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(4) a description of specific diversity awareness 
training and education programs for senior officials 
and managers of each such element; and 
(5) a description of performance metrics to 
measure the success of carrying out the plans, initia-
tives, and programs described in paragraphs (1) 
through (4). 
(c) FORM.—The report required by subsection (a) shall 
be submitted in unclassified form, but may include a classi-
fied annex. 
SEC. 339. REPORT ON INTELLIGENCE COMMUNITY CON-
TRACTORS. 
(a) REQUIREMENT FOR REPORT.—Not later than Feb-
ruary 1, 2011, the Director of National Intelligence shall 
submit to the congressional intelligence committees and the 
Committees on Armed Services of the House of Representa-
tives and the Senate a report describing the use of personal 
services contracts across the intelligence community, the im-
pact of the use of such contracts on the intelligence commu-
nity workforce, plans for conversion of contractor employ-
ment into United States Government employment, and the 
accountability mechanisms that govern the performance of 
such personal services contracts. 
(b) CONTENT.—
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† HR 2701 EAS 
(1) IN GENERAL.—The report submitted under 
subsection (a) shall include— 
(A) a description of any relevant regula-
tions or guidance issued by the Director of Na-
tional Intelligence or the head of an element of 
the intelligence community and in effect as of 
February 1, 2011, relating to minimum stand-
ards required regarding the hiring, training, se-
curity clearance, and assignment of contract per-
sonnel and how those standards may differ from 
those for United States Government employees 
performing substantially similar functions; 
(B) an identification of contracts in effect 
during the preceding fiscal year under which the 
contractor is performing substantially similar 
functions to a United States Government em-
ployee; 
(C) an assessment of costs incurred or sav-
ings achieved during the preceding fiscal year by 
awarding contracts for the performance of such 
functions referred to in subparagraph (B) in-
stead of using full-time employees of the elements 
of the intelligence community to perform such 
functions;
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† HR 2701 EAS 
(D) an assessment of the appropriateness of 
using contractors to perform the activities de-
scribed in paragraph (2); 
(E) an estimate of the number of contracts, 
and the number of personnel working under such 
contracts, related to the performance of activities 
described in paragraph (2); 
(F) a comparison of the compensation of 
contract employees and United States Govern-
ment employees performing substantially similar 
functions during the preceding fiscal year; 
(G) an analysis of the attrition of United 
States Government employees for contractor posi-
tions that provide substantially similar functions 
during the preceding fiscal year; 
(H) a description of positions that have 
been or will be converted from contractor em-
ployment to United States Government employ-
ment during fiscal years 2011 and 2012; 
(I) an analysis of the oversight and ac-
countability mechanisms applicable to personal 
services contracts awarded for intelligence activi-
ties by each element of the intelligence commu-
nity during fiscal years 2009 and 2010;
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† HR 2701 EAS 
(J) an analysis of procedures in use in the 
intelligence community as of February 1, 2011, 
for conducting oversight of contractors to ensure 
identification and prosecution of criminal viola-
tions, financial waste, fraud, or other abuses 
committed by contractors or contract personnel; 
and 
(K) an identification of best practices for 
oversight and accountability mechanisms appli-
cable to personal services contracts. 
(2) ACTIVITIES.—Activities described in this 
paragraph are the following: 
(A) Intelligence collection. 
(B) Intelligence analysis. 
(C) Covert actions, including rendition, de-
tention, and interrogation activities. 
SEC. 340. STUDY ON ELECTRONIC WASTE DESTRUCTION 
PRACTICES OF THE INTELLIGENCE COMMU-
NITY. 
(a) STUDY.—The Inspector General of the Intelligence 
Community shall conduct a study on the electronic waste 
destruction practices of the intelligence community. Such 
study shall assess— 
(1) the security of the electronic waste disposal 
practices of the intelligence community, including the
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† HR 2701 EAS 
potential for counterintelligence exploitation of de-
stroyed, discarded, or recycled materials; 
(2) the environmental impact of such disposal 
practices; and 
(3) methods to improve the security and environ-
mental impact of such disposal practices, including 
steps to prevent the forensic exploitation of electronic 
waste. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Inspector General of the 
Intelligence Community shall submit to the congressional 
intelligence committees a report containing the results of 
the study conducted under subsection (a). 
SEC. 341. REVIEW OF RECORDS RELATING TO POTENTIAL 
HEALTH RISKS AMONG DESERT STORM VET-
ERANS. 
(a) REVIEW.—The Director of the Central Intelligence 
Agency shall conduct a classification review of the records 
of the Agency that are relevant to the known or potential 
health effects suffered by veterans of Operation Desert Storm 
as described in the November 2008, report by the Depart-
ment of Veterans Affairs Research Advisory Committee on 
Gulf War Veterans’ Illnesses. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Director of the Central In-
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† HR 2701 EAS 
telligence Agency shall submit to Congress the results of the 
classification review conducted under subsection (a), in-
cluding the total number of records of the Agency that are 
relevant. 
(c) FORM.—The report required under subsection (b) 
shall be submitted in unclassified form, but may include 
a classified annex. 
SEC. 342. REVIEW OF FEDERAL BUREAU OF INVESTIGATION 
EXERCISE OF ENFORCEMENT JURISDICTION 
IN FOREIGN NATIONS. 
Not later than 120 days after the date of the enactment 
of this Act, the Director of the Federal Bureau of Investiga-
tion, in consultation with the Secretary of State, shall sub-
mit to Congress a review of constraints under international 
law and the laws of foreign nations to the assertion of en-
forcement jurisdiction with respect to criminal investiga-
tions of terrorism offenses under the laws of the United 
States conducted by agents of the Federal Bureau of Inves-
tigation in foreign nations and using funds made available 
for the National Intelligence Program, including con-
straints identified in section 432 of the Restatement (Third) 
of the Foreign Relations Law of the United States.
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† HR 2701 EAS 
SEC. 343. PUBLIC RELEASE OF INFORMATION ON PROCE-
DURES USED IN NARCOTICS AIRBRIDGE DE-
NIAL PROGRAM IN PERU. 
Not later than 30 days after the date of the enactment 
of this Act, the Director of the Central Intelligence Agency 
shall make publicly available an unclassified version of the 
report of the Inspector General of the Central Intelligence 
Agency entitled ‘‘Procedures Used in Narcotics Airbridge 
Denial Program in Peru, 1995–2001’’, dated August 25, 
2008. 
SEC. 344. REPORT ON THREAT FROM DIRTY BOMBS. 
Not later than 180 days after the date of the enactment 
of this Act, the Director of National Intelligence, in con-
sultation with the Nuclear Regulatory Commission, shall 
submit to Congress a report summarizing intelligence re-
lated to the threat to the United States from weapons that 
use radiological materials, including highly dispersible sub-
stances such as cesium-137. 
SEC. 345. REPORT ON CREATION OF SPACE INTELLIGENCE 
OFFICE. 
Not later than 60 days after the date of the enactment 
of this Act, the Director of National Intelligence shall sub-
mit to Congress a report on the feasibility and advisability 
of creating a national space intelligence office to manage 
space-related intelligence assets and access to such assets.
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SEC. 346. REPORT ON ATTEMPT TO DETONATE EXPLOSIVE 
DEVICE ON NORTHWEST AIRLINES FLIGHT 
253. 
