code. 

‘‘(2) Judicial review shall not be available in the manner provided for under paragraph (1) as follows: 

‘‘(A) In any case in which information specifically authorized under criteria established by an Executive order to be 

kept secret in the interests of national defense or foreign relations is filed with, or produced for, the court by the Office, 

such information shall be examined ex parte, in camera by 

the court. 

‘‘(B) The court shall determine, to the fullest extent practicable, the issues of fact based on sworn written submissions 

of the parties. 

‘‘(C)(i) When a complainant alleges that requested records 

were improperly withheld because of improper exemption of 

operational files, the Office may meet the burden of the Office 

under section 552(a)(4)(B) of title 5, United States Code, by 

demonstrating to the court by sworn written submission that 

exempted files likely to contain responsive records are records 

provided to the Office by an element of the intelligence community from the exempted operational files of such element. 
H. R. 2701—71 

‘‘(ii) The court may not order the Office to review the 

content of any exempted file in order to make the demonstration 

required under clause (i), unless the complainant disputes the 

Office’s showing with a sworn written submission based on 

personal knowledge or otherwise admissible evidence. 

‘‘(D) In proceedings under subparagraph (C), a party may 

not obtain discovery pursuant to rules 26 through 36 of the 

Federal Rules of Civil Procedure, except that requests for 

admissions may be made pursuant to rules 26 and 36 of the 

Federal Rules of Civil Procedure. 

‘‘(E) If the court finds under this subsection that the Office 

has improperly withheld requested records because of failure 

to comply with any provision of this section, the court shall 

order the Office to search and review each appropriate 

exempted file for the requested records and make such records, 

or portions thereof, available in accordance with the provisions 

of section 552 of title 5, United States Code (commonly referred 

to as the Freedom of Information Act), and such order shall 

be the exclusive remedy for failure to comply with this section. 

‘‘(F) If at any time following the filing of a complaint 

pursuant to this paragraph the Office agrees to search each 

appropriate exempted file for the requested records, the court 

shall dismiss the claim based upon such complaint. 

‘‘(g) DEFINITIONS.—In this section: 

‘‘(1) The term ‘exempted operational file’ means a file of 

an element of the intelligence community that, in accordance 

with this title, is exempted from the provisions of section 552 

of title 5, United States Code, that require search, review, 

publication, or disclosure of such file. 

‘‘(2) Except as otherwise specifically provided, the term 

‘Office’ means the Office of the Director of National Intelligence.’’. 

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

in the first section of the National Security Act of 1947, as amended 

by section 406(b) of this Act, is further amended by inserting 

after the item relating to section 705 the following new item: 

‘‘Sec. 706. Protection of certain files of the Office of the Director of National Intelligence.’’. 

SEC. 409. COUNTERINTELLIGENCE INITIATIVES FOR THE INTELLIGENCE COMMUNITY. 

Section 1102 of the National Security Act of 1947 (50 U.S.C. 

442a) is amended— 

(1) in subsection (a)— 

(A) by striking paragraph (2); and 

(B) by striking ‘‘(1) In’’ and inserting ‘‘In’’; and 

(2) in subsection (c)— 

(A) by striking paragraph (2); and 

(B) by striking ‘‘(1) The’’ and inserting ‘‘The’’. 

SEC. 410. INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT 

TO ADVISORY COMMITTEES OF THE OFFICE OF THE 

DIRECTOR OF NATIONAL INTELLIGENCE. 

(a) IN GENERAL.—Section 4(b) of the Federal Advisory Committee Act (5 U.S.C. App.) is amended— 

(1) in paragraph (1), by striking ‘‘or’’; 
H. R. 2701—72 

(2) in paragraph (2), by striking the period and inserting 

‘‘; or’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(3) the Office of the Director of National Intelligence, 

if the Director of National Intelligence determines that for 

reasons of national security such advisory committee cannot 

comply with the requirements of this Act.’’. 

(b) ANNUAL REPORT.— 

(1) IN GENERAL.—The Director of National Intelligence and 

the Director of the Central Intelligence Agency shall each 

submit to the congressional intelligence committees an annual 

report on advisory committees created by each such Director. 

Each report shall include— 

(A) a description of each such advisory committee, 

including the subject matter of the committee; and 

(B) a list of members of each such advisory committee. 

(2) REPORT ON REASONS FOR ODNI EXCLUSION OF ADVISORY

COMMITTEE FROM FACA.—Each report submitted by the Director 

of National Intelligence in accordance with paragraph (1) shall 

include the reasons for a determination by the Director under 

section 4(b)(3) of the Federal Advisory Committee Act (5 U.S.C. 

App.), as added by subsection (a) of this section, that an 

advisory committee cannot comply with the requirements of 

such Act. 

SEC. 411. MEMBERSHIP OF THE DIRECTOR OF NATIONAL INTELLIGENCE ON THE TRANSPORTATION SECURITY OVERSIGHT BOARD. 

Subparagraph (F) of section 115(b)(1) of title 49, United States 

Code, is amended to read as follows: 

‘‘(F) The Director of National Intelligence, or the Director’s designee.’’. 

SEC. 412. REPEAL OF CERTAIN AUTHORITIES RELATING TO THE 

OFFICE OF THE NATIONAL COUNTERINTELLIGENCE 

EXECUTIVE. 

(a) REPEAL OF CERTAIN AUTHORITIES.—Section 904 of the 

Counterintelligence Enhancement Act of 2002 (50 U.S.C. 402c) is 

amended— 

(1) by striking subsections (d), (h), (i), and (j); 

(2) by redesignating subsections (e), (f), (g), (k), (l), and 

(m) as subsections (d), (e), (f), (g), (h), and (i), respectively; 

and 

(3) in subsection (f), as redesignated by paragraph (2), 

by striking paragraphs (3) and (4). 

(b) CONFORMING AMENDMENTS.—Such section 904 is further 

amended— 

(1) in subsection (d), as redesignated by subsection (a)(2) 

of this section, by striking ‘‘subsection (f)’’ each place it appears 

in paragraphs (1) and (2) and inserting ‘‘subsection (e)’’; and 

(2) in subsection (e), as so redesignated— 

(A) in paragraph (1), by striking ‘‘subsection (e)(1)’’ 

and inserting ‘‘subsection (d)(1)’’; and 

(B) in paragraph (2), by striking ‘‘subsection (e)(2)’’ 

and inserting ‘‘subsection (d)(2)’’. 
H. R. 2701—73 

SEC. 413. MISUSE OF THE OFFICE OF THE DIRECTOR OF NATIONAL 

INTELLIGENCE NAME, INITIALS, OR SEAL. 

(a) PROHIBITION.—Title XI of the National Security Act of 1947 

(50 U.S.C. 442 et seq.) is amended by adding at the end the 

following new section: 

‘‘MISUSE OF THE OFFICE OF THE DIRECTOR OF NATIONAL

INTELLIGENCE NAME, INITIALS, OR SEAL

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

the written permission of the Director of National Intelligence, 

or a designee of the Director, knowingly use the words ‘Office 

of the Director of National Intelligence’, the initials ‘ODNI’, the 

seal of the Office of the Director of National Intelligence, or any 

colorable imitation of such words, initials, or seal in connection 

with any merchandise, impersonation, solicitation, or commercial 

activity in a manner reasonably calculated to convey the impression 

that such use is approved, endorsed, or authorized by the Director 

of National Intelligence. 

‘‘(b) INJUNCTION.—Whenever it appears to the Attorney General 

that any person is engaged or is about to engage in an act or 

practice which constitutes or will constitute conduct prohibited by 

subsection (a), the Attorney General may initiate a civil proceeding 

in a district court of the United States to enjoin such act or practice. 

Such court shall proceed as soon as practicable to the hearing 

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

final determination, enter such restraining orders or prohibitions, 

or take such other action as is warranted, to prevent injury to 

the United States or to any person or class of persons for whose 

protection the action is brought.’’. 

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

in the first section of such Act, as amended by section 408 of 

this Act, is further amended by inserting after the item relating 

to section 1102 the following new item: 

‘‘Sec. 1103. Misuse of the Office of the Director of National Intelligence name, initials, or seal.’’. 

SEC. 414. PLAN TO IMPLEMENT RECOMMENDATIONS OF THE DATA 

CENTER ENERGY EFFICIENCY REPORTS. 

(a) PLAN.—The Director of National Intelligence shall develop 

a plan to implement the recommendations of the report submitted 

to Congress under section 1 of the Act entitled ‘‘An Act to study 

and promote the use of energy efficient computer servers in the 

United States’’ (Public Law 109–431; 120 Stat. 2920) across the 

intelligence community. 

(b) REPORT.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report containing the plan developed under subsection 

(a). 

(2) FORM.—The report required under paragraph (1) shall 

be submitted in unclassified form, but may include a classified 

annex. 
H. R. 2701—74 

SEC. 415. DIRECTOR OF NATIONAL INTELLIGENCE SUPPORT FOR 

REVIEWS OF INTERNATIONAL TRAFFIC IN ARMS REGULATIONS AND EXPORT ADMINISTRATION REGULATIONS. 

