II 

111TH CONGRESS 

2D SESSION H. R. 2701 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 24, 2010 

Received 

AN ACT 

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

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

and Disability System, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—BUDGET AND PERSONNEL AUTHORIZATIONS 

Sec. 101. Authorization of appropriations. 

Sec. 102. Classified Schedule of Authorizations. 

Sec. 103. Personnel ceiling adjustments. 

Sec. 104. Intelligence Community Management Account. 

Sec. 105. Prohibition on earmarks. 

Sec. 106. Restriction on conduct of intelligence activities. 

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 

DISABILITY SYSTEM 

Sec. 201. Authorization of appropriations. 

TITLE III—GENERAL INTELLIGENCE COMMUNITY MATTERS 

Subtitle A—Personnel Matters 

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

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

and Senate confirmed positions in the Office of the Director of 

National Intelligence. 

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

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

Sec. 305. Conflict of interest regulations and prohibition on certain outside employment for intelligence community employees. 

Subtitle B—Education 

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

Program. 

Sec. 312. Intelligence officer training program. 

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

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

Subtitle C—Congressional Oversight of Covert Actions 

Sec. 321. Reporting on covert actions. 

Subtitle D—Reports and Other Congressional Oversight 

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


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

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

North Korea. 

Sec. 334. Report on foreign language proficiency in the intelligence community. 

Sec. 335. Government Accountability Office audits and investigations. 

Sec. 336. Certification of compliance with oversight requirements. 

Sec. 337. Reports on foreign industrial espionage. 

Sec. 338. Report on intelligence community contractors. 

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

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

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

Sec. 342. Report on nuclear trafficking. 

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

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

community. 

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

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

community. 

Sec. 347. Report on global supply chain vulnerabilities. 

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

Storm veterans. 

Sec. 349. Federal Bureau of Investigation field office supervisory term limit 

policy. 

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

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

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

Naval Station, Guantanamo Bay, Cuba. 

Sec. 352. Report on interrogation research and training. 

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

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

Sec. 355. Public release of information on procedures used in narcotics 

airbridge denial program in Peru. 

Sec. 356. Cybersecurity oversight. 

Sec. 357. Reiteration of requirement to submit report on terrorism financing. 

Sec. 358. Report on questioning and detention of suspected terrorists. 

Sec. 359. Report on dissemination of counterterrorism information to local law 

enforcement agencies. 

Sec. 360. Report on intelligence capabilities of State and local law enforcement 

agencies. 

Sec. 360A. Inspector General report on over-classification. 

Sec. 360B. Report on threat from dirty bombs. 

Sec. 360C. Report on activities of the intelligence community in Argentina. 

Sec. 360D. Report on National Security Agency strategy to protect Department 

of Defense networks. 

Sec. 360E. Report on creation of space intelligence office. 

Sec. 360F. Plan to secure networks of the intelligence community. 

Sec. 360G. Report on missile arsenal of Iran. 

Sec. 360H. Study on best practices of foreign governments in combating violent 

domestic extremism. 

Sec. 360I. Report on information sharing practices of joint terrorism task 

force. 


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Sec. 360J. Report on technology to enable information sharing. 

Sec. 360K. Report on threats to energy security of the United States. 

Sec. 360L. Report on attempt to detonate explosive device on Northwest Airlines flight 253. 

Sec. 360M. Repeal of certain reporting requirements. 

Sec. 360N. Incorporation of reporting requirements. 

Sec. 360O. Conforming amendments. 

Subtitle E—Other Matters 

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

Sec. 362. Protection of certain national security information. 

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

Sec. 364. Exemption of dissemination of terrorist identity information from 

Freedom of Information Act. 

Sec. 365. Misuse of the intelligence community and Office of the Director of 

National Intelligence name, initials, or seal. 

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

Sec. 367. Limitation on use of funds for the transfer or release of individuals 

detained at United States Naval Station, Guantanamo Bay, 

Cuba. 

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

Sec. 369. Sense of Congress on monitoring of northern border of the United 

States. 

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE 

INTELLIGENCE COMMUNITY 

Subtitle A—Office of the Director of National Intelligence 

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

of National Intelligence. 

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

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

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

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

Sec. 406. Inspector General of the Intelligence Community. 

Sec. 407. Director of National Intelligence support for reviews of International 

Traffic in Arms Regulations and Export Administration Regulations. 

Subtitle B—Central Intelligence Agency 

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

Intelligence Agency. 

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

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

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

Sec. 415. Protection against reprisals. 

Sec. 416. Requirement for video recording of interrogations of persons in the 

custody of the Central Intelligence Agency. 


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Subtitle C—Other Elements 

Sec. 421. Homeland Security intelligence elements. 

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

element of the intelligence community. 

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

Counterintelligence Executive. 

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

intelligence community. 

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

and Training. 

Sec. 426. Charter for the National Reconnaissance Office. 

TITLE V—OTHER MATTERS 

Subtitle A—General Intelligence Matters 

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

and Development Programs of the United States Intelligence 

Community. 

Sec. 502. Classification review of executive branch materials in the possession 

of the congressional intelligence committees. 

Sec. 503. Prohibition on use of funds to provide Miranda warnings to certain 

persons outside of the United States. 

Sec. 504. Sense of Congress honoring the contributions of the Central Intelligence Agency. 

Sec. 505. Review of intelligence to determine if foreign connection to anthrax 

attacks exists. 

Sec. 505. Cybersecurity task force. 

Subtitle B—Technical Amendments 

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

1949. 

Sec. 512. Technical amendment to mandatory retirement provision of Central 

Intelligence Agency Retirement Act. 

Sec. 513. Technical amendments to the Executive Schedule. 

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

1978. 

Sec. 515. Technical amendments to section 105 of the Intelligence Authorization Act for Fiscal Year 2004. 

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

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

Program. 

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

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

1 SEC. 2. DEFINITIONS. 

2 In this Act: 


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1 (1) CONGRESSIONAL INTELLIGENCE COMMIT2 TEES.—The term ‘‘congressional intelligence com3 mittees’’ means— 

4 (A) the Permanent Select Committee on 

5 Intelligence of the House of Representatives; 

6 and 

7 (B) the Select Committee on Intelligence 

8 of the Senate. 

9 (2) INTELLIGENCE COMMUNITY.—The term 

10 ‘‘intelligence community’’ has the meaning given 

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

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

13 TITLE I—BUDGET AND 

14 PERSONNEL AUTHORIZATIONS 

15 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

16 Funds are hereby authorized to be appropriated for 

17 fiscal year 2010 for the conduct of the intelligence and 

18 intelligence-related activities of the following elements of 

19 the United States Government: 

20 (1) The Office of the Director of National Intel21 ligence. 

22 (2) The Central Intelligence Agency. 

23 (3) The Department of Defense. 

24 (4) The Defense Intelligence Agency. 

25 (5) The National Security Agency. 


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1 (6) The Department of the Army, the Depart2 ment of the Navy, and the Department of the Air 

3 Force. 

4 (7) The Coast Guard. 

5 (8) The Department of State. 

6 (9) The Department of the Treasury. 

7 (10) The Department of Energy. 

8 (11) The Department of Justice. 

9 (12) The Federal Bureau of Investigation. 

10 (13) The Drug Enforcement Administration. 

11 (14) The National Reconnaissance Office. 

12 (15) The National Geospatial-Intelligence Agen13 cy. 

14 (16) The Department of Homeland Security. 

15 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

16 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

17 LEVELS.—The amounts authorized to be appropriated 

18 under section 101 and, subject to section 103, the author19 ized personnel ceilings as of September 30, 2010, for the 

20 conduct of the intelligence activities of the elements listed 

21 in paragraphs (1) through (16) of section 101, are those 

22 specified in the classified Schedule of Authorizations pre23 pared to accompany the bill H.R. 2701 of the One Hun24 dred Eleventh Congress. 


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1 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU2 THORIZATIONS.—The classified Schedule of Authoriza3 tions referred to in subsection (a) shall be made available 

4 to the Committee on Appropriations of the Senate, the 

5 Committee on Appropriations of the House of Representa6 tives, and to the President. The President shall provide 

7 for suitable distribution of the Schedule, or of appropriate 

8 portions of the Schedule, within the executive branch. 

9 SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 

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

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

12 the Director of National Intelligence may authorize em13 ployment of civilian personnel in excess of the number au14 thorized for fiscal year 2010 by the classified Schedule of 

15 Authorizations referred to in section 102(a) if the Director 

16 of National Intelligence determines that such action is 

17 necessary to the performance of important intelligence 

18 functions, except that the number of personnel employed 

19 in excess of the number authorized under such section may 

20 not, for any element of the intelligence community, exceed 

21 3 percent of the number of civilian personnel authorized 

22 under such Schedule for such element. 

23 (b) NOTICE TO CONGRESSIONAL INTELLIGENCE

24 COMMITTEES.—The Director of National Intelligence 

25 shall notify the congressional intelligence committees in 


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1 writing at least 15 days prior to each exercise of an au2 thority described in subsection (a). 

3 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC4 COUNT. 

5 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated for the Intelligence Commu7 nity Management Account of the Director of National In8 telligence for fiscal year 2010 the sum of $643,252,000. 

9 Within such amount, funds identified in the classified 

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

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

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

15 Account of the Director of National Intelligence are au16 thorized 853 full-time or full-time equivalent personnel as 

17 of September 30, 2010. Personnel serving in such ele18 ments may be permanent employees of the Office of the 

19 Director of National Intelligence or personnel detailed 

20 from other elements of the United States Government. 

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

23 under section 103 are also available to the Director for 

24 the adjustment of personnel levels within the Intelligence 

25 Community Management Account. 


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1 (d) CLASSIFIED AUTHORIZATIONS.— 

2 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

3 addition to amounts authorized to be appropriated 

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

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

8 as are specified in the classified Schedule of Author9 izations referred to in section 102(a). Such addi10 tional amounts for advanced research and develop11 ment shall remain available until September 30, 

12 2011. 

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

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

17 authorized such additional personnel for the Com18 munity Management Account as of that date as are 

19 specified in the classified Schedule of Authorizations 

20 referred to in section 102(a). 

21 SEC. 105. PROHIBITION ON EARMARKS. 

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

23 of Authorizations, a report of the Permanent Select Com24 mittee on Intelligence of the House of Representatives or 

25 the Select Committee on Intelligence of the Senate to acVerDate Mar 15 2010 01:08 Sep 28, 2010 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2701.RDS H2701

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1 company the bill H.R. 2701 of the One Hundred Eleventh 

2 Congress, a joint statement of the managers accom3 panying a conference report on such bill, or the classified 

4 annex to this Act, shall be construed to authorize or re5 quire the expenditure of funds for a congressional ear6 mark. 

7 (b) CONGRESSIONAL EARMARK DEFINED.—In this 

8 section, the term ‘‘congressional earmark’’ means a provi9 sion or report language included primarily at the request 

10 of a Member, Delegate, or Resident Commissioner of the 

11 House of Representatives or a Senator providing, author12 izing, or recommending a specific amount of discretionary 

13 budget authority, credit authority, or other spending au14 thority for a contract, loan, loan guarantee, grant, loan 

15 authority, or other expenditure with or to an entity, or 

16 targeted to a specific State, locality, or congressional dis17 trict, other than through a statutory or administrative for18 mula-driven or competitive award process. 

19 SEC. 106. RESTRICTION ON CONDUCT OF INTELLIGENCE 

20 ACTIVITIES. 

21 The authorization of appropriations by this Act shall 

22 not be deemed to constitute authority for the conduct of 

23 any intelligence activity which is not otherwise authorized 

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


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

5 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

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

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

9 TITLE III—GENERAL INTEL10 LIGENCE COMMUNITY MAT11 TERS 

12 Subtitle A—Personnel Matters 

13 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND 

14 BENEFITS AUTHORIZED BY LAW. 

15 Appropriations authorized by this Act for salary, pay, 

16 retirement, and other benefits for Federal employees may 

17 be increased by such additional or supplemental amounts 

18 as may be necessary for increases in such compensation 

19 or benefits authorized by law. 


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1 SEC. 302. TEMPORARY APPOINTMENT TO FILL VACANCIES 

2 IN PRESIDENTIALLY APPOINTED AND SEN3 ATE CONFIRMED POSITIONS IN THE OFFICE 

4 OF THE DIRECTOR OF NATIONAL INTEL5 LIGENCE. 

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

7 U.S.C. 403–3) is amended by— 

8 (1) redesignating subsection (e) as subsection 

9 (f); and 

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

11 new subsection: 

12 ‘‘(e) TEMPORARY APPOINTMENT TO FILL VACAN13 CIES.—Notwithstanding section 3345 of title 5, United 

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

15 National Intelligence, other than the Director of National 

16 Intelligence, whose appointment to office is required to be 

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

18 of the Senate, dies, resigns, or is unable to perform the 

19 functions and duties of the office— 

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

21 preceding the date of death, resignation, or begin22 ning of inability to serve of the applicable officer, the 

23 person serving as the first assistant to the office of 

24 such officer served as such first assistant for not 

25 less than 90 days, such first assistant shall perform 

26 the functions and duties of the office temporarily in 


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1 an acting capacity subject to the time limitations of 

2 section 3346 of title 5, United States Code; 

3 ‘‘(2) notwithstanding paragraph (1), the Presi4 dent may direct a person who serves in an office for 

5 which appointment is required to be made by the 

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

7 Senate, to perform the functions and duties of the 

8 vacant office temporarily in an acting capacity sub9 ject to the time limitations of such section 3346; or 

10 ‘‘(3) notwithstanding paragraph (1), the Direc11 tor of National Intelligence shall recommend to the 

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

13 perform the functions and duties of the vacant office 

14 temporarily in an acting capacity subject to the time 

15 limitations of such section 3346, if— 

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

17 the date of death, resignation, or beginning of 

18 inability to serve of the applicable officer, such 

19 person served in a position in an element of the 

20 intelligence community for not less than 90 

21 days; 

22 ‘‘(B) the rate of pay for the position de23 scribed under subparagraph (A) is equal to or 

24 greater than the minimum rate of pay payable 


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1 for a position at GS–15 of the General Sched2 ule; and 

3 ‘‘(C) in the case of a person who is em4 ployed by an element of the intelligence commu5 nity— 

6 ‘‘(i) the Director of National Intel7 ligence shall consult with the head of such 

8 element; and 

9 ‘‘(ii) if the head of such element ob10 jects to the recommendation, the Director 

11 of National Intelligence may make the rec12 ommendation to the President over the ob13 jection of the head of such element after 

14 informing the President of such objec15 tion.’’. 

16 SEC. 303. ENHANCED FLEXIBILITY IN NONREIMBURSABLE 

17 DETAILS TO ELEMENTS OF THE INTEL18 LIGENCE COMMUNITY. 

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

20 Act of 1947 (50 U.S.C. 402 et seq.) is amended by insert21 ing after section 113 the following new section: 

22 ‘‘DETAIL OF OTHER PERSONNEL

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

24 of the Counterintelligence Enhancement Act of 2002 (50 

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1 ployee of the United States or member of the Armed 

2 Forces may be detailed to an element of the intelligence 

3 community funded through the Community Management 

4 Account from another element of the United States Gov5 ernment on a reimbursable or nonreimbursable basis, as 

6 jointly agreed to by the Director of National Intelligence 

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

8 to exceed 2 years.’’. 

9 (b) CONFORMING AMENDMENT.—The table of con10 tents in the first section of such Act (50 U.S.C. 401 note) 

11 is amended by inserting after the item relating to section 

12 113 the following new item: 

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

13 SEC. 304. PROVISIONS RELATING TO THE DEFENSE CIVIL14 IAN INTELLIGENCE PERSONNEL SYSTEM. 

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

16 (1) the term ‘‘covered position’’ means a de17 fense intelligence position in the Department of De18 fense established under chapter 83 of title 10, 

19 United States Code, excluding an Intelligence Senior 

20 Level position designated under section 1607 of such 

21 title and any position in the Defense Intelligence 

22 Senior Executive Service; 

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

24 with respect to a covered position, means the provi25 sions of the Defense Civilian Intelligence Personnel 


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1 System under which the rate of salary or basic pay 

2 for such position is determined, excluding any provi3 sions relating to bonuses, awards, or any other 

4 amounts not in the nature of salary or basic pay; 

5 (3) the term ‘‘Defense Civilian Intelligence Per6 sonnel System’’ means the personnel system estab7 lished under chapter 83 of title 10, United States 

8 Code; and 

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

10 with respect to a covered position, means— 

11 (A) the system under which, as of Sep12 tember 30, 2007, the rate of salary or basic pay 

13 for such position was determined; or 

14 (B) if subparagraph (A) does not apply, 

15 the system under which, as of September 30, 

16 2007, the rate of salary or basic pay was deter17 mined for the positions within the Department 

18 of Defense most similar to the position involved, 

19 excluding any provisions relating to bonuses, awards, 

20 or any other amounts which are not in the nature 

21 of salary or basic pay. 

22 (b) REQUIREMENT THAT APPOINTMENTS TO COV23 ERED POSITIONS AFTER JUNE 16, 2009, BE SUBJECT TO

24 THE APPROPRIATE PAY SYSTEM.—Notwithstanding any 

25 other provision of law— 


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1 (1) the DCIPS pay system— 

2 (A) shall not apply to any individual hold3 ing a covered position who is not subject to 

4 such system as of June 16, 2009; and 

5 (B) shall not apply to any covered position 

6 which is not subject to such system as of June 

7 16, 2009; and 

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

9 appointed to a covered position shall accordingly be 

10 subject to the appropriate pay system. 

11 (c) TERMINATION OF DCIPS PAY SYSTEM FOR COV12 ERED POSITIONS AND CONVERSION OF EMPLOYEES

13 HOLDING COVERED POSITIONS TO THE APPROPRIATE

14 PAY SYSTEM.— 

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

16 shall take all actions which may be necessary to pro17 vide, within 12 months after the date of enactment 

18 of this Act, for the termination of the DCIPS pay 

19 system with respect to covered positions and for the 

20 conversion of any employees holding any covered po21 sitions which, as of such date of enactment, remain 

22 subject to the DCIPS pay system, to the appropriate 

23 pay system. No employee shall suffer any loss of or 

24 decrease in pay because of the preceding sentence. 


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

2 the view that the DCIPS pay system should not be 

3 terminated with respect to covered positions, as re4 quired by paragraph (1), the Secretary shall submit 

5 to the President and both Houses of Congress as 

6 soon as practicable, but in no event later than 6 

7 months after the date of the enactment of this Act, 

8 a written report setting forth a statement of the 

9 Secretary’s views and the reasons therefor. Such re10 port shall specifically include— 

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

12 the DCIPS pay system should be continued, 

13 with or without changes, with respect to covered 

14 positions; and 

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

16 DCIPS pay system should be continued with re17 spect to covered positions, with changes— 

18 (i) a detailed description of the pro19 posed changes; and 

20 (ii) a description of any administrative 

21 action or legislation which may be nec22 essary. 

23 The requirements of this paragraph shall be carried 

24 out by the Secretary of Defense in conjunction with 

25 the Director of the Office of Personnel Management. 


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1 (d) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be considered to affect— 

3 (1) the provisions of the Defense Civilian Intel4 ligence Personnel System governing aspects of com5 pensation apart from salary or basic pay; or 

6 (2) the application of such provisions with re7 spect to a covered position or any individual holding 

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

9 SEC. 305. CONFLICT OF INTEREST REGULATIONS AND PRO10 HIBITION ON CERTAIN OUTSIDE EMPLOY11 MENT FOR INTELLIGENCE COMMUNITY EM12 PLOYEES. 

13 (a) CONFLICT OF INTEREST REGULATIONS.—Section 

14 102A of the National Security Act of 1947 (50 U.S.C. 

15 403–1) is amended by adding at the end the following new 

16 subsection: 

17 ‘‘(s) CONFLICT OF INTEREST REGULATIONS.—(1) 

18 The Director of National Intelligence, in consultation with 

19 the Director of the Office of Government Ethics, shall 

20 issue regulations prohibiting an officer or employee of an 

21 element of the intelligence community from engaging in 

22 outside employment if such employment creates a conflict 

23 of interest or appearance thereof. 

24 ‘‘(2) The Director of National Intelligence shall annu25 ally submit to the congressional intelligence committees a 


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1 report describing all outside employment for officers and 

2 employees of elements of the intelligence community that 

3 was authorized by the head of an element of the intel4 ligence community during the preceding calendar year. 

5 Such report shall be submitted each year on the date pro6 vided in section 507.’’. 

7 (b) OUTSIDE EMPLOYMENT.— 

8 (1) PROHIBITION.—Title I of the National Se9 curity Act of 1947 (50 U.S.C. 402 et seq.) is 

10 amended by adding at the end the following new sec11 tion: 

12 ‘‘PROHIBITION ON CERTAIN OUTSIDE EMPLOYMENT OF

13 OFFICERS AND EMPLOYEES OF THE INTELLIGENCE

14 COMMUNITY

15 ‘‘SEC. 120. An officer or employee of an element of 

16 the intelligence community may not personally own or ef17 fectively control an entity that markets or sells for profit 

18 the use of knowledge or skills that such officer or employee 

19 acquires or makes use of while carrying out the official 

20 duties of such officer or employee as an officer or employee 

21 of an element of the intelligence community.’’. 

22 (2) CONFORMING AMENDMENT.—The table of 

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

24 401 note) is further amended by inserting after the 

25 item relating to section 119B the following new 

26 item: 


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‘‘Sec. 120. Prohibition on certain outside employment of officers and employees 

of the intelligence community.’’. 

1 Subtitle B—Education 

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

4 (a) PERMANENT AUTHORIZATION.—Subtitle C of 

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

6 441m et seq.) is amended by adding at the end the fol7 lowing new section: 

8 ‘‘PROGRAM ON RECRUITMENT AND TRAINING OF

9 INTELLIGENCE ANALYSTS

10 ‘‘SEC. 1022. (a) PROGRAM.—(1) The Director of Na11 tional Intelligence shall carry out a program to ensure that 

12 selected students or former students are provided funds 

13 to continue academic training, or are reimbursed for aca14 demic training previously obtained, in areas of specializa15 tion that the Director, in consultation with the other heads 

16 of the elements of the intelligence community, identifies 

17 as areas in which the current capabilities of the intel18 ligence community are deficient or in which future capa19 bilities of the intelligence community are likely to be defi20 cient. 

21 ‘‘(2) A student or former student selected for partici22 pation in the program shall commit to employment with 

23 an element of the intelligence community, following com24 pletion of appropriate academic training, under such 


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1 terms and conditions as the Director considers appro2 priate. 

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

4 Intelligence Scholars Program. 

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

6 subsection (a), the Director shall— 

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

8 academic training of participants as the Director 

9 considers appropriate to ensure that participants are 

10 prepared for employment as intelligence profes11 sionals; and 

12 ‘‘(2) periodically review the areas of specializa13 tion of the elements of the intelligence community to 

14 determine the areas in which such elements are, or 

15 are likely to be, deficient in capabilities. 

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

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

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

19 that a student is pursuing a course of study; 

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

21 student for the completion of such course of study; 

22 ‘‘(3) pay for books and materials that the stu23 dent or former student requires or required to com24 plete such course of study; 


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

2 student for travel requested by an element of the in3 telligence community in relation to such program; or 

4 ‘‘(5) for such other purposes the Director con5 siders appropriate to carry out such program.’’. 