Not later than 180 days after the date of the enactment 
of this Act, the Director of National Intelligence shall sub-
mit to Congress a report on the attempt to detonate an ex-
plosive device aboard Northwest Airlines flight number 253 
on December 25, 2009. Such report shall describe the fail-
ures, if any, to share or analyze intelligence or other infor-
mation and the measures that the intelligence community 
has taken or will take to prevent such failures, including— 
(1) a description of the roles and responsibilities 
of the counterterrorism analytic components of the in-
telligence community in synchronizing, correlating, 
and analyzing all sources of intelligence related to 
terrorism; 
(2) an assessment of the technological capabili-
ties of the United States Government to assess ter-
rorist threats, including— 
(A) a list of all databases used by counter-
terrorism analysts; 
(B) a description of the steps taken by the 
intelligence community to integrate all relevant 
terrorist databases and allow for cross-database 
searches;
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† HR 2701 EAS 
(C) a description of the steps taken by the 
intelligence community to correlate biographic 
information with terrorism-related intelligence; 
and 
(D) a description of the improvements to 
information technology needed to enable the 
United States Government to better share infor-
mation; 
(3) any recommendations that the Director con-
siders appropriate for legislation to improve the shar-
ing of intelligence or information relating to terror-
ists; 
(4) a description of the steps taken by the intel-
ligence community to train analysts on watchlisting 
processes and procedures; 
(5) a description of the manner in which 
watchlisting 
information 
is 
entered, 
reviewed, 
searched, analyzed, and acted upon by the relevant 
elements of the United States Government; 
(6) a description of the steps the intelligence 
community is taking to enhance the rigor and raise 
the standard of tradecraft of intelligence analysis re-
lated to uncovering and preventing terrorist plots; 
(7) a description of the processes and procedures 
by which the intelligence community prioritizes ter-
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† HR 2701 EAS 
rorism threat leads and the standards used by ele-
ments of the intelligence community to determine if 
follow-up action is appropriate; 
(8) a description of the steps taken to enhance 
record information on possible terrorists in the Ter-
rorist Identities Datamart Environment; 
(9) an assessment of how to meet the challenge 
associated with exploiting the ever-increasing volume 
of information available to the intelligence commu-
nity; and 
(10) a description of the steps the intelligence 
community has taken or will take to respond to any 
findings and recommendations of the congressional 
intelligence committees, with respect to any such fail-
ures, that have been transmitted to the Director of 
National Intelligence. 
SEC. 347. REPEAL OR MODIFICATION OF CERTAIN REPORT-
ING REQUIREMENTS. 
(a) ANNUAL REPORT ON INTELLIGENCE.—Section 109 
of the National Security Act of 1947 (50 U.S.C. 404d) is 
repealed. 
(b) ANNUAL AND SPECIAL REPORTS ON INTELLIGENCE 
SHARING WITH THE UNITED NATIONS.—Section 112 of the 
National Security Act of 1947 (50 U.S.C. 404g) is amend-
ed—
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† HR 2701 EAS 
(1) by striking subsection (b); and 
(2) by redesignating subsections (c), (d), and (e) 
as subsections (b), (c), and (d), respectively. 
(c) ANNUAL REPORT ON PROGRESS IN AUDITABLE FI-
NANCIAL STATEMENTS.—Section 114A of the National Se-
curity Act of 1947 (50 U.S.C. 404i–1) is repealed. 
(d) REPORT ON FINANCIAL INTELLIGENCE ON TER-
RORIST ASSETS.—Section 118 of the National Security Act 
of 1947 (50 U.S.C. 404m) is amended— 
(1) in the heading, by striking ‘‘SEMIANNUAL’’ 
and inserting ‘‘ANNUAL’’; 
(2) in subsection (a)— 
(A) in the heading, by striking ‘‘SEMI-
ANNUAL’’ and inserting ‘‘ANNUAL’’; 
(B) in the matter preceding paragraph 
(1)— 
(i) by striking ‘‘semiannual basis’’ and 
inserting ‘‘annual basis’’; and 
(ii) by striking ‘‘preceding six-month 
period’’ and inserting ‘‘preceding one-year 
period’’; 
(C) by striking paragraph (2); and 
(D) by redesignating paragraphs (3) and 
(4) as paragraphs (2) and (3), respectively; and 
(3) in subsection (d)—
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† HR 2701 EAS 
(A) in paragraph (1), by inserting ‘‘the 
Committee on Armed Services,’’ after ‘‘the Com-
mittee on Appropriations,’’; and 
(B) in paragraph (2), by inserting ‘‘the 
Committee on Armed Services,’’ after ‘‘the Com-
mittee on Appropriations,’’. 
(e) ANNUAL
CERTIFICATION
ON
COUNTERINTEL-
LIGENCE INITIATIVES.—Section 1102(b) of the National Se-
curity Act of 1947 (50 U.S.C. 442a(b)) is amended— 
(1) by striking ‘‘(1)’’; and 
(2) by striking paragraph (2). 
(f) REPORT AND CERTIFICATION UNDER TERRORIST 
IDENTIFICATION CLASSIFICATION SYSTEM.—Section 343 of 
the Intelligence Authorization Act for Fiscal Year 2003 (50 
U.S.C. 404n–2) is amended— 
(1) by striking subsection (d); and 
(2) by redesignating subsections (e), (f), (g), and 
(h) as subsections (d), (e), (f), and (g), respectively. 
(g) ANNUAL
REPORT
ON
COUNTERDRUG
INTEL-
LIGENCE MATTERS.—Section 826 of the Intelligence Au-
thorization Act for Fiscal Year 2003 (Public Law 107–306; 
21 U.S.C. 873 note) is repealed. 
(h) BIENNIAL REPORT ON FOREIGN INDUSTRIAL ESPI-
ONAGE.—Subsection (b) of section 809 of the Intelligence
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† HR 2701 EAS 
Authorization Act for Fiscal Year 1995 (50 U.S.C. App. 
2170b) is amended— 
(1) in the heading, by striking ‘‘ANNUAL UP-
DATE’’ and inserting ‘‘BIENNIAL REPORT’’; 
(2) by striking paragraphs (1) and (2) and in-
serting the following new paragraph: 
‘‘(1) REQUIREMENT TO SUBMIT.—Not later than 
February 1, 2011, and once every two years there-
after, the President shall submit to the congressional 
intelligence committees and congressional leadership a 
report updating the information referred to in sub-
section (a)(1)D).’’; and 
(3) by redesignating paragraph (3) as para-
graph (2). 
(i) TABLE OF CONTENTS AMENDMENTS.— 
(1) NATIONAL
SECURITY
ACT
OF 1947.—The 
table of contents in the first section of the National 
Security Act of 1947, as amended by section 332 of 
this Act, is further amended— 
(A) by striking the item relating to section 
109; 
(B) by striking the item relating to section 
114A; and 
(C) by striking the item relating to section 
118 and inserting the following new item: 
‘‘Sec. 118. Annual report on financial intelligence on terrorist assets.’’.
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† HR 2701 EAS 
(2) INTELLIGENCE AUTHORIZATION ACT FOR FIS-
CAL YEAR 2003.—The table of contents in the first 
section of the Intelligence Authorization Act for Fiscal 
Year 2003 (Public Law 107–306; 116 Stat. 2383) is 
amended by striking the item relating to section 826. 
SEC. 348. INFORMATION ACCESS BY THE COMPTROLLER 
GENERAL OF THE UNITED STATES. 
(a) DNI DIRECTIVE GOVERNING ACCESS.— 
(1) REQUIREMENT FOR DIRECTIVE.—The Direc-
tor of National Intelligence, in consultation with the 
Comptroller General of the United States, shall issue 
a written directive governing the access of the Comp-
troller General to information in the possession of an 
element of the intelligence community. 