The Director of National Intelligence may provide support for 

any review conducted by a department or agency of the United 

States Government of the International Traffic in Arms Regulations 

or Export Administration Regulations, including a review of technologies and goods on the United States Munitions List and Commerce Control List that may warrant controls that are different 

or additional to the controls such technologies and goods are subject 

to at the time of such review. 

Subtitle B—Central Intelligence Agency 

SEC. 421. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR PROTECTIVE PERSONNEL OF THE CENTRAL INTELLIGENCE 

AGENCY. 

Section 5(a)(4) of the Central Intelligence Agency Act of 1949 

(50 U.S.C. 403f(a)(4)) is amended— 

(1) by striking ‘‘and the protection’’ and inserting ‘‘the 

protection’’; and 

(2) by inserting before the semicolon the following: ‘‘, and 

the protection of the Director of National Intelligence and such 

personnel of the Office of the Director of National Intelligence 

as the Director of National Intelligence may designate’’. 

SEC. 422. APPEALS FROM DECISIONS INVOLVING CONTRACTS OF THE 

CENTRAL INTELLIGENCE AGENCY. 

Section 8(d) of the Contract Disputes Act of 1978 (41 U.S.C. 

607(d)) is amended by adding at the end ‘‘Notwithstanding any 

other provision of this section and any other provision of law, 

an appeal from a decision of a contracting officer of the Central 

Intelligence Agency relative to a contract made by that Agency 

may be filed with whichever of the Armed Services Board of Contract Appeals or the Civilian Board of Contract Appeals is specified 

by such contracting officer as the Board to which such an appeal 

may be made and such Board shall have jurisdiction to decide 

that appeal.’’. 

SEC. 423. DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE 

AGENCY. 

(a) ESTABLISHMENT AND DUTIES OF DEPUTY DIRECTOR OF THE

CIA.—Title I of the National Security Act of 1947 (50 U.S.C. 402 

et seq.), as amended by section 406 of this Act, is further amended 

by inserting after section 104A the following new section: 

‘‘DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY

‘‘SEC. 104B. (a) DEPUTY DIRECTOR OF THE CENTRAL INTEL- LIGENCE AGENCY.—There is a Deputy Director of the Central Intelligence Agency who shall be appointed by the President. 

‘‘(b) DUTIES.—The Deputy Director of the Central Intelligence 

Agency shall— 

‘‘(1) assist the Director of the Central Intelligence Agency 

in carrying out the duties and responsibilities of the Director 

of the Central Intelligence Agency; and 
H. R. 2701—75 

‘‘(2) during the absence or disability of the Director of 

the Central Intelligence Agency, or during a vacancy in the 

position of Director of the Central Intelligence Agency, act 

for and exercise the powers of the Director of the Central 

Intelligence Agency.’’. 

(b) CONFORMING AMENDMENTS.— (1) EXECUTIVE SCHEDULE III.—Section 5314 of title 5, 

United States Code, is amended by striking ‘‘Deputy Directors 

of Central Intelligence (2)’’ and inserting ‘‘Deputy Director of 

the Central Intelligence Agency’’. 

(2) TABLE OF CONTENTS AMENDMENT.—The table of contents 

in the first section of the National Security Act of 1947, as 

amended by section 414 of this Act, is further amended by 

inserting after the item relating to section 104A the following 

new item: 

‘‘Sec. 104B. Deputy Director of the Central Intelligence Agency.’’. 

(c) APPLICABILITY.—The amendments made by this section shall 

apply on the earlier of— 

(1) the date of the appointment by the President of an 

individual to serve as Deputy Director of the Central Intelligence Agency pursuant to section 104B of the National Security Act of 1947, as added by subsection (a), except that the 

individual administratively performing the duties of the Deputy 

Director of the Central Intelligence Agency as of the date of 

the enactment of this Act may continue to perform such duties 

until the individual appointed to the position of Deputy Director 

of the Central Intelligence Agency assumes the duties of such 

position; or 

(2) the date of the cessation of the performance of the 

duties of the Deputy Director of the Central Intelligence Agency 

by the individual administratively performing such duties as 

of the date of the enactment of this Act. 

SEC. 424. AUTHORITY TO AUTHORIZE TRAVEL ON A COMMON CARRIER. 

Subsection (b) of section 116 of the National Security Act of 

1947 (50 U.S.C. 404k) is amended by striking the period at the 

end and inserting ‘‘, who may delegate such authority to other 

appropriate officials of the Central Intelligence Agency.’’. 

SEC. 425. INSPECTOR GENERAL FOR THE CENTRAL INTELLIGENCE 

AGENCY. 

(a) APPOINTMENT AND QUALIFICATIONS OF THE INSPECTOR GENERAL.—Paragraph (1) of section 17(b) of the Central Intelligence 

Agency Act of 1949 (50 U.S.C. 403q(b)) is amended by striking 

the second and third sentences and inserting ‘‘This appointment 

shall be made without regard to political affiliation and shall be 

on the basis of integrity and demonstrated ability in accounting, 

auditing, financial analysis, law, management analysis, public 

administration, or investigation. Such appointment shall also be 

made on the basis of compliance with the security standards of 

the Agency and prior experience in the field of foreign intelligence.’’. 

(b) REMOVAL OF THE INSPECTOR GENERAL.—Paragraph (6) of 

section 17(b) of the Central Intelligence Agency Act of 1949 (50 

U.S.C. 403q(b)) is amended— 

(1) by striking ‘‘immediately’’; and 

(2) by striking the period at the end and inserting ‘‘not 

later than 30 days prior to the effective date of such removal. 
H. R. 2701—76 

Nothing in this paragraph shall be construed to prohibit a 

personnel action otherwise authorized by law, other than 

transfer or removal.’’. 

(c) APPLICATION OF SEMIANNUAL REPORTING REQUIREMENTS

WITH RESPECT TO REVIEW REPORTS.—Paragraph (1) of section 17(d) 

of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)) 

is amended in the matter preceding subparagraph (A) by inserting 

‘‘review,’’ after ‘‘investigation,’’. 

(d) PROTECTION AGAINST REPRISALS.—Subparagraph (B) of section 17(e)(3) of the Central Intelligence Agency Act of 1949 (50 

U.S.C. 403q(e)(3)) is amended by inserting ‘‘or providing such 

information’’ after ‘‘making such complaint’’. 

(e) INSPECTOR GENERAL SUBPOENA POWER.—Subparagraph (A) 

of section 17(e)(5) of the Central Intelligence Agency Act of 1949 

(50 U.S.C. 403q(e)(5)) is amended by inserting ‘‘in any medium 

(including electronically stored information or any tangible thing)’’ 

after ‘‘other data’’. 

(f) OTHER ADMINISTRATIVE AUTHORITIES.— 

(1) IN GENERAL.—Subsection (e) of section 17 of the Central 

Intelligence Agency Act of 1949 (50 U.S.C. 403q), as amended 

by subsections (d) and (e) of this section, is further amended— 

(A) by redesignating paragraph (8) as subparagraph 

(9); 

(B) in paragraph (9), as so redesignated— 

(i) by striking ‘‘Subject to the concurrence of the 

Director, the’’ and inserting ‘‘The’’; and 

(ii) by adding at the end the following: ‘‘Consistent 

with budgetary and personnel resources allocated by 

the Director, the Inspector General has final approval 

of— 

‘‘(A) the selection of internal and external candidates 

for employment with the Office of Inspector General; and 

‘‘(B) all other personnel decisions concerning personnel 

permanently assigned to the Office of Inspector General, 

including selection and appointment to the Senior Intelligence Service, but excluding all security-based determinations that are not within the authority of a head of other 

Central Intelligence Agency offices.’’; and 

(C) by inserting after paragraph (7) the following new 

paragraph: 

‘‘(8)(A) The Inspector General shall— 

‘‘(i) appoint a Counsel to the Inspector General who shall 

report to the Inspector General; or 

‘‘(ii) obtain the services of a counsel appointed by and 

directly reporting to another Inspector General or the Council 

of the Inspectors General on Integrity and Efficiency on a 

reimbursable basis. 

‘‘(B) The counsel appointed or obtained under subparagraph 

(A) shall perform such functions as the Inspector General may 

prescribe.’’. 

(2) CONSTRUCTION.—Nothing in the amendment made by 

paragraph (1)(C) shall be construed to alter the duties and 

responsibilities of the General Counsel of the Central Intelligence Agency. 
H. R. 2701—77 

SEC. 426. BUDGET OF THE INSPECTOR GENERAL FOR THE CENTRAL 

INTELLIGENCE AGENCY. 

Subsection (f) of section 17 of the Central Intelligence Agency 

Act of 1949 (50 U.S.C. 403q) is amended— 

(1) by inserting ‘‘(1)’’ before ‘‘Beginning’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) For each fiscal year, the Inspector General shall transmit 

a budget estimate and request through the Director to the Director 

of National Intelligence that specifies for such fiscal year— 

‘‘(A) the aggregate amount requested for the operations 

of the Inspector General; 

‘‘(B) the amount requested for all training requirements 

of the Inspector General, including a certification from the 

Inspector General that the amount requested is sufficient to 

fund all training requirements for the Office; and 

‘‘(C) the amount requested to support the Council of the 

Inspectors General on Integrity and Efficiency, including a 

justification for such amount. 