6 (b) CONFORMING AMENDMENTS.— 

7 (1) TABLE OF CONTENTS.—The table of con8 tents in the first section of such Act (50 U.S.C. 401 

9 note), as amended by section 303 of this Act, is fur10 ther amended by inserting after the item relating to 

11 section 1021 the following new item: 

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

12 (2) REPEAL OF PILOT PROGRAM.—Section 318 

13 of the Intelligence Authorization Act for Fiscal Year 

14 2004 (Public Law 108–177; 50 U.S.C. 441g note) 

15 is repealed. 

16 SEC. 312. INTELLIGENCE OFFICER TRAINING PROGRAM. 

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

18 Security Act of 1947 (50 U.S.C. 441m et seq.), as amend19 ed by section 311 of this Act, is further amended by add20 ing at the end the following new section: 

21 ‘‘INTELLIGENCE OFFICER TRAINING PROGRAM

22 ‘‘SEC. 1023. (a) PROGRAMS.—(1) The Director of 

23 National Intelligence may carry out grant programs in ac24 cordance with subsections (b) and (c) to enhance the re25 cruitment and retention of an ethnically and culturally diVerDate Mar 15 2010 01:08 Sep 28, 2010 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H2701.RDS H2701

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1 verse intelligence community workforce with capabilities 

2 critical to the national security interests of the United 

3 States. 

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

5 National Intelligence shall identify the skills necessary to 

6 meet current or emergent needs of the intelligence commu7 nity and the educational disciplines that will provide indi8 viduals with such skills. 

9 ‘‘(b) INSTITUTIONAL GRANT PROGRAM.—(1) The Di10 rector of National Intelligence may provide grants to insti11 tutions of higher education to support the establishment 

12 or continued development of programs of study in edu13 cational disciplines identified under subsection (a)(2). 

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

15 respect to the educational disciplines identified under sub16 section (a)(2), be used for the following purposes: 

17 ‘‘(A) Curriculum or program development. 

18 ‘‘(B) Faculty development. 

19 ‘‘(C) Laboratory equipment or improvements. 

20 ‘‘(D) Faculty research. 

21 ‘‘(c) GRANT PROGRAM FOR HISTORICALLY BLACK

22 COLLEGES AND UNIVERSITIES.—(1) The Director of Na23 tional Intelligence may provide grants to historically black 

24 colleges and universities to provide programs of study in 


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

2 or described in paragraph (2). 

3 ‘‘(2) A grant provided under paragraph (1) may be 

4 used to provide programs of study in the following edu5 cational disciplines: 

6 ‘‘(A) Foreign languages, including Middle East7 ern and South Asian dialects. 

8 ‘‘(B) Computer science. 

9 ‘‘(C) Analytical courses. 

10 ‘‘(D) Cryptography. 

11 ‘‘(E) Study abroad programs. 

12 ‘‘(d) APPLICATION.—An institution of higher edu13 cation seeking a grant under this section shall submit an 

14 application describing the proposed use of the grant at 

15 such time and in such manner as the Director may re16 quire. 

17 ‘‘(e) REPORTS.—An institution of higher education 

18 that receives a grant under this section shall submit to 

19 the Director regular reports regarding the use of such 

20 grant, including— 

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

22 who participate in the course of study funded by 

23 such grant; 

24 ‘‘(2) a description of the results and accom25 plishments related to such course of study; and 


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

2 may require. 

3 ‘‘(f) REGULATIONS.—The Director of National Intel4 ligence shall prescribe such regulations as may be nec5 essary to carry out this section. 

6 ‘‘(g) DEFINITIONS.—In this section: 

7 ‘‘(1) INSTITUTION OF HIGHER EDUCATION.— 

8 The term ‘institution of higher education’ has the 

9 meaning given the term in section 101 of the Higher 

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

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

12 the Director of National Intelligence. 

13 ‘‘(3) ANALYTICAL COURSES.—The term ‘analyt14 ical courses’ mean programs of study involving— 

15 ‘‘(A) analytic methodologies, including ad16 vanced statistical, polling, econometric, mathe17 matical, or geospatial modeling methodologies; 

18 ‘‘(B) analysis of counterterrorism, crime, 

19 and counternarcotics; 

20 ‘‘(C) economic analysis that includes ana21 lyzing and interpreting economic trends and de22 velopments; 

23 ‘‘(D) medical and health analysis, includ24 ing the assessment and analysis of global health 

25 issues, trends, and disease outbreaks; 


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1 ‘‘(E) political analysis, including political, 

2 social, cultural, and historical analysis to inter3 pret foreign political systems and developments; 

4 or 

5 ‘‘(F) psychology, psychiatry, or sociology 

6 courses that assess the psychological and social 

7 factors that influence world events. 

8 ‘‘(4) COMPUTER SCIENCE.—The term ‘com9 puter science’ means a program of study in com10 puter systems, computer science, computer engineer11 ing, or hardware and software analysis, integration, 

12 and maintenance. 

13 ‘‘(5) CRYPTOGRAPHY.—The term ‘cryptog14 raphy’ means a program of study on the conversion 

15 of data into a scrambled code that can be deciphered 

16 and sent across a public or private network, and the 

17 applications of such conversion of data. 

18 ‘‘(6) HISTORICALLY BLACK COLLEGE AND UNI19 VERSITY.—The term ‘historically black college and 

20 university’ means an institution of higher education 

21 that is a part B institution, as such term is defined 

22 in section 322 of the Higher Education Act of 1965 

23 (20 U.S.C. 1061). 


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1 ‘‘(7) STUDY ABROAD PROGRAM.—The term 

2 ‘study abroad program’ means a program of study 

3 that— 

4 ‘‘(A) takes places outside the geographical 

5 boundaries of the United States; 

6 ‘‘(B) focuses on areas of the world that are 

7 critical to the national security interests of the 

8 United States and are generally underrep9 resented in study abroad programs at institu10 tions of higher education, including Africa, 

11 Asia, Central and Eastern Europe, Eurasia, 

12 Latin American, and the Middle East; and 

13 ‘‘(C) is a credit or noncredit program.’’. 

14 (b) REPEAL OF DUPLICATIVE PROVISIONS.— 

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

16 law are repealed: 

17 (A) Section 319 of the Intelligence Author18 ization Act for Fiscal Year 2004 (Public Law 

19 108–177; 50 U.S.C. 403 note). 

20 (B) Section 1003 of the National Security 

21 Act of 1947 (50 U.S.C. 441g–2). 

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

23 National Defense Authorization Act for Fiscal 

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

25 402 note). 


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1 (2) EXISTING AGREEMENTS.—Notwithstanding 

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

3 subsection shall be construed to amend, modify, or 

4 abrogate any agreement, contract, or employment 

5 relationship that was in effect in relation to the pro6 visions repealed under paragraph (1) on the day 

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

8 (c) CONFORMING AMENDMENTS.—The table of con9 tents in the first section of the National Security Act of 

10 1947 (50 U.S.C. 401 note), as amended by section 311 

11 of this Act, is further amended by— 

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

13 and 

14 (2) inserting after the item relating to section 

15 1022 the following new item: 

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

16 SEC. 313. MODIFICATIONS TO THE STOKES EDUCATIONAL 

17 SCHOLARSHIP PROGRAM. 

18 (a) EXPANSION OF PROGRAM TO GRADUATE STU19 DENTS.—Section 16 of the National Security Agency Act 

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

21 (1) in subsection (a)— 

22 (A) by striking ‘‘undergraduate’’ and in23 serting ‘‘undergraduate and graduate’’; and 

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

25 inserting ‘‘a baccalaureate or graduate’’; and 


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1 (2) in subsection (e)(2), by striking ‘‘under2 graduate’’ and inserting ‘‘undergraduate and grad3 uate’’. 

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

5 is amended by striking ‘‘terminated either by’’ and all that 

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

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

8 person; 

9 ‘‘(ii) the person voluntarily; or 

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

11 person to maintain such level of academic 

12 standing in the educational course of training 

13 as the Director of the National Security Agency 

14 specifies in the agreement under this para15 graph; and’’. 

16 (c) AUTHORITY TO WITHHOLD DISCLOSURE OF AF17 FILIATION WITH NSA.—Section 16(e) of the National Se18 curity Agency Act of 1959 (50 U.S.C. 402 note) is amend19 ed by striking ‘‘(1) When an employee’’ and all that fol20 lows through ‘‘(2) Agency efforts’’ and inserting ‘‘Agency 

21 efforts’’. 

22 (d) OTHER ELEMENTS OF THE INTELLIGENCE COM23 MUNITY.— 

24 (1) AUTHORIZATION.—Subtitle C of title X of 

25 the National Security Act of 1947 (50 U.S.C. 441g 


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1 et seq.), as amended by section 312 of this Act, is 

2 further amended by adding at the end the following 

3 new section: 

4 ‘‘STOKES SCHOLARSHIP PROGRAM

5 ‘‘SEC. 1024. The head of an element of the intel6 ligence community may establish an undergraduate and 

7 graduate training program with respect to civilian employ8 ees of such element in the same manner and under the 

9 same conditions as the Secretary of Defense is authorized 

10 to establish such a program under section 16 of the Na11 tional Security Agency Act of 1959 (50 U.S.C. 402 

12 note).’’. 

13 (2) CONFORMING AMENDMENT.—The table of 

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

15 401 note), as amended by section 312 of this Act, 

16 is further amended by inserting after the item relat17 ing to section 1023 the following new item: 

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

18 SEC. 314. PILOT PROGRAM FOR INTENSIVE LANGUAGE IN19 STRUCTION IN AFRICAN LANGUAGES. 

20 (a) ESTABLISHMENT.—The Director of National In21 telligence, in consultation with the National Security Edu22 cation Board established under section 803(a) of the 

23 David L. Boren National Security Education Act of 1991 

24 (50 U.S.C. 1903(a)), may establish a pilot program for 

25 intensive language instruction in African languages. 


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

2 subsection (a) shall provide scholarships for programs that 

3 provide intensive language instruction— 

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

5 languages for which scholarships are not offered 

6 under such Act, as determined by the Director of 

7 National Intelligence; and 

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

9 in which the language is the native language of a 

10 significant portion of the population, as determined 

11 by the Director of National Intelligence. 

12 (c) TERMINATION.—A pilot program established in 

13 accordance with subsection (a) shall terminate on the date 

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

15 is established. 

16 (d) AUTHORIZATION OF APPROPRIATIONS.— 

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

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

19 (2) AVAILABILITY.—Funds authorized to be ap20 propriated under paragraph (1) shall remain avail21 able until the termination of the pilot program in ac22 cordance with subsection (c). 


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1 Subtitle C—Congressional 

2 Oversight of Covert Actions 

3 SEC. 321. REPORTING ON COVERT ACTIONS. 

4 (a) GENERAL CONGRESSIONAL OVERSIGHT.—Sec5 tion 501(a) of the National Security Act of 1947 (50 

6 U.S.C. 413(a)) is amended by adding at the end the fol7 lowing new paragraph: 

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

9 shall provide to the congressional intelligence committees 

10 all information necessary to assess the lawfulness, effec11 tiveness, cost, benefit, intelligence gain, budgetary author12 ity, and risk of an intelligence activity, including— 

13 ‘‘(A) the legal authority under which the intel14 ligence activity is being or was conducted; 

15 ‘‘(B) any specific operational concerns arising 

16 from the intelligence activity, including the risk of 

17 disclosing intelligence sources or methods; 

18 ‘‘(C) the likelihood that the intelligence activity 

19 will exceed the planned or authorized expenditure of 

20 funds or other resources; and 

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

22 will fail.’’. 

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

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

25 and inserting ‘‘such written procedures’’. 


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1 (c) INTELLIGENCE ACTIVITIES.—Section 502(a)(2) 

2 of such Act (50 U.S.C. 413a(a)(2)) is amended by insert3 ing ‘‘(including the legal authority under which the intel4 ligence activity is being or was conducted)’’ after ‘‘con5 cerning intelligence activities’’. 

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

7 U.S.C. 413b) is amended— 

8 (1) in subsection (b)(2), by inserting ‘‘(includ9 ing the legal authority under which the covert action 

10 is being or was conducted)’’ after ‘‘concerning covert 

11 actions’’; 

12 (2) in subsection (c)— 

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

14 writing’’ after ‘‘be reported’’; 

15 (B) in paragraph (2), by striking ‘‘If the 

16 President’’ and inserting ‘‘Subject to paragraph 

17 (5), if the President’’; and 

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

19 paragraph: 

20 ‘‘(5)(A) The President may only limit access to 

21 a finding in accordance with this subsection or a no22 tification in accordance with subsection (d)(1) if the 

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1 tion to meet extraordinary circumstances affecting 

2 vital interests of the United States. 

3 ‘‘(B) Not later than 180 days after a certifi4 cation is submitted in accordance with subparagraph 

5 (A) or this subparagraph, the Director of National 

6 Intelligence shall— 

7 ‘‘(i) provide access to the finding or notifi8 cation that is the subject of such certification to 

9 all members of the congressional intelligence 

10 committees; or 

11 ‘‘(ii) submit to the Members of Congress 

12 specified in paragraph (2) a certification that it 

13 is essential to limit access to such finding or 

14 such notification to meet extraordinary cir15 cumstances affecting vital interests of the 

16 United States.’’; 

17 (3) in subsection (d)— 

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

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

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

21 subparagraph (A) of this paragraph, by insert22 ing ‘‘in writing’’ after ‘‘notified’’; and 

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

24 paragraph: 


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

2 constitute a ‘significant undertaking’ if the activity— 

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

4 ‘‘(B) requires an expansion of existing authori5 ties, including authorities relating to research, devel6 opment, or operations; 

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

8 funds or other resources; 

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

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

11 intelligence sources or methods; or 

12 ‘‘(F) could cause serious damage to the diplo13 matic relations of the United States if such activity 

14 were disclosed without authorization.’’; and 

15 (4) by adding at the end the following new sub16 sections: 

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

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

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

20 Intelligence an objection to any part of such finding or 

21 such notice or to the limiting of access to such finding 

22 or such notice. Not later than seven days after such an 

23 objection is submitted to the Director of National Intel24 ligence, the Director shall report such objection in writing 

25 to the President and such Member of Congress. 


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

2 under subsection (c) or notice provided under subsection 

3 (d)(1) is not made available to all members of a congres4 sional intelligence committee in accordance with sub5 section (c)(2), the President shall provide such members 

6 with general information regarding the finding or notice. 

7 ‘‘(3) The President shall— 

8 ‘‘(A) maintain a record of the Members of Con9 gress to which a finding is reported under subsection 

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

11 the date on which each Member of Congress receives 

12 such finding or notice; and 

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

14 which such finding is reported or such notice is pro15 vided, provide such record to— 

16 ‘‘(i) in the case of a finding reported or no17 tice provided to a Member of the House of Rep18 resentatives, the Permanent Select Committee 

19 on Intelligence of the House of Representatives; 

20 and 

21 ‘‘(ii) in the case of a finding reported or 

22 notice provided to a Member of the Senate, the 

23 Select Committee on Intelligence of the Sen24 ate.’’. 


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1 Subtitle D—Reports and Other 

2 Congressional Oversight 

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

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

6 U.S.C. 404m) is amended— 

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

8 and inserting ‘‘ANNUAL’’; 

9 (2) in subsection (a)— 

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

12 (B) in the matter preceding paragraph 

13 (1)— 

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

15 inserting ‘‘annual basis’’; and 

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

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

18 period’’; 

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

20 (D) by redesignating paragraphs (3) and 

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

22 (3) in subsection (d)— 

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

24 Committee on Armed Services,’’ after ‘‘the 

25 Committee on Appropriations,’’; and 


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

2 Committee on Armed Services,’’ after ‘‘the 

3 Committee on Appropriations,’’. 

4 SEC. 332. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR 

5 THE INTELLIGENCE COMMUNITY. 

6 Title V of the National Security Act of 1947 (50 

7 U.S.C. 413 et seq.) is amended by inserting after section 

8 507 the following new section: 

9 ‘‘ANNUAL PERSONNEL LEVEL ASSESSMENT FOR THE

10 INTELLIGENCE COMMUNITY

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

13 each element of the intelligence community, prepare an 

14 annual personnel level assessment for such element that 

15 assesses the personnel levels of such element for the fiscal 

16 year following the fiscal year in which the assessment is 

17 submitted. 

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

22 of title 31, United States Code. 

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

25 community concerned, the following information: 


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

2 of such element for the upcoming fiscal year. 

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

5 costs of the current fiscal year. 

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

8 costs during the preceding five fiscal years. 

9 ‘‘(4) The number of personnel positions re10 quested for such element for the upcoming fiscal 

11 year. 

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

13 decrease of such number as compared to the number 

14 of personnel positions of such element of the current 

15 fiscal year. 

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

17 decrease of such number as compared to the number 

18 of personnel positions of such element during the 

19 preceding five fiscal years. 

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

21 of contractors to be funded by such element for the 

22 upcoming fiscal year. 

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

24 decrease of such costs of contractors as compared to 

25 the best estimate of the costs of contractors to be 


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1 funded by such element during the current fiscal 

2 year. 

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

4 decrease of such costs of contractors as compared to 

5 the cost of contractors, and the number of contrac6 tors, of such element during the preceding five fiscal 

7 years. 

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

9 personnel and contractor levels. 

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

11 analysts employed or contracted by such element. 

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

13 the subject of an investigation completed by the in14 spector general of such element during the preceding 

15 fiscal year, or are or have been the subject of an in16 vestigation by such inspector general during the cur17 rent fiscal year. 

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

19 Intelligence of whether, based on current and pro20 jected funding, such element will have sufficient— 

21 ‘‘(A) internal infrastructure to support the 

22 requested personnel and contractor levels; 

23 ‘‘(B) training resources to support the re24 quested personnel levels; and 


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1 ‘‘(C) funding to support the administrative 

2 and operational activities of the requested per3 sonnel levels.’’. 

4 SEC. 333. SEMIANNUAL REPORTS ON NUCLEAR WEAPONS 

5 PROGRAMS OF IRAN, SYRIA, AND NORTH 

6 KOREA. 

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

8 Act of 1947 (50 U.S.C. 413 et seq.), as amended by sec9 tion 332, is further amended by adding at the end the 

10 following new section: 

11 ‘‘SEMIANNUAL REPORTS ON THE NUCLEAR WEAPONS

12 PROGRAMS OF IRAN, SYRIA, AND NORTH KOREA

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

14 less frequently than every 180 days, the Director of Na15 tional Intelligence shall submit to the appropriate congres16 sional committees a report on the intentions and capabili17 ties of the Islamic Republic of Iran, the Syrian Arab Re18 public, and the Democratic People’s Republic of Korea, 

19 with regard to the nuclear weapons programs of each such 

20 country. 

21 ‘‘(b) CONTENT.—Each report submitted under sub22 section (a) shall include, with respect to the Islamic Re23 public of Iran, the Syrian Arab Republic, and the Demo24 cratic People’s Republic of Korea— 

25 ‘‘(1) an assessment of nuclear weapons pro26 grams of each country; 


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

2 the intelligence used to prepare the assessment re3 ferred to in paragraph (1) is based, including the 

4 number of such sources and an assessment of the re5 liability of each source; 

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

7 any program gathered or developed since the pre8 vious report was submitted under subsection (a), in9 cluding intelligence collected from both open and 

10 clandestine sources for each country; and 

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

12 in knowledge, or other information that would re13 duce confidence in the assessment referred to in 

14 paragraph (1). 

15 ‘‘(c) NATIONAL INTELLIGENCE ESTIMATE.—The Di16 rector of National Intelligence may submit a National In17 telligence Estimate on the intentions and capabilities of 

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

19 or the Democratic People’s Republic of Korea in lieu of 

20 a report required by subsection (a) for that country. 

21 ‘‘(d) APPROPRIATE CONGRESSIONAL COMMITTEES

22 DEFINED.—In this section, the term ‘appropriate congres23 sional committees’ means— 

24 ‘‘(1) the congressional intelligence committees; 


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

2 Committee on Foreign Affairs of the House of Rep3 resentatives; and 

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

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

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

7 to be submitted under section 509 of the National Security 

8 Act of 1947, as added by subsection (a), shall be sub9 mitted not later than 120 days after the date of the enact10 ment of this Act. 

11 SEC. 334. REPORT ON FOREIGN LANGUAGE PROFICIENCY 

12 IN THE INTELLIGENCE COMMUNITY. 

13 Not later than 1 year after the date of the enactment 

14 of this Act, and annually thereafter for 4 years, the Direc15 tor of National Intelligence shall submit to the congres16 sional intelligence committees and the Committees on 

17 Armed Services of the House of Representatives and the 

18 Senate a report on the proficiency in foreign languages 

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

20 of the intelligence community, including— 

21 (1) the number of positions authorized for such 

22 element that require foreign language proficiency 

23 and the level of proficiency required; 

24 (2) an estimate of the number of such positions 

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1 riod beginning on the date of the submission of the 

2 report; 

3 (3) the number of positions authorized for such 

4 element that require foreign language proficiency 

5 that are filled by— 

6 (A) military personnel; and 

7 (B) civilian personnel; 

8 (4) the number of applicants for positions in 

9 such element in the preceding fiscal year that indi10 cated foreign language proficiency, including the for11 eign language indicated and the proficiency level; 

12 (5) the number of persons hired by such ele13 ment with foreign language proficiency, including 

14 the foreign language and proficiency level; 

15 (6) the number of personnel of such element 

16 currently attending foreign language training, in17 cluding the provider of such training; 

18 (7) a description of the efforts of such element 

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

20 proficient in a foreign language; 

21 (8) an assessment of methods and models for 

22 basic, advanced, and intensive foreign language 

23 training; 

24 (9) for each foreign language and, as appro25 priate, dialect of a foreign language— 


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1 (A) the number of positions of such ele2 ment that require proficiency in the foreign lan3 guage or dialect; 

4 (B) the number of personnel of such ele5 ment that are serving in a position that re6 quires proficiency in the foreign language or 

7 dialect to perform the primary duty of the posi8 tion; 

9 (C) the number of personnel of such ele10 ment that are serving in a position that does 

11 not require proficiency in the foreign language 

12 or dialect to perform the primary duty of the 

13 position; 

14 (D) the number of personnel of such ele15 ment rated at each level of proficiency of the 

16 Interagency Language Roundtable; 

17 (E) whether the number of personnel at 

18 each level of proficiency of the Interagency 

19 Language Roundtable meets the requirements 

20 of such element; 

21 (F) the number of personnel serving or 

22 hired to serve as linguists for such element that 

23 are not qualified as linguists under the stand24 ards of the Interagency Language Roundtable; 


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1 (G) the number of personnel hired to serve 

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

4 (H) the number of personnel serving as 

5 linguists that discontinued serving such element 

6 during the preceding calendar year; 

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

9 United States; and 

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

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

14 as a whole; 

15 (11) an identification of any critical gaps in for16 eign language proficiency with respect to such ele17 ment and recommendations for eliminating such 

18 gaps; 

19 (12) recommendations for eliminating required 

20 reports relating to foreign-language proficiency that 

21 the Director of National Intelligence considers out22 dated or no longer relevant; and 

23 (13) an assessment of the feasibility of employ24 ing foreign nationals lawfully present in the United 

25 States who have previously worked as translators or 


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1 interpreters for the Armed Forces or another de2 partment or agency of the Federal Government in 

3 Iraq or Afghanistan to meet the critical language 

4 needs of such element. 