(2) AMENDMENT TO DIRECTIVE.—The Director of 
National Intelligence, in consultation with the Comp-
troller General, may issue an amendment to the direc-
tive issued under paragraph (1) at any time the Di-
rector determines such an amendment is appropriate. 
(3) RELATIONSHIP TO OTHER LAWS.—The direc-
tive issued under paragraph (1) and any amendment 
to such directive issued under paragraph (2) shall be 
consistent with the provisions of— 
(A) chapter 7 of title 31, United States 
Code; and
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† HR 2701 EAS 
(B) the National Security Act of 1947 (50 
U.S.C. 401 et seq.). 
(b) CONFIDENTIALITY OF INFORMATION.— 
(1) REQUIREMENT FOR CONFIDENTIALITY.—The 
Comptroller General of the United States shall ensure 
that the level of confidentiality of information made 
available to the Comptroller General pursuant to the 
directive issued under subsection (a)(1) or an amend-
ment to such directive issued under subsection (a)(2) 
is not less than the level of confidentiality of such in-
formation required of the head of the element of the 
intelligence community from which such information 
was obtained. 
(2) PENALTIES
FOR
UNAUTHORIZED
DISCLO-
SURE.—An officer or employee of the Government Ac-
countability Office shall be subject to the same statu-
tory penalties for unauthorized disclosure or use of 
such information as an officer or employee of the ele-
ment of the intelligence community from which such 
information was obtained. 
(c) SUBMISSION TO CONGRESS.— 
(1) SUBMISSION OF DIRECTIVE.—The directive 
issued under subsection (a)(1) shall be submitted to 
Congress by the Director of National Intelligence, to-
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† HR 2701 EAS 
gether with any comments of the Comptroller General 
of the United States, no later than May 1, 2011. 
(2) SUBMISSION OF AMENDMENT.—Any amend-
ment to such directive issued under subsection (a)(2) 
shall be submitted to Congress by the Director, to-
gether with any comments of the Comptroller General. 
(d) EFFECTIVE DATE.—The directive issued under 
subsection (a)(1) and any amendment to such directive 
issued under subsection (a)(2) shall take effect 60 days after 
the date such directive or amendment is submitted to Con-
gress under subsection (c), unless the Director determines 
that for reasons of national security the directive or amend-
ment should take effect sooner. 
SEC. 349. CONFORMING AMENDMENTS FOR REPORT SUB-
MISSION DATES. 
Section 507 of the National Security Act of 1947 (50 
U.S.C. 415b) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking subparagraphs (A), (B), 
and (G); 
(ii) by redesignating subparagraphs 
(C), (D), (E), (F), (H), (I), and (N) as sub-
paragraphs (A), (B), (C), (D), (E), (F), and 
(G), respectively; and
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† HR 2701 EAS 
(iii) by adding at the end the following 
new subparagraphs: 
‘‘(H) The annual report on outside employment 
of employees of elements of the intelligence community 
required by section 102A(u)(2). 
‘‘(I) The annual report on financial intelligence 
on terrorist assets required by section 118.’’; and 
(B) in paragraph (2), by striking subpara-
graphs (C) and (D); and 
(2) in subsection (b), by striking paragraph (6). 
Subtitle E—Other Matters 
SEC. 361. EXTENSION OF AUTHORITY TO DELETE INFORMA-
TION ABOUT RECEIPT AND DISPOSITION OF 
FOREIGN GIFTS AND DECORATIONS. 
Paragraph (4) of section 7342(f) of title 5, United 
States Code, is amended to read as follows: 
‘‘(4)(A) In transmitting such listings for an element 
of the intelligence community, the head of such element may 
delete the information described in subparagraph (A) or (C) 
of paragraph (2) or in subparagraph (A) or (C) of para-
graph (3) if the head of such element certifies in writing 
to the Secretary of State that the publication of such infor-
mation could adversely affect United States intelligence 
sources or methods.
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† HR 2701 EAS 
‘‘(B) Any information not provided to the Secretary 
of State pursuant to the authority in subparagraph (A) 
shall be transmitted to the Director of National Intelligence 
who shall keep a record of such information. 
‘‘(C) In this paragraph, the term ‘intelligence commu-
nity’ has the meaning given that term in section 3(4) of 
the National Security Act of 1947 (50 U.S.C. 401a(4)).’’. 
SEC. 362. MODIFICATION OF AVAILABILITY OF FUNDS FOR 
DIFFERENT INTELLIGENCE ACTIVITIES. 
Subparagraph (B) of section 504(a)(3) of the National 
Security Act of 1947 (50 U.S.C. 414(a)(3)) is amended to 
read as follows: 
‘‘(B) the use of such funds for such activity sup-
ports an emergent need, improves program effective-
ness, or increases efficiency; and’’. 
SEC. 363. PROTECTION OF CERTAIN NATIONAL SECURITY 
INFORMATION. 
(a) INCREASE IN PENALTIES FOR DISCLOSURE OF UN-
DERCOVER INTELLIGENCE OFFICERS AND AGENTS.— 
(1) DISCLOSURE OF AGENT AFTER ACCESS TO 
INFORMATION IDENTIFYING AGENT.—Subsection (a) of 
section 601 of the National Security Act of 1947 (50 
U.S.C. 421) is amended by striking ‘‘ten years’’ and 
inserting ‘‘15 years’’.
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† HR 2701 EAS 
(2) DISCLOSURE OF AGENT AFTER ACCESS TO 
CLASSIFIED
INFORMATION.—Subsection (b) of such 
section is amended by striking ‘‘five years’’ and in-
serting ‘‘10 years’’. 
(b) MODIFICATIONS TO ANNUAL REPORT ON PROTEC-
TION OF INTELLIGENCE IDENTITIES.—The first sentence of 
section 603(a) of the National Security Act of 1947 (50 
U.S.C. 423(a)) is amended by inserting ‘‘including an as-
sessment of the need, if any, for modification of this title 
for the purpose of improving legal protections for covert 
agents,’’ after ‘‘measures to protect the identities of covert 
agents,’’. 
SEC. 364. NATIONAL INTELLIGENCE PROGRAM BUDGET. 
Section 601 of the Implementing Recommendations of 
the 9/11 Commission Act of 2007 (50 U.S.C. 415c) is 
amended to read as follows: 
‘‘SEC. 601. AVAILABILITY TO PUBLIC OF CERTAIN INTEL-
LIGENCE FUNDING INFORMATION. 
‘‘(a) BUDGET REQUEST.—At the time that the Presi-
dent submits to Congress the budget for a fiscal year pursu-
ant to section 1105 of title 31, United States Code, the 
President shall disclose to the public the aggregate amount 
of appropriations requested for that fiscal year for the Na-
tional Intelligence Program.
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† HR 2701 EAS 
(a), at the time of the submission of the budget 
for the fiscal year for which such disclosure is 
waived or postponed; and 
‘‘(B) in the case of a waiver or postpone-
ment of a disclosure required under subsection 
(b), not later than 30 days after the date of the 
end of the fiscal year for which such disclosure 
is waived or postponed. 
‘‘(d) DEFINITION.—As used in this section, the term 
‘National Intelligence Program’ has the meaning given the 
term in section 3(6) of the National Security Act of 1947 
(50 U.S.C. 401a(6)).’’. 
SEC. 365. IMPROVING THE REVIEW AUTHORITY OF THE 
PUBLIC 
INTEREST 
DECLASSIFICATION 
BOARD. 