‘‘(3) In transmitting a proposed budget to the President for 

a fiscal year, the Director of National Intelligence shall include 

for such fiscal year— 

‘‘(A) the aggregate amount requested for the Inspector General of the Central Intelligence Agency; 

‘‘(B) the amount requested for Inspector General training; 

‘‘(C) the amount requested to support the Council of the 

Inspectors General on Integrity and Efficiency; and 

‘‘(D) the comments of the Inspector General, if any, with 

respect to such proposed budget. 

‘‘(4) The Director of National Intelligence shall submit to the 

Committee on Appropriations and the Select Committee on Intelligence of the Senate and the Committee on Appropriations and 

the Permanent Select Committee on Intelligence of the House of 

Representatives for each fiscal year— 

‘‘(A) a separate statement of the budget estimate transmitted pursuant to paragraph (2); 

‘‘(B) the amount requested by the Director of National 

Intelligence for the Inspector General pursuant to paragraph 

(3)(A); 

‘‘(C) the amount requested by the Director of National 

Intelligence for training of personnel of the Office of the 

Inspector General pursuant to paragraph (3)(B); 

‘‘(D) the amount requested by the Director of National 

Intelligence for support for the Council of the Inspectors General on Integrity and Efficiency pursuant to paragraph (3)(C); 

and 

‘‘(E) the comments of the Inspector General under paragraph (3)(D), if any, on the amounts requested pursuant to 

paragraph (3), including whether such amounts would substantially inhibit the Inspector General from performing the duties 

of the Office.’’. 

SEC. 427. PUBLIC AVAILABILITY OF UNCLASSIFIED VERSIONS OF CERTAIN INTELLIGENCE PRODUCTS. 

The Director of the Central Intelligence Agency shall make 

publicly available an unclassified version of any memoranda or 

finished intelligence products assessing the— 
H. R. 2701—78 

(1) information gained from high-value detainee reporting; 

and 

(2) dated April 3, 2003, July 15, 2004, March 2, 2005, 

and June 1, 2005. 

Subtitle C—Defense Intelligence 

Components 

SEC. 431. INSPECTOR GENERAL MATTERS. 

(a) COVERAGE UNDER INSPECTOR GENERAL ACT OF 1978.—Subsection (a)(2) of section 8G of the Inspector General Act of 1978 

(5 U.S.C. App.) is amended— 

(1) by inserting ‘‘the Defense Intelligence Agency,’’ after 

‘‘the Corporation for Public Broadcasting,’’; 

(2) by inserting ‘‘the National Geospatial-Intelligence 

Agency,’’ after ‘‘the National Endowment for the Humanities,’’; 

and 

(3) by inserting ‘‘the National Reconnaissance Office, the 

National Security Agency,’’ after ‘‘the National Labor Relations 

Board,’’. 

(b) CERTAIN DESIGNATIONS UNDER INSPECTOR GENERAL ACT

OF 1978.—Subsection (a) of section 8H of the Inspector General 

Act of 1978 (5 U.S.C. App.) is amended by adding at the end 

the following new paragraph: 

‘‘(3) The Inspectors General of the Defense Intelligence Agency, 

the National Geospatial-Intelligence Agency, the National Reconnaissance Office, and the National Security Agency shall be designees of the Inspector General of the Department of Defense for 

purposes of this section.’’. 

(c) POWER OF HEADS OF ELEMENTS OVER INVESTIGATIONS.— Subsection (d) of section 8G of such Act (5 U.S.C. App.) is amended— 

(1) by inserting ‘‘(1)’’ after ‘‘(d)’’; 

(2) in the second sentence of paragraph (1), as designated 

by paragraph (1) of this subsection, by striking ‘‘The head’’ 

and inserting ‘‘Except as provided in paragraph (2), the head’’; 

and 

(3) by adding at the end the following new paragraph: 

‘‘(2)(A) The Secretary of Defense, in consultation with the 

Director of National Intelligence, may prohibit the inspector general 

of an element of the intelligence community specified in subparagraph (D) from initiating, carrying out, or completing any audit 

or investigation if the Secretary determines that the prohibition 

is necessary to protect vital national security interests of the United 

States. 

‘‘(B) If the Secretary exercises the authority under subparagraph (A), the Secretary shall submit to the committees of Congress 

specified in subparagraph (E) an appropriately classified statement 

of the reasons for the exercise of such authority not later than 

7 days after the exercise of such authority. 

‘‘(C) At the same time the Secretary submits under subparagraph (B) a statement on the exercise of the authority in subparagraph (A) to the committees of Congress specified in subparagraph 

(E), the Secretary shall notify the inspector general of such element 

of the submittal of such statement and, to the extent consistent 

with the protection of intelligence sources and methods, provide 

such inspector general with a copy of such statement. Such inspector 
H. R. 2701—79 

general may submit to such committees of Congress any comments 

on a notice or statement received by the inspector general under 

this subparagraph that the inspector general considers appropriate. 

‘‘(D) The elements of the intelligence community specified in 

this subparagraph are as follows: 

‘‘(i) The Defense Intelligence Agency. 

‘‘(ii) The National Geospatial-Intelligence Agency. 

‘‘(iii) The National Reconnaissance Office. 

‘‘(iv) The National Security Agency. 

‘‘(E) The committees of Congress specified in this subparagraph 

are— 

‘‘(i) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and 

‘‘(ii) the Committee on Armed Services and the Permanent 

Select Committee on Intelligence of the House of Representatives.’’. 

SEC. 432. CLARIFICATION OF NATIONAL SECURITY MISSIONS OF 

NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY FOR 

ANALYSIS AND DISSEMINATION OF CERTAIN INTELLIGENCE INFORMATION. 

Section 442(a) of title 10, United States Code, is amended— 

(1) by redesignating paragraph (2) as paragraph (3); 

(2) by inserting after paragraph (1) the following new paragraph (2): 

‘‘(2)(A) As directed by the Director of National Intelligence, 

the National Geospatial-Intelligence Agency shall develop a system 

to facilitate the analysis, dissemination, and incorporation of 

likenesses, videos, and presentations produced by ground-based 

platforms, including handheld or clandestine photography taken 

by or on behalf of human intelligence collection organizations or 

available as open-source information, into the National System 

for Geospatial Intelligence. 

‘‘(B) The authority provided by this paragraph does not include 

authority for the National Geospatial-Intelligence Agency to manage 

tasking of handheld or clandestine photography taken by or on 

behalf of human intelligence collection organizations.’’; and 

(3) in paragraph (3), as so redesignated, by striking ‘‘paragraph (1)’’ and inserting ‘‘paragraphs (1) and (2)’’. 

SEC. 433. DIRECTOR OF COMPLIANCE OF THE NATIONAL SECURITY 

AGENCY. 

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

is amended by inserting after the first section the following new 

section: 

‘‘SEC. 2. There is a Director of Compliance of the National 

Security Agency, who shall be appointed by the Director of the 

National Security Agency and who shall be responsible for the 

programs of compliance over mission activities of the National 

Security Agency.’’. 

Subtitle D—Other Elements 

SEC. 441. CODIFICATION OF ADDITIONAL ELEMENTS OF THE INTELLIGENCE COMMUNITY. 

Section 3(4) of the National Security Act of 1947 (50 U.S.C. 

401a(4)) is amended— 
H. R. 2701—80 

(1) in subparagraph (H)— 

(A) by inserting ‘‘the Coast Guard,’’ after ‘‘the Marine 

Corps,’’; and 

(B) by inserting ‘‘the Drug Enforcement Administration,’’ after ‘‘the Federal Bureau of Investigation,’’; and 

(2) in subparagraph (K), by striking ‘‘, including the Office 

of Intelligence of the Coast Guard’’. 

SEC. 442. AUTHORIZATION OF APPROPRIATIONS FOR COAST GUARD 

NATIONAL TACTICAL INTEGRATION OFFICE. 

Title 14, United States Code, is amended— 

(1) in paragraph (4) of section 93(a), by striking ‘‘function’’ 

and inserting ‘‘function, including research, development, test, 

or evaluation related to intelligence systems and capabilities,’’; 

and 

(2) in paragraph (4) of section 662, by inserting ‘‘intelligence 

systems and capabilities or’’ after ‘‘related to’’. 

SEC. 443. RETENTION AND RELOCATION BONUSES FOR THE FEDERAL 

BUREAU OF INVESTIGATION. 

Section 5759 of title 5, United States Code, is amended— 

(1) in subsection (a)(2), by striking ‘‘is transferred to a 

different geographic area with a higher cost of living’’ and 

inserting ‘‘is subject to a mobility agreement and is transferred 

to a position in a different geographical area in which there 

is a shortage of critical skills’’; 

(2) in subsection (b)(2), by striking the period at the end 

and inserting ‘‘, including requirements for a bonus recipient’s 

repayment of a bonus in circumstances determined by the 

Director of the Federal Bureau of Investigation.’’; 

(3) in subsection (c), by striking ‘‘basic pay.’’ and inserting 

‘‘annual rate of basic pay. The bonus may be paid in a lump 

sum or installments linked to completion of periods of service.’’; 

and 

(4) in subsection (d), by striking ‘‘retention bonus’’ and 

inserting ‘‘bonus paid under this section’’. 