5 SEC. 335. GOVERNMENT ACCOUNTABILITY OFFICE AUDITS 

6 AND INVESTIGATIONS. 

7 Title V of the National Security Act of 1947 (50 

8 U.S.C. 413 et seq.), as amended by section 334 of this 

9 Act, is further amended by adding at the end the following 

10 new section: 

11 ‘‘GOVERNMENT ACCOUNTABILITY OFFICE ANALYSES, 

12 EVALUATIONS, AND INVESTIGATIONS

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

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

15 ensure that personnel of the Government Accountability 

16 Office designated by the Comptroller General are provided 

17 with access to all information in the possession of an ele18 ment of the intelligence community that the Comptroller 

19 General determines is necessary for such personnel to con20 duct an analysis, evaluation, or investigation of a program 

21 or activity of an element of the intelligence community 

22 that is requested by a committee of Congress with jurisdic23 tion over such program or activity. 

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

25 (B), the Director of National Intelligence may restrict ac26 cess to information referred to in subsection (a) by perVerDate Mar 15 2010 01:08 Sep 28, 2010 Jkt 089200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H2701.RDS H2701

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1 sonnel designated in such subsection if the Director deter2 mines that the restriction is necessary to protect vital na3 tional security interests of the United States. 

4 ‘‘(B) The Director of National Intelligence may not 

5 restrict access under subparagraph (A) solely on the basis 

6 of the level of classification or compartmentation of infor7 mation that the personnel designated in subsection (a) 

8 may seek access to while conducting an analysis, evalua9 tion, or investigation. 

10 ‘‘(2) If the Director exercises the authority under 

11 paragraph (1), the Director shall submit to each com12 mittee of Congress with jurisdiction over the program or 

13 activity that is the subject of the analysis, evaluation, or 

14 investigation for which the Director restricts access to in15 formation under such paragraph an appropriately classi16 fied statement of the reasons for the exercise of such au17 thority within 7 days. 

18 ‘‘(3) The Director shall notify the Comptroller Gen19 eral at the time a statement under paragraph (2) is sub20 mitted, and, to the extent consistent with the protection 

21 of intelligence sources and methods, provide the Comp22 troller General with a copy of such statement. 

23 ‘‘(4) The Comptroller General shall submit to each 

24 committee of Congress to which the Director of National 

25 Intelligence submits a statement under paragraph (2) any 


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1 comments on the statement that the Comptroller General 

2 considers appropriate. 

3 ‘‘(c) CONFIDENTIALITY.—(1) The Comptroller Gen4 eral shall maintain the same level of confidentiality for in5 formation made available for an analysis, evaluation, or 

6 investigation referred to in subsection (a) as is required 

7 of the head of the element of the intelligence community 

8 from which such information is obtained. Officers and em9 ployees of the Government Accountability Office are sub10 ject to the same statutory penalties for unauthorized dis11 closure or use of such information as officers or employees 

12 of the element of the intelligence community that provided 

13 the Comptroller General or officers and employees of the 

14 Government Accountability Office with access to such in15 formation. 

16 ‘‘(2) The Comptroller General shall establish proce17 dures to protect from unauthorized disclosure all classified 

18 and other sensitive information furnished to the Comp19 troller General or any representative of the Comptroller 

20 General for conducting an analysis, evaluation, or inves21 tigation referred to in subsection (a). 

22 ‘‘(3) Before initiating an analysis, evaluation, or in23 vestigation referred to in subsection (a), the Comptroller 

24 General shall provide the Director of National Intelligence 

25 and the head of each relevant element of the intelligence 


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1 community with the name of each officer and employee 

2 of the Government Accountability Office who has obtained 

3 appropriate security clearance and to whom, upon proper 

4 identification, records and information of the element of 

5 the intelligence community shall be made available in con6 ducting such analysis, evaluation, or investigation.’’. 

7 SEC. 336. CERTIFICATION OF COMPLIANCE WITH OVER8 SIGHT REQUIREMENTS. 

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

10 Act of 1947 (50 U.S.C. 413 et seq.), as amended by sec11 tion 335 of this Act, is further amended by adding at the 

12 end the following new section: 

13 ‘‘CERTIFICATION OF COMPLIANCE WITH OVERSIGHT

14 REQUIREMENTS

15 ‘‘SEC. 512. The head of each element of the intel16 ligence community shall semiannually submit to the con17 gressional intelligence committees— 

18 ‘‘(1) a certification that, to the best of the 

19 knowledge of the head of such element— 

20 ‘‘(A) the head of such element of the intel21 ligence community is in full compliance with the 

22 requirements of this title; and 

23 ‘‘(B) any information required to be sub24 mitted by such head of such element under this 

25 Act before the date of the submission of such 

26 certification has been properly submitted; or 


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

2 submit a certification under paragraph (1), a state3 ment— 

4 ‘‘(A) of the reasons such head of such ele5 ment is not able to submit such a certification; 

6 ‘‘(B) describing any information required 

7 to be submitted by such head of such element 

8 under this Act before the date of the submis9 sion of such statement that has not been prop10 erly submitted; and 

11 ‘‘(C) that the head of such element will 

12 submit such information as soon as possible 

13 after the submission of such statement.’’. 

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

15 statement required to be submitted by the head of each 

16 element of the intelligence community under section 512 

17 of the National Security Act of 1947, as added by sub18 section (a) of this section, shall be submitted not later 

19 than 90 days after the date of the enactment of this Act. 

20 SEC. 337. REPORTS ON FOREIGN INDUSTRIAL ESPIONAGE. 

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

22 Authorization Act for Fiscal Year 1995 (50 U.S.C. App. 

23 2170b(b)) is amended— 

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

25 inserting ‘‘BIENNIAL’’; 


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

2 following new paragraph: 

3 ‘‘(1) SUBMISSION TO CONGRESS.—The Presi4 dent shall biennially submit to the congressional in5 telligence committees, the Committees on Armed 

6 Services of the House of Representatives and the 

7 Senate, and congressional leadership a report updat8 ing the information referred to in subsection 

9 (a)(1)(D).’’; 

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

11 (4) by redesignating paragraph (3) as para12 graph (2). 

13 (b) INITIAL REPORT.—The first report required 

14 under section 809(b)(1) of such Act, as amended by sub15 section (a)(2) of this section, shall be submitted not later 

16 than February 1, 2010. 

17 SEC. 338. REPORT ON INTELLIGENCE COMMUNITY CON18 TRACTORS. 

19 (a) REQUIREMENT FOR REPORT.—Not later than 

20 November 1, 2010, the Director of National Intelligence 

21 shall submit to the congressional intelligence committees 

22 and the Committees on Armed Services of the House of 

23 Representatives and the Senate a report describing the use 

24 of personal services contracts across the intelligence com25 munity, the impact of the use of such contracts on the 


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1 intelligence community workforce, plans for conversion of 

2 contractor employment into Federal Government employ3 ment, and the accountability mechanisms that govern the 

4 performance of such personal services contracts. 

5 (b) CONTENT.— 

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

7 subsection (a) shall include— 

8 (A) a description of any relevant regula9 tions or guidance issued by the Director of Na10 tional Intelligence or the head of an element of 

11 the intelligence community relating to minimum 

12 standards required regarding the hiring, train13 ing, security clearance, and assignment of con14 tract personnel and how those standards may 

15 differ from those for Federal Government em16 ployees performing substantially similar func17 tions; 

18 (B) an identification of contracts where the 

19 contractor is performing substantially similar 

20 functions to a Federal Government employee; 

21 (C) an assessment of costs incurred or sav22 ings achieved by awarding contracts for the per23 formance of such functions referred to in sub24 paragraph (B) instead of using full-time emVerDate Mar 15 2010 01:08 Sep 28, 2010 Jkt 089200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H2701.RDS H2701

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1 ployees of the elements of the intelligence com2 munity to perform such functions; 

3 (D) an assessment of the appropriateness 

4 of using contractors to perform the activities 

5 described in paragraph (2); 

6 (E) an estimate of the number of con7 tracts, and the number of personnel working 

8 under such contracts, related to the perform9 ance of activities described in paragraph (2); 

10 (F) a comparison of the compensation of 

11 contract employees and Federal Government 

12 employees performing substantially similar 

13 functions; 

14 (G) an analysis of the attrition of Federal 

15 Government personnel for contractor positions 

16 that provide substantially similar functions; 

17 (H) a description of positions that will be 

18 converted from contractor employment to Fed19 eral Government employment; 

20 (I) an analysis of the oversight and ac21 countability mechanisms applicable to personal 

22 services contracts awarded for intelligence ac23 tivities by each element of the intelligence com24 munity during fiscal years 2008 and 2009; 


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

2 intelligence community for conducting oversight 

3 of contractors to ensure identification and pros4 ecution of criminal violations, financial waste, 

5 fraud, or other abuses committed by contractors 

6 or contract personnel; and 

7 (K) an identification of best practices for 

8 oversight and accountability mechanisms appli9 cable to personal services contracts. 

10 (2) ACTIVITIES.—Activities described in this 

11 paragraph are the following: 

12 (A) Intelligence collection. 

13 (B) Intelligence analysis. 

14 (C) Covert actions, including rendition, de15 tention, and interrogation activities. 

16 SEC. 339. REPORT ON TRANSFORMATION OF THE INTEL17 LIGENCE CAPABILITIES OF THE FEDERAL 

18 BUREAU OF INVESTIGATION. 

19 Not later than 120 days after the date of the enact20 ment of this Act, the Director of the Federal Bureau of 

21 Investigation shall submit to the congressional intelligence 

22 committees and the Committees on the Judiciary of the 

23 House of Representatives and the Senate a report describ24 ing the Director’s long-term vision for transforming the 

25 intelligence capabilities of the Bureau and the progress of 


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1 the internal reforms of the Bureau intended to achieve 

2 that vision. Such report shall include— 

3 (1) the direction, strategy, and goals for trans4 forming the intelligence capabilities of the Bureau; 

5 (2) a description of what the fully functional in6 telligence and national security functions of the Bu7 reau should entail; 

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

9 reforms at the Bureau and whether such reforms 

10 have moved the Bureau towards achieving the goals 

11 of the Director for the intelligence and national se12 curity functions of the Bureau; and 

13 (4) an assessment of how well the Bureau per14 forms tasks that are critical to the effective func15 tioning of the Bureau as an intelligence agency, in16 cluding— 

17 (A) identifying new intelligence targets 

18 within the scope of the national security func19 tions of the Bureau, outside the parameters of 

20 an existing case file or ongoing investigation; 

21 (B) collecting intelligence domestically, in22 cluding collection through human and technical 

23 sources; 

24 (C) recruiting human sources; 


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

2 recruit, and handle human sources; 

3 (E) working collaboratively with other Fed4 eral departments and agencies to jointly collect 

5 intelligence on domestic counterterrorism and 

6 counterintelligence targets; 

7 (F) producing a common intelligence pic8 ture of domestic threats to the national security 

9 of the United States; 

10 (G) producing high quality and timely in11 telligence analysis; 

12 (H) integrating intelligence analysts into 

13 its intelligence collection operations; and 

14 (I) sharing intelligence information with 

15 intelligence community partners. 

16 SEC. 340. REPORT ON INTELLIGENCE RESOURCES DEDI17 CATED TO IRAQ AND AFGHANISTAN. 

18 Not later than 120 days after the date of the enact19 ment of this Act, the Director of National Intelligence and 

20 the Secretary of Defense shall jointly submit to the con21 gressional intelligence committees and the Committees on 

22 Armed Services of the House of Representatives and the 

23 Senate a report on intelligence collection and analysis re24 sources: (1) dedicated to Iraq and Afghanistan during fis25 cal years 2008 and 2009; and (2) planned to be dedicated 


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1 during fiscal year 2010. Such report shall include detailed 

2 information on fiscal, human, technical, and other intel3 ligence collection and analysis resources. 

4 SEC. 341. REPORT ON INTERNATIONAL TRAFFIC IN ARMS 

5 REGULATIONS. 

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

7 Director of National Intelligence shall submit to the con8 gressional intelligence committees, the Committee on For9 eign Affairs of the House of Representatives, and the 

10 Committee on Foreign Relations of the Senate a report 

11 assessing the threat to national security presented by the 

12 efforts of foreign countries to acquire, through espionage, 

13 diversion, or other means, sensitive equipment and tech14 nology, and the degree to which United States export con15 trols (including the International Traffic in Arms Regula16 tions) are adequate to defeat such efforts. 

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

18 submitted in unclassified form, but may include a classi19 fied annex. 

20 (c) INTERNATIONAL TRAFFIC IN ARMS REGULA21 TIONS DEFINED.—The term ‘‘International Traffic in 

22 Arms Regulations’’ means those regulations contained in 

23 parts 120 through 130 of title 22, Code of Federal Regu24 lations (or successor regulations). 


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1 SEC. 342. REPORT ON NUCLEAR TRAFFICKING. 

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

3 Director of National Intelligence shall submit to the con4 gressional intelligence committees, the Committee on 

5 Armed Services and the Committee on Foreign Affairs of 

6 the House of Representatives, and the Committee on 

7 Armed Services and the Committee on Foreign Relations 

8 of the Senate a report on the illicit trade of nuclear and 

9 radiological material and equipment. 

10 (b) CONTENTS.—The report submitted under sub11 section (a) shall include, for a period of time including 

12 at least the preceding 3 years— 

13 (1) details of all known or suspected cases of 

14 the illicit sale, transfer, brokering, or transport of— 

15 (A) nuclear or radiological material; 

16 (B) equipment useful for the production of 

17 nuclear or radiological material; or 

18 (C) nuclear explosive devices; 

19 (2) an assessment of the countries that rep20 resent the greatest risk of nuclear trafficking activi21 ties; and 

22 (3) a discussion of any dissents, caveats, gaps 

23 in knowledge, or other information that would re24 duce confidence in the assessment referred to in 

25 paragraph (2). 


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

2 submitted in classified form, but shall include an unclassi3 fied summary. 

4 SEC. 343. STUDY ON REVOKING PENSIONS OF PERSONS 

5 WHO COMMIT UNAUTHORIZED DISCLOSURES 

6 OF CLASSIFIED INFORMATION. 

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

8 shall conduct a study on the feasibility of revoking the 

9 pensions of personnel of the intelligence community who 

10 commit unauthorized disclosures of classified information, 

11 including whether revoking such pensions is feasible under 

12 existing law or under the administrative authority of the 

13 Director of National Intelligence or any other head of an 

14 element of the intelligence community. 

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

16 of the enactment of this Act, the Director of National In17 telligence shall submit to the congressional intelligence 

18 committees a report containing the results of the study 

19 conducted under subsection (a). 

20 SEC. 344. STUDY ON ELECTRONIC WASTE DESTRUCTION 

21 PRACTICES OF THE INTELLIGENCE COMMU22 NITY. 

23 (a) STUDY.—The Inspector General of the Intel24 ligence Community shall conduct a study on the electronic 


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1 waste destruction practices of the intelligence community. 

2 Such study shall assess— 

3 (1) the security of the electronic waste disposal 

4 practices of the intelligence community, including 

5 the potential for counterintelligence exploitation of 

6 destroyed, discarded, or recycled materials; 

7 (2) the environmental impact of such disposal 

8 practices; and 

9 (3) methods to improve the security and envi10 ronmental impact of such disposal practices, includ11 ing steps to prevent the forensic exploitation of elec12 tronic waste. 

13 (b) REPORT.—Not later than 1 year after the date 

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

15 Intelligence Community shall submit to the congressional 

16 intelligence committees a report containing the results of 

17 the study conducted under subsection (a). 

18 SEC. 345. REPORT ON RETIREMENT BENEFITS FOR 

19 FORMER EMPLOYEES OF AIR AMERICA. 

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

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

22 Intelligence shall submit to Congress a report on the ad23 visability of providing Federal retirement benefits to 

24 United States citizens for the service of such citizens prior 

25 to 1977 as employees of Air America or an associated 


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1 company during a period when Air America or the associ2 ated company was owned or controlled by the United 

3 States Government and operated or managed by the Cen4 tral Intelligence Agency. 

5 (b) REPORT ELEMENTS.—The report required by 

6 subsection (a) shall include the following: 

7 (1) The history of Air America and the associ8 ated companies prior to 1977, including a descrip9 tion of— 

10 (A) the relationship between Air America 

11 and the associated companies and the Central 

12 Intelligence Agency or any other element of the 

13 United States Government; 

14 (B) the workforce of Air America and the 

15 associated companies; 

16 (C) the missions performed by Air Amer17 ica, the associated companies, and their employ18 ees for the United States; and 

19 (D) the casualties suffered by employees of 

20 Air America and the associated companies in 

21 the course of their employment. 

22 (2) A description of— 

23 (A) the retirement benefits contracted for 

24 or promised to the employees of Air America 

25 and the associated companies prior to 1977; 


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1 (B) the contributions made by such em2 ployees for such benefits; 

3 (C) the retirement benefits actually paid 

4 such employees; 

5 (D) the entitlement of such employees to 

6 the payment of future retirement benefits; and 

7 (E) the likelihood that such employees will 

8 receive any future retirement benefits. 

9 (3) An assessment of the difference between— 

10 (A) the retirement benefits that former 

11 employees of Air America and the associated 

12 companies have received or will receive by virtue 

13 of their employment with Air America and the 

14 associated companies; and 

15 (B) the retirement benefits that such em16 ployees would have received or be eligible to re17 ceive if such employment was deemed to be em18 ployment by the United States Government and 

19 their service during such employment was cred20 ited as Federal service for the purpose of Fed21 eral retirement benefits. 

22 (4) Any recommendations regarding the advis23 ability of legislative action to treat such employment 

24 as Federal service for the purpose of Federal retire25 ment benefits in light of the relationship between Air 


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1 America and the associated companies and the 

2 United States Government and the services and sac3 rifices of such employees to and for the United 

4 States. 

5 (5) If legislative action is considered advisable 

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

7 an assessment of its costs. 

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

9 Intelligence Agency, if any, on any matters covered 

10 by the report that the Director of the Central Intel11 ligence Agency considers appropriate. 

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

13 shall be submitted in unclassified form, but may include 

14 a classified annex. 

15 (d) DEFINITIONS.—In this section: 

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

17 means Air America, Incorporated. 

18 (2) ASSOCIATED COMPANY.—The term ‘‘associ19 ated company’’ means any entity associated with, 

20 predecessor to, or subsidiary to Air America, includ21 ing Air Asia Company Limited, CAT Incorporated, 

22 Civil Air Transport Company Limited, and the Pa23 cific Division of Southern Air Transport, during the 

24 period when such an entity was owned and con25 trolled by the United States Government. 


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1 SEC. 346. STUDY ON COLLEGE TUITION PROGRAMS FOR 

2 EMPLOYEES OF THE INTELLIGENCE COMMU3 NITY. 

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

5 shall conduct a study on the feasability of— 

6 (1) providing matching funds for contributions 

7 to college savings programs made by employees of 

8 elements of the intelligence community; and 

9 (2) establishing a program to pay the college 

10 tuition of each child of an employee of an element 

11 of the intelligence community that has died in the 

12 performance of the official duties of such employee. 

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

14 of the enactment of this Act, the Director of National In15 telligence shall submit to Congress a report containing the 

16 results of the study conducted under subsection (a). 

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

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

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

20 section 529 of the Internal Revenue Code of 1986; 

21 (2) a Coverdell education savings account, as 

22 defined in section 530 of the Internal Revenue Code 

23 of 1986; and 

24 (3) any other appropriate program providing 

25 tax incentives for saving funds to pay for college tuiVerDate Mar 15 2010 01:08 Sep 28, 2010 Jkt 089200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H2701.RDS H2701

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1 tion, as determined by the Director of National In2 telligence. 

3 SEC. 347. REPORT ON GLOBAL SUPPLY CHAIN 

4 VULNERABILITIES. 

5 (a) REPORT.—Not later than 1 year after the date 

6 of the enactment of this Act, the Director of National In7 telligence shall submit to Congress a report on the global 

8 supply chain and global provision of services to determine 

9 whether such supply chain and such services pose a risk 

10 to defense and intelligence systems due to components 

11 that may be counterfeit, defective, or deliberately manipu12 lated by a foreign government or a criminal organization 

13 or services that may be managed, controlled, or manipu14 lated by a foreign government or a criminal organization. 

15 (b) REVIEW OF MITIGATION.— 

16 (1) NCIX REVIEW.—The National Counter17 intelligence Executive shall conduct a review of the 

18 adequacy of the mechanisms to identify and mitigate 

19 vulnerabilities in the global supply chain that pose a 

20 risk to defense and intelligence systems due to com21 ponents that may be counterfeit, defective, or delib22 erately manipulated by a foreign government or a 

23 criminal organization or services that may be man24 aged, controlled, or manipulated by a foreign govern25 ment or a criminal organization. Such review shall 


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1 include an examination of the threat posed by State2 controlled and State-invested enterprises and the ex3 tent to which the actions and activities of such en4 terprises may be controlled, coerced, or influenced by 

5 a foreign government. 

6 (2) SUBMISSION.—Not later than 1 year after 

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

8 Counterintelligence Executive shall submit to Con9 gress a report containing the results of the review 

10 conducted under paragraph (1). 

11 SEC. 348. REVIEW OF RECORDS RELATING TO POTENTIAL 

12 HEALTH RISKS AMONG DESERT STORM VET13 ERANS. 

14 (a) REVIEW.—The Director of the Central Intel15 ligence Agency shall conduct a classification review of the 

16 records of the Agency that are relevant to the known or 

17 potential health effects suffered by veterans of Operation 

18 Desert Storm as described in the November 2008, report 

19 by the Department of Veterans Affairs Research Advisory 

20 Committee on Gulf War Veterans Illnesses. 

21 (b) REPORT.—Not later than 1 year after the date 

22 of the enactment of this Act, the Director of the Central 

23 Intelligence Agency shall submit to Congress the results 

24 of the classification review conducted under subsection (a), 


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1 including the total number of records of the Agency that 

2 are relevant. 

3 (c) FORM.—The report required under subsection (b) 

4 shall be submitted in unclassified form, but may include 

5 a classified annex. 

6 SEC. 349. FEDERAL BUREAU OF INVESTIGATION FIELD OF7 FICE SUPERVISORY TERM LIMIT POLICY. 

8 None of the funds authorized to be appropriated by 

9 this Act may be used to implement the field office super10 visory term limit policy of the Federal Bureau of Inves11 tigation requiring the mandatory reassignment of a super12 visor of the Bureau after a specific term of years. 

13 SEC. 350. SUMMARY OF INTELLIGENCE RELATING TO TER14 RORIST RECIDIVISM OF DETAINEES HELD AT 

15 UNITED STATES NAVAL STATION, GUANTA16 NAMO BAY, CUBA. 

17 Not later than 30 days after the date of the enact18 ment of this Act, the Director of National Intelligence, in 

19 consultation with the Director of the Central Intelligence 

20 Agency and the Director of the Defense Intelligence Agen21 cy, shall make publicly available an unclassified summary 

22 of— 

23 (1) intelligence relating to recidivism of detain24 ees currently or formerly held at United States 


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1 Naval Station, Guantanamo Bay, Cuba, by the De2 partment of Defense; and 

3 (2) an assessment of the likelihood that such 

4 detainees will engage in terrorism or communicate 

5 with persons in terrorist organizations. 

6 SEC. 351. SUMMARY OF INTELLIGENCE ON UIGHUR DE7 TAINEES HELD AT UNITED STATES NAVAL 

8 STATION, GUANTANAMO BAY, CUBA. 

9 Not later than 30 days after the date of the enact10 ment of this Act, the Director of National Intelligence, in 

11 consultation with the Director of the Central Intelligence 

12 Agency and the Director of the Defense Intelligence Agen13 cy, shall make publicly available an unclassified summary 

14 of— 

15 (1) intelligence relating to threats posed by 

16 Uighur detainees currently or formerly held at 

17 United States Naval Station, Guantanamo Bay, 

18 Cuba, by the Department of Defense; and 

19 (2) an assessment of the likelihood that such 

20 detainees will engage in terrorism or communicate 

21 with persons in terrorist organizations. 