Paragraph (5) of section 703(b) of the Public Interest 
Declassification Act of 2000 (50 U.S.C. 435 note) is amend-
ed— 
(1) by striking ‘‘jurisdiction,’’ and inserting ‘‘ju-
risdiction or by a member of the committee of juris-
diction,’’; and 
(2) by inserting ‘‘, to evaluate the proper classi-
fication of certain records,’’ after ‘‘certain records’’.
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† HR 2701 EAS 
SEC. 366. AUTHORITY TO DESIGNATE UNDERCOVER OPER-
ATIONS 
TO 
COLLECT 
FOREIGN 
INTEL-
LIGENCE OR COUNTERINTELLIGENCE. 
Paragraph (1) of section 102(b) of the Department of 
Justice and Related Agencies Appropriations Act, 1993 
(Public Law 102–395; 28 U.S.C. 533 note) is amended in 
the flush text following subparagraph (D) by striking ‘‘(or, 
if designated by the Director, the Assistant Director, Intel-
ligence Division) and the Attorney General (or, if des-
ignated by the Attorney General, the Assistant Attorney 
General for National Security)’’ and inserting ‘‘(or a des-
ignee of the Director who is in a position not lower than 
Deputy Assistant Director in the National Security Branch 
or a similar successor position) and the Attorney General 
(or a designee of the Attorney General who is in the Na-
tional Security Division in a position not lower than Dep-
uty Assistant Attorney General or a similar successor posi-
tion)’’. 
SEC. 367. SECURITY CLEARANCES: REPORTS; RECIPROCITY. 
(a) REPORTS RELATING TO SECURITY CLEARANCES.— 
(1) QUADRENNIAL AUDIT; SECURITY CLEARANCE 
DETERMINATIONS.— 
(A) IN GENERAL.—Title V of the National 
Security Act of 1947 (50 U.S.C. 413 et seq.), as 
amended by section 325 of this Act, is further 
amended by inserting after section 506G, as
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† HR 2701 EAS 
added by section 325(a), the following new sec-
tion: 
‘‘REPORTS ON SECURITY CLEARANCES 
‘‘SEC. 506H. (a) QUADRENNIAL AUDIT OF POSITION 
REQUIREMENTS.—(1) The President shall every four years 
conduct an audit of the manner in which the executive 
branch determines whether a security clearance is required 
for a particular position in the United States Government. 
‘‘(2) Not later than 30 days after the completion of 
an audit conducted under paragraph (1), the President 
shall submit to Congress the results of such audit. 
‘‘(b) REPORT ON SECURITY CLEARANCE DETERMINA-
TIONS.—(1) Not later than February 1 of each year, the 
President shall submit to Congress a report on the security 
clearance process. Such report shall include, for each secu-
rity clearance level— 
‘‘(A) the number of employees of the United 
States Government who— 
‘‘(i) held a security clearance at such level 
as of October 1 of the preceding year; and 
‘‘(ii) were approved for a security clearance 
at such level during the preceding fiscal year; 
‘‘(B) the number of contractors to the United 
States Government who— 
‘‘(i) held a security clearance at such level 
as of October 1 of the preceding year; and
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† HR 2701 EAS 
‘‘(ii) were approved for a security clearance 
at such level during the preceding fiscal year; 
and 
‘‘(C) for each element of the intelligence commu-
nity— 
‘‘(i) the total amount of time it took to 
process the security clearance determination for 
such level that— 
‘‘(I) was among the 80 percent of secu-
rity clearance determinations made during 
the preceding fiscal year that took the short-
est amount of time to complete; and 
‘‘(II) took the longest amount of time 
to complete; 
‘‘(ii) the total amount of time it took to 
process the security clearance determination for 
such level that— 
‘‘(I) was among the 90 percent of secu-
rity clearance determinations made during 
the preceding fiscal year that took the short-
est amount of time to complete; and 
‘‘(II) took the longest amount of time 
to complete; 
‘‘(iii) the number of pending security clear-
ance investigations for such level as of October 1
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† HR 2701 EAS 
of the preceding year that have remained pend-
ing for— 
‘‘(I) 4 months or less; 
‘‘(II) between 4 months and 8 months; 
‘‘(III) between 8 months and one year; 
and 
‘‘(IV) more than one year; 
‘‘(iv) the percentage of reviews during the 
preceding fiscal year that resulted in a denial or 
revocation of a security clearance; 
‘‘(v) the percentage of investigations during 
the preceding fiscal year that resulted in incom-
plete information; 
‘‘(vi) the percentage of investigations during 
the preceding fiscal year that did not result in 
enough information to make a decision on poten-
tially adverse information; and 
‘‘(vii) for security clearance determinations 
completed or pending during the preceding fiscal 
year that have taken longer than one year to 
complete— 
‘‘(I) the number of security clearance 
determinations for positions as employees of 
the United States Government that required 
more than one year to complete;
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† HR 2701 EAS 
‘‘(II) the number of security clearance 
determinations for contractors that required 
more than one year to complete; 
‘‘(III) the agencies that investigated 
and adjudicated such determinations; and 
‘‘(IV) the cause of significant delays in 
such determinations. 
‘‘(2) For purposes of paragraph (1), the President may 
consider— 
‘‘(A) security clearances at the level of confiden-
tial and secret as one security clearance level; and 
‘‘(B) security clearances at the level of top secret 
or higher as one security clearance level. 
‘‘(c) FORM.—The results required under subsection 
(a)(2) and the reports required under subsection (b)(1) shall 
be submitted in unclassified form, but may include a classi-
fied annex.’’. 
(B) INITIAL
AUDIT.—The first audit re-
quired to be conducted under section 506H(a)(1) 
of the National Security Act of 1947, as added 
by subparagraph (A) of this paragraph, shall be 
completed not later than February 1, 2011. 
(C) TABLE
OF
CONTENTS
AMENDMENT.— 
The table of contents in the first section of such 
Act, as amended by section 347(i) of this Act, is
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† HR 2701 EAS 
further amended by inserting after the item re-
lating to section 506G, as added by section 325 
of this Act, the following new item: 
‘‘Sec. 506H. Reports on security clearances.’’. 
(2) REPORT
ON
METRICS
FOR
ADJUDICATION 
QUALITY.—Not later than 180 days after the date of 
the enactment of this Act, the President shall submit 
to Congress a report on security clearance investiga-
tions and adjudications. Such report shall include— 
(A) United States Government-wide adju-
dication guidelines and metrics for adjudication 
quality; 
(B) a plan to improve the professional de-
velopment of security clearance adjudicators; 
(C) metrics to evaluate the effectiveness of 
interagency clearance reciprocity; 
(D) United States Government-wide inves-
tigation standards and metrics for investigation 
quality; and 
(E) the advisability, feasibility, counter-
intelligence risk, and cost effectiveness of— 
(i) by not later than January 1, 2012, 
requiring the investigation and adjudica-
tion of security clearances to be conducted 
by not more than two Federal agencies; and
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(ii) by not later than January 1, 2015, 
requiring the investigation and adjudica-
tion of security clearances to be conducted 
by not more than one Federal agency. 
(b) SECURITY CLEARANCE RECIPROCITY.— 
(1) AUDIT.—The Inspector General of the Intel-
ligence Community shall conduct an audit of the reci-
procity of security clearances among the elements of 
the intelligence community. 
(2) REPORT.—Not later than 180 days after the 
date of the enactment of this Act, the Inspector Gen-
eral of the Intelligence Community shall submit to the 
congressional intelligence committees a report con-
taining the results of the audit conducted under para-
graph (1). Such report shall include an assessment of 
the time required to obtain a reciprocal security 
clearance for— 
(A) an employee of an element of the intel-
ligence community detailed to another element of 
the intelligence community; 
(B) an employee of an element of the intel-
ligence community seeking permanent employ-
ment with another element of the intelligence 
community; and
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(C) a contractor seeking permanent employ-
ment with an element of the intelligence commu-
nity. 