SEC. 444. EXTENSION OF THE AUTHORITY OF THE FEDERAL BUREAU 

OF INVESTIGATION TO WAIVE MANDATORY RETIREMENT 

PROVISIONS. 

(a) CIVIL SERVICE RETIREMENT SYSTEM.—Subsection (b) of section 8335 of title 5, United States Code, is amended— 

(1) in the paragraph (2) enacted by section 112(a)(2) of 

the Department of Justice Appropriations Act, 2005 (title I 

of division B of Public Law 108–447; 118 Stat. 2868), by striking 

‘‘2009’’ and inserting ‘‘2011’’; and 

(2) by striking the paragraph (2) enacted by section 

2005(a)(2) of the Intelligence Reform and Terrorism Prevention 

Act of 2004 (Public Law 108–458; 118 Stat. 3704). 

(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—Subsection (b) 

of section 8425 of title 5, United States Code, is amended— 

(1) in the paragraph (2) enacted by section 112(b)(2) of 

the Department of Justice Appropriations Act, 2005 (title I 

of division B of Public Law 108–447; 118 Stat. 2868), by striking 

‘‘2009’’ and inserting ‘‘2011’’; and 

(2) by striking the paragraph (2) enacted by section 

2005(b)(2) of the Intelligence Reform and Terrorism Prevention 

Act of 2004 (Public Law 108–458; 118 Stat. 3704). 
H. R. 2701—81 

SEC. 445. REPORT AND ASSESSMENTS ON TRANSFORMATION OF THE 

INTELLIGENCE CAPABILITIES OF THE FEDERAL BUREAU 

OF INVESTIGATION. 

(a) REPORT.— 

(1) REQUIREMENT.—Not later than 180 days after the date 

of the enactment of this Act, the Director of the Federal Bureau 

of Investigation, in consultation with the Director of National 

Intelligence, shall submit to the congressional intelligence 

committees, the Committee on the Judiciary of the Senate, 

and the Committee on the Judiciary of the House of Representatives a report describing— 

(A) a long-term vision for the intelligence capabilities 

of the National Security Branch of the Bureau; 

(B) a strategic plan for the National Security Branch; 

and 

(C) the progress made in advancing the capabilities 

of the National Security Branch. 

(2) CONTENT.—The report required by paragraph (1) shall 

include— 

(A) a description of the direction, strategy, and goals 

for improving the intelligence capabilities of the National 

Security Branch; 

(B) a description of the intelligence and national security capabilities of the National Security Branch that will 

be fully functional within the five-year period beginning 

on the date on which the report is submitted; 

(C) a description— 

(i) of the internal reforms that were carried out 

at the National Security Branch during the two-year 

period ending on the date on which the report is submitted; and 

(ii) of the manner in which such reforms have 

advanced the capabilities of the National Security 

Branch; 

(D) an assessment of the effectiveness of the National 

Security Branch in performing tasks that are critical to 

the effective functioning of the National Security Branch 

as an intelligence agency, including— 

(i) human intelligence collection, both within and 

outside the parameters of an existing case file or 

ongoing investigation, in a manner that protects civil 

liberties; 

(ii) intelligence analysis, including the ability of 

the National Security Branch to produce, and provide 

policymakers with, information on national security 

threats to the United States; 

(iii) management, including the ability of the 

National Security Branch to manage and develop 

human capital and implement an organizational structure that supports the objectives and strategies of the 

Branch; 

(iv) integration of the National Security Branch 

into the intelligence community, including an ability 

to robustly share intelligence and effectively communicate and operate with appropriate Federal, State, 

local, and tribal partners; 
H. R. 2701—82 

(v) implementation of an infrastructure that supports the national security and intelligence missions 

of the National Security Branch, including proper 

information technology and facilities; and 

(vi) reformation of the culture of the National Security Branch, including the integration by the Branch 

of intelligence analysts and other professional staff 

into intelligence collection operations and the success 

of the National Security Branch in ensuring that intelligence and threat information drive the operations 

of the Branch; 

(E) performance metrics and specific annual timetables 

for advancing the performance of the tasks referred to 

in clauses (i) through (vi) of subparagraph (D) and a 

description of the activities being undertaken to ensure 

that the performance of the National Security Branch in 

carrying out such tasks improves; and 

(F) an assessment of the effectiveness of the field office 

supervisory term limit policy of the Federal Bureau of 

Investigation that requires the mandatory reassignment 

of a supervisor of the Bureau after a specific term of 

years. 

(b) ANNUAL ASSESSMENTS.— 

(1) REQUIREMENT FOR ASSESSMENTS.—Not later than 180 

days after the date on which the report required by subsection 

(a)(1) is submitted, and annually thereafter for five years, the 

Director of National Intelligence, in consultation with the 

Director of the Federal Bureau of Investigation, shall submit 

to the congressional intelligence committees, the Committee 

on the Judiciary of the Senate, and the Committee on the 

Judiciary of the House of Representatives an assessment of 

the performance of the National Security Branch in carrying 

out the tasks referred to in clauses (i) through (vi) of subsection 

(a)(2)(D) in comparison to such performance during previous 

years. 

(2) CONSIDERATIONS.—In conducting each assessment 

required by paragraph (1), the Director of National Intelligence— 

(A) shall use the performance metrics and specific 

annual timetables for carrying out such tasks referred to 

in subsection (a)(2)(E); and 

(B) may request the assistance of any expert that the 

Director considers appropriate, including an inspector general of an appropriate department or agency. 

TITLE V—REORGANIZATION OF THE 

DIPLOMATIC TELECOMMUNICATIONS 

SERVICE PROGRAM OFFICE 

SEC. 501. REORGANIZATION OF THE DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM OFFICE. 

(a) REORGANIZATION OF THE DIPLOMATIC TELECOMMUNICATIONS

SERVICE PROGRAM OFFICE.— 

(1) IN GENERAL.—Subtitle B of title III of the Intelligence 

Authorization Act for Fiscal Year 2001 (Public Law 106–567; 
H. R. 2701—83 

22 U.S.C. 7301 et seq.) is amended by striking sections 321, 

322, 323, and 324, and inserting the following new sections: 

‘‘SEC. 321. DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM 

OFFICE. 

‘‘(a) REORGANIZATION.—The Diplomatic Telecommunications 

Service Program Office established pursuant to title V of Public 

Law 102–140 shall be reorganized in accordance with this subtitle. 

‘‘(b) DUTIES.—The duties of the DTS–PO include implementing 

a program for the establishment and maintenance of a DTS Network 

capable of providing multiple levels of service to meet the wideranging needs of all United States Government departments and 

agencies operating from diplomatic and consular facilities outside 

of the United States, including national security needs for secure, 

reliable, and robust communications capabilities. 

‘‘SEC. 322. ESTABLISHMENT OF THE DIPLOMATIC TELECOMMUNICATIONS SERVICE GOVERNANCE BOARD. 

‘‘(a) GOVERNANCE BOARD.— ‘‘(1) ESTABLISHMENT.—There is established the Diplomatic 

Telecommunications Service Governance Board to direct and 

oversee the activities and performance of the DTS–PO. 

‘‘(2) EXECUTIVE AGENT.— ‘‘(A) DESIGNATION.—The Director of the Office of 

Management and Budget shall designate, from among the 

departments and agencies of the United States Government 

that use the DTS Network, a department or agency as 

the DTS–PO Executive Agent. 

‘‘(B) DUTIES.—The Executive Agent designated under 

subparagraph (A) shall— 

‘‘(i) nominate a Director of the DTS–PO for 

approval by the Governance Board in accordance with 

subsection (e); and 

‘‘(ii) perform such other duties as established by 

the Governance Board in the determination of written 

implementing arrangements and other relevant and 

appropriate governance processes and procedures 

under paragraph (3). 

‘‘(3) REQUIREMENT FOR IMPLEMENTING ARRANGEMENTS.— Subject to the requirements of this subtitle, the Governance 

Board shall determine the written implementing arrangements 

and other relevant and appropriate governance processes and 

procedures to manage, oversee, resource, or otherwise administer the DTS–PO. 

‘‘(b) MEMBERSHIP.— ‘‘(1) SELECTION.—The Director of the Office of Management 

and Budget shall designate from among the departments and 

agencies that use the DTS Network— 

‘‘(A) four departments and agencies to each appoint 

one voting member of the Governance Board from the 

personnel of such departments and agencies; and 

‘‘(B) any other departments and agencies that the 

Director considers appropriate to each appoint one nonvoting member of the Governance Board from the personnel 

of such departments and agencies. 

‘‘(2) VOTING AND NONVOTING MEMBERS.—The Governance 

Board shall consist of voting members and nonvoting members 

as follows: 
H. R. 2701—84 

‘‘(A) VOTING MEMBERS.—The voting members shall consist of a Chair, who shall be designated by the Director 

of the Office of Management and Budget, and the four 

members appointed by departments and agencies designated under paragraph (1)(A). 