22 SEC. 352. REPORT ON INTERROGATION RESEARCH AND 

23 TRAINING. 

24 (a) REQUIREMENT FOR REPORT.—Not later than 

25 December 31, 2009, the Director of National Intelligence, 


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1 in coordination with the heads of the relevant elements 

2 of the intelligence community, shall submit to the congres3 sional intelligence committees and the Committees on Ap4 propriations of the House of Representatives and the Sen5 ate a report on the state of research, analysis, and training 

6 in interrogation and debriefing practices. 

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

8 (a) shall include— 

9 (1) an assessment of— 

10 (A) the quality and value of scientific and 

11 technical research in interrogation and debrief12 ing practices that has been conducted independ13 ently or in affiliation with the Federal Govern14 ment and the identification of areas in which 

15 additional research could potentially improve in16 terrogation practices; 

17 (B) the state of interrogation and debrief18 ing training in the intelligence community, in19 cluding the character and adequacy of the eth20 ical component of such training, and the identi21 fication of any gaps in training; 

22 (C) the adequacy of efforts to enhance ca23 reer path options for intelligence community 

24 personnel that serve as interrogators and 


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1 debriefers, including efforts to recruit and re2 tain career personnel; and 

3 (D) the effectiveness of existing processes 

4 for studying and implementing lessons learned 

5 and best practices of interrogation and debrief6 ing; and 

7 (2) any recommendations that the Director con8 siders appropriate for improving the performance of 

9 the intelligence community with respect to the issues 

10 described in subparagraphs (A) through (D) of para11 graph (1). 

12 SEC. 353. REPORT ON PLANS TO INCREASE DIVERSITY 

13 WITHIN THE INTELLIGENCE COMMUNITY. 

14 (a) FINDINGS.—Congress finds the following: 

15 (1) To most effectively carry out the mission of 

16 the intelligence community to collect and analyze in17 telligence, the intelligence community needs per18 sonnel that look and speak like the citizens of the 

19 many nations in which the United States needs to 

20 collect such intelligence. 

21 (2) One of the great strengths of the United 

22 States is the diversity of the people of the United 

23 States, diversity that can positively contribute to the 

24 operational capabilities and effectiveness of the intel25 ligence community. 


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1 (3) In the past, the intelligence community has 

2 not properly focused on hiring a diverse workforce 

3 and the capabilities of the intelligence community 

4 have suffered due to that lack of focus. 

5 (4) The intelligence community must be delib6 erate and work hard to hire a diverse workforce to 

7 improve the operational capabilities and effectiveness 

8 of the intelligence community. 

9 (b) REQUIREMENT FOR REPORT.—Not later than 1 

10 year after the date of the enactment of this Act, the Direc11 tor of National Intelligence, in coordination with the heads 

12 of the elements of the intelligence community, shall submit 

13 to the congressional intelligence committees a report on 

14 the plans of each element to increase diversity within the 

15 intelligence community. 

16 (c) CONTENT.—The report required by subsection (b) 

17 shall include specific implementation plans to increase di18 versity within each element of the intelligence community, 

19 including— 

20 (1) specific implementation plans for each such 

21 element designed to achieve the goals articulated in 

22 the strategic plan of the Director of National Intel23 ligence on equal employment opportunity and diver24 sity; 


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1 (2) specific plans and initiatives for each such 

2 element to increase recruiting and hiring of diverse 

3 candidates; 

4 (3) specific plans and initiatives for each such 

5 element to improve retention of diverse Federal em6 ployees at the junior, midgrade, senior, and manage7 ment levels; 

8 (4) a description of specific diversity awareness 

9 training and education programs for senior officials 

10 and managers of each such element; and 

11 (5) a description of performance metrics to 

12 measure the success of carrying out the plans, initia13 tives, and programs described in paragraphs (1) 

14 through (4). 

15 SEC. 354. REVIEW OF FEDERAL BUREAU OF INVESTIGA16 TION EXERCISE OF ENFORCEMENT JURISDIC17 TION IN FOREIGN NATIONS. 

18 Not later than 60 days after the date of the enact19 ment of this Act, the Director of the Federal Bureau of 

20 Investigation, in consultation with the Secretary of State, 

21 shall submit to the appropriate committees of Congress 

22 a review of constraints under international law and the 

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1 ducted by agents of the Federal Bureau of Investigation 

2 in foreign nations and using funds made available for the 

3 National Intelligence Program, including constraints iden4 tified in section 432 of the Restatement (Third) of the 

5 Foreign Relations Law of the United States. 

6 SEC. 355. PUBLIC RELEASE OF INFORMATION ON PROCE7 DURES USED IN NARCOTICS AIRBRIDGE DE8 NIAL PROGRAM IN PERU. 

9 Not later than 30 days after the date of the enact10 ment of this Act, the Director of the Central Intelligence 

11 Agency shall make publicly available an unclassified 

12 version of the report of the Inspector General of the Cen13 tral Intelligence Agency entitled ‘‘Procedures Used in Nar14 cotics Airbridge Denial Program in Peru, 1995–2001’’, 

15 dated August 25, 2008. 

16 SEC. 356. CYBERSECURITY OVERSIGHT. 

17 (a) NOTIFICATION OF CYBERSECURITY PRO18 GRAMS.— 

19 (1) REQUIREMENT FOR NOTIFICATION.— 

20 (A) EXISTING PROGRAMS.—Not later than 

21 30 days after the date of the enactment of this 

22 Act, the President shall submit to Congress a 

23 notification for each cybersecurity program in 

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1 mentation referred to in subparagraphs (A) 

2 through (E) of paragraph (2). 

3 (B) NEW PROGRAMS.—Not later than 30 

4 days after the date of the commencement of op5 erations of a new cybersecurity program, the 

6 President shall submit to Congress a notifica7 tion of such commencement that includes the 

8 documentation referred to in subparagraphs (A) 

9 through (E) of paragraph (2). 

10 (2) DOCUMENTATION.—A notification required 

11 by paragraph (1) for a cybersecurity program shall 

12 include— 

13 (A) the legal justification for the cyberse14 curity program; 

15 (B) the certification, if any, made pursu16 ant to section 2511(2)(a)(ii)(B) of title 18, 

17 United States Code, or other statutory certifi18 cation of legality for the cybersecurity program; 

19 (C) the concept for the operation of the cy20 bersecurity program that is approved by the 

21 head of the appropriate agency or department; 

22 (D) the assessment, if any, of the privacy 

23 impact of the cybersecurity program prepared 

24 by the privacy or civil liberties protection officer 


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1 or comparable officer of such agency or depart2 ment; and 

3 (E) the plan, if any, for independent audit 

4 or review of the cybersecurity program to be 

5 carried out by the head of the relevant depart6 ment or agency of the United States, in con7 junction with the appropriate inspector general. 

8 (b) PROGRAM REPORTS.— 

9 (1) REQUIREMENT FOR REPORTS.—The head of 

10 a department or agency of the United States with 

11 responsibility for a cybersecurity program for which 

12 a notification was submitted under subsection (a), in 

13 consultation with the inspector general for that de14 partment or agency, shall submit to Congress and 

15 the President, in accordance with the schedule set 

16 out in paragraph (2), a report on such cybersecurity 

17 program that includes— 

18 (A) the results of any audit or review of 

19 the cybersecurity program carried out under the 

20 plan referred to in subsection (a)(2)(E), if any; 

21 and 

22 (B) an assessment of whether the imple23 mentation of the cybersecurity program— 

24 (i) is in compliance with— 


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1 (I) the legal justification referred 

2 to in subsection (a)(2)(A); and 

3 (II) the assessment referred to in 

4 subsection (a)(2)(D), if any; 

5 (ii) is adequately described by the con6 cept of operation referred to in subsection 

7 (a)(2)(C), if any; and 

8 (iii) includes an adequate independent 

9 audit or review system and whether im10 provements to such independent audit or 

11 review system are necessary. 

12 (2) SCHEDULE FOR SUBMISSION OF RE13 PORTS.—The reports required by paragraph (1) 

14 shall be submitted to Congress and the President ac15 cording to the following schedule: 

16 (A) An initial report shall be submitted not 

17 later than 180 days after the date of the enact18 ment of this Act. 

19 (B) A second report shall be submitted not 

20 later than 1 year after the date of the enact21 ment of this Act. 

22 (C) Additional reports shall be submitted 

23 periodically following the submission of the re24 ports referred to in subparagraphs (A) and (B) 

25 as necessary, as determined by the head of the 


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1 relevant department or agency of the United 

2 States in conjunction with the inspector general 

3 of that department or agency. 

4 (3) COOPERATION AND COORDINATION.— 

5 (A) COOPERATION.—The head of each de6 partment or agency of the United States re7 quired to submit a report under paragraph (1) 

8 for a particular cybersecurity program, and the 

9 inspector general of each such department or 

10 agency, shall, to the extent practicable, work in 

11 conjunction with any other such head or inspec12 tor general required to submit such a report for 

13 such cybersecurity program. 

14 (B) COORDINATION.—The heads of all of 

15 the departments and agencies of the United 

16 States required to submit a report under para17 graph (1) for a particular cybersecurity pro18 gram shall designate one such head to coordi19 nate the conduct of the reports on such pro20 gram. 

21 (c) INFORMATION SHARING REPORT.—Not later 

22 than 1 year after the date of the enactment of this Act, 

23 the Inspector General of the Department of Homeland Se24 curity and the Inspector General of the Intelligence Com25 munity shall jointly submit to Congress and the President 


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1 a report on the status of the sharing of cyber threat infor2 mation, including— 

3 (1) a description of how cyber threat intel4 ligence information, including classified information, 

5 is shared among the agencies and departments of 

6 the United States and with persons responsible for 

7 critical infrastructure; 

8 (2) a description of the mechanisms by which 

9 classified cyber threat information is distributed; 

10 (3) an assessment of the effectiveness of such 

11 information sharing and distribution; and 

12 (4) any other matters identified by the Inspec13 tors General that would help to fully inform Con14 gress or the President regarding the effectiveness 

15 and legality of cybersecurity programs. 

16 (d) PERSONNEL DETAILS.— 

17 (1) AUTHORITY TO DETAIL.—Notwithstanding 

18 any other provision of law, the head of an element 

19 of the intelligence community that is funded through 

20 the National Intelligence Program may detail an of21 ficer or employee of such element to the National 

22 Cyber Investigative Joint Task Force or to the De23 partment of Homeland Security to assist the Task 

24 Force or the Department with cybersecurity, as 


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1 jointly agreed by the head of such element and the 

2 Task Force or the Department. 

3 (2) BASIS FOR DETAIL.—A personnel detail 

4 made under paragraph (1) may be made— 

5 (A) for a period of not more than 3 years; 

6 and 

7 (B) on a reimbursable or nonreimbursable 

8 basis. 

9 (e) SUNSET.—The requirements and authorities of 

10 this section shall terminate on December 31, 2012. 

11 (f) DEFINITIONS.—In this section: 

12 (1) CYBERSECURITY PROGRAM.—The term ‘‘cy13 bersecurity program’’ means a class or collection of 

14 similar cybersecurity operations of an agency or de15 partment of the United States that involves person16 ally identifiable data that is— 

17 (A) screened by a cybersecurity system 

18 outside of the agency or department of the 

19 United States that was the intended recipient of 

20 the personally identifiable data; 

21 (B) transferred, for the purpose of cyberse22 curity, outside the agency or department of the 

23 United States that was the intended recipient of 

24 the personally identifiable data; or 


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1 (C) transferred, for the purpose of cyberse2 curity, to an element of the intelligence commu3 nity. 

4 (2) NATIONAL CYBER INVESTIGATIVE JOINT

5 TASK FORCE.—The term ‘‘National Cyber Investiga6 tive Joint Task Force’’ means the multi-agency 

7 cyber investigation coordination organization over8 seen by the Director of the Federal Bureau of Inves9 tigation known as the Nation Cyber Investigative 

10 Joint Task Force that coordinates, integrates, and 

11 provides pertinent information related to cybersecu12 rity investigations. 

13 (3) CRITICAL INFRASTRUCTURE.—The term 

14 ‘‘critical infrastructure’’ has the meaning given that 

15 term in section 1016 of the USA PATRIOT Act (42 

16 U.S.C. 5195c). 

17 SEC. 357. REITERATION OF REQUIREMENT TO SUBMIT RE18 PORT ON TERRORISM FINANCING. 

19 Not later than 180 days after the date of the enact20 ment of this Act, the President, acting through the Sec21 retary of the Treasury, shall submit to Congress the report 

22 required to be submitted under section 6303(a) of the In23 telligence Reform and Terrorism Prevention Act of 2004 

24 (Public Law 108–458; 118 Stat. 3750). 


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1 SEC. 358. REPORT ON QUESTIONING AND DETENTION OF 

2 SUSPECTED TERRORISTS. 

3 Not later than 180 days after the date of the enact4 ment of this Act, the Director of National Intelligence, in 

5 consultation with the Attorney General, shall submit to 

6 Congress a report containing— 

7 (1) a description of the strategy of the Federal 

8 Government for balancing the intelligence collection 

9 needs of the United States with the interest of the 

10 United States in prosecuting terrorist suspects; and 

11 (2) a description of the policy of the Federal 

12 Government with respect to the questioning, deten13 tion, trial, transfer, release, or other disposition of 

14 suspected terrorists. 

15 SEC. 359. REPORT ON DISSEMINATION OF COUNTERTER16 RORISM INFORMATION TO LOCAL LAW EN17 FORCEMENT AGENCIES. 

18 Not later than 180 days after the date of the enact19 ment of this Act, the Director of National Intelligence 

20 shall submit to Congress a report on the dissemination 

21 of critical counterterrorism information from the intel22 ligence community to local law enforcement agencies, in23 cluding recommendations for improving the means of com24 munication of such information to local law enforcement 

25 agencies. 


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1 SEC. 360. REPORT ON INTELLIGENCE CAPABILITIES OF 

2 STATE AND LOCAL LAW ENFORCEMENT 

3 AGENCIES. 

4 Not later than 180 days after the date of the enact5 ment of this Act, the Director of National Intelligence 

6 shall submit to Congress a report on the intelligence capa7 bilities of State and local law enforcement agencies. Such 

8 report shall include— 

9 (1) an assessment of the ability of State and 

10 local law enforcement agencies to analyze and fuse 

11 intelligence community products with locally gath12 ered information; 

13 (2) a description of existing procedures of the 

14 intelligence community to share with State and local 

15 law enforcement agencies the tactics, techniques, 

16 and procedures for intelligence collection, data man17 agement, and analysis learned from global counter18 insurgency and counterterror operations; 

19 (3) a description of current intelligence analysis 

20 training provided by elements of the intelligence 

21 community to State and local law enforcement agen22 cies; 

23 (4) an assessment of the need for a formal in24 telligence training center to teach State and local 

25 law enforcement agencies methods of intelligence col26 lection and analysis; and 


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1 (5) an assessment of the efficiently of co-locat2 ing such an intelligence training center with an ex3 isting intelligence community or military intelligence 

4 training center. 

5 SEC. 360A. INSPECTOR GENERAL REPORT ON OVER-CLASSI6 FICATION. 

7 (a) REPORT.—Not later than 180 days after the date 

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

9 Intelligence Community shall submit to Congress a report 

10 containing an analysis of the problem of over-classification 

11 of intelligence and ways to address such over-classifica12 tion, including an analysis of the importance of protecting 

13 sources and methods while providing law enforcement and 

14 the public with as much access to information as possible. 

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

16 submitted in unclassified form, but may include a classi17 fied annex. 

18 SEC. 360B. REPORT ON THREAT FROM DIRTY BOMBS. 

19 Not later than 180 days after the date of the enact20 ment of this Act, the Director of National Intelligence, in 

21 consultation with the Nuclear Regulatory Commission, 

22 shall submit to Congress a report summarizing intelligence 

23 related to the threat to the United States from weapons 

24 that use radiological materials, including highly dispersible 

25 substances such as cesium–137. 


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1 SEC. 360C. REPORT ON ACTIVITIES OF THE INTELLIGENCE 

2 COMMUNITY IN ARGENTINA. 

3 (a) IN GENERAL.—Not later than 270 days after the 

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

5 Intelligence shall submit to the appropriate congressional 

6 committees a report containing the following: 

7 (1) A description of any information in the pos8 session of the intelligence community with respect to 

9 the following events in the Republic of Argentina: 

10 (A) The accession to power by the military 

11 of the Republic of Argentina in 1976. 

12 (B) Violations of human rights committed 

13 by officers or agents of the Argentine military 

14 and security forces during counterinsurgency or 

15 counterterror operations, including by the State 

16 Intelligence Secretariat (Secretaria de 

17 Inteligencia del Estado), Military Intelligence 

18 Detachment 141 (Destacamento de Inteligencia 

19 Militar 141 in Cordoba), Military Intelligence 

20 Detachment 121 (Destacamento Militar 121 in 

21 Rosario), Army Intelligence Battalion 601, the 

22 Army Reunion Center (Reunion Central del 

23 Ejercito), and the Army First Corps in Buenos 

24 Aires. 

25 (C) Operation Condor and Argentina’s role 

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1 terror operations with Brazil, Bolivia, Chile, 

2 Paraguay, or Uruguay. 

3 (2) Information on abductions, torture, dis4 appearances, and executions by security forces and 

5 other forms of repression, including the fate of Ar6 gentine children born in captivity, that took place at 

7 detention centers, including the following: 

8 (A) The Argentine Navy Mechanical 

9 School (Escuela Mecanica de la Armada). 

10 (B) Automotores Orletti. 

11 (C) Operaciones Tacticas 18. 

12 (D) La Perla. 

13 (E) Campo de Mayo. 

14 (F) Institutos Militares. 

15 (3) An appendix of declassified records reviewed 

16 and used for the report submitted under this sub17 section. 

18 (4) A descriptive index of information referred 

19 to in paragraph (1) or (2) that is classified, includ20 ing the identity of each document that is classified, 

21 the reason for continuing the classification of such 

22 document, and an explanation of how the release of 

23 the document would damage the national security in24 terests of the United States. 


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1 (b) REVIEW OF CLASSIFIED DOCUMENTS.—Not later 

2 than 2 years after the date on which the report required 

3 under subsection (a) is submitted, the Director of National 

4 Intelligence shall review information referred to in para5 graph (1) or (2) of subsection (a) that is classified to de6 termine if any of such information should be declassified. 

7 (c) FORM.—The report required under subsection (a) 

8 shall be submitted in unclassified form, but may include 

9 a classified annex. 

10 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

11 DEFINED.—In this section, the term ‘‘appropriate con12 gressional committees’’ means the Permanent Select Com13 mittee on Intelligence and the Committee on Appropria14 tions of the House of Representatives and the Select Com15 mittee on Intelligence and the Committee on Appropria16 tions of the Senate. 

17 SEC. 360D. REPORT ON NATIONAL SECURITY AGENCY 

18 STRATEGY TO PROTECT DEPARTMENT OF 

19 DEFENSE NETWORKS. 

20 Not later than 180 days after the date of the enact21 ment of this Act, the Director of the National Security 

22 Agency shall submit to Congress a report on the strategy 

23 of the National Security Agency with respect to securing 

24 networks of the Department of Defense within the intel25 ligence community. 


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1 SEC. 360E. REPORT ON CREATION OF SPACE INTEL2 LIGENCE OFFICE. 

3 Not later than 1 year after the date of the enactment 

4 of this Act, the Director of National Intelligence shall sub5 mit to Congress a report on the feasibility and advisability 

6 of creating a national space intelligence office to manage 

7 space-related intelligence assets and access to such assets. 

8 SEC. 360F. PLAN TO SECURE NETWORKS OF THE INTEL9 LIGENCE COMMUNITY. 

10 (a) PLAN.—Not later than 180 days after the date 

11 of the enactment of this Act, the President shall submit 

12 to Congress a plan to secure the networks of the intel13 ligence community. Such plan shall include strategies 

14 for— 

15 (1) securing the networks of the intelligence 

16 community from unauthorized remote access, intru17 sion, or insider tampering; 

18 (2) recruiting, retaining, and training a highly19 qualified cybersecurity intelligence community work20 force and include— 

21 (A) an assessment of the capabilities of 

22 such workforce; 

23 (B) an examination of issues of recruiting, 

24 retention, and the professional development of 

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1 viding retention bonuses or other forms of com2 pensation; 

3 (C) an assessment of the benefits of out4 reach and training with both private industry 

5 and academic institutions with respect to such 

6 workforce; and 

7 (D) an assessment of the impact of the es8 tablishment of the Department of Defense 

9 Cyber Command on personnel and authorities 

10 of the intelligence community; 

11 (3) making the intelligence community work12 force and the public aware of cybersecurity best 

13 practices and principles; 

14 (4) coordinating the intelligence community re15 sponse to a cybersecurity incident; 

16 (5) collaborating with industry and academia to 

17 improve cybersecurity for critical infrastructure, the 

18 defense industrial base, and financial networks; 

19 (6) addressing such other matters as the Presi20 dent considers necessary to secure the 

21 cyberinfrastructure of the intelligence community; 

22 and 

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1 tacks between private industry and the intelligence 

2 community. 

3 (b) UPDATES.—Not later than 90 days after the date 

4 on which the plan referred to in subsection (a) is sub5 mitted to Congress, and every 90 days thereafter until the 

6 President submits the certification referred to in sub7 section (c), the President shall report to Congress on the 

8 status of the implementation of such plan and the progress 

9 towards the objectives of such plan. 

10 (c) CERTIFICATION.—The President may submit to 

11 Congress a certification that the objectives of the plan re12 ferred to in subsection (a) have been achieved. 

13 SEC. 360G. REPORT ON MISSILE ARSENAL OF IRAN. 

14 Not later than 180 days after the date of the enact15 ment of this Act, the Director of National Intelligence 

16 shall submit to the congressional intelligence committees 

17 a report assessing the threat posed by the missile arsenal 

18 of Iran to allies and interests of the United States in the 

19 Persian Gulf. 

20 SEC. 360H. STUDY ON BEST PRACTICES OF FOREIGN GOV21 ERNMENTS IN COMBATING VIOLENT DOMES22 TIC EXTREMISM. 

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

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1 ernments (including the intelligence services of such gov2 ernments) to combat violent domestic extremism. 

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

4 of the enactment of this Act, the Director of National In5 telligence shall submit to the congressional intelligence 

6 committees a report containing the results of the study 

7 conducted under subsection (a). 

8 SEC. 360I. REPORT ON INFORMATION SHARING PRACTICES 

9 OF JOINT TERRORISM TASK FORCE. 

10 Not later than 180 days after the date of the enact11 ment of this Act, the Director of the Federal Bureau of 

12 Investigation shall submit to Congress a report on the best 

13 practices or impediments to information sharing in the 

14 Federal Bureau of Investigation-New York Police Depart15 ment Joint Terrorism Task Force, including ways in 

16 which the combining of Federal, State, and local law en17 forcement resources can result in the effective utilization 

18 of such resources. 

19 SEC. 360J. REPORT ON TECHNOLOGY TO ENABLE INFORMA20 TION SHARING. 

21 Not later than 180 days after the date of the enact22 ment of this Act, the Director of National Intelligence 

23 shall submit to Congress and the President a report de24 scribing the improvements to information technology need25 ed to enable elements of the Federal Government that are 


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1 not part of the intelligence community to better share in2 formation with elements of the intelligence community. 