(3) FORM.—The report required under para-
graph (2) shall be submitted in unclassified form, but 
may include a classified annex. 
SEC. 368. CORRECTING LONG-STANDING MATERIAL WEAK-
NESSES. 
(a) DEFINITIONS.—In this section: 
(1) COVERED ELEMENT OF THE INTELLIGENCE 
COMMUNITY.—The term ‘‘covered element of the intel-
ligence community’’ means— 
(A) the Central Intelligence Agency; 
(B) the Defense Intelligence Agency; 
(C) the National Geospatial-Intelligence 
Agency; 
(D) the National Reconnaissance Office; or 
(E) the National Security Agency. 
(2) INDEPENDENT AUDITOR.—The term ‘‘inde-
pendent auditor’’ means an individual who— 
(A)(i) is a Federal, State, or local govern-
ment auditor who meets the independence stand-
ards included in generally accepted government 
auditing standards; or
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(ii) is a public accountant who meets such 
independence standards; and 
(B) is designated as an auditor by the Di-
rector of National Intelligence or the head of a 
covered element of the intelligence community, as 
appropriate. 
(3) INDEPENDENT
REVIEW.—The term ‘‘inde-
pendent review’’ means an audit, attestation, or ex-
amination conducted by an independent auditor in 
accordance with generally accepted government audit-
ing standards. 
(4) LONG-STANDING, CORRECTABLE
MATERIAL 
WEAKNESS.—The term ‘‘long-standing, correctable 
material weakness’’ means a material weakness— 
(A) that was first reported in the annual fi-
nancial report of a covered element of the intel-
ligence community for a fiscal year prior to fis-
cal year 2007; and 
(B) the correction of which is not substan-
tially dependent on a business system that was 
not implemented prior to the end of fiscal year 
2010. 
(5) MATERIAL WEAKNESS.—The term ‘‘material 
weakness’’ has the meaning given that term under the 
Office of Management and Budget Circular A–123,
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entitled ‘‘Management’s Responsibility for Internal 
Control,’’ revised December 21, 2004. 
(6) SENIOR INTELLIGENCE MANAGEMENT OFFI-
CIAL.—The term ‘‘senior intelligence management of-
ficial’’ means an official within a covered element of 
the intelligence community who is— 
(A)(i) compensated under the Senior Intel-
ligence Service pay scale; or 
(ii) the head of a covered element of the in-
telligence community; and 
(B) compensated for employment with funds 
appropriated pursuant to an authorization of 
appropriations in this Act. 
(b) IDENTIFICATION OF SENIOR INTELLIGENCE MAN-
AGEMENT OFFICIALS.— 
(1) REQUIREMENT TO IDENTIFY.—Not later than 
30 days after the date of the enactment of this Act, 
the head of a covered element of the intelligence com-
munity shall designate a senior intelligence manage-
ment official of such element to be responsible for cor-
recting each long-standing, correctable material weak-
ness of such element. 
(2) HEAD OF A COVERED ELEMENT OF THE IN-
TELLIGENCE COMMUNITY.—The head of a covered ele-
ment of the intelligence community may designate
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himself or herself as the senior intelligence manage-
ment official responsible for correcting a long-stand-
ing, correctable material weakness under paragraph 
(1). 
(3) REQUIREMENT TO UPDATE DESIGNATION.—If 
the head of a covered element of the intelligence com-
munity determines that a senior intelligence manage-
ment official designated under paragraph (1) is no 
longer responsible for correcting a long-standing, cor-
rectable material weakness, the head of such element 
shall designate the successor to such official not later 
than 10 days after the date of such determination. 
(c) NOTIFICATION.—Not later than 10 days after the 
date on which the head of a covered element of the intel-
ligence community has designated a senior intelligence 
management official pursuant to paragraph (1) or (3) of 
subsection (b), the head of such element shall provide writ-
ten notification of such designation to the Director of Na-
tional Intelligence and to such senior intelligence manage-
ment official. 
(d) CORRECTION
OF
LONG-STANDING, MATERIAL 
WEAKNESS.— 
(1) DETERMINATION OF CORRECTION OF DEFI-
CIENCY.—If a long-standing, correctable material 
weakness is corrected, the senior intelligence manage-
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ment official who is responsible for correcting such 
long-standing, correctable material weakness shall 
make and issue a determination of the correction. 
(2) BASIS
FOR
DETERMINATION.—The deter-
mination of the senior intelligence management offi-
cial under paragraph (1) shall be based on the find-
ings of an independent review. 
(3) NOTIFICATION
AND
SUBMISSION
OF
FIND-
INGS.—A senior intelligence management official who 
makes a determination under paragraph (1) shall— 
(A) notify the head of the appropriate cov-
ered element of the intelligence community of 
such determination at the time the determination 
is made; and 
(B) ensure that the independent auditor 
whose findings are the basis of a determination 
under paragraph (1) submits to the head of the 
covered element of the intelligence community 
and the Director of National Intelligence the 
findings that such determination is based on not 
later than 5 days after the date on which such 
determination is made. 
(e) CONGRESSIONAL OVERSIGHT.—The head of a cov-
ered element of the intelligence community shall notify the
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congressional intelligence committees not later than 30 days 
after the date— 
(1) on which a senior intelligence management 
official is designated under paragraph (1) or (3) of 
subsection (b) and notified under subsection (c); or 
(2) of the correction of a long-standing, correct-
able material weakness, as verified by an independent 
auditor under subsection (d)(2). 
SEC. 369. INTELLIGENCE COMMUNITY FINANCIAL IMPROVE-
MENT AND AUDIT READINESS. 
Not later than 180 days after the date of the enactment 
of this Act, the Director of National Intelligence shall— 
(1) conduct a review of the status of the 
auditability compliance of each element of the intel-
ligence community; and 
(2) develop a plan and schedule to achieve a full, 
unqualified audit of each element of the intelligence 
community not later than September 30, 2013.
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TITLE IV—MATTERS RELATING 
TO ELEMENTS OF THE INTEL-
LIGENCE COMMUNITY 
Subtitle A—Office of the Director of 
National Intelligence 
SEC. 401. ACCOUNTABILITY REVIEWS BY THE DIRECTOR OF 
NATIONAL INTELLIGENCE. 
Subsection (f) of section 102A of the National Security 
Act of 1947 (50 U.S.C. 403–1) is amended— 
(1) by redesignating paragraphs (7) and (8) as 
paragraphs (8) and (9), respectively; and 
(2) by inserting after paragraph (6) the fol-
lowing new paragraph: 
‘‘(7)(A) The Director of National Intelligence shall, if 
the Director determines it is necessary, or may, if requested 
by a congressional intelligence committee, conduct an ac-
countability review of an element of the intelligence commu-
nity or the personnel of such element in relation to a failure 
or deficiency within the intelligence community. 
‘‘(B) The Director of National Intelligence, in con-
sultation with the Attorney General, shall establish guide-
lines and procedures for conducting an accountability re-
view under subparagraph (A). 
‘‘(C)(i) The Director of National Intelligence shall pro-
vide the findings of an accountability review conducted
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† HR 2701 EAS 
under subparagraph (A) and the Director’s recommenda-
tions for corrective or punitive action, if any, to the head 
of the applicable element of the intelligence community. 
Such recommendations may include a recommendation for 
dismissal of personnel. 