‘‘(B) NONVOTING MEMBERS.—The nonvoting members 

shall consist of the members appointed by departments 

and agencies designated under paragraph (1)(B) and shall 

act in an advisory capacity. 

‘‘(c) CHAIR DUTIES AND AUTHORITIES.—The Chair of the Governance Board shall— 

‘‘(1) preside over all meetings and deliberations of the 

Governance Board; 

‘‘(2) provide the Secretariat functions of the Governance 

Board; and 

‘‘(3) propose bylaws governing the operation of the Governance Board. 

‘‘(d) QUORUM, DECISIONS, MEETINGS.—A quorum of the Governance Board shall consist of the presence of the Chair and four 

voting members. The decisions of the Governance Board shall 

require a majority of the voting membership. The Chair shall convene a meeting of the Governance Board not less than four times 

each year to carry out the functions of the Governance Board. 

The Chair or any voting member may convene a meeting of the 

Governance Board. 

‘‘(e) GOVERNANCE BOARD DUTIES.—The Governance Board shall 

have the following duties with respect to the DTS–PO: 

‘‘(1) To approve and monitor the plans, services, priorities, 

policies, and pricing methodology of the DTS–PO for bandwidth 

costs and projects carried out at the request of a department 

or agency that uses the DTS Network. 

‘‘(2) To provide to the DTS–PO Executive Agent the recommendation of the Governance Board with respect to the 

approval, disapproval, or modification of each annual budget 

request for the DTS–PO, prior to the submission of any such 

request by the Executive Agent. 

‘‘(3) To review the performance of the DTS–PO against 

plans approved under paragraph (1) and the management 

activities and internal controls of the DTS–PO. 

‘‘(4) To require from the DTS–PO any plans, reports, documents, and records the Governance Board considers necessary 

to perform its oversight responsibilities. 

‘‘(5) To conduct and evaluate independent audits of the 

DTS–PO. 

‘‘(6) To approve or disapprove the nomination of the 

Director of the DTS–PO by the Executive Agent with a majority 

vote of the Governance Board. 

‘‘(7) To recommend to the Executive Agent the replacement 

of the Director of the DTS–PO with a majority vote of the 

Governance Board. 

‘‘(f) NATIONAL SECURITY INTERESTS.—The Governance Board 

shall ensure that those enhancements of, and the provision of 

service for, telecommunication capabilities that involve the national 

security interests of the United States receive the highest 

prioritization. 
H. R. 2701—85 

‘‘SEC. 323. FUNDING OF THE DIPLOMATIC TELECOMMUNICATIONS 

SERVICE. 

‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated such sums as may be necessary for the operations, maintenance, development, enhancement, modernization, 

and investment costs of the DTS Network and the DTS–PO. Funds 

appropriated for allocation to the DTS–PO shall remain available 

to the DTS–PO for a period of two fiscal years. 

‘‘(b) FEES.—The DTS–PO shall charge a department or agency 

that uses the DTS Network for only those bandwidth costs attributable to such department or agency and for specific projects carried 

out at the request of such department or agency, pursuant to 

the pricing methodology for such bandwidth costs and such projects 

approved under section 322(e)(1), for which amounts have not been 

appropriated for allocation to the DTS–PO. The DTS–PO is authorized to directly receive payments from departments or agencies 

that use the DTS Network and to invoice such departments or 

agencies for the fees under this section either in advance of, or 

upon or after, providing the bandwidth or performing such projects. 

Such funds received from such departments or agencies shall remain 

available to the DTS–PO for a period of two fiscal years. 

‘‘SEC. 324. DEFINITIONS. 

‘‘In this subtitle: 

‘‘(1) DTS NETWORK.—The term ‘DTS Network’ means the 

worldwide telecommunications network supporting all United 

States Government agencies and departments operating from 

diplomatic and consular facilities outside of the United States. 

‘‘(2) DTS–PO.—The term ‘DTS–PO’ means the Diplomatic 

Telecommunications Service Program Office. 

‘‘(3) GOVERNANCE BOARD.—The term ‘Governance Board’ 

means the Diplomatic Telecommunications Service Governance 

Board established under section 322(a)(1).’’. 

(2) TABLE OF CONTENTS AMENDMENT.—The table of contents 

in section 1(b) of the Intelligence Authorization Act for Fiscal 

Year 2001 (Public Law 106–567; 114 Stat. 2831) is amended 

by striking the items relating to sections 321, 322, 323, and 

324 and inserting the following new items: 

‘‘Sec. 321. Diplomatic Telecommunications Service Program Office. 

‘‘Sec. 322. Establishment of the Diplomatic Telecommunications Service Governance Board. 

‘‘Sec. 323. Funding of the Diplomatic Telecommunications Service. 

‘‘Sec. 324. Definitions.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) REPEAL OF SUSPENSION OF REORGANIZATION.— 

(A) REPEAL.—The Intelligence Authorization Act for 

Fiscal Year 2002 (Public Law 107–108; 22 U.S.C. 7301 

note) is amended by striking section 311. 

(B) TABLE OF CONTENTS AMENDMENT.—The table of 

contents in section 1 of such Act is amended by striking 

the item relating to section 311. 

(2) REPEAL OF REFORM.— 

(A) REPEAL.—The Admiral James W. Nance and Meg 

Donovan Foreign Relations Authorization Act, Fiscal Years 

2000 and 2001 (as enacted into law by section 1000(a)(7) 

of Public Law 106–113 and contained in appendix G of 
H. R. 2701—86 

that Act; 113 Stat. 1501A–405) is amended by striking 

section 305. 

(B) TABLE OF CONTENTS AMENDMENT.—The table of 

contents in section 2(b) of such Act is amended by striking 

the item related to section 305. 

(3) REPEAL OF REPORTING REQUIREMENTS.—Section 507(b) 

of the National Security Act of 1947 (50 U.S.C. 415b(b)), as 

amended by section 351 of this Act, is further amended— 

(A) by striking paragraph (3); and 

(B) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. 

TITLE VI—FOREIGN INTELLIGENCE 

AND INFORMATION COMMISSION ACT 

SEC. 601. SHORT TITLE. 

This title may be cited as the ‘‘Foreign Intelligence and Information Commission Act’’. 

SEC. 602. DEFINITIONS. 

In this title: 

(1) COMMISSION.—The term ‘‘Commission’’ means the Foreign Intelligence and Information Commission established in 

section 603(a). 

(2) FOREIGN INTELLIGENCE; INTELLIGENCE.—The terms ‘‘foreign intelligence’’ and ‘‘intelligence’’ have the meaning given 

those terms in section 3 of the National Security Act of 1947 

(50 U.S.C. 401a). 

(3) INFORMATION.—The term ‘‘information’’ includes 

information of relevance to the foreign policy of the United 

States collected and conveyed through diplomatic reporting and 

other reporting by personnel of the United States Government 

who are not employed by an element of the intelligence community, including public and open-source information. 

SEC. 603. ESTABLISHMENT AND FUNCTIONS OF THE COMMISSION. 

(a) ESTABLISHMENT.—There is established in the legislative 

branch a Foreign Intelligence and Information Commission. 

(b) PURPOSE.—The purpose of the Commission is to evaluate 

systems and processes at the strategic, interagency level and provide recommendations accordingly, and not to seek to duplicate 

the functions of the Director of National Intelligence. 

(c) FUNCTIONS.—The Commission shall— 

(1) evaluate the current processes or systems for the strategic integration of the intelligence community, including the 

Open Source Center, and other elements of the United States 

Government, including the Department of State, with regard 

to the collection, reporting, and analysis of foreign intelligence 

and information; 

(2) provide recommendations to improve or develop such 

processes or systems to integrate the intelligence community 

with other elements of the United States Government, potentially including the development of an interagency strategy 

that identifies— 

(A) the collection, reporting, and analysis requirements 

of the United States Government; 
H. R. 2701—87 

(B) the elements of the United States Government 

best positioned to meet collection and reporting requirements, with regard to missions, comparative institutional 

advantages, and any other relevant factors; and 

(C) interagency budget and resource allocations necessary to achieve such collection, reporting, and analytical 

requirements; 

(3) evaluate the extent to which current intelligence collection, reporting, and analysis strategies are intended to provide 

global coverage and anticipate future threats, challenges, and 

crises; 

(4) provide recommendations on how to incorporate into 

the interagency strategy the means to anticipate future threats, 

challenges, and crises, including by identifying and supporting 

collection, reporting, and analytical capabilities that are global 

in scope and directed at emerging, long-term, and strategic 

targets; 

(5) provide recommendations on strategies for sustaining 

human and budgetary resources to effect the global collection 

and reporting missions identified in the interagency strategy, 

including the prepositioning of collection and reporting capabilities; 

(6) provide recommendations for developing, clarifying, and, 

if necessary, bolstering current and future collection and 

reporting roles and capabilities of elements of the United States 

Government that are not elements of the intelligence community deployed in foreign countries; 

(7) provide recommendations related to the role of individual country missions in contributing to the interagency 

strategy; 

(8) evaluate the extent to which the establishment of new 

embassies and out-of-embassy posts are able to contribute to 

expanded global coverage and increased collection and reporting 

and provide recommendations related to the establishment of 

new embassies and out-of-embassy posts; 

(9) provide recommendations on executive or legislative 

changes necessary to establish any new executive branch entity 

or to expand the authorities of any existing executive branch 

entity, as needed to improve the strategic integration referred 

to in paragraph (1) and develop and oversee the implementation 

of any interagency strategy; 

(10) provide recommendations on processes for developing 

and presenting to Congress budget requests for each relevant 

element of the United States Government that reflect the allocations identified in the interagency strategy and for congressional oversight of the development and implementation of 

the strategy; and 

(11) provide recommendations on any institutional reforms 

related to the collection and reporting roles of individual elements of the United States Government outside the intelligence 

community, as well as any budgetary, legislative, or other 

changes needed to achieve such reforms. 