3 SEC. 360K. REPORT ON THREATS TO ENERGY SECURITY OF 

4 THE UNITED STATES. 

5 Not later than 1 year after the date of the enactment 

6 of this Act, the Director of National Intelligence shall sub7 mit to Congress a report in unclassified form describing 

8 the future threats to describing the future threats to the 

9 national security of the United States from continued and 

10 increased dependence of the United States on oil sources 

11 from foreign nations. 

12 SEC. 360L. REPORT ON ATTEMPT TO DETONATE EXPLOSIVE 

13 DEVICE ON NORTHWEST AIRLINES FLIGHT 

14 253. 

15 Not later than 180 days after the date of the enact16 ment of this Act, the Director of National Intelligence 

17 shall submit to Congress a report on the attempt to deto18 nate an explosive device aboard Northwest Airlines flight 

19 number 253 on December 25, 2009. Such report shall de20 scribe any failures to share or analyze intelligence or other 

21 information within or between elements of the United 

22 States Government and the measures that the intelligence 

23 community has taken or will take to prevent such failures, 

24 including— 


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1 (1) a description of the roles and responsibil2 ities of the counterterrorism analytic components of 

3 the intelligence community in synchronizing, corre4 lating, and analyzing all sources of intelligence re5 lated to terrorism; 

6 (2) an assessment of the technological capabili7 ties of the intelligence community to assess terrorist 

8 threats, including— 

9 (A) a list of all databases used by counter10 terrorism analysts; 

11 (B) a description of the steps taken by the 

12 intelligence community to integrate all relevant 

13 terrorist databases and allow for cross-database 

14 searches; and 

15 (C) a description of the steps taken by the 

16 intelligence community to correlate biographic 

17 information with terrorism-related intelligence; 

18 (3) a description of the steps taken by the intel19 ligence community to train analysts on watchlisting 

20 processes and procedures; 

21 (4) a description of how watchlisting informa22 tion is entered, reviewed, searched, analyzed, and 

23 acted upon by the relevant elements of the intel24 ligence community; 


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1 (5) a description of the steps the intelligence 

2 community is taking to enhance the rigor and raise 

3 the standard of tradecraft of intelligence analysis re4 lated to uncovering and preventing terrorist plots; 

5 (6) a description of the processes and proce6 dures by which the intelligence community 

7 prioritizes terrorism threat leads and the standards 

8 used by elements of the intelligence community to 

9 determine if follow-up action is appropriate; 

10 (7) a description of the steps taken to enhance 

11 record information on possible terrorists in the Ter12 rorist Identities Datamart Environment; 

13 (8) an assessment of how to meet the challenge 

14 associated with exploiting the ever-increasing volume 

15 of information available to the intelligence commu16 nity; and 

17 (9) a description of the steps the intelligence 

18 community has taken or will take to respond to any 

19 findings and recommendations of the congressional 

20 intelligence committees, with respect to such fail21 ures, that have been transmitted to the Director of 

22 National Intelligence. 


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1 SEC. 360M. REPEAL OF CERTAIN REPORTING REQUIRE2 MENTS. 

3 (a) ANNUAL REPORT ON INTELLIGENCE.—Section 

4 109 of the National Security Act of 1947 (50 U.S.C. 

5 404d) is repealed. 

6 (b) ANNUAL CERTIFICATION ON COUNTERINTEL7 LIGENCE INITIATIVES.—Section 1102(b) of the National 

8 Security Act of 1947 (50 U.S.C. 442a(b)) is amended— 

9 (1) by striking ‘‘(1) The Director’’ and insert10 ing ‘‘The Director’’; and 

11 (2) by striking paragraph (2). 

12 (c) ANNUAL REPORT ON COUNTERDRUG INTEL13 LIGENCE MATTERS.—Section 826 of the Intelligence Au14 thorization Act for Fiscal Year 2003 (Public Law 107– 

15 306; 116 Stat. 2429; 21 U.S.C. 873 note) is repealed. 

16 SEC. 360N. INCORPORATION OF REPORTING REQUIRE17 MENTS. 

18 Each requirement to submit a report to the congres19 sional intelligence committees that is included in the clas20 sified annex to this Act is hereby incorporated into this 

21 Act and is hereby made a requirement in law. 

22 SEC. 360O. CONFORMING AMENDMENTS. 

23 (a) REPORT SUBMISSION DATES.—Section 507 of 

24 the National Security Act of 1947 (50 U.S.C. 415b) is 

25 amended— 

26 (1) in subsection (a)— 


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1 (A) in paragraph (1)— 

2 (i) by striking subparagraphs (A) and 

3 (G); 

4 (ii) by redesignating subparagraphs 

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

6 as subparagraphs (A), (B), (C), (D), (E), 

7 (F), (G), and (H), respectively; and 

8 (iii) by adding at the end the fol9 lowing new subparagraphs: 

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

11 on terrorist assets required by section 118. 

12 ‘‘(J) The annual report on foreign language 

13 proficiency in the intelligence community required by 

14 section 510. 

15 ‘‘(K) The annual report on outside employment 

16 required by section 102A(s)(2).’’; 

17 (B) in paragraph (2), by striking subpara18 graph (D); and 

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

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

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

22 amended by section 313 of this Act, is further amended 

23 by— 

24 (1) striking the item relating to section 109; 

25 and 


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1 (2) inserting after the item relating to section 

2 507 the following new items: 

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

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

and North Korea. 

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

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

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

3 Subtitle E—Other Matters 

4 SEC. 361. MODIFICATION OF AVAILABILITY OF FUNDS FOR 

5 DIFFERENT INTELLIGENCE ACTIVITIES. 

6 Subparagraph (B) of section 504(a)(3) of the Na7 tional Security Act of 1947 (50 U.S.C. 414(a)(3)) is 

8 amended to read as follows: 

9 ‘‘(B) the use of such funds for such activ10 ity supports an emergent need, improves pro11 gram effectiveness, or increases efficiency; 

12 and’’. 

13 SEC. 362. PROTECTION OF CERTAIN NATIONAL SECURITY 

14 INFORMATION. 

15 (a) INCREASE IN PENALTIES FOR DISCLOSURE OF

16 UNDERCOVER INTELLIGENCE OFFICERS AND AGENTS.— 

17 (1) DISCLOSURE AFTER ACCESS TO INFORMA18 TION IDENTIFYING AGENT.—Subsection (a) of sec19 tion 601 of the National Security Act of 1947 (50 

20 U.S.C. 421) is amended by striking ‘‘ten years’’ and 

21 inserting ‘‘15 years’’. 


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1 (2) DISCLOSURE AFTER ACCESS TO CLASSIFIED

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

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

4 years’’. 

5 (b) MODIFICATIONS TO ANNUAL REPORT ON PRO6 TECTION OF INTELLIGENCE IDENTITIES.—The first sen7 tence of section 603(a) of the National Security Act of 

8 1947 (50 U.S.C. 423(a)) is amended by inserting ‘‘includ9 ing an assessment of the need for any modification of this 

10 title for the purpose of improving legal protections for cov11 ert agents,’’ after ‘‘measures to protect the identities of 

12 covert agents,’’. 

13 SEC. 363. EXTENSION OF AUTHORITY TO DELETE INFORMA14 TION ABOUT RECEIPT AND DISPOSITION OF 

15 FOREIGN GIFTS AND DECORATIONS. 

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

17 States Code, is amended to read as follows: 

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

19 of the intelligence community, the head of such element 

20 may delete the information described in subparagraph (A) 

21 or (C) of paragraph (2) or in subparagraph (A) or (C) 

22 of paragraph (3) if the head of such element certifies in 

23 writing to the Secretary of State that the publication of 

24 such information could adversely affect United States in25 telligence sources or methods. 


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

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

3 shall be transmitted to the Director of National Intel4 ligence who shall keep a record of such information. 

5 ‘‘(C) In this paragraph, the term ‘intelligence com6 munity’ has the meaning given the term in section 3(4) 

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

8 401a(4)).’’. 

9 SEC. 364. EXEMPTION OF DISSEMINATION OF TERRORIST 

10 IDENTITY INFORMATION FROM FREEDOM OF 

11 INFORMATION ACT. 

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

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

14 the following new subsection: 

15 ‘‘(k) EXEMPTION OF DISSEMINATION OF TERRORIST

16 IDENTITY INFORMATION FROM FREEDOM OF INFORMA17 TION ACT.—(1) Terrorist identity information dissemi18 nated for terrorist screening purposes or other authorized 

19 counterterrorism purposes shall be exempt from disclosure 

20 under section 552 of title 5, United States Code. 

21 ‘‘(2) In this section: 

22 ‘‘(A) AUTHORIZED COUNTERTERRORISM PUR23 POSE.—The term ‘authorized counterterrorism pur24 pose’ means disclosure to and appropriate use by an 

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1 tifiers of persons reasonably suspected to be terror2 ists or supporters of terrorists. 

3 ‘‘(B) TERRORIST IDENTITY INFORMATION.— 

4 The term ‘terrorist identity information’ means— 

5 ‘‘(i) information from a database main6 tained by any element of the Federal Govern7 ment that would reveal whether an individual 

8 has or has not been determined to be a known 

9 or suspected terrorist or has or has not been 

10 determined to be within the networks of con11 tacts and support of a known or suspected ter12 rorist; and 

13 ‘‘(ii) information related to a determina14 tion as to whether or not an individual is or 

15 should be included in the Terrorist Screening 

16 Database or other screening databases based on 

17 a determination that the individual is a known 

18 or suspected terrorist. 

19 ‘‘(C) TERRORIST IDENTIFIERS.—The term ‘ter20 rorist identifiers’— 

21 ‘‘(i) includes— 

22 ‘‘(I) names and aliases; 

23 ‘‘(II) dates or places of birth; 

24 ‘‘(III) unique identifying numbers or 

25 information; 


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1 ‘‘(IV) physical identifiers or bio2 metrics; and 

3 ‘‘(V) any other identifying information 

4 provided for watchlisting purposes; and 

5 ‘‘(ii) does not include derogatory informa6 tion or information that would reveal or com7 promise intelligence or law enforcement sources 

8 or methods. 

9 ‘‘(D) TERRORIST SCREENING PURPOSE.—The 

10 term ‘terrorist screening purpose’ means— 

11 ‘‘(i) the collection, analysis, dissemination, 

12 and use of terrorist identity information to de13 termine threats to the national security of the 

14 United States from a terrorist or terrorism; and 

15 ‘‘(ii) the use of such information for risk 

16 assessment, inspection, and credentialing.’’. 

17 SEC. 365. MISUSE OF THE INTELLIGENCE COMMUNITY AND 

18 OFFICE OF THE DIRECTOR OF NATIONAL IN19 TELLIGENCE NAME, INITIALS, OR SEAL. 

20 (a) INTELLIGENCE COMMUNITY.—Title XI of the 

21 National Security Act of 1947 (50 U.S.C. 442 et seq.) 

22 is amended by adding at the end the following new section: 

23 ‘‘MISUSE OF THE INTELLIGENCE COMMUNITY NAME, 

24 INITIALS, OR SEAL

25 ‘‘SEC. 1103. (a) PROHIBITED ACTS.—No person 

26 may, except with the written permission of the Director 


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1 of National Intelligence or a designee of the Director, 

2 knowingly use the words ‘intelligence community’, the ini3 tials ‘IC’, the seal of the intelligence community, or any 

4 colorable imitation of such words, initials, or seal in con5 nection with any merchandise, impersonation, solicitation, 

6 or commercial activity in a manner reasonably calculated 

7 to convey the impression that such use is approved, en8 dorsed, or authorized by the Director of National Intel9 ligence, except that employees of the intelligence commu10 nity may use the intelligence community name, initials, 

11 and seal in accordance with regulations promulgated by 

12 the Director of National Intelligence. 

13 ‘‘(b) INJUNCTION.—Whenever it appears to the At14 torney General that any person is engaged or is about to 

15 engage in an act or practice which constitutes or will con16 stitute conduct prohibited by subsection (a), the Attorney 

17 General may initiate a civil proceeding in a district court 

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

19 court shall proceed as soon as practicable to the hearing 

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

21 before final determination, enter such restraining orders 

22 or prohibitions, or take such other action as is warranted, 

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

24 or class of persons for whose protection the action is 

25 brought.’’. 


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1 (b) OFFICE OF THE DIRECTOR OF NATIONAL INTEL2 LIGENCE.—Title XI of the National Security Act of 1947 

3 (50 U.S.C. 442 et seq.), as amended by subsection (a) of 

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

5 following new section: 

6 ‘‘MISUSE OF THE OFFICE OF THE DIRECTOR OF

7 NATIONAL INTELLIGENCE NAME, INITIALS, OR SEAL

8 ‘‘SEC. 1104. (a) PROHIBITED ACTS.—No person 

9 may, except with the written permission of the Director 

10 of National Intelligence or a designee of the Director, 

11 knowingly use the words ‘Office of the Director of Na12 tional Intelligence’, the initials ‘ODNI’, the seal of the Of13 fice of the Director of National Intelligence, or any 

14 colorable imitation of such words, initials, or seal in con15 nection with any merchandise, impersonation, solicitation, 

16 or commercial activity in a manner reasonably calculated 

17 to convey the impression that such use is approved, en18 dorsed, or authorized by the Director of National Intel19 ligence. 

20 ‘‘(b) INJUNCTION.—Whenever it appears to the At21 torney General that any person is engaged or is about to 

22 engage in an act or practice which constitutes or will con23 stitute conduct prohibited by subsection (a), the Attorney 

24 General may initiate a civil proceeding in a district court 

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

26 court shall proceed as soon as practicable to the hearing 


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

2 before final determination, enter such restraining orders 

3 or prohibitions, or take such other action as is warranted, 

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

5 or class of persons for whose protection the action is 

6 brought.’’. 

7 (c) CONFORMING AMENDMENT.—The table of con8 tents in the first section of such Act (50 U.S.C. 401 note), 

9 as amended by section 357 of this Act, is further amended 

10 by adding at the end the following new items: 

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

‘‘Sec. 1104. Misuse of the Office of the Director of National Intelligence name, 

initials, or seal.’’. 

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

12 RECIPROCITY. 

13 (a) REPORTS RELATING TO SECURITY CLEAR14 ANCES.— 

15 (1) QUADRENNIAL AUDIT; SECURITY CLEAR16 ANCE DETERMINATIONS.— 

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

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

19 as amended by section 336 of this Act, is fur20 ther amended by adding at the end the fol21 lowing new section: 

22 ‘‘REPORTS ON SECURITY CLEARANCES

23 ‘‘SEC. 513. (a) QUADRENNIAL AUDIT OF POSITION

24 REQUIREMENTS.—(1) The President shall every 4 years 


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1 conduct an audit of how the executive branch determines 

2 whether a security clearance is required for a particular 

3 position in the Federal Government. 

4 ‘‘(2) Not later than 30 days after the completion of 

5 an audit conducted under paragraph (1), the President 

6 shall submit to Congress the results of such audit. 

7 ‘‘(b) REPORT ON SECURITY CLEARANCE DETER8 MINATIONS.—(1) Not later than February 1 of each year, 

9 the President shall submit to Congress a report on the 

10 security clearance process. Such report shall include, for 

11 each security clearance level— 

12 ‘‘(A) the number of Federal Government em13 ployees who— 

14 ‘‘(i) held a security clearance at such level 

15 as of October 1 of the preceding year; and 

16 ‘‘(ii) were approved for a security clearance 

17 at such level during the preceding fiscal year; 

18 ‘‘(B) the number of contractors to the Federal 

19 Government who— 

20 ‘‘(i) held a security clearance at such level 

21 as of October 1 of the preceding year; and 

22 ‘‘(ii) were approved for a security clearance 

23 at such level during the preceding fiscal year; 

24 and 


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1 ‘‘(C) for each element of the intelligence com2 munity— 

3 ‘‘(i) the amount of time it took to process 

4 the fastest 80 percent of security clearance de5 terminations for such level; 

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

7 the fastest 90 percent of security clearance de8 terminations for such level; 

9 ‘‘(iii) the number of open security clear10 ance investigations for such level that have re11 mained open for— 

12 ‘‘(I) 4 months or less; 

13 ‘‘(II) between 4 months and 8 

14 months; 

15 ‘‘(III) between 8 months and 12 

16 months; and 

17 ‘‘(IV) more than a year; 

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

19 preceding fiscal year that resulted in a denial or 

20 revocation of a security clearance; 

21 ‘‘(v) the percentage of investigations dur22 ing the preceding fiscal year that resulted in in23 complete information; 

24 ‘‘(vi) the percentage of investigations dur25 ing the preceding fiscal year that did not result 


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1 in enough information to make a decision on 

2 potentially adverse information; and 

3 ‘‘(vii) for security clearance determinations 

4 completed or ongoing during the preceding fis5 cal year that have taken longer than 1 year to 

6 complete— 

7 ‘‘(I) the number of security clearance 

8 determinations for positions as employees 

9 of the Federal Government that required 

10 more than 1 year to complete; 

11 ‘‘(II) the number of security clearance 

12 determinations for contractors that re13 quired more than 1 year to complete; 

14 ‘‘(III) the agencies that investigated 

15 and adjudicated such determinations; and 

16 ‘‘(IV) the cause of significant delays 

17 in such determinations. 

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

19 National Intelligence may consider— 

20 ‘‘(A) security clearances at the level of confiden21 tial and secret as one security clearance level; and 

22 ‘‘(B) security clearances at the level of top se23 cret or higher as one security clearance level.’’. 

24 (B) INITIAL AUDIT.—The first audit re25 quired to be conducted under section 513(a)(1) 


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1 of the National Security Act of 1947 (as added 

2 by paragraph (1)) shall be completed not later 

3 than February 1, 2010. 

4 (C) CLERICAL AMENDMENT.—The table of 

5 contents in the first section of such Act (50 

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

7 this Act, is further amended by inserting after 

8 the item relating to section 512 the following 

9 new item: 

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

10 (2) REPORT ON METRICS FOR ADJUDICATION

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

12 enactment of this Act, the President shall submit to 

13 Congress a report on security clearance investiga14 tions and adjudications. Such report shall include— 

15 (A) Federal Government wide adjudication 

16 guidelines and metrics for adjudication quality; 

17 (B) a plan to improve the professional de18 velopment of security clearance adjudicators; 

19 (C) metrics to evaluate the effectiveness of 

20 interagency clearance reciprocity; 

21 (D) Federal Government wide investigation 

22 standards and metrics for investigation quality; 

23 and 

24 (E) the feasibility, counterintelligence risk, 

25 and cost effectiveness of— 


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

2 requiring the investigation and adjudica3 tion of security clearances to be conducted 

4 by not more than two Federal agencies; 

5 and 

6 (ii) by not later than January 1, 

7 2015, requiring the investigation and adju8 dication of security clearances to be con9 ducted by not more than one Federal agen10 cy. 

11 (b) OMBUDSMAN FOR INTELLIGENCE COMMUNITY

12 SECURITY CLEARANCES.— 

13 (1) IN GENERAL.—Title I of the National Secu14 rity Act of 1947 (50 U.S.C. 402 et seq.), as amend15 ed by section 303 of this Act, is further amended by 

16 inserting after section 103G the following new sec17 tion: 

18 ‘‘OMBUDSMAN FOR INTELLIGENCE COMMUNITY SECURITY

19 CLEARANCES

20 ‘‘SEC. 103H. (a) APPOINTMENT.—The Director of 

21 National Intelligence shall appoint an ombudsman for in22 telligence community security clearances. 

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

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1 nation with such element with contact information for the 

2 ombudsman appointed under subsection (a). 

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

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

5 submit to the congressional intelligence committees a re6 port containing— 

7 ‘‘(1) the number of persons applying for a secu8 rity clearance who have contacted the ombudsman 

9 during the preceding 12 months; and 

10 ‘‘(2) a summary of the concerns, complaints, 

11 and questions received by the ombudsman from per12 sons applying for security clearances.’’. 

13 (2) APPOINTMENT DATE.—The Director of Na14 tional Intelligence shall appoint an ombudsman for 

15 intelligence community security clearances under 

16 section 103H(a) of the National Security Act of 

17 1947, as added by paragraph (1), not later than 120 

18 days after the date of the enactment of this Act. 

19 (3) CONFORMING AMENDMENT.—The table of 

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

21 401 note), as amended by subsection (a)(1)(C) of 

22 this section, is further amended by inserting after 

23 the item relating to section 103G the following new 

24 item: 

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

25 (c) SECURITY CLEARANCE RECIPROCITY.— 


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1 (1) AUDIT.—The Inspector General of the In2 telligence Community shall conduct an audit of the 

3 reciprocity of security clearances in the intelligence 

4 community. 

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

6 the date of the enactment of this Act, the Inspector 

7 General of the Intelligence Community shall submit 

8 to the congressional intelligence committees a report 

9 containing the results of the audit conducted under 

10 paragraph (1). Such report shall include an assess11 ment of the time required to obtain a reciprocal se12 curity clearance for— 

13 (A) an employee of an element of the intel14 ligence community detailed to another element 

15 of the intelligence community; 

16 (B) an employee of an element of the intel17 ligence community seeking permanent employ18 ment with another element of the intelligence 

19 community; and 

20 (C) a contractor seeking permanent em21 ployment with an element of the intelligence 

22 community. 

23 (d) EDUCATION ON COMBAT-RELATED INJURIES.— 

24 Section 3001 of the Intelligence Reform and Terrorism 

25 Prevention Act of 2004 (50 U.S.C. 435b) is amended— 


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1 (1) by redesignating subsection (i) as subsection 

2 (j); and 

3 (2) by inserting after subsection (h) the fol4 lowing new subsection: 

5 ‘‘(i) EDUCATION ON COMBAT-RELATED INJURIES.— 

6 ‘‘(1) IN GENERAL.—The head of the entity se7 lected pursuant to subsection (b) shall take such ac8 tions as such head considers necessary to educate 

9 each authorized adjudicative agency that is an ele10 ment of the intelligence community on the nature of 

11 combat-related injuries as they relate to determina12 tions of eligibility for access to classified information 

13 for veterans who were deployed in support of a con14 tingency operation. 

15 ‘‘(2) DEFINITIONS.—In this subsection: 

16 ‘‘(A) CONTINGENCY OPERATION.—The 

17 term ‘contingency operation’ has the meaning 

18 given the term in section 101(a)(13) of title 10, 

19 United States Code. 

20 ‘‘(B) INTELLIGENCE COMMUNITY.—The 

21 term ‘intelligence community’ has the meaning 

22 given the term in section 3(4) of the National 

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


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1 ‘‘(C) VETERAN.—The term ‘veteran’ has 

2 the meaning given the term in section 101(2) of 

3 title 38, United States Code.’’. 

4 SEC. 367. LIMITATION ON USE OF FUNDS FOR THE TRANS5 FER OR RELEASE OF INDIVIDUALS DETAINED 

6 AT UNITED STATES NAVAL STATION, GUAN7 TANAMO BAY, CUBA. 

8 (a) IN GENERAL.—The Director of National Intel9 ligence may not use any of the amounts authorized to be 

10 appropriated in this Act for fiscal year 2010 or any subse11 quent fiscal year to release or transfer any individual de12 scribed in subsection (d) to the United States, its terri13 tories, or possessions, until 120 days after the President 

14 has submitted to Congress the plan described in sub15 section (b). 