‘‘(ii) If the head of such element does not implement 
a recommendation made by the Director under clause (i), 
the head of such element shall submit to the congressional 
intelligence committees a notice of the determination not 
to implement the recommendation, including the reasons for 
the determination. 
‘‘(D) The requirements of this paragraph shall not be 
construed to limit any authority of the Director of National 
Intelligence under subsection (m) or with respect to super-
vision of the Central Intelligence Agency.’’. 
SEC. 402. AUTHORITIES FOR INTELLIGENCE INFORMATION 
SHARING. 
(a) AUTHORITIES FOR INTERAGENCY FUNDING.—Sec-
tion 102A(d)(2) of the National Security Act of 1947 (50 
U.S.C. 403–1(d)(2)) is amended by striking ‘‘Program to 
another such program.’’ and inserting ‘‘Program— 
‘‘(A) to another such program; 
‘‘(B) to other departments or agencies of the 
United States Government for the development and 
fielding of systems of common concern related to the
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† HR 2701 EAS 
collection, processing, analysis, exploitation, and dis-
semination of intelligence information; or 
‘‘(C) to a program funded by appropriations not 
within the National Intelligence Program to address 
critical gaps in intelligence information sharing or 
access capabilities.’’. 
(b) AUTHORITIES
OF HEADS
OF OTHER DEPART-
MENTS AND AGENCIES.—Notwithstanding any other provi-
sion of law, the head of any department or agency of the 
United States is authorized to receive and utilize funds 
made available to the department or agency by the Director 
of National Intelligence pursuant to section 102A(d)(2) of 
the National Security Act of 1947 (50 U.S.C. 403–1(d)(2)), 
as amended by subsection (a), and receive and utilize any 
system referred to in such section that is made available 
to such department or agency. 
SEC. 403. LOCATION OF THE OFFICE OF THE DIRECTOR OF 
NATIONAL INTELLIGENCE. 
Subsection (e) of section 103 of the National Security 
Act of 1947 (50 U.S.C. 403–3) is amended to read as fol-
lows: 
‘‘(e) LOCATION OF THE OFFICE OF THE DIRECTOR OF 
NATIONAL INTELLIGENCE.—The headquarters of the Office 
of the Director of National Intelligence may be located in
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† HR 2701 EAS 
the Washington metropolitan region, as that term is defined 
in section 8301 of title 40, United States Code.’’. 
SEC. 404. TITLE AND APPOINTMENT OF CHIEF INFORMA-
TION OFFICER OF THE INTELLIGENCE COM-
MUNITY. 
Section 103G of the National Security Act of 1947 (50 
U.S.C. 403–3g) is amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘of the Intelligence Com-
munity’’ after ‘‘Chief Information Officer’’; and 
(B) by striking ‘‘President,’’ and all that 
follows and inserting ‘‘President.’’; 
(2) by striking subsection (b) and redesignating 
subsections (c) and (d) as subsections (b) and (c), re-
spectively; 
(3) in subsection (b) (as so redesignated), by in-
serting ‘‘of the Intelligence Community’’ after ‘‘Chief 
Information Officer’’; and 
(4) in subsection (c) (as so redesignated), by in-
serting ‘‘of the Intelligence Community’’ before ‘‘may 
not’’. 
SEC. 405. INSPECTOR GENERAL OF THE INTELLIGENCE 
COMMUNITY. 
(a) ESTABLISHMENT.—
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† HR 2701 EAS 
(1) IN GENERAL.—Title I of the National Secu-
rity Act of 1947 (50 U.S.C. 402 et seq.), as amended 
by section 347 of this Act, is further amended by in-
serting after section 103G the following new section: 
‘‘INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY 
‘‘SEC. 103H. (a) OFFICE OF INSPECTOR GENERAL OF 
THE INTELLIGENCE COMMUNITY.—There is within the Of-
fice of the Director of National Intelligence an Office of the 
Inspector General of the Intelligence Community. 
‘‘(b) PURPOSE.—The purpose of the Office of the In-
spector General of the Intelligence Community is— 
‘‘(1) to create an objective and effective office, ap-
propriately accountable to Congress, to initiate and 
conduct independent investigations, inspections, au-
dits, and reviews on programs and activities within 
the responsibility and authority of the Director of Na-
tional Intelligence; 
‘‘(2) to provide leadership and coordination and 
recommend policies for activities designed— 
‘‘(A) to promote economy, efficiency, and ef-
fectiveness in the administration and implemen-
tation of such programs and activities; and 
‘‘(B) to prevent and detect fraud and abuse 
in such programs and activities;
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† HR 2701 EAS 
‘‘(3) to provide a means for keeping the Director 
of National Intelligence fully and currently informed 
about— 
‘‘(A) problems and deficiencies relating to 
the administration of programs and activities 
within the responsibility and authority of the 
Director of National Intelligence; and 
‘‘(B) the necessity for, and the progress of, 
corrective actions; and 
‘‘(4) in the manner prescribed by this section, to 
ensure that the congressional intelligence committees 
are kept similarly informed of— 
‘‘(A) significant problems and deficiencies 
relating to programs and activities within the 
responsibility and authority of the Director of 
National Intelligence; and 
‘‘(B) the necessity for, and the progress of, 
corrective actions. 
‘‘(c) INSPECTOR GENERAL
OF
THE INTELLIGENCE 
COMMUNITY.—(1) There is an Inspector General of the In-
telligence Community, who shall be the head of the Office 
of the Inspector General of the Intelligence Community, who 
shall be appointed by the President, by and with the advice 
and consent of the Senate.
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† HR 2701 EAS 
‘‘(2) The nomination of an individual for appointment 
as Inspector General shall be made— 
‘‘(A) without regard to political affiliation; 
‘‘(B) on the basis of integrity, compliance with 
security standards of the intelligence community, and 
prior experience in the field of intelligence or national 
security; and 
‘‘(C) on the basis of demonstrated ability in ac-
counting, financial analysis, law, management anal-
ysis, public administration, or investigations. 
‘‘(3) The Inspector General shall report directly to and 
be under the general supervision of the Director of National 
Intelligence. 
‘‘(4) The Inspector General may be removed from office 
only by the President. The President shall communicate in 
writing to the congressional intelligence committees the rea-
sons for the removal not later than 30 days prior to the 
effective date of such removal. Nothing in this paragraph 
shall be construed to prohibit a personnel action otherwise 
authorized by law, other than transfer or removal. 
‘‘(d) ASSISTANT INSPECTORS GENERAL.—Subject to 
the policies of the Director of National Intelligence, the In-
spector General of the Intelligence Community shall— 
‘‘(1) appoint an Assistant Inspector General for 
Audit who shall have the responsibility for super-
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† HR 2701 EAS 
vising the performance of auditing activities relating 
to programs and activities within the responsibility 
and authority of the Director; 
‘‘(2) appoint an Assistant Inspector General for 
Investigations who shall have the responsibility for 
supervising the performance of investigative activities 
relating to such programs and activities; and 
‘‘(3) appoint other Assistant Inspectors General 
that, in the judgment of the Inspector General, are 
necessary to carry out the duties of the Inspector Gen-
eral. 