SEC. 604. MEMBERS AND STAFF OF THE COMMISSION. 

(a) MEMBERS OF THE COMMISSION.— (1) APPOINTMENT.—The Commission shall be composed of 

10 members as follows: 
H. R. 2701—88 

(A) Two members appointed by the majority leader 

of the Senate. 

(B) Two members appointed by the minority leader 

of the Senate. 

(C) Two members appointed by the Speaker of the 

House of Representatives. 

(D) Two members appointed by the minority leader 

of the House of Representatives. 

(E) One nonvoting member appointed by the Director 

of National Intelligence. 

(F) One nonvoting member appointed by the Secretary 

of State. 

(2) SELECTION.— 

(A) IN GENERAL.—Members of the Commission shall 

be individuals who— 

(i) are not officers or employees of the United 

States Government or any State or local government; 

and 

(ii) have knowledge and experience— 

(I) in foreign information and intelligence 

collection, reporting, and analysis, including clandestine collection and classified analysis (such as 

experience in the intelligence community), diplomatic reporting and analysis, and collection of 

public and open-source information; 

(II) in issues related to the national security 

and foreign policy of the United States gained 

by serving as a senior official of the Department 

of State, a member of the Foreign Service, an 

employee or officer of an appropriate department 

or agency of the United States, or an independent 

organization with expertise in the field of international affairs; or 

(III) with foreign policy decision-making. 

(B) DIVERSITY OF EXPERIENCE.—The individuals 

appointed to the Commission should be selected with a 

view to establishing diversity of experience with regard 

to various geographic regions, functions, and issues. 

(3) CONSULTATION.—The Speaker and the minority leader 

of the House of Representatives, the majority leader and the 

minority leader of the Senate, the Director of National Intelligence, and the Secretary of State shall consult among themselves prior to the appointment of the members of the Commission in order to achieve, to the maximum extent possible, 

fair and equitable representation of various points of view 

with respect to the matters to be considered by the Commission 

in accordance with this title. 

(4) TIME OF APPOINTMENT.—The appointments under subsection (a) shall be made— 

(A) after the date on which funds are first appropriated 

for the Commission pursuant to section 609; and 

(B) not later than 60 days after such date. 

(5) TERM OF APPOINTMENT.—Members shall be appointed 

for the life of the Commission. 

(6) VACANCIES.—Any vacancy of the Commission shall not 

affect the powers of the Commission and shall be filled in 

the manner in which the original appointment was made. 
H. R. 2701—89 

(7) CHAIR.—The voting members of the Commission shall 

designate one of the voting members to serve as the chair 

of the Commission. 

(8) QUORUM.—Five voting members of the Commission 

shall constitute a quorum for purposes of transacting the business of the Commission. 

(9) MEETINGS.—The Commission shall meet at the call 

of the chair and shall meet regularly, not less than once every 

3 months, during the life of the Commission. 

(b) STAFF.— (1) IN GENERAL.—The chair of the Commission may, without regard to the provisions of title 5, United States Code, 

governing appointments in the competitive service and chapter 

51 and subchapter III of chapter 53 of that title relating to 

classification of positions and General Schedule pay rates, 

appoint and terminate an executive director and, in consultation 

with the executive director, appoint and terminate such other 

additional personnel as may be necessary to enable the Commission to perform its duties. In addition to the executive director 

and one full-time support staff for the executive director, there 

shall be additional staff with relevant intelligence and foreign 

policy experience to support the work of the Commission. 

(2) SELECTION OF THE EXECUTIVE DIRECTOR.—The executive 

director shall be selected with the approval of a majority of 

the voting members of the Commission. 

(3) COMPENSATION.— 

(A) EXECUTIVE DIRECTOR.—The executive director shall 

be compensated at the maximum annual rate payable for 

an employee of a standing committee of the Senate under 

section 105(e) of the Legislative Branch Appropriations 

Act, 1968 (2 U.S.C. 61–1(e)), as adjusted by any order 

of the President pro tempore of the Senate. 

(B) STAFF.—The chair of the Commission may fix the 

compensation of other personnel of the Commission without 

regard to chapter 51 and subchapter III of chapter 53 

of title 5, United States Code, relating to classification 

of positions and General Schedule pay rates, except that 

the rate of pay for such personnel may not exceed the 

maximum annual rate payable for an employee of a 

standing committee of the Senate under section 105(e) 

of the Legislative Branch Appropriations Act, 1968 (2 

U.S.C. 61–1(e)), as adjusted by any order of the President 

pro tempore of the Senate. 

(c) EXPERTS AND CONSULTANTS.—The Commission is authorized 

to procure temporary or intermittent services of experts and consultants as necessary to the extent authorized by section 3109 of 

title 5, United States Code, at rates for individuals not to exceed 

the daily equivalent of the maximum annual rate of basic pay 

payable under section 5376 of such title. 

(d) STAFF AND SERVICES OF OTHER AGENCIES OR DEPARTMENTS

OF THE UNITED STATES.—Upon the request of the Commission, 

the head of a department or agency of the United States may 

detail, on a reimbursable or nonreimbursable basis, any of the 

personnel of that department or agency to the Commission to assist 

the Commission in carrying out this title. The detail of any such 

personnel shall be without interruption or loss of civil service or 

Foreign Service status or privilege. 
H. R. 2701—90 

(e) SECURITY CLEARANCE.—The appropriate departments or 

agencies of the United States shall cooperate with the Commission 

in expeditiously providing to the members and staff of the Commission appropriate security clearances to the extent possible pursuant 

to existing procedures and requirements. 

(f) REPORTS UNDER ETHICS IN GOVERNMENT ACT OF 1978.— 

Notwithstanding any other provision of law, for purposes of title 

I of the Ethics in Government Act of 1978 (5 U.S.C. App.), each 

member and staff of the Commission— 

(1) shall be deemed to be an officer or employee of the 

Congress (as defined in section 109(13) of such title); and 

(2) shall file any report required to be filed by such member 

or such staff (including by virtue of the application of paragraph 

(1)) under title I of the Ethics in Government Act of 1978 

(5 U.S.C. App.) with the Secretary of the Senate. 

SEC. 605. POWERS AND DUTIES OF THE COMMISSION. 

(a) HEARINGS AND EVIDENCE.—The Commission may hold such 

hearings, sit and act at such times and places, take such testimony, 

and receive such evidence as the Commission considers advisable 

to carry out this title. 

(b) INFORMATION FROM FEDERAL AGENCIES.—The Commission 

may secure directly from any department or agency of the United 

States such information as the Commission considers necessary 

to carry out this title. Upon request of the chair of the Commission, 

the head of such department or agency shall furnish such information to the Commission, subject to applicable law. 

(c) POSTAL SERVICES.—The Commission may use the United 

States mails in the same manner and under the same conditions 

as a department or agency of the United States. 

(d) ADMINISTRATIVE SUPPORT.—The Administrator of the General Services Administration shall provide to the Commission on 

a reimbursable basis (or, in the discretion of the Administrator, 

on a nonreimbursable basis) such administrative support services 

as the Commission may request to carry out this title. 

(e) ADMINISTRATIVE PROCEDURES.—The Commission may adopt 

such rules and regulations, relating to administrative procedure, 

as may be reasonably necessary to enable the Commission to carry 

out this title. 

(f) TRAVEL.— (1) IN GENERAL.—The members and staff of the Commission 

may, with the approval of the Commission, conduct such travel 

as is necessary to carry out this title. 

(2) EXPENSES.—Members of the Commission shall serve 

without pay but shall be allowed travel expenses, including 

per diem in lieu of subsistence, at rates authorized for 

employees of agencies under subchapter I of chapter 57 of 

title 5, United States Code, while away from their homes or 

regular places of business in the performance of services for 

the Commission. 

(g) GIFTS.—No member or staff of the Commission may receive 

a gift or benefit by reason of the service of such member or staff 

to the Commission. 

SEC. 606. REPORT OF THE COMMISSION. 