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

17 Congress a plan on the disposition of each individual de18 scribed in subsection (d). Such plan shall include— 

19 (1) an assessment of the risk that the indi20 vidual described in subsection (d) poses to the na21 tional security of the United States, its territories, 

22 or possessions; 

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

24 individual; 


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

2 paragraph (1) should the proposed disposition re3 quired by paragraph (2) include the release or trans4 fer to the United States, its territories, or posses5 sions of any such individual; and 

6 (4) a summary of the consultation required in 

7 subsection (c). 

8 (c) CONSULTATION REQUIRED.—The President shall 

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

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

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

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

13 or territory or possession. 

14 (d) DETAINEES DESCRIBED.—An individual de15 scribed in this subsection is any individual who is located 

16 at United States Naval Station, Guantanamo Bay, Cuba, 

17 as of the date of the enactment of this Act, who— 

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

19 (2) is— 

20 (A) in the custody or under the effective 

21 control of the Department of Defense; or 

22 (B) otherwise under detention at United 

23 States Naval Station, Guantanamo Bay, Cuba. 


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1 SEC. 368. INTELLIGENCE COMMUNITY FINANCIAL IM2 PROVEMENT AND AUDIT READINESS. 

3 (a) SENSE OF CONGRESS.—It is the sense of Con4 gress that— 

5 (1) it is imperative that intelligence community6 wide auditability be achieved as soon as possible; 

7 (2) the Business Transformation Office of the 

8 Office of the Director of National Intelligence has 

9 made substantial progress and must be of sufficient 

10 standing within the Office of the Director of Na11 tional Intelligence to move the plan for core financial 

12 system requirements to reach intelligence commu13 nity-wide auditability forward; 

14 (3) as of the date of the enactment of this Act, 

15 the National Reconnaissance Office is the only ele16 ment of the intelligence community to have received 

17 a clean audit; and 

18 (4) the National Reconnaissance Office should 

19 be commended for the long hours and hard work in20 vested by the Office to achieve a clean audit. 

21 (b) REVIEW; PLAN.—Not later than 180 days after 

22 the date of the enactment of this Act, the Director of Na23 tional Intelligence shall— 

24 (1) conduct a review of the status of the 

25 auditability compliance of each element of the intel26 ligence community; and 


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1 (2) develop a plan and timeline to achieve a 

2 full, unqualified audit of each element of the intel3 ligence community not later than September 30, 

4 2013. 

5 SEC. 369. SENSE OF CONGRESS ON MONITORING OF 

6 NORTHERN BORDER OF THE UNITED STATES. 

7 (a) FINDING.—Congress finds that suspected terror8 ists have attempted to enter the United States through 

9 the international land and maritime border of the United 

10 States and Canada. 

11 (b) SENSE OF CONGRESS.—It is the sense of Con12 gress that— 

13 (1) the intelligence community should devote 

14 sufficient resources, including technological and 

15 human resources, to identifying and thwarting po16 tential threats at the international land and mari17 time border of the United States and Canada; and 

18 (2) the intelligence community should work 

19 closely with the Government of Canada to identify 

20 and apprehend suspected terrorists before such ter21 rorists enter the United States. 


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1 TITLE IV—MATTERS RELATING 

2 TO ELEMENTS OF THE INTEL3 LIGENCE COMMUNITY 

4 Subtitle A—Office of the Director 

5 of National Intelligence 

6 SEC. 401. CLARIFICATION OF LIMITATION ON COLOCATION 

7 OF THE OFFICE OF THE DIRECTOR OF NA8 TIONAL INTELLIGENCE. 

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

10 U.S.C. 403–3), as amended by section 302(1) of this Act, 

11 is further amended— 

12 (1) in subsection (f) (as so redesignated)— 

13 (A) in the heading, by striking ‘‘WITH’’ 

14 and inserting ‘‘OF HEADQUARTERS WITH

15 HEADQUARTERS OF’’; 

16 (B) by striking ‘‘Commencing as of Octo17 ber 1, 2008, the’’ and inserting ‘‘(1) Except as 

18 provided in paragraph (2), the’’; 

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

20 paragraph (2) of this section, by inserting ‘‘the 

21 headquarters of’’ before ‘‘the Office’’; 

22 (D) in paragraph (1) (as so designated), 

23 by striking ‘‘any other element’’ and inserting 

24 ‘‘the headquarters of any other element’’; and 


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1 (E) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) The President may waive the limitation in para4 graph (1) if the President determines that— 

5 ‘‘(A) a waiver is in the interests of national se6 curity; or 

7 ‘‘(B) the costs of a headquarters of the Office 

8 of the Director of National Intelligence that is sepa9 rate from the headquarters of the other elements of 

10 the intelligence community outweighs the potential 

11 benefits of the separation.’’; and 

12 (2) by adding at the end the following new sub13 section: 

14 ‘‘(g) LOCATION OF THE OFFICE OF THE DIRECTOR

15 OF NATIONAL INTELLIGENCE.—The headquarters of the 

16 Office of the Director of National Intelligence may be lo17 cated in the Washington metropolitan region (as defined 

18 in section 8301 of title 40, United States Code).’’. 

19 SEC. 402. MEMBERSHIP OF THE DIRECTOR OF NATIONAL 

20 INTELLIGENCE ON THE TRANSPORTATION 

21 SECURITY OVERSIGHT BOARD. 

22 Subparagraph (F) of section 115(b)(1) of title 49, 

23 United States Code, is amended to read as follows: 

24 ‘‘(F) The Director of National Intelligence, 

25 or the Director’s designee.’’. 


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1 SEC. 403. ADDITIONAL DUTIES OF THE DIRECTOR OF 

2 SCIENCE AND TECHNOLOGY. 

3 Section 103E of the National Security Act of 1947 

4 (50 U.S.C. 403–3e) is amended— 

5 (1) in subsection (c)— 

6 (A) by redesignating paragraph (5) as 

7 paragraph (7); 

8 (B) in paragraph (4), by striking ‘‘; and’’ 

9 and inserting ‘‘;’’; and 

10 (C) by inserting after paragraph (4) the 

11 following new paragraphs: 

12 ‘‘(5) assist the Director of National Intelligence 

13 in establishing goals for basic, applied, and advanced 

14 research to meet the technology needs of the intel15 ligence community; 

16 ‘‘(6) submit to the congressional intelligence 

17 committees an annual report on the science and 

18 technology strategy of the Director that shows re19 sources mapped to the goals of the intelligence com20 munity; and’’; and 

21 (2) in subsection (d)(3)— 

22 (A) in subparagraph (A)— 

23 (i) by inserting ‘‘and prioritize’’ after 

24 ‘‘coordinate’’; and 

25 (ii) by striking ‘‘; and’’ and inserting 

26 ‘‘;’’; 


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1 (B) by redesignating subparagraph (B) as 

2 subparagraph (C); and 

3 (C) by inserting after subparagraph (A) 

4 the following new subparagraph: 

5 ‘‘(B) identify basic, advanced, and applied 

6 research programs to be executed by elements 

7 of the intelligence community; and’’. 

8 SEC. 404. PLAN TO IMPLEMENT RECOMMENDATIONS OF 

9 THE DATA CENTER ENERGY EFFICIENCY RE10 PORTS. 

11 (a) PLAN.—The Director of National Intelligence 

12 shall develop a plan to implement the recommendations 

13 of the report submitted to Congress under section 1 of 

14 the Act entitled ‘‘An Act to study and promote the use 

15 of energy efficient computer servers in the United States’’ 

16 (Public Law 109–431; 120 Stat. 2920) across the intel17 ligence community. 

18 (b) REPORT.— 

19 (1) IN GENERAL.—Not later than 180 days 

20 after the date of the enactment of this Act, the Di21 rector of National Intelligence shall submit to the 

22 congressional intelligence committees a report con23 taining the plan developed under subsection (a). 


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1 (2) FORM.—The report under paragraph (1) 

2 shall be submitted in unclassified form, but may 

3 contain a classified annex. 

4 SEC. 405. TITLE OF CHIEF INFORMATION OFFICER OF THE 

5 INTELLIGENCE COMMUNITY. 

6 Section 103G of the National Security Act of 1947 

7 (50 U.S.C. 403–3g) is amended— 

8 (1) in subsection (a), by inserting ‘‘of the Intel9 ligence Community’’ after ‘‘Chief Information Offi10 cer’’; 

11 (2) in subsection (b), by inserting ‘‘of the Intel12 ligence Community’’ after ‘‘Chief Information Offi13 cer’’; 

14 (3) in subsection (c) in the matter preceding 

15 paragraph (1), by inserting ‘‘of the Intelligence 

16 Community’’ after ‘‘Chief Information Officer’’; and 

17 (4) in subsection (d), by inserting ‘‘of the Intel18 ligence Community’’ after ‘‘Chief Information Offi19 cer’’. 

20 SEC. 406. INSPECTOR GENERAL OF THE INTELLIGENCE 

21 COMMUNITY. 

22 (a) ESTABLISHMENT.— 

23 (1) IN GENERAL.—Title I of the National Secu24 rity Act of 1947 (50 U.S.C. 402 et seq.), as amend25 ed by section 366 of this Act, is further amended by 


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1 inserting after section 103H (as added by such sec2 tion 366) the following new section: 

3 ‘‘INSPECTOR GENERAL OF THE INTELLIGENCE

4 COMMUNITY

5 ‘‘SEC. 103I. (a) OFFICE OF INSPECTOR GENERAL OF

6 INTELLIGENCE COMMUNITY.—There is within the Office 

7 of the Director of National Intelligence an Office of the 

8 Inspector General of the Intelligence Community. 

9 ‘‘(b) PURPOSE.—The purpose of the Office of the In10 spector General of the Intelligence Community is to— 

11 ‘‘(1) be an independent and objective office ap12 propriately accountable to Congress and to initiate 

13 and conduct investigations, inspections, and audits 

14 on matters within the responsibility and authority of 

15 the Director of National Intelligence; 

16 ‘‘(2) recommend policies designed— 

17 ‘‘(A) to promote economy, efficiency, and 

18 effectiveness in the administration and imple19 mentation of matters within the responsibility 

20 and authority of the Director of National Intel21 ligence; and 

22 ‘‘(B) to prevent and detect fraud and 

23 abuse in such matters; 

24 ‘‘(3) provide a means for keeping the Director 

25 of National Intelligence fully and currently informed 

26 about— 


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1 ‘‘(A) problems and deficiencies relating to 

2 matters within the responsibility and authority 

3 of the Director of National Intelligence; and 

4 ‘‘(B) the necessity for, and the progress of, 

5 corrective actions; and 

6 ‘‘(4) in the manner prescribed by this section, 

7 ensure that the congressional intelligence committees 

8 are kept informed of— 

9 ‘‘(A) significant problems and deficiencies 

10 relating to matters within the responsibility and 

11 authority of the Director of National Intel12 ligence; and 

13 ‘‘(B) the necessity for, and the progress of, 

14 corrective actions. 

15 ‘‘(c) INSPECTOR GENERAL OF INTELLIGENCE COM16 MUNITY.—(1) There is an Inspector General of the Intel17 ligence Community, who shall be the head of the Office 

18 of the Inspector General of the Intelligence Community, 

19 who shall be appointed by the President, by and with the 

20 advice and consent of the Senate. 

21 ‘‘(2) The nomination of an individual for appointment 

22 as Inspector General shall be made— 

23 ‘‘(A) without regard to political affiliation; 

24 ‘‘(B) on the basis of integrity, compliance with 

25 the security standards of the intelligence community, 


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1 and prior experience in the field of intelligence or 

2 national security; 

3 ‘‘(C) on the basis of demonstrated ability in ac4 counting, financial analysis, law, management anal5 ysis, public administration, or auditing; and 

6 ‘‘(D) on the basis of expertise in investigations. 

7 ‘‘(3) The Inspector General shall report directly to 

8 the Director of National Intelligence. 

9 ‘‘(4) The Inspector General may be removed from of10 fice only by the President. The President shall commu11 nicate in writing to the congressional intelligence commit12 tees the reasons for the removal of any individual from 

13 the position of Inspector General not later than 30 days 

14 before the date on which the Inspector General is removed 

15 from office. Nothing in this paragraph shall prohibit a per16 sonnel action with respect to the Inspector General other17 wise authorized by law, other than transfer or removal. 

18 ‘‘(d) DUTIES AND RESPONSIBILITIES.—Subject to 

19 subsections (g) and (h), the Inspector General of the Intel20 ligence Community shall— 

21 ‘‘(1) provide policy direction for, and plan, con22 duct, supervise, and coordinate independently, the 

23 investigations, inspections, and audits relating to 

24 matters within the responsibility and authority of 

25 the Director of National Intelligence to ensure they 


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1 are conducted efficiently and in accordance with ap2 plicable law and regulations; 

3 ‘‘(2) keep the Director of National Intelligence 

4 and Congress fully and currently informed con5 cerning violations of law and regulations, violations 

6 of civil liberties and privacy, fraud and other serious 

7 problems, abuses, and deficiencies that may occur in 

8 matters within the responsibility and authority of 

9 the Director, and report the progress made in imple10 menting corrective action; 

11 ‘‘(3) take due regard for the protection of intel12 ligence sources and methods in the preparation of all 

13 reports issued by the Inspector General, and, to the 

14 extent consistent with the purpose and objective of 

15 such reports, take such measures as may be appro16 priate to minimize the disclosure of intelligence 

17 sources and methods described in such reports; and 

18 ‘‘(4) in the execution of the duties and respon19 sibilities under this section, comply with generally 

20 accepted Federal Government auditing standards. 

21 ‘‘(e) LIMITATIONS ON ACTIVITIES.—(1)(A) Subject 

22 to subparagraph (B), the Director of National Intelligence 

23 may prohibit the Inspector General of the Intelligence 

24 Community from initiating, carrying out, or completing 

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1 termines that such prohibition is necessary to protect vital 

2 national security interests of the United States. 

3 ‘‘(B) The Director of National Intelligence may not 

4 prohibit an investigation, inspection, or audit under sub5 paragraph (A) solely on the basis of the level of classifica6 tion or compartmentation of information that the Inspec7 tor General may seek access to while conducting such in8 vestigation, inspection, or audit. 

9 ‘‘(2) If the Director exercises the authority under 

10 paragraph (1), the Director shall submit to the congres11 sional intelligence committees an appropriately classified 

12 statement of the reasons for the exercise of such authority 

13 within 7 days. 

14 ‘‘(3) The Director shall notify the Inspector General 

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

16 and, to the extent consistent with the protection of intel17 ligence sources and methods, provide the Inspector Gen18 eral with a copy of such report. 

19 ‘‘(4) The Inspector General shall submit to the con20 gressional intelligence committees any comments on a re21 port of which the Inspector General has notice under para22 graph (3) that the Inspector General considers appro23 priate. 

24 ‘‘(f) AUTHORITIES.—(1) The Inspector General of 

25 the Intelligence Community shall have direct and prompt 


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1 access to the Director of National Intelligence when nec2 essary for any purpose pertaining to the performance of 

3 the duties of the Inspector General. 

4 ‘‘(2)(A) The Inspector General shall have access to 

5 any employee, or any employee of a contractor, of any ele6 ment of the intelligence community whose testimony is 

7 needed for the performance of the duties of the Inspector 

8 General. 

9 ‘‘(B) The Inspector General shall have direct access 

10 to all records, reports, audits, reviews, documents, papers, 

11 recommendations, or other material which relate to the 

12 programs and operations with respect to which the Inspec13 tor General has responsibilities under this section. 

14 ‘‘(C) The Director or, on the recommendation of the 

15 Director, another appropriate official of the intelligence 

16 community, shall take appropriate administrative action 

17 against an employee, or employee of a contractor, of an 

18 element of the intelligence community that fails to cooper19 ate with the Inspector General. Such administrative action 

20 may include loss of employment or termination of an exist21 ing contractual relationship. 

22 ‘‘(3) The Inspector General shall, in accordance with 

23 subsection (g), receive and investigate complaints or infor24 mation from any person concerning the existence of an 

25 activity within the authorities and responsibilities of the 


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1 Director of National Intelligence constituting a violation 

2 of laws, rules, or regulations, or mismanagement, gross 

3 waste of funds, abuse of authority, or a substantial and 

4 specific danger to the public health and safety. Once such 

5 complaint or information has been received from an em6 ployee of the Federal Government— 

7 ‘‘(A) the Inspector General shall not disclose 

8 the identity of the employee without the consent of 

9 the employee, unless the Inspector General deter10 mines that such disclosure is unavoidable during the 

11 course of the investigation or the disclosure is made 

12 to an official of the Department of Justice respon13 sible for determining whether a prosecution should 

14 be undertaken; and 

15 ‘‘(B) no action constituting a reprisal, or threat 

16 of reprisal, for making such complaint may be taken 

17 by any employee, unless the complaint was made or 

18 the information was disclosed with the knowledge 

19 that it was false or with willful disregard for its 

20 truth or falsity. 

21 ‘‘(4) The Inspector General shall administer to or 

22 take from any person an oath, affirmation, or affidavit, 

23 whenever necessary in the performance of the duties of 

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1 ployee of the Office of the Inspector General of the Intel2 ligence Community designated by the Inspector General 

3 shall have the same force and effect as if administered 

4 or taken by, or before, an officer having a seal. 

5 ‘‘(5)(A) Except as provided in subparagraph (B), the 

6 Inspector General may require by subpoena the production 

7 of all information, documents, reports, answers, records, 

8 accounts, papers, and other data and documentary evi9 dence necessary in the performance of the duties and re10 sponsibilities of the Inspector General. 

11 ‘‘(B) In the case of departments, agencies, and other 

12 elements of the United States Government, the Inspector 

13 General shall obtain information, documents, reports, an14 swers, records, accounts, papers, and other data and evi15 dence for the purpose specified in subparagraph (A) using 

16 procedures other than by subpoenas. 

17 ‘‘(C) The Inspector General may not issue a subpoena 

18 for, or on behalf of, any element of the intelligence com19 munity, including the Office of the Director of National 

20 Intelligence. 

21 ‘‘(D) In the case of contumacy or refusal to obey a 

22 subpoena issued under this paragraph, the subpoena shall 

23 be enforceable by order of any appropriate district court 

24 of the United States. 


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1 ‘‘(6) The Inspector General may obtain services as 

2 authorized under section 3109 of title 5, United States 

3 Code, at rates for individuals not to exceed the daily equiv4 alent of the maximum annual rate of basic pay payable 

5 for grade GS–15 of the General Schedule under section 

6 5332 of title 5, United States Code. 

7 ‘‘(7) The Inspector may, to the extent and in such 

8 amounts as may be provided in advance by appropriations 

9 Acts, enter into contracts and other arrangements for au10 dits, studies, analyses, and other services with public agen11 cies and with private persons, and to make such payments 

12 as may be necessary to carry out the provisions of this 

13 section. 

14 ‘‘(g) COORDINATION AMONG THE INSPECTORS GEN15 ERAL OF THE INTELLIGENCE COMMUNITY.—(1)(A) If a 

16 matter within the jurisdiction of the Inspector General of 

17 the Intelligence Community that may be subject to an in18 vestigation, inspection, review, or audit by both the In19 spector General of the Intelligence Community and an in20 spector general with oversight responsibility for an ele21 ment of the intelligence community, the Inspector General 

22 of the Intelligence Community and such other inspector 

23 general shall expeditiously resolve the question of which 

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1 tion, review, or audit to avoid unnecessary duplication of 

2 the activities of the inspectors general. 

3 ‘‘(B) In attempting to resolve a question under sub4 paragraph (A), the inspectors general concerned may re5 quest the assistance of the Intelligence Community Inspec6 tors General Forum established under subparagraph (C). 

7 If a dispute between an inspector general within an agency 

8 or department of the United States Government and the 

9 Inspector General of the Intelligence Community has not 

10 been resolved with the assistance of the Forum, the in11 spectors general shall submit the question to the Director 

12 of National Intelligence and the head of the affected agen13 cy or department for resolution. 

14 ‘‘(C) There is established the Intelligence Community 

15 Inspectors General Forum which shall consist of all statu16 tory or administrative inspectors general with oversight re17 sponsibility for an element of the intelligence community. 

18 The Inspector General of the Intelligence Community shall 

19 serve as the chair of the Forum. The Forum shall have 

20 no administrative authority over any inspector general, 

21 but shall serve as a mechanism for informing its members 

22 of the work of individual members of the Forum that may 

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1 tions, or other materials that may involve or be of assist2 ance to more than one of its members. 

3 ‘‘(2) The inspector general conducting an investiga4 tion, inspection, review, or audit referred to in paragraph 

5 (1) shall submit the results of such investigation, inspec6 tion, review, or audit to any other inspector general, in7 cluding the Inspector General of the Intelligence Commu8 nity, with jurisdiction to conduct such investigation, in9 spection, review, or audit who did not conduct such inves10 tigation, inspection, review, or audit. 

11 ‘‘(h) STAFF AND OTHER SUPPORT.—(1) The Direc12 tor of National Intelligence shall provide the Inspector 

13 General of the Intelligence Community with appropriate 

14 and adequate office space at central and field office loca15 tions and with such equipment, office supplies, mainte16 nance services, and communications facilities and services 

17 as may be necessary for the operation of such offices. 

18 ‘‘(2)(A) The Inspector General shall select, appoint, 

19 and employ such officers and employees as may be nec20 essary to carry out the functions, powers, and duties of 

21 the Inspector General. The Inspector General shall ensure 

22 that any officer or employee selected, appointed, or em23 ployed has a security clearance appropriate for the as24 signed duties of such officer or employee. 


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1 ‘‘(B) In making selections under subparagraph (A), 

2 the Inspector General shall ensure that such officers and 

3 employees have the requisite training and experience to 

4 enable the Inspector General to carry out the duties of 

5 the Inspector General effectively. 

6 ‘‘(C) In meeting the requirements of this paragraph, 

7 the Inspector General shall recommend policies to the Di8 rector of National Intelligence to create within the intel9 ligence community a career cadre of sufficient size to pro10 vide appropriate continuity and objectivity needed for the 

11 effective performance of the duties of the Inspector Gen12 eral. 

13 ‘‘(3)(A) The Inspector General may, in consultation 

14 with the Director, request such information or assistance 

15 as may be necessary for carrying out the duties and re16 sponsibilities of the Inspector General from any depart17 ment, agency, or other element of the United States Gov18 ernment. 

19 ‘‘(B) Upon request of the Inspector General for infor20 mation or assistance under subparagraph (A), the head 

21 of the department, agency, or element concerned shall fur22 nish to the Inspector General, or to an authorized des23 ignee, such information or assistance. 

24 ‘‘(C) The Inspector General of the Intelligence Com25 munity may, upon reasonable notice to the head of any 


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1 element of the intelligence community and in coordination 

2 with the inspector general of that element pursuant to 

3 subsection (g), conduct an inspection, review, or audit of 

4 such element and may enter into any place occupied by 

5 such element for purposes of the performance of the duties 

6 of the Inspector General. 

7 ‘‘(i) REPORTS.—(1)(A) Not later than January 31 

8 and July 31 of each year, the Inspector General of the 

9 Intelligence Community shall prepare and submit to the 

10 Director of National Intelligence a report summarizing the 

11 activities of the Office of the Inspector General of the In12 telligence Community during the preceding six-month pe13 riod. The Inspector General of the Intelligence Community 

14 shall provide any portion of the report involving a compo15 nent of a department of the United States Government 

16 to the head of that department simultaneously with sub17 mission of the report to the Director of National Intel18 ligence. 

19 ‘‘(B) Each report under this paragraph shall include 

20 the following: 

21 ‘‘(i) A list of the titles or subjects of each inves22 tigation, inspection, review, or audit conducted dur23 ing the period covered by such report, including a 

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1 tigation, inspection, or audit since the preceding re2 port of the Inspector General under this paragraph. 