‘‘(e) DUTIES AND RESPONSIBILITIES.—It shall be the 
duty and responsibility of the Inspector General of the In-
telligence Community— 
‘‘(1) to provide policy direction for, and to plan, 
conduct, supervise, and coordinate independently, the 
investigations, inspections, audits, and reviews relat-
ing to programs and activities within the responsi-
bility and authority of the Director of National Intel-
ligence; 
‘‘(2) to keep the Director of National Intelligence 
fully and currently informed concerning violations of 
law and regulations, fraud, and other serious prob-
lems, abuses, and deficiencies relating to the programs 
and activities within the responsibility and authority
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† HR 2701 EAS 
of the Director, to recommend corrective action con-
cerning such problems, and to report on the progress 
made in implementing such corrective action; 
‘‘(3) to take due regard for the protection of in-
telligence sources and methods in the preparation of 
all reports issued by the Inspector General, and, to 
the extent consistent with the purpose and objective of 
such reports, take such measures as may be appro-
priate to minimize the disclosure of intelligence 
sources and methods described in such reports; and 
‘‘(4) in the execution of the duties and respon-
sibilities under this section, to comply with generally 
accepted government auditing. 
‘‘(f) LIMITATIONS ON ACTIVITIES.—(1) The Director of 
National Intelligence may prohibit the Inspector General 
of the Intelligence Community from initiating, carrying 
out, or completing any investigation, inspection, audit, or 
review if the Director determines that such prohibition is 
necessary to protect vital national security interests of the 
United States. 
‘‘(2) Not later than seven days after the date on which 
the Director exercises the authority under paragraph (1), 
the Director shall submit to the congressional intelligence 
committees an appropriately classified statement of the rea-
sons for the exercise of such authority.
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† HR 2701 EAS 
‘‘(3) The Director shall advise the Inspector General 
at the time a statement under paragraph (2) is submitted, 
and, to the extent consistent with the protection of intel-
ligence sources and methods, provide the Inspector General 
with a copy of such statement. 
‘‘(4) The Inspector General may submit to the congres-
sional intelligence committees any comments on the state-
ment of which the Inspector General has notice under para-
graph (3) that the Inspector General considers appropriate. 
‘‘(g) AUTHORITIES.—(1) The Inspector General of the 
Intelligence Community shall have direct and prompt ac-
cess to the Director of National Intelligence when necessary 
for any purpose pertaining to the performance of the duties 
of the Inspector General. 
‘‘(2)(A) The Inspector General shall, subject to the lim-
itations in subsection (f), make such investigations and re-
ports relating to the administration of the programs and 
activities within the authorities and responsibilities of the 
Director as are, in the judgment of the Inspector General, 
necessary or desirable. 
‘‘(B) The Inspector General shall have access to any 
employee, or any employee of a contractor, of any element 
of the intelligence community needed for the performance 
of the duties of the Inspector General.
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† HR 2701 EAS 
‘‘(C) The Inspector General shall have direct access to 
all records, reports, audits, reviews, documents, papers, rec-
ommendations, or other materials that relate to the pro-
grams and activities with respect to which the Inspector 
General has responsibilities under this section. 
‘‘(D) The level of classification or compartmentation 
of information shall not, in and of itself, provide a suffi-
cient rationale for denying the Inspector General access to 
any materials under subparagraph (C). 
‘‘(E) The Director, or on the recommendation of the 
Director, another appropriate official of the intelligence 
community, shall take appropriate administrative actions 
against an employee, or an employee of a contractor, of an 
element of the intelligence community that fails to cooperate 
with the Inspector General. Such administrative action 
may include loss of employment or the termination of an 
existing contractual relationship. 
‘‘(3) The Inspector General is authorized to receive and 
investigate, pursuant to subsection (h), complaints or infor-
mation from any person concerning the existence of an ac-
tivity within the authorities and responsibilities of the Di-
rector of National Intelligence constituting a violation of 
laws, rules, or regulations, or mismanagement, gross waste 
of funds, abuse of authority, or a substantial and specific 
danger to the public health and safety. Once such complaint
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† HR 2701 EAS 
or information has been received from an employee of the 
intelligence community— 
‘‘(A) the Inspector General shall not disclose the 
identity of the employee without the consent of the 
employee, unless the Inspector General determines 
that such disclosure is unavoidable during the course 
of the investigation or the disclosure is made to an of-
ficial of the Department of Justice responsible for de-
termining whether a prosecution should be under-
taken; and 
‘‘(B) no action constituting a reprisal, or threat 
of reprisal, for making such complaint or disclosing 
such information to the Inspector General may be 
taken by any employee in a position to take such ac-
tions, unless the complaint was made or the informa-
tion was disclosed with the knowledge that it was 
false or with willful disregard for its truth or falsity. 
‘‘(4) The Inspector General shall have the authority to 
administer to or take from any person an oath, affirmation, 
or affidavit, whenever necessary in the performance of the 
duties of the Inspector General, which oath, affirmation, or 
affidavit when administered or taken by or before an em-
ployee of the Office of the Inspector General of the Intel-
ligence Community designated by the Inspector General
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† HR 2701 EAS 
shall have the same force and effect as if administered or 
taken by, or before, an officer having a seal. 
‘‘(5)(A) Except as provided in subparagraph (B), the 
Inspector General is authorized to require by subpoena the 
production of all information, documents, reports, answers, 
records, accounts, papers, and other data in any medium 
(including electronically stored information, as well as any 
tangible thing) and documentary evidence necessary in the 
performance of the duties and responsibilities of the Inspec-
tor General. 
‘‘(B) In the case of departments, agencies, and other 
elements of the United States Government, the Inspector 
General shall obtain information, documents, reports, an-
swers, records, accounts, papers, and other data and evi-
dence for the purpose specified in subparagraph (A) using 
procedures other than by subpoenas. 
‘‘(C) The Inspector General may not issue a subpoena 
for, or on behalf of, any component of the Office of the Di-
rector of National Intelligence or any element of the intel-
ligence community, including the Office of the Director of 
National Intelligence. 
‘‘(D) In the case of contumacy or refusal to obey a 
subpoena issued under this paragraph, the subpoena shall 
be enforceable by order of any appropriate district court 
of the United States.
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† HR 2701 EAS 
‘‘(6) The Inspector General may obtain services as au-
thorized by section 3109 of title 5, United States Code, at 
rates for individuals not to exceed the daily equivalent of 
the maximum annual rate of basic pay payable for grade 
GS–15 of the General Schedule under section 5332 of title 
5, United States Code. 
‘‘(7) The Inspector General may, to the extent and in 
such amounts as may be provided in appropriations, enter 
into contracts and other arrangements for audits, studies, 
analyses, and other services with public agencies and with 
private persons, and to make such payments as may be nec-
essary to carry out the provisions of this section. 
‘‘(h) COORDINATION AMONG INSPECTORS GENERAL.— 
(1)(A) In the event of a matter within the jurisdiction of 
the Inspector General of the Intelligence Community that 
may be subject to an investigation, inspection, audit, or re-
view by both the Inspector General of the Intelligence Com-
munity and an inspector general with oversight responsi-
bility for an element of the intelligence community, the In-
spector General of the Intelligence Community and such 
other inspector general shall expeditiously resolve the ques-
tion of which inspector general shall conduct such investiga-
tion, inspection, audit, or review to avoid unnecessary du-
plication of the activities of the inspectors general.
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† HR 2701 EAS 
‘‘(B) In attempting to resolve a question under sub-
paragraph (A), the inspectors general concerned may re-
quest the assistance of the Intelligence Community Inspec-
tors General Forum established under paragraph (2). In the 
event of a dispute between an inspector general within a 
department or agency of the United States Government and 
the Inspector General of the Intelligence Community that 
has not been resolved with the assistance of such Forum, 
the inspectors general shall submit the question to the Direc-
tor of National Intelligence and the head of the affected de-
partment or agency for resolution. 