(a) IN GENERAL.— 

(1) INTERIM REPORT.—Not later than 300 days after the 

date on which all members of the Commission are appointed 
H. R. 2701—91 

under section 604(a), the Commission shall submit to the 

congressional intelligence committees an interim report setting 

forth the preliminary evaluations and recommendations of the 

Commission described in section 603(c). 

(2) FINAL REPORT.—Not later than 60 days after the date 

of the submission of the report required by paragraph (1), 

the Commission shall submit a final report setting forth the 

final evaluations and recommendations of the Commission 

described in section 603(c) to each of the following: 

(A) The President. 

(B) The Director of National Intelligence. 

(C) The Secretary of State. 

(D) The congressional intelligence committees. 

(E) The Committee on Foreign Relations of the Senate. 

(F) The Committee on Foreign Affairs of the House 

of Representatives. 

(b) INDIVIDUAL OR DISSENTING VIEWS.—Each member of the 

Commission may include that member’s individual or dissenting 

views in a report required by paragraph (1) or (2) of subsection 

(a). 

(c) FORM OF REPORT.—The reports required by paragraphs (1) 

and (2) of subsection (a), including any finding or recommendation 

of such report, shall be submitted in unclassified form, but may 

include a classified annex. 

SEC. 607. TERMINATION. 

(a) IN GENERAL.—The Commission shall terminate on the date 

that is 60 days after the date of the submission of the report 

required by section 606(a)(2). 

(b) TRANSFER OF RECORDS.—Upon the termination of the 

Commission under subsection (a), all records, files, documents, and 

other materials in the possession, custody, or control of the Commission shall be transferred to the Select Committee on Intelligence 

of the Senate and deemed to be records of such Committee. 

SEC. 608. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE 

ACT. 

The Federal Advisory Committee Act (5 U.S.C. App.) shall 

not apply to the Commission. 

SEC. 609. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There is authorized to be appropriated such 

sums as may be necessary to carry out this title. 

(b) AVAILABILITY.—Amounts made available to the Commission 

pursuant to subsection (a) shall remain available until expended. 

TITLE VII—OTHER MATTERS 

SEC. 701. EXTENSION OF NATIONAL COMMISSION FOR THE REVIEW 

OF THE RESEARCH AND DEVELOPMENT PROGRAMS OF 

THE UNITED STATES INTELLIGENCE COMMUNITY. 

(a) EXTENSION.— 

(1) IN GENERAL.—Effective on the date on which funds 

are first appropriated pursuant to subsection (b)(1) and subject 

to paragraph (3), subsection (a) of section 1007 of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 
H. R. 2701—92 

107–306; 50 U.S.C. 401 note) is amended by striking ‘‘September 1, 2004,’’ and inserting ‘‘one year after the date on 

which all members of the Commission are appointed pursuant 

to section 701(a)(3) of the Intelligence Authorization Act for 

Fiscal Year 2010,’’. 

(2) APPLICABILITY OF AMENDMENT.—The amendment made 

by paragraph (1) shall take effect as if included in the enactment of such section 1007. 

(3) COMMISSION MEMBERSHIP.—The membership of the 

National Commission for the Review of the Research and 

Development Programs of the United States Intelligence 

Community established under subsection (a) of section 1002 

of such Act (Public Law 107–306; 50 U.S.C. 401 note) (referred 

to in this section as the ‘‘Commission’’) shall be considered 

vacant and new members shall be appointed in accordance 

with such section 1002, as amended by this section. 

(4) CLARIFICATION OF DUTIES.—Section 1002(i) of such Act 

is amended in the matter preceding paragraph (1) by striking 

‘‘including—’’ and inserting ‘‘including advanced research and 

development programs and activities. Such review shall 

include—’’. 

(b) FUNDING.— 

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

such sums as may be necessary to carry out this section. 

(2) AVAILABILITY.—Amounts made available to the Commission pursuant to paragraph (1) shall remain available until 

expended. 

(3) REPEAL OF EXISTING FUNDING AUTHORITY.—Section 1010 

of the Intelligence Authorization Act for Fiscal Year 2003 

(Public Law 107–306; 50 U.S.C. 401 note) is repealed. 

(c) TECHNICAL AMENDMENTS.— (1) DIRECTOR OF CENTRAL INTELLIGENCE.—The Intelligence 

Authorization Act for Fiscal Year 2003 (Public Law 107–306) 

is amended by striking ‘‘Director of Central Intelligence’’ each 

place it appears and inserting ‘‘Director of National Intelligence’’ in the following provisions: 

(A) Section 1002(h)(2). 

(B) Section 1003(d)(1). 

(C) Section 1006(a)(1). 

(D) Section 1006(b). 

(E) Section 1007(a). 

(F) Section 1008. 

(2) DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE FOR

COMMUNITY MANAGEMENT.—Paragraph (1) of section 1002(b) 

of such Act is amended by striking ‘‘The Deputy Director of 

Central Intelligence for Community Management.’’ and 

inserting ‘‘The Principal Deputy Director of National Intelligence.’’. 

SEC. 702. CLASSIFICATION REVIEW OF EXECUTIVE BRANCH MATERIALS IN THE POSSESSION OF THE CONGRESSIONAL 

INTELLIGENCE COMMITTEES. 

The Director of National Intelligence is authorized to conduct, 

at the request of one of the congressional intelligence committees 

and in accordance with procedures established by that committee, 

a classification review of materials in the possession of that committee that— 
H. R. 2701—93 

(1) are not less than 25 years old; and 

(2) were created, or provided to that committee, by an 

entity in the executive branch. 

TITLE VIII—TECHNICAL AMENDMENTS 

SEC. 801. TECHNICAL AMENDMENTS TO THE FOREIGN INTELLIGENCE 

SURVEILLANCE ACT OF 1978. 

The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

1801 et seq.) is amended— 

(1) in section 101— 

(A) in subsection (a), by moving paragraph (7) two 

ems to the right; and 

(B) by moving subsections (b) through (p) two ems 

to the right; 

(2) in section 103, by redesignating subsection (i) as subsection (h); 

(3) in section 109(a)— 

(A) in paragraph (1), by striking ‘‘section 112.;’’ and 

inserting ‘‘section 112;’’; and 

(B) in paragraph (2), by striking the second period; 

(4) in section 301(1), by striking ‘‘ ‘United States’ ’’ and 

all that follows through ‘‘and ‘State’ ’’ and inserting ‘‘ ‘United 

States’, ‘person’, ‘weapon of mass destruction’, and ‘State’ ’’; 

(5) in section 304(b), by striking ‘‘subsection (a)(3)’’ and 

inserting ‘‘subsection (a)(2)’’; and 

(6) in section 502(a), by striking ‘‘a annual’’ and inserting 

‘‘an annual’’. 

SEC. 802. TECHNICAL AMENDMENTS TO THE CENTRAL INTELLIGENCE 

AGENCY ACT OF 1949. 

The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a 

et seq.) is amended— 

(1) in paragraph (1) of section 5(a), by striking ‘‘authorized 

under paragraphs (2) and (3) of section 102(a), subsections 

(c)(7) and (d) of section 103, subsections (a) and (g) of section 

104, and section 303 of the National Security Act of 1947 

(50 U.S.C. 403(a)(2), (3), 403–3(c)(7), (d), 403–4(a), (g), and 

405)’’ and inserting ‘‘authorized under section 104A of the 

National Security Act of 1947 (50 U.S.C. 403–4a).’’; and 

(2) in section 17(d)(3)(B)— 

(A) in clause (i), by striking ‘‘advise’’ and inserting 

‘‘advice’’; and 

(B) by amending clause (ii) to read as follows: 

‘‘(ii) holds or held the position in the Agency, including 

such a position held on an acting basis, of— 

‘‘(I) Deputy Director; 

‘‘(II) Associate Deputy Director; 

‘‘(III) Director of the National Clandestine Service; 

‘‘(IV) Director of Intelligence; 

‘‘(V) Director of Support; or 

‘‘(VI) Director of Science and Technology.’’. 

SEC. 803. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES 

CODE. 

Section 528(c) of title 10, United States Code, is amended— 
H. R. 2701—94 

(1) in the heading, by striking ‘‘ASSOCIATE DIRECTOR OF

CIA FOR MILITARY AFFAIRS’’ and inserting ‘‘ASSOCIATE

DIRECTOR OF MILITARY AFFAIRS, CIA’’; and 

(2) by striking ‘‘Associate Director of the Central Intelligence Agency for Military Affairs’’ and inserting ‘‘Associate 

Director of Military Affairs, Central Intelligence Agency, or 

any successor position’’. 

SEC. 804. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT 

OF 1947. 