3 ‘‘(ii) A description of significant problems, 

4 abuses, and deficiencies relating to the administra5 tion and implementation of programs and operations 

6 of the intelligence community, and in the relation7 ships between elements of the intelligence commu8 nity, identified by the Inspector General during the 

9 period covered by such report. 

10 ‘‘(iii) A description of the recommendations for 

11 disciplinary action made by the Inspector General 

12 during the period covered by such report with re13 spect to significant problems, abuses, or deficiencies 

14 described in clause (ii). 

15 ‘‘(iv) A statement of whether or not corrective 

16 or disciplinary action has been completed on each 

17 significant recommendation described in previous 

18 semiannual reports, and, in a case where corrective 

19 action has been completed, a description of such cor20 rective action. 

21 ‘‘(v) A certification of whether or not the In22 spector General has had full and direct access to all 

23 information relevant to the performance of the func24 tions of the Inspector General. 


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1 ‘‘(vi) A description of the exercise of the sub2 poena authority under subsection (f)(5) by the In3 spector General during the period covered by such 

4 report. 

5 ‘‘(vii) Any recommendations that the Inspector 

6 General considers appropriate for legislation to pro7 mote economy, efficiency, and effectiveness in the 

8 administration and implementation of matters within 

9 the responsibility and authority of the Director of 

10 National Intelligence, and to detect and eliminate 

11 fraud and abuse in such matters. 

12 ‘‘(C) Not later than 30 days after the date of receipt 

13 of a report under subparagraph (A), the Director shall 

14 submit the report to the congressional intelligence commit15 tees together with any comments the Director considers 

16 appropriate. 

17 ‘‘(D) Each report submitted under subparagraphs 

18 (A) and (C) shall be submitted in unclassified form, but 

19 may include a classified annex. 

20 ‘‘(2)(A) The Inspector General shall report imme21 diately to the Director whenever the Inspector General be22 comes aware of particularly serious or flagrant problems, 

23 abuses, or deficiencies relating to matters within the re24 sponsibility and authority of the Director of National In25 telligence. 


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1 ‘‘(B) The Director shall submit to the congressional 

2 intelligence committees each report under subparagraph 

3 (A) within 7 days of the receipt of such report, together 

4 with such comments as the Director considers appropriate. 

5 The Director shall submit to the committees of the Senate 

6 and of the House of Representatives with jurisdiction over 

7 a department of the United States Government any por8 tion of each report under subparagraph (A) that involves 

9 a problem, abuse, or deficiency related to a component of 

10 such department simultaneously with transmission of the 

11 report to the congressional intelligence committees. 

12 ‘‘(3) The Inspector General shall immediately notify 

13 and submit a report to the congressional intelligence com14 mittees on an investigation, inspection, review, or audit 

15 if— 

16 ‘‘(A) the Inspector General is unable to resolve 

17 any significant differences with the Director affect18 ing the execution of the duties or responsibilities of 

19 the Inspector General; 

20 ‘‘(B) the investigation, inspection, review, or 

21 audit carried out by the Inspector General focuses 

22 on any current or former intelligence community of23 ficial who— 

24 ‘‘(i) holds or held a position in an element 

25 of the intelligence community that is subject to 


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1 appointment by the President, whether or not 

2 by and with the advice and consent of the Sen3 ate, including such a position held on an acting 

4 basis; 

5 ‘‘(ii) holds or held a position in an element 

6 of the intelligence community, including a posi7 tion held on an acting basis, that is appointed 

8 by the Director of National Intelligence; or 

9 ‘‘(iii) holds or held a position as head of an 

10 element of the intelligence community or a posi11 tion covered by subsection (b) or (c) of section 

12 106; 

13 ‘‘(C) a matter requires a report by the Inspec14 tor General to the Department of Justice on possible 

15 criminal conduct by a current or former official de16 scribed in subparagraph (B); 

17 ‘‘(D) the Inspector General receives notice from 

18 the Department of Justice declining or approving 

19 prosecution of possible criminal conduct of any cur20 rent or former official described in subparagraph 

21 (B); or 

22 ‘‘(E) the Inspector General, after exhausting all 

23 possible alternatives, is unable to obtain significant 

24 documentary information in the course of such in25 vestigation, inspection, review, or audit. 


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1 ‘‘(4)(A) An employee of an element of the intelligence 

2 community, an employee assigned or detailed to an ele3 ment of the intelligence community, or an employee of a 

4 contractor of the intelligence community who intends to 

5 report to Congress a complaint or information with respect 

6 to an urgent concern may report such complaint or infor7 mation to the Inspector General. 

8 ‘‘(B) Not later than the end of the 14-day period be9 ginning on the date of receipt from an employee of a com10 plaint or information under subparagraph (A), the Inspec11 tor General shall determine whether the complaint or in12 formation appears credible. Upon making such a deter13 mination, the Inspector General shall submit to the Direc14 tor a notice of that determination, together with the com15 plaint or information. 

16 ‘‘(C) Upon receipt of a submittal from the Inspector 

17 General under subparagraph (B), the Director shall, not 

18 later than 7 days after such receipt, forward such trans19 mittal to the congressional intelligence committees, to20 gether with any comments the Director considers appro21 priate. 

22 ‘‘(D)(i) If the Inspector General does not find cred23 ible under subparagraph (B) a complaint or information 

24 submitted under subparagraph (A), or does not submit the 

25 complaint or information to the Director in accurate form 


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1 under subparagraph (B), the employee (subject to clause 

2 (ii)) may submit the complaint or information to Congress 

3 by contacting either or both of the congressional intel4 ligence committees directly. 

5 ‘‘(ii) An employee may contact the congressional in6 telligence committees directly as described in clause (i) 

7 only if the employee— 

8 ‘‘(I) before making such a contact, furnishes to 

9 the Director, through the Inspector General, a state10 ment of the employee’s complaint or information and 

11 notice of the employee’s intent to contact the con12 gressional intelligence committees directly; and 

13 ‘‘(II) obtains and follows from the Director, 

14 through the Inspector General, direction on how to 

15 contact the intelligence committees in accordance 

16 with appropriate security practices. 

17 ‘‘(iii) A member or employee of one of the congres18 sional intelligence committees who receives a complaint or 

19 information under clause (ii) does so in that member or 

20 employee’s official capacity as a member or employee of 

21 such committee. 

22 ‘‘(E) The Inspector General shall notify an employee 

23 who reports a complaint or information to the Inspector 

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1 tion. Such notice shall be provided not later than 3 days 

2 after any such action is taken. 

3 ‘‘(F) An action taken by the Director or the Inspector 

4 General under this paragraph shall not be subject to judi5 cial review. 

6 ‘‘(G) Nothing in this paragraph shall be construed 

7 to limit the protections afforded an employee of or con8 tractor to the Central Intelligence Agency under section 

9 17(e)(3) of the Central Intelligence Agency Act of 1949 

10 (50 U.S.C. 403q(e)(3)). 

11 ‘‘(H) In this paragraph, the term ‘urgent concern’ 

12 means any of the following: 

13 ‘‘(i) A serious or flagrant problem, abuse, viola14 tion of law or Executive order, or deficiency relating 

15 to the funding, administration, or operation of an in16 telligence activity involving classified information, 

17 but does not include differences of opinions con18 cerning public policy matters. 

19 ‘‘(ii) A false statement to Congress, or a willful 

20 withholding from Congress, on an issue of material 

21 fact relating to the funding, administration, or oper22 ation of an intelligence activity. 

23 ‘‘(iii) An action, including a personnel action 

24 described in section 2302(a)(2)(A) of title 5, United 

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1 prisal prohibited under subsection (f)(3)(B) of this 

2 section. 

3 ‘‘(5) In accordance with section 535 of title 28, 

4 United States Code, the Inspector General shall report to 

5 the Attorney General any information, allegation, or com6 plaint received by the Inspector General relating to viola7 tions of Federal criminal law that involves a program or 

8 operation of an element of the intelligence community, or 

9 in the relationships between the elements of the intel10 ligence community, consistent with such guidelines as may 

11 be issued by the Attorney General pursuant to subsection 

12 (b)(2) of such section. A copy of each such report shall 

13 be furnished to the Director. 

14 ‘‘(j) SEPARATE BUDGET ACCOUNT.—The Director of 

15 National Intelligence shall, in accordance with procedures 

16 to be issued by the Director in consultation with the con17 gressional intelligence committees, include in the National 

18 Intelligence Program budget a separate account for the 

19 Office of Inspector General of the Intelligence Community. 

20 ‘‘(k) CONSTRUCTION OF DUTIES REGARDING ELE21 MENTS OF INTELLIGENCE COMMUNITY.—Except as re22 solved pursuant to subsection (g), the performance by the 

23 Inspector General of the Intelligence Community of any 

24 duty, responsibility, or function regarding an element of 

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1 ify or affect the duties and responsibilities of any other 

2 inspector general having duties and responsibilities relat3 ing to such element.’’. 

4 (2) CLERICAL AMENDMENT.—The table of con5 tents in the first section of the National Security 

6 Act of 1947 (50 U.S.C. 401 note), as amended by 

7 section 366 of this Act, is further amended by in8 serting after the item relating to section 103H the 

9 following new item: 

‘‘Sec. 103I. Inspector General of the Intelligence Community.’’. 

10 (b) REPEAL OF SUPERSEDED AUTHORITY TO ES11 TABLISH POSITION.—Section 8K of the Inspector General 

12 Act of 1978 (5 U.S.C. App.) is repealed. 

13 (c) EXECUTIVE SCHEDULE LEVEL III.—Section 

14 5314 of title 5, United States Code, is amended by adding 

15 at the end the following new item: 

16 ‘‘Inspector General of the Intelligence Commu17 nity.’’. 

18 (d) APPLICABILITY DATE; TRANSITION.— 

19 (1) APPLICABILITY.—The amendment made by 

20 subsection (b) shall apply on the earlier of— 

21 (A) the date of the appointment by the 

22 President and confirmation by the Senate of an 

23 individual to serve as Inspector General of the 

24 Intelligence Community; or 


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1 (B) the date of the cessation of the per2 formance of the duties of the Inspector General 

3 of the Intelligence Community by the individual 

4 serving as the Inspector General of the Office 

5 of the Director of National Intelligence as of 

6 the date of the enactment of this Act. 

7 (2) TRANSITION.—The individual serving as the 

8 Inspector General of the Office of the Director of 

9 National Intelligence as of the date of the enactment 

10 of this Act shall perform the duties of the Inspector 

11 General of the Intelligence Community until the in12 dividual appointed to the position of Inspector Gen13 eral of the Intelligence Community assumes the du14 ties of such position. 

15 SEC. 407. DIRECTOR OF NATIONAL INTELLIGENCE SUP16 PORT FOR REVIEWS OF INTERNATIONAL 

17 TRAFFIC IN ARMS REGULATIONS AND EX18 PORT ADMINISTRATION REGULATIONS. 

19 The Director of National Intelligence may provide 

20 support for any review conducted by a department or 

21 agency of the Federal Government of the International 

22 Traffic in Arms Regulations or Export Administration 

23 Regulations, including a review of technologies and goods 

24 on the United States Munitions List and Commerce Con25 trol List that may warrant controls that are different or 


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1 additional to the controls such technologies and goods are 

2 subject to at the time of such review. 

3 Subtitle B—Central Intelligence 

4 Agency 

5 SEC. 411. REVIEW OF COVERT ACTION PROGRAMS BY IN6 SPECTOR GENERAL OF THE CENTRAL INTEL7 LIGENCE AGENCY. 

8 Section 17 of the Central Intelligence Agency Act of 

9 1949 (50 U.S.C. 403q) is amended— 

10 (1) in subsection (b)(4)— 

11 (A) by striking ‘‘(4) If’’ and inserting 

12 ‘‘(4)(A) If’’; and 

13 (B) by adding at the end the following new 

14 subparagraph: 

15 ‘‘(B) The Director may waive the requirement to sub16 mit the statement required under subparagraph (A) within 

17 seven days of prohibiting an audit, inspection, or inves18 tigation under paragraph (3) if such audit, inspection, or 

19 investigation is related to a covert action program. If the 

20 Director waives such requirement in accordance with this 

21 subparagraph, the Director shall submit the statement re22 quired under subparagraph (A) as soon as practicable, 

23 along with an explanation of the reasons for delaying the 

24 submission of such statement.’’; 

25 (2) in subsection (d)(1)— 


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1 (A) by redesignating subparagraphs (E) 

2 and (F) as subsections (F) and (G), respec3 tively; and 

4 (B) by inserting after subparagraph (D) 

5 the following new subparagraph: 

6 ‘‘(E) a list of the covert actions for which the 

7 Inspector General has not completed an audit within 

8 the preceding three-year period;’’; and 

9 (3) by adding at the end the following new sub10 section: 

11 ‘‘(h) COVERT ACTION DEFINED.—In this section, the 

12 term ‘covert action’ has the meaning given the term in 

13 section 503(e) of the National Security Act of 1947 (50 

14 U.S.C. 413b(e)).’’. 

15 SEC. 412. PROHIBITION ON THE USE OF PRIVATE CONTRAC16 TORS FOR INTERROGATIONS INVOLVING 

17 PERSONS IN THE CUSTODY OF THE CENTRAL 

18 INTELLIGENCE AGENCY. 

19 The Central Intelligence Agency Act of 1949 (50 

20 U.S.C. 403a et seq.) is amended by adding at the end the 

21 following new section: 

22 ‘‘PROHIBITION ON THE USE OF PRIVATE CONTRACTORS

23 FOR INTERROGATIONS INVOLVING PERSONS IN THE

24 CUSTODY OF THE CENTRAL INTELLIGENCE AGENCY

25 ‘‘SEC. 24. (a) PROHIBITION.—Notwithstanding any 

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1 ligence Agency shall not expend or obligate funds for pay2 ment to any contractor to conduct the interrogation of a 

3 detainee or prisoner in the custody of the Central Intel4 ligence Agency. 

5 ‘‘(b) EXCEPTION.— 

6 ‘‘(1) IN GENERAL.—The Director of the Central 

7 Intelligence Agency may request, and the Director of 

8 National Intelligence may grant, a written waiver of 

9 the requirement under subsection (a) if the Director 

10 of the Central Intelligence Agency determines that— 

11 ‘‘(A) no employee of the Federal Govern12 ment is— 

13 ‘‘(i) capable of performing such inter14 rogation; and 

15 ‘‘(ii) available to perform such interro16 gation; and 

17 ‘‘(B) such interrogation is in the national 

18 interest of the United States and requires the 

19 use of a contractor. 

20 ‘‘(2) CLARIFICATION OF APPLICABILITY OF

21 CERTAIN LAWS.—Any contractor conducting an in22 terrogation pursuant to a waiver under paragraph 

23 (1) shall be subject to all laws on the conduct of in24 terrogations that would apply if an employee of the 


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1 Federal Government were conducting the interroga2 tion.’’. 

3 SEC. 413. APPEALS FROM DECISIONS OF CENTRAL INTEL4 LIGENCE AGENCY CONTRACTING OFFICERS. 

5 Section 8(d) of the Contract Disputes Act of 1978 

6 (41 U.S.C. 607(d)) is amended by inserting before the 

7 sentence beginning with ‘‘In exercising’’ the following new 

8 sentence: ‘‘Notwithstanding any other provision of law, an 

9 appeal from a decision of a contracting officer of the Cen10 tral Intelligence Agency relative to a contract made by 

11 that agency may be filed with whichever of the Armed 

12 Services Board or the Civilian Board is specified by the 

13 contracting officer as the Board to which such an appeal 

14 may be made and the Board so specified shall have juris15 diction to decide that appeal.’’. 

16 SEC. 414. DEPUTY DIRECTOR OF THE CENTRAL INTEL17 LIGENCE AGENCY. 

18 (a) ESTABLISHMENT AND DUTIES OF DEPUTY DI19 RECTOR OF CIA.—Title I of the National Security Act of 

20 1947 (50 U.S.C. 402 et seq.) is amended by inserting 

21 after section 104A the following new section: 

22 ‘‘DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE

23 AGENCY

24 ‘‘SEC. 104B. (a) DEPUTY DIRECTOR OF CENTRAL

25 INTELLIGENCE AGENCY.—There is a Deputy Director of 


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1 the Central Intelligence Agency who shall be appointed by 

2 the President. 

3 ‘‘(b) DUTIES.—The Deputy Director of the Central 

4 Intelligence Agency shall— 

5 ‘‘(1) assist the Director of the Central Intel6 ligence Agency in carrying out the duties and re7 sponsibilities of the Director of the Central Intel8 ligence Agency; and 

9 ‘‘(2) during the absence or disability of the Di10 rector of the Central Intelligence Agency, or during 

11 a vacancy in the position of Director of the Central 

12 Intelligence Agency, act for and exercise the powers 

13 of the Director of the Central Intelligence Agency.’’. 

14 (b) CONFORMING AMENDMENTS.— 

15 (1) EXECUTIVE SCHEDULE III.—Section 5314 

16 of title 5, United States Code, is amended by strik17 ing ‘‘Deputy Directors of Central Intelligence (2)’’ 

18 and inserting ‘‘Deputy Director of the Central Intel19 ligence Agency’’. 

20 (2) TABLE OF CONTENTS.—The table of con21 tents in the first section of the National Security 

22 Act of 1947 (50 U.S.C. 401 note) is amended by in23 serting after the item relating to section 104A the 

24 following new item: 

‘‘Sec. 104B. Deputy Director of the Central Intelligence Agency.’’. 


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1 (c) APPLICABILITY.—The amendments made by this 

2 section shall apply on the earlier of— 

3 (1) the date of the appointment by the Presi4 dent of an individual to serve as Deputy Director of 

5 the Central Intelligence Agency, except that the indi6 vidual administratively performing the duties of the 

7 Deputy Director of the Central Intelligence Agency 

8 as of the date of the enactment of this Act may con9 tinue to perform such duties until the individual ap10 pointed to the position of Deputy Director of the 

11 Central Intelligence Agency assumes the duties of 

12 such position; or 

13 (2) the date of the cessation of the performance 

14 of the duties of the Deputy Director of the Central 

15 Intelligence Agency by the individual administra16 tively performing such duties as of the date of the 

17 enactment of this Act. 

18 SEC. 415. PROTECTION AGAINST REPRISALS. 

19 Section 17(e)(3)(B) of the Central Intelligence Agen20 cy Act of 1949 (50 U.S.C. 403q(e)(3)(B)) is amended by 

21 inserting ‘‘or providing such information’’ after ‘‘making 

22 such complaint’’. 


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1 SEC. 416. REQUIREMENT FOR VIDEO RECORDING OF IN2 TERROGATIONS OF PERSONS IN THE CUS3 TODY OF THE CENTRAL INTELLIGENCE 

4 AGENCY. 

5 (a) IN GENERAL.—The Central Intelligence Agency 

6 Act of 1949 (50 U.S.C. 403a et seq.), as amended by sec7 tion 412 of this Act, is further amended by adding at the 

8 end the following new section: 

9 ‘‘REQUIREMENT FOR VIDEO RECORDING OF INTERROGA10 TIONS OF PERSONS IN THE CUSTODY OF THE CEN11 TRAL INTELLIGENCE AGENCY

12 ‘‘SEC. 25. (a) IN GENERAL.—Except as provided in 

13 subsection (b), the Director of the Central Intelligence 

14 Agency shall establish guidelines to ensure that each inter15 rogation of a person who is in the custody of the Central 

16 Intelligence Agency is recorded in video form and that the 

17 video recording of such interrogation is maintained— 

18 ‘‘(1) for not less than 10 years from the date 

19 on which such recording is made; and 

20 ‘‘(2) until such time as such recording is no 

21 longer relevant to an ongoing or anticipated legal 

22 proceeding or investigation or required to be main23 tained under any other provision of law. 

24 ‘‘(b) EXCEPTION.—The requirement to record an in25 terrogation in video form under subsection (a) shall not 

26 apply with respect to an interrogation incident to arrest 


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1 conducted by Agency personnel designated by the Director 

2 under section 15(a) that are assigned to the headquarters 

3 of the Central Intelligence Agency and acting in the offi4 cial capacity of such personnel. 

5 ‘‘(c) INTERROGATION DEFINED.—In this section, the 

6 term ‘interrogation’ means the systematic process of at7 tempting to obtain information from an uncooperative de8 tainee.’’. 

9 (b) SUBMISSION OF GUIDELINES.—Not later than 90 

10 days after the date of the enactment of this Act, the Direc11 tor of the Central Intelligence Agency shall submit to the 

12 congressional intelligence committees the guidelines devel13 oped under section 25(a) of the Central Intelligence Agen14 cy Act of 1949, as added by subsection (a) of this section. 

15 Such guidelines shall be submitted in unclassified form, 

16 but may contain a classified annex. 

17 Subtitle C—Other Elements 

18 SEC. 421. HOMELAND SECURITY INTELLIGENCE ELEMENTS. 

19 Section 3(4) of the National Security Act of 1947 (50 

20 U.S.C. 401a(4)) is amended— 

21 (1) in subparagraph (H), by inserting ‘‘the 

22 Coast Guard,’’ after ‘‘the Marine Corps,’’; and 

23 (2) in subparagraph (K), by striking ‘‘The ele24 ments’’ and all that follows through ‘‘the Coast 

25 Guard’’ and inserting ‘‘The Office of Intelligence 


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1 and Analysis of the Department of Homeland Secu2 rity’’. 

3 SEC. 422. CLARIFICATION OF INCLUSION OF DRUG EN4 FORCEMENT ADMINISTRATION AS AN ELE5 MENT OF THE INTELLIGENCE COMMUNITY. 

6 Section 3(4)(H) of the National Security Act of 1947 

7 (50 U.S.C. 401a(4)(H)), as amended by section 421 of 

8 this Act, is further amended by inserting ‘‘the Drug En9 forcement Administration,’’ after ‘‘the Federal Bureau of 

10 Investigation,’’. 

11 SEC. 423. REPEAL OF CERTAIN AUTHORITIES RELATING TO 

12 THE OFFICE OF THE NATIONAL COUNTER13 INTELLIGENCE EXECUTIVE. 

14 (a) REPEAL OF CERTAIN AUTHORITIES.—Section 

15 904 of the Counterintelligence Enhancement Act of 2002 

16 (title IX of Public Law 107–306; 50 U.S.C. 402c) is 

17 amended— 

18 (1) by striking subsections (d), (h), (i), and (j); 

19 (2) by redesignating subsections (e), (f), (g), 

20 (k), (l), and (m) as subsections (d), (e), (f), (g), (h), 

21 and (i), respectively; and 

22 (3) in subsection (f), as redesignated by para23 graph (2) of this subsection, by striking paragraphs 

24 (3) and (4). 


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1 (b) CONFORMING AMENDMENTS.—Such section 904 

2 is further amended— 

3 (1) in subsection (d), as redesignated by sub4 section (a)(2) of this section— 

5 (A) in paragraph (1), by striking ‘‘sub6 section (f)’’ and inserting ‘‘subsection (e)’’; and 

7 (B) in paragraph (2), by striking ‘‘sub8 section (f)’’ and inserting ‘‘subsection (e)’’; and 

9 (2) in subsection (e), as so redesignated— 

10 (A) in paragraph (1), by striking ‘‘sub11 section (e)(1)’’ and inserting ‘‘subsection 

12 (d)(1)’’; and 

13 (B) in paragraph (2), by striking ‘‘sub14 section (e)(2)’’ and inserting ‘‘subsection 

15 (d)(2)’’. 