The National Security Act of 1947 (50 U.S.C. 401 et seq.) 

is amended— 

(1) in section 3(4)(L), by striking ‘‘other’’ the second place 

it appears; 

(2) in section 102A— 

(A) in subsection (c)(3)(A), by striking ‘‘annual budgets 

for the Joint Military Intelligence Program and for Tactical 

Intelligence and Related Activities’’ and inserting ‘‘annual 

budget for the Military Intelligence Program or any successor program or programs’’; 

(B) in subsection (d)— 

(i) in paragraph (1)(B), by striking ‘‘Joint Military 

Intelligence Program’’ and inserting ‘‘Military Intelligence Program or any successor program or programs’’; 

(ii) in paragraph (3) in the matter preceding 

subparagraph (A), by striking ‘‘subparagraph (A)’’ and 

inserting ‘‘paragraph (1)(A)’’; and 

(iii) in paragraph (5)— 

(I) in subparagraph (A), by striking ‘‘or personnel’’ in the matter preceding clause (i); and 

(II) in subparagraph (B), by striking ‘‘or agency 

involved’’ in the second sentence and inserting 

‘‘involved or the Director of the Central Intelligence 

Agency (in the case of the Central Intelligence 

Agency)’’; 

(C) in subsection (l)(2)(B), by striking ‘‘section’’ and 

inserting ‘‘paragraph’’; and 

(D) in subsection (n), by inserting ‘‘AND OTHER’’ after 

‘‘ACQUISITION’’; 

(3) in section 103(b), by striking ‘‘, the National Security 

Act of 1947 (50 U.S.C. 401 et seq.),’’; 

(4) in section 104A(g)(1) in the matter preceding subparagraph (A), by striking ‘‘Directorate of Operations’’ and inserting 

‘‘National Clandestine Service’’; 

(5) in section 119(c)(2)(B) (50 U.S.C. 404o(c)(2)(B)), by 

striking ‘‘subsection (h)’’ and inserting ‘‘subsection (i)’’; 

(6) in section 701(b)(1), by striking ‘‘Directorate of Operations’’ and inserting ‘‘National Clandestine Service’’; 

(7) in section 705(e)(2)(D)(i) (50 U.S.C. 432c(e)(2)(D)(i)), by 

striking ‘‘responsible’’ and inserting ‘‘responsive’’; and 

(8) in section 1003(h)(2) in the matter preceding subparagraph (A), by striking ‘‘subsection (i)(2)(B)’’ and inserting ‘‘subsection (g)(2)(B)’’. 
H. R. 2701—95 

SEC. 805. TECHNICAL AMENDMENTS RELATING TO THE MULTIYEAR 

NATIONAL INTELLIGENCE PROGRAM. 

(a) IN GENERAL.—Subsection (a) of section 1403 of the National 

Defense Authorization Act for Fiscal Year 1991 (50 U.S.C. 404b) 

is amended— 

(1) in the heading, by striking ‘‘FOREIGN’’; and 

(2) by striking ‘‘foreign’’ each place it appears. 

(b) RESPONSIBILITY OF DIRECTOR OF NATIONAL INTELLIGENCE.— 

Such section 1403, as amended by subsection (a), is further 

amended— 

(1) in subsections (a) and (c), by striking ‘‘Director of Central Intelligence’’ and inserting ‘‘Director of National Intelligence’’; and 

(2) in subsection (b), by inserting ‘‘of National Intelligence’’ 

after ‘‘Director’’. 

(c) FUTURE-YEARS DEFENSE PROGRAM.—Subsection (c) of such 

section 1403, as amended by subsection (b), is further amended 

by striking ‘‘multiyear defense program submitted pursuant to section 114a of title 10, United States Code’’ and inserting ‘‘futureyears defense program submitted pursuant to section 221 of title 

10, United States Code’’. 

(d) CONFORMING AMENDMENTS.— 

(1) IN GENERAL.—The heading of such section 1403 is 

amended to read as follows: 

‘‘SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PROGRAM.’’. 

(2) TABLE OF CONTENTS AMENDMENT.—The table of contents 

in section 2 of the National Defense Authorization Act for 

Fiscal Year 1991 (Public Law 101–510; 104 Stat. 1485) is 

amended by striking the item relating to section 1403 and 

inserting the following new item: 

‘‘Sec. 1403. Multiyear National Intelligence Program.’’. 

SEC. 806. TECHNICAL AMENDMENTS TO THE INTELLIGENCE REFORM 

AND TERRORISM PREVENTION ACT OF 2004. 

(a) AMENDMENTS TO THE NATIONAL SECURITY INTELLIGENCE

REFORM ACT OF 2004.—The National Security Intelligence Reform 

Act of 2004 (title I of Public Law 108–458; 118 Stat. 3643) is 

amended— 

(1) in subparagraph (B) of section 1016(e)(10) (6 U.S.C. 

485(e)(10)), by striking ‘‘Attorney General’’ the second place 

it appears and inserting ‘‘Department of Justice’’; 

(2) in subsection (e) of section 1071, by striking ‘‘(1)’’; and 

(3) in subsection (b) of section 1072, in the subsection 

heading by inserting ‘‘AGENCY’’ after ‘‘INTELLIGENCE’’. 

(b) OTHER AMENDMENTS TO THE INTELLIGENCE REFORM AND

TERRORISM PREVENTION ACT OF 2004.—The Intelligence Reform 

and Terrorism Prevention Act of 2004 (Public Law 108–458; 118 

Stat. 3638) is amended— 

(1) in section 2001 (28 U.S.C. 532 note)— 

(A) in paragraph (1) of subsection (c)— 

(i) by striking ‘‘shall,’’ and inserting ‘‘shall’’; and 

(ii) by inserting ‘‘of’’ before ‘‘an institutional culture’’; 

(B) in paragraph (2) of subsection (e), by striking ‘‘the 

National Intelligence Director in a manner consistent with 
H. R. 2701—96 

section 112(e)’’ and inserting ‘‘the Director of National Intelligence in a manner consistent with applicable law’’; and 

(C) in subsection (f), by striking ‘‘shall,’’ in the matter 

preceding paragraph (1) and inserting ‘‘shall’’; and 

(2) in section 2006 (28 U.S.C. 509 note)— 

(A) in paragraph (2), by striking ‘‘the Federal’’ and 

inserting ‘‘Federal’’; and 

(B) in paragraph (3), by striking ‘‘the specific’’ and 

inserting ‘‘specific’’. 

SEC. 807. TECHNICAL AMENDMENTS TO THE EXECUTIVE SCHEDULE. 

(a) EXECUTIVE SCHEDULE LEVEL II.—Section 5313 of title 5, 

United States Code, is amended by striking the item relating to 

the Director of Central Intelligence and inserting the following 

new item: 

‘‘Director of the Central Intelligence Agency.’’. 

(b) EXECUTIVE SCHEDULE LEVEL IV.—Section 5315 of title 5, 

United States Code, is amended by striking the item relating to 

the General Counsel of the Office of the National Intelligence 

Director and inserting the following new item: 

‘‘General Counsel of the Office of the Director of National 

Intelligence.’’. 

SEC. 808. TECHNICAL AMENDMENTS TO SECTION 105 OF THE INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2004. 

Section 105(b) of the Intelligence Authorization Act for Fiscal 

Year 2004 (Public Law 108–177; 117 Stat. 2603; 31 U.S.C. 311 

note) is amended— 

(1) by striking ‘‘Director of Central Intelligence’’ and 

inserting ‘‘Director of National Intelligence’’; and 

(2) by inserting ‘‘or in section 313 of such title,’’ after 

‘‘subsection (a)),’’. 

SEC. 809. TECHNICAL AMENDMENTS TO SECTION 602 OF THE INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1995. 

Section 602 of the Intelligence Authorization Act for Fiscal 

Year 1995 (50 U.S.C. 403–2b) is amended— 

(1) in subsection (a), in paragraph (2), by striking ‘‘Director 

of Central Intelligence’’ and inserting ‘‘Director of National 

Intelligence’’; and 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘Director of Central 

Intelligence’’ and inserting ‘‘Director of National Intelligence’’; 

(B) in paragraph (2)— 

(i) in subparagraph (A), by striking ‘‘Director of 

Central Intelligence’’ and inserting ‘‘Director of 

National Intelligence’’; and 

(ii) in subparagraph (B), by striking ‘‘Director of 

Central Intelligence’’ and inserting ‘‘Director of 

National Intelligence’’; and 

(C) in paragraph (3), by striking ‘‘Director of Central 

Intelligence’’ and inserting ‘‘Director of the Central Intelligence Agency’’. 
H. R. 2701—97 

SEC. 810. TECHNICAL AMENDMENTS TO SECTION 403 OF THE INTELLIGENCE AUTHORIZATION ACT, FISCAL YEAR 1992. 

(a) ROLE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.—Section 403 of the Intelligence Authorization Act, Fiscal Year 1992 

(50 U.S.C. 403–2) is amended by striking ‘‘The Director of Central 

Intelligence’’ and inserting the following: 

‘‘(a) IN GENERAL.—The Director of National Intelligence’’. 

(b) DEFINITION OF INTELLIGENCE COMMUNITY.—Section 403 of 

the Intelligence Authorization Act, Fiscal Year 1992, as amended 

by subsection (a), is further amended— 

(1) by striking ‘‘Intelligence Community’’ and inserting 

‘‘intelligence community’’; and 

(2) by striking the second sentence and inserting the following: 

‘‘(b) INTELLIGENCE COMMUNITY DEFINED.—In this section, the 

term ‘intelligence community’ has the meaning given that term 

in section 3(4) of the National Security Act of 1947 (50 U.S.C. 

401a(4)).’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.