16 SEC. 424. CONFIRMATION OF APPOINTMENT OF HEADS OF 

17 CERTAIN COMPONENTS OF THE INTEL18 LIGENCE COMMUNITY. 

19 (a) DIRECTOR OF NATIONAL SECURITY AGENCY.— 

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

21 note) is amended by inserting after the first section the 

22 following new section: 

23 ‘‘SEC. 2. (a) There is a Director of the National Secu24 rity Agency. 


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1 ‘‘(b) The Director of the National Security Agency 

2 shall be appointed by the President, by and with the advice 

3 and consent of the Senate. 

4 ‘‘(c) The Director of the National Security Agency 

5 shall be the head of the National Security Agency and 

6 shall discharge such functions and duties as are provided 

7 by this Act or otherwise by law.’’. 

8 (b) DIRECTOR OF NATIONAL RECONNAISSANCE OF9 FICE.—The Director of the National Reconnaissance Of10 fice shall be appointed by the President, by and with the 

11 advice and consent of the Senate. 

12 (c) CONFORMING AMENDMENT.—Section 106(b)(2) 

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

14 6(b)(2)) is amended— 

15 (1) by striking subparagraphs (A) and (B); 

16 (2) by redesignating subparagraphs (C) through 

17 (I) as subparagraphs (A) through (G), respectively; 

18 and 

19 (3) by moving subparagraph (G), as redesig20 nated by paragraph (2) of this subsection, 2 ems to 

21 the left. 

22 (d) EFFECTIVE DATE AND APPLICABILITY.—The 

23 amendment made by subsection (a) and the provisions of 

24 subsection (b) shall apply upon the earlier of— 


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1 (1) the date of the nomination by the President 

2 of an individual to serve in the position concerned, 

3 except that the individual serving in such position as 

4 of the date of the enactment of this Act may con5 tinue to perform such duties after such date of nom6 ination and until the individual appointed to such 

7 position, by and with the advice and consent of the 

8 Senate, assumes the duties of such position; or 

9 (2) the date of the cessation of the performance 

10 of the duties of such position by the individual per11 forming such duties as of the date of the enactment 

12 of this Act. 

13 SEC. 425. ASSOCIATE DIRECTOR OF THE NATIONAL SECU14 RITY AGENCY FOR COMPLIANCE AND TRAIN15 ING. 

16 The National Security Agency Act of 1959 (50 

17 U.S.C. 402 note), as amended by section 424 of this Act, 

18 is further amended by inserting after section 2 (as added 

19 by such section 424) the following new section: 

20 ‘‘SEC. 3. (a) There is an Associate Director of the 

21 National Security Agency for Compliance and Training, 

22 who shall be appointed by the Director of the National 

23 Security Agency. 

24 ‘‘(b) The Associate Director of the National Security 

25 Agency for Compliance and Training shall ensure that— 


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1 ‘‘(1) all programs and activities of the National 

2 Security Agency are conducted in a manner con3 sistent with all applicable laws, regulations, and poli4 cies; and 

5 ‘‘(2) the training of relevant personnel is suffi6 cient to ensure that such programs and activities are 

7 conducted in such a manner.’’. 

8 SEC. 426. CHARTER FOR THE NATIONAL RECONNAISSANCE 

9 OFFICE. 

10 Not later than 90 days after the date of the enact11 ment of this Act, the Director of National Intelligence and 

12 the Secretary of Defense shall jointly submit to the con13 gressional intelligence committees and the congressional 

14 defense committees (as defined in section 101(a)(16) of 

15 title 10, United States Code) a revised charter for the Na16 tional Reconnaissance Office (in this section referred to 

17 as the ‘‘NRO’’). The charter shall include the following: 

18 (1) The organizational and governance struc19 ture of the NRO. 

20 (2) NRO participation in the development and 

21 generation of requirements and acquisition. 

22 (3) The scope of NRO capabilities. 

23 (4) The roles and responsibilities of the NRO 

24 and the relationship of the NRO to other elements 


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1 of the intelligence community and the defense com2 munity. 

3 TITLE V—OTHER MATTERS 

4 Subtitle A—General Intelligence 

5 Matters 

6 SEC. 501. EXTENSION OF NATIONAL COMMISSION FOR THE 

7 REVIEW OF THE RESEARCH AND DEVELOP8 MENT PROGRAMS OF THE UNITED STATES IN9 TELLIGENCE COMMUNITY. 

10 (a) EXTENSION.— 

11 (1) IN GENERAL.—Subsection (a) of section 

12 1007 of the Intelligence Authorization Act for Fiscal 

13 Year 2003 (Public Law 107–306; 116 Stat. 2442) 

14 is amended by striking ‘‘September 1, 2004’’ and in15 serting ‘‘February 1, 2011’’. 

16 (2) EFFECTIVE DATE.—Subject to paragraph 

17 (3), the amendment made by paragraph (1) shall 

18 take effect as if included in the enactment of such 

19 section 1007. 

20 (3) COMMISSION MEMBERSHIP.— 

21 (A) IN GENERAL.—The membership of the 

22 National Commission for the Review of the Re23 search and Development Programs of the 

24 United States Intelligence Community estab25 lished under subsection (a) of section 1002 of 


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1 such Act (Public Law 107–306; 116 Stat. 

2 2438) (referred to in this section as the ‘‘Com3 mission’’) shall be considered vacant and new 

4 members shall be appointed in accordance with 

5 such section 1002, as amended by subpara6 graph (B). 

7 (B) TECHNICAL AMENDMENT.—Paragraph 

8 (1) of section 1002(b) of such Act is amended 

9 by striking ‘‘The Deputy Director of Central 

10 Intelligence for Community Management.’’ and 

11 inserting ‘‘The Principal Deputy Director of 

12 National Intelligence.’’. 

13 (4) CLARIFICATION OF DUTIES.—Section 

14 1002(i) of such Act is amended in the matter pre15 ceding paragraph (1) by striking ‘‘including—’’ and 

16 inserting ‘‘including advanced research and develop17 ment programs and activities. Such review shall in18 clude—’’. 

19 (b) FUNDING.— 

20 (1) IN GENERAL.—Of the amounts authorized 

21 to be appropriated by this Act for the Intelligence 

22 Community Management Account, the Director of 

23 National Intelligence shall make $2,000,000 avail24 able to the Commission to carry out title X of the 


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1 Intelligence Authorization Act for Fiscal Year 2003 

2 (Public Law 107–306; 116 Stat. 2437). 

3 (2) AVAILABILITY.—Amounts made available to 

4 the Commission pursuant to paragraph (1) shall re5 main available until expended. 

6 SEC. 502. CLASSIFICATION REVIEW OF EXECUTIVE BRANCH 

7 MATERIALS IN THE POSSESSION OF THE 

8 CONGRESSIONAL INTELLIGENCE COMMIT9 TEES. 

10 The Director of National Intelligence shall, in accord11 ance with procedures established by each of the congres12 sional intelligence committees, conduct a classification re13 view of materials in the possession of each of those com14 mittees that— 

15 (1) are not less than 25 years old; and 

16 (2) were created, or provided to that committee, 

17 by the executive branch. 

18 SEC. 503. PROHIBITION ON USE OF FUNDS TO PROVIDE MI19 RANDA WARNINGS TO CERTAIN PERSONS 

20 OUTSIDE OF THE UNITED STATES. 

21 None of the funds authorized to be appropriated by 

22 this Act may be used to provide the warnings of constitu23 tional rights described in Miranda v. Arizona, 384 U.S. 

24 436 (U.S. 1966), to a person located outside of the United 

25 States who is not a United States person and is— 


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1 (1) suspected of terrorism, associated with ter2 rorists, or believed to have knowledge of terrorists; 

3 or 

4 (2) a detainee in the custody of the Armed 

5 Forces of the United States. 

6 SEC. 504. SENSE OF CONGRESS HONORING THE CONTRIBU7 TIONS OF THE CENTRAL INTELLIGENCE 

8 AGENCY. 

9 It is the sense of Congress to— 

10 (1) honor the Central Intelligence Agency for 

11 its contributions to the security of the United States 

12 and its allies; 

13 (2) recognize the Central Intelligence Agency’s 

14 unique role in combating terrorism; 

15 (3) praise the Central Intelligence Agency for 

16 its success in foiling recent terrorist plots and cap17 turing senior members of al-Qaeda; 

18 (4) thank the Central Intelligence Agency for 

19 its crucial support of United States military oper20 ations in Afghanistan and Iraq; 

21 (5) commend the men and women who gave 

22 their lives defending the United States in the service 

23 of the Central Intelligence Agency, especially noting 

24 those individuals who remain unnamed; and 


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1 (6) urge the Central Intelligence Agency to con2 tinue its dedicated work in the field of intelligence3 gathering in order to protect the people of the 

4 United States. 

5 SEC. 505. REVIEW OF INTELLIGENCE TO DETERMINE IF 

6 FOREIGN CONNECTION TO ANTHRAX AT7 TACKS EXISTS. 

8 (a) REVIEW.—The Inspector General of the Intel9 ligence Community shall conduct a review of available in10 telligence, including raw and unfinished intelligence, to de11 termine if there is any credible evidence of a connection 

12 between a foreign entity and the attacks on the United 

13 States in 2001 involving anthrax. 

14 (b) REPORT.— 

15 (1) IN GENERAL.—The Inspector General shall 

16 submit to the Permanent Select Committee on Intel17 ligence, the Committee on Homeland Security, and 

18 the Committee on the Judiciary of the House of 

19 Representatives and the Select Committee on Intel20 ligence, the Committee on Homeland Security and 

21 Governmental Affairs, and the Committee on the Ju22 diciary of the Senate a report containing the find23 ings of the review conducted under subsection (a). 


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1 (2) FORM.—The report under paragraph (1) 

2 shall be submitted in unclassified form, but may in3 clude a classified annex. 

4 SEC. 506. CYBERSECURITY TASK FORCE. 

5 (a) ESTABLISHMENT.—There is established a cyber6 security task force (in this section referred to as the ‘‘Task 

7 Force’’). 

8 (b) MEMBERSHIP.— 

9 (1) IN GENERAL.—The Task Force shall con10 sist of the following members: 

11 (A) One member appointed by the Attor12 ney General. 

13 (B) One member appointed by the Director 

14 of the National Security Agency. 

15 (C) One member appointed by the Director 

16 of National Intelligence. 

17 (D) One member appointed by the White 

18 House Cybersecurity Coordinator. 

19 (E) One member appointed by the head of 

20 any other agency or department that is des21 ignated by the Attorney General to appoint a 

22 member to the Task Force. 

23 (2) CHAIR.—The member of the Task Force 

24 appointed pursuant to paragraph (1)(A) shall serve 

25 as the Chair of the Task Force. 


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1 (c) STUDY.—The Task Force shall conduct a study 

2 of existing tools and provisions of law used by the intel3 ligence community and law enforcement agencies to pro4 tect the cybersecurity of the United States. 

5 (d) REPORT.— 

6 (1) INITIAL.—Not later than 1 year after the 

7 date of the enactment of this Act, the Task Force 

8 shall submit to Congress a report containing guide9 lines or legislative recommendations to improve the 

10 capabilities of the intelligence community and law 

11 enforcement agencies to protect the cybersecurity of 

12 the United States. Such report shall include guide13 lines or legislative recommendations on— 

14 (A) improving the ability of the intelligence 

15 community to detect hostile actions and at16 tribute attacks to specific parties; 

17 (B) the need for data retention require18 ments to assist the intelligence community and 

19 law enforcement agencies; 

20 (C) improving the ability of the intelligence 

21 community to anticipate nontraditional targets 

22 of foreign intelligence services; and 

23 (D) the adequacy of existing criminal stat24 utes to successfully deter cyber attacks, includ25 ing statutes criminalizing the facilitation of 


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1 criminal acts, the scope of laws for which a 

2 cyber crime constitutes a predicate offense, 

3 trespassing statutes, data breach notification 

4 requirements, and victim restitution statutes. 

5 (2) SUBSEQUENT.—Not later than 1 year after 

6 the date on which the initial report is submitted 

7 under paragraph (1), and annually thereafter for 2 

8 years, the Task Force shall submit to Congress an 

9 update of the report required under paragraph (1). 

10 (e) TERMINATION.—The Task Force shall terminate 

11 on the date that is 60 days after the date on which the 

12 last update of a report required under subsection (d)(2) 

13 is submitted. 

14 Subtitle B—Technical Amendments 

15 SEC. 511. TECHNICAL AMENDMENTS TO THE CENTRAL IN16 TELLIGENCE AGENCY ACT OF 1949. 

17 The Central Intelligence Agency Act of 1949 (50 

18 U.S.C. 403a et seq.) is amended— 

19 (1) in section 5(a)(1), by striking ‘‘authorized 

20 under paragraphs (2) and (3)’’ and all that follows 

21 through ‘‘(50 U.S.C. 403(a)(2), (3), 403–3(c)(7), 

22 (d), 403–4(a), (g), and 405)’’ and inserting ‘‘author23 ized under section 104A of the National Security 

24 Act of 1947 (50 U.S.C. 403–4a)’’; and 

25 (2) in section 17(d)(3)(B)— 


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1 (A) in clause (i), by striking ‘‘advise’’ and 

2 inserting ‘‘advice’’; and 

3 (B) in clause (ii)— 

4 (i) in subclause (I), by striking ‘‘Exec5 utive Director’’ and inserting ‘‘Associate 

6 Deputy Director’’; 

7 (ii) in subclause (II), by striking 

8 ‘‘Deputy Director for Operations’’ and in9 serting ‘‘Director of the National Clandes10 tine Service’’; 

11 (iii) in subclause (III), by striking 

12 ‘‘Deputy Director for Intelligence’’ and in13 serting ‘‘Director of Intelligence’’; 

14 (iv) in subclause (IV), by striking 

15 ‘‘Deputy Director for Administration’’ and 

16 inserting ‘‘Director of Support’’; and 

17 (v) in subclause (V), by striking 

18 ‘‘Deputy Director for Science and Tech19 nology’’ and inserting ‘‘Director of Science 

20 and Technology’’. 


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1 SEC. 512. TECHNICAL AMENDMENT TO MANDATORY RE2 TIREMENT PROVISION OF CENTRAL INTEL3 LIGENCE AGENCY RETIREMENT ACT. 

4 Section 235(b)(1)(A) of the Central Intelligence 

5 Agency Retirement Act (50 U.S.C. 2055(b)(1)(A)) is 

6 amended to read as follows: 

7 ‘‘(A) Upon reaching age 65, in the case of 

8 a participant in the system who is at the Senior 

9 Intelligence Service rank of level 4 or above; 

10 and’’. 

11 SEC. 513. TECHNICAL AMENDMENTS TO THE EXECUTIVE 

12 SCHEDULE. 

13 (a) EXECUTIVE SCHEDULE LEVEL II.—Section 5313 

14 of title 5, United States Code, is amended by striking the 

15 item relating to the Director of Central Intelligence and 

16 inserting the following new item: 

17 ‘‘Director of the Central Intelligence Agency.’’. 

18 (b) EXECUTIVE SCHEDULE LEVEL IV.—Section 

19 5315 of title 5, United States Code is amended by striking 

20 the item relating to the General Counsel of the Office of 

21 the National Intelligence Director and inserting the fol22 lowing new item: 

23 ‘‘General Counsel of the Office of the Director of Na24 tional Intelligence.’’. 


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1 SEC. 514. TECHNICAL AMENDMENTS TO THE FOREIGN IN2 TELLIGENCE SURVEILLANCE ACT OF 1978. 

3 The Foreign Intelligence Surveillance Act of 1978 

4 (50 U.S.C. 1801 et seq.) is amended— 

5 (1) in section 101— 

6 (A) in subsection (a), by moving paragraph 

7 (7) 2 ems to the right; and 

8 (B) by moving subsections (b) through (p) 

9 2 ems to the right; 

10 (2) in section 103, by redesignating subsection 

11 (i) as subsection (h); 

12 (3) in section 109(a)— 

13 (A) in paragraph (1), by striking ‘‘section 

14 112.;’’ and inserting ‘‘section 112;’’; and 

15 (B) in paragraph (2), by striking the sec16 ond period; 

17 (4) in section 301(1), by striking ‘‘ ‘United 

18 States’ ’’ and all that follows through ‘‘and ‘State’ ’’ 

19 and inserting ‘‘ ‘United States’, ‘person’, ‘weapon of 

20 mass destruction’, and ‘State’ ’’; 

21 (5) in section 304(b), by striking ‘‘subsection 

22 (a)(3)’’ and inserting ‘‘subsection (a)(2)’’; and 

23 (6) in section 502(a), by striking ‘‘a annual’’ 

24 and inserting ‘‘an annual’’. 


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1 SEC. 515. TECHNICAL AMENDMENTS TO SECTION 105 OF 

2 THE INTELLIGENCE AUTHORIZATION ACT 

3 FOR FISCAL YEAR 2004. 

4 Section 105(b) of the Intelligence Authorization Act 

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

6 2603; 31 U.S.C. 311 note) is amended— 

7 (1) by striking ‘‘Director of Central Intel8 ligence’’ and inserting ‘‘Director of National Intel9 ligence’’; and 

10 (2) by inserting ‘‘or in section 313 of such 

11 title,’’ after ‘‘subsection (a)),’’. 

12 SEC. 516. TECHNICAL AMENDMENTS TO THE INTEL13 LIGENCE REFORM AND TERRORISM PREVEN14 TION ACT OF 2004. 

15 The Intelligence Reform and Terrorism Prevention 

16 Act of 2004 (Public Law 108–458; 118 Stat. 3638) is 

17 amended— 

18 (1) in section 1016(e)(10)(B) (6 U.S.C. 

19 485(e)(10)(B)), by striking ‘‘Attorney General’’ the 

20 second place it appears and inserting ‘‘Department 

21 of Justice’’; 

22 (2) in section 2001 (28 U.S.C. 532 note)— 

23 (A) in subsection (c)(1)— 

24 (i) by striking ‘‘shall,’’ and inserting 

25 ‘‘shall’’; and 


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1 (ii) by inserting ‘‘of’’ before ‘‘an insti2 tutional culture’’; 

3 (B) in subsection (e)(2), by striking ‘‘the 

4 National Intelligence Director in a manner con5 sistent with section 112(e)’’ and inserting ‘‘the 

6 Director of National Intelligence in a manner 

7 consistent with applicable law’’; and 

8 (C) in subsection (f) in the matter pre9 ceding paragraph (1), by striking ‘‘shall,’’ and 

10 inserting ‘‘shall’’; and 

11 (3) in section 2006 (28 U.S.C. 509 note)— 

12 (A) in paragraph (2), by striking ‘‘the 

13 Federal’’ and inserting ‘‘Federal’’; and 

14 (B) in paragraph (3), by striking ‘‘the spe15 cific’’ and inserting ‘‘specific’’. 

16 SEC. 517. TECHNICAL AMENDMENTS RELATING TO THE 

17 MULTIYEAR NATIONAL INTELLIGENCE PRO18 GRAM. 

19 Section 1403 of the National Defense Authorization 

20 Act for Fiscal Year 1991 (50 U.S.C. 404b) is amended— 

21 (1) in the heading, by striking ‘‘FOREIGN’’; 

22 (2) in subsection (a)— 

23 (A) in the heading, by striking ‘‘FOR24 EIGN’’; 


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1 (B) by striking ‘‘foreign’’ each place it ap2 pears; and 

3 (C) by striking ‘‘Director of Central Intel4 ligence’’ and inserting ‘‘Director of National In5 telligence’’; 

6 (3) in subsection (b), by striking ‘‘The Direc7 tor’’ and inserting ‘‘The Director of National Intel8 ligence’’; and 

9 (4) in subsection (c)— 

10 (A) by striking ‘‘Director of Central Intel11 ligence’’ and inserting ‘‘Director of National In12 telligence’’; and 

13 (B) by striking ‘‘section 114a’’ and insert14 ing ‘‘section 221’’. 

15 SEC. 518. TECHNICAL AMENDMENTS TO THE NATIONAL SE16 CURITY ACT OF 1947. 

17 The National Security Act of 1947 (50 U.S.C. 401 

18 et seq.) is further amended— 

19 (1) section 3(4)(L), by striking ‘‘other’’ the sec20 ond place it appears; 

21 (2) in section 102A— 

22 (A) in subsection (c)(3)(A), by striking 

23 ‘‘annual budgets for the Joint Military Intel24 ligence Program and for Tactical Intelligence 

25 and Related Activities’’ and inserting ‘‘annual 


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1 budget for the Military Intelligence Program or 

2 any successor program’’; 

3 (B) in subsection (d)— 

4 (i) in paragraph (1)(B), by striking 

5 ‘‘Joint Military Intelligence Program’’ and 

6 inserting ‘‘Military Intelligence Program or 

7 any successor program’’; 

8 (ii) in paragraph (3) in the matter 

9 preceding subparagraph (A), by striking 

10 ‘‘subparagraph (A)’’ and inserting ‘‘para11 graph (1)(A)’’; and 

12 (iii) in paragraph (5)— 

13 (I) in subparagraph (A), by strik14 ing ‘‘or personnel’’ in the matter pre15 ceding clause (i); and 

16 (II) in subparagraph (B), by 

17 striking ‘‘or agency involved’’ in the 

18 second sentence and inserting ‘‘in19 volved or the Director of the Central 

20 Intelligence Agency (in the case of the 

21 Central Intelligence Agency)’’; 

22 (C) in subsection (l)(2)(B), by striking 

23 ‘‘section’’ and inserting ‘‘paragraph’’; and 

24 (D) in subsection (n), by inserting ‘‘AND

25 OTHER’’ after ‘‘ACQUISITION’’; 


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1 (3) in section 103(b), by striking ‘‘, the Na2 tional Security Act of 1947 (50 U.S.C. 401 et 

3 seq.),’’; 

4 (4) in section 104A(g)(1) in the matter pre5 ceding subparagraph (A), by striking ‘‘Directorate of 

6 Operations’’ and inserting ‘‘National Clandestine 

7 Service’’; 

8 (5) in section 119(c)(2)(B) (50 U.S.C. 

9 404o(c)(2)(B)), by striking ‘‘subsection (h)’’ and in10 serting ‘‘subsection (i)’’; 

11 (6) in section 701(b)(1), by striking ‘‘Direc12 torate of Operations’’ and inserting ‘‘National Clan13 destine Service’’; 

14 (7) in section 705(e)(2)(D)(i) (50 U.S.C. 

15 432c(e)(2)(D)(i)), by striking ‘‘responsible’’ and in16 serting ‘‘responsive’’; and 

17 (8) in the table of contents in the first sec18 tion— 

19 (A) by striking the item relating to section 

20 1002; and 

21 (B) by inserting after the item relating to 

22 section 1001 the following new item: 

‘‘Sec. 1002. Framework for cross-disciplinary education and training.’’. 


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1 SEC. 519. TECHNICAL AMENDMENTS TO TITLE 10, UNITED 

2 STATES CODE. 

3 Section 528(c) of title 10, United States Code, is 

4 amended— 

5 (1) in the heading, by striking ‘‘ASSOCIATE DI6 RECTOR OF CIA FOR MILITARY AFFAIRS’’ and in7 serting ‘‘ASSOCIATE DIRECTOR OF MILITARY AF8 FAIRS, CIA’’; and 

9 (2) by striking ‘‘Associate Director of the Cen10 tral Intelligence Agency for Military Affairs’’ and in11 serting ‘‘Associate Director of Military Affairs, Cen12 tral Intelligence Agency, or any successor position’’. 

Passed the House of Representatives February 26, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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