‘‘(2)(A) There is established the Intelligence Commu-
nity Inspectors General Forum, which shall consist of all 
statutory or administrative inspectors general with over-
sight responsibility for an element of the intelligence com-
munity. 
‘‘(B) The Inspector General of the Intelligence Commu-
nity shall serve as the Chair of the Forum established under 
subparagraph (A). The Forum shall have no administrative 
authority over any inspector general, but shall serve as a 
mechanism for informing its members of the work of indi-
vidual members of the Forum that may be of common inter-
est and discussing questions about jurisdiction or access to 
employees, employees of contract personnel, records, audits, 
reviews, documents, recommendations, or other materials
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† HR 2701 EAS 
that may involve or be of assistance to more than one of 
its members. 
‘‘(3) The inspector general conducting an investiga-
tion, inspection, audit, or review covered by paragraph (1) 
shall submit the results of such investigation, inspection, 
audit, or review to any other inspector general, including 
the Inspector General of the Intelligence Community, with 
jurisdiction to conduct such investigation, inspection, 
audit, or review who did not conduct such investigation, 
inspection, audit, or review. 
‘‘(i) COUNSEL TO THE INSPECTOR GENERAL.—(1) The 
Inspector General of the Intelligence Community shall— 
‘‘(A) appoint a Counsel to the Inspector General 
who shall report to the Inspector General; or 
‘‘(B) obtain the services of a counsel appointed 
by and directly reporting to another inspector general 
or the Council of the Inspectors General on Integrity 
and Efficiency on a reimbursable basis. 
‘‘(2) The counsel appointed or obtained under para-
graph (1) shall perform such functions as the Inspector 
General may prescribe. 
‘‘(j) STAFF AND OTHER SUPPORT.—(1) The Director 
of National Intelligence shall provide the Inspector General 
of the Intelligence Community with appropriate and ade-
quate office space at central and field office locations, to-
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† HR 2701 EAS 
gether with such equipment, office supplies, maintenance 
services, and communications facilities and services as may 
be necessary for the operation of such offices. 
‘‘(2)(A) Subject to applicable law and the policies of 
the Director of National Intelligence, the Inspector General 
shall select, appoint, and employ such officers and employ-
ees as may be necessary to carry out the functions, powers, 
and duties of the Inspector General. The Inspector General 
shall ensure that any officer or employee so selected, ap-
pointed, or employed has security clearances appropriate 
for the assigned duties of such officer or employee. 
‘‘(B) In making selections under subparagraph (A), 
the Inspector General shall ensure that such officers and 
employees have the requisite training and experience to en-
able the Inspector General to carry out the duties of the 
Inspector General effectively. 
‘‘(C) In meeting the requirements of this paragraph, 
the Inspector General shall create within the Office of the 
Inspector General of the Intelligence Community a career 
cadre of sufficient size to provide appropriate continuity 
and objectivity needed for the effective performance of the 
duties of the Inspector General. 
‘‘(3) Consistent with budgetary and personnel re-
sources allocated by the Director of National Intelligence, 
the Inspector General has final approval of—
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† HR 2701 EAS 
‘‘(A) the selection of internal and external can-
didates for employment with the Office of the Inspec-
tor General; and 
‘‘(B) all other personnel decisions concerning 
personnel permanently assigned to the Office of the 
Inspector General, including selection and appoint-
ment to the Senior Intelligence Service, but excluding 
all security-based determinations that are not within 
the authority of a head of a component of the Office 
of the Director of National Intelligence. 
‘‘(4)(A) Subject to the concurrence of the Director of 
National Intelligence, the Inspector General may request 
such information or assistance as may be necessary for car-
rying out the duties and responsibilities of the Inspector 
General from any department, agency, or other element of 
the United States Government. 
‘‘(B) Upon request of the Inspector General for infor-
mation or assistance under subparagraph (A), the head of 
the department, agency, or element concerned shall, insofar 
as is practicable and not in contravention of any existing 
statutory restriction or regulation of the department, agen-
cy, or element, furnish to the Inspector General, such infor-
mation or assistance. 
‘‘(C) The Inspector General of the Intelligence Commu-
nity may, upon reasonable notice to the head of any element
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† HR 2701 EAS 
of the intelligence community and in coordination with that 
element’s inspector general pursuant to subsection (h), con-
duct, as authorized by this section, an investigation, inspec-
tion, audit, or review of such element and may enter into 
any place occupied by such element for purposes of the per-
formance of the duties of the Inspector General. 
‘‘(k) REPORTS.—(1)(A) The Inspector General of the 
Intelligence Community shall, not later than January 31 
and July 31 of each year, prepare and submit to the Direc-
tor of National Intelligence a classified, and, as appro-
priate, unclassified semiannual report summarizing the ac-
tivities of the Office of the Inspector General of the Intel-
ligence Community during the immediately preceding 6- 
month period ending December 31 (of the preceding year) 
and June 30, respectively. The Inspector General of the In-
telligence Community shall provide any portion of the re-
port involving a component of a department of the United 
States Government to the head of that department simulta-
neously with submission of the report to the Director of Na-
tional Intelligence. 
‘‘(B) Each report under this paragraph shall include, 
at a minimum, the following: 
‘‘(i) A list of the title or subject of each investiga-
tion, inspection, audit, or review conducted during 
the period covered by such report.
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‘‘(ii) A description of significant problems, 
abuses, and deficiencies relating to the administration 
of programs and activities of the intelligence commu-
nity within the responsibility and authority of the 
Director of National Intelligence, and in the relation-
ships between elements of the intelligence community, 
identified by the Inspector General during the period 
covered by such report. 
‘‘(iii) A description of the recommendations for 
corrective action made by the Inspector General dur-
ing the period covered by such report with respect to 
significant problems, abuses, or deficiencies identified 
in clause (ii). 
‘‘(iv) A statement of whether or not corrective ac-
tion has been completed on each significant rec-
ommendation described in previous semiannual re-
ports, and, in a case where corrective action has been 
completed, a description of such corrective action. 
‘‘(v) A certification of whether or not the Inspec-
tor General has had full and direct access to all infor-
mation relevant to the performance of the functions of 
the Inspector General. 
‘‘(vi) A description of the exercise of the sub-
poena authority under subsection (g)(5) by the In-
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spector General during the period covered by such re-
port. 
‘‘(vii) Such recommendations as the Inspector 
General considers appropriate for legislation to pro-
mote economy, efficiency, and effectiveness in the ad-
ministration and implementation of programs and 
activities within the responsibility and authority of 
the Director of National Intelligence, and to detect 
and eliminate fraud and abuse in such programs and 
activities. 
‘‘(C) Not later than 30 days after the date of receipt 
of a report under subparagraph (A), the Director shall 
transmit the report to the congressional intelligence com-
mittees together with any comments the Director considers 
appropriate. The Director shall transmit to the committees 
of the Senate and of the House of Representatives with ju-
risdiction over a department of the United States Govern-
ment any portion of the report involving a component of 
such department simultaneously with submission of the re-
port to the congressional intelligence committees. 
‘‘(2)(A) The Inspector General shall report imme-
diately to the Director whenever the Inspector General be-
comes aware of particularly serious or flagrant problems, 
abuses, or deficiencies relating to programs and activities
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within the responsibility and authority of the Director of 
National Intelligence. 
‘‘(B) The Director shall transmit to the congressional 
intelligence committees each report under subparagraph (A) 
within 7 calendar days of receipt of such report, together 
with such comments as the Director considers appropriate. 
The Director shall transmit to the committees of the Senate 
and of the House of Representatives with jurisdiction over 
a department of the United States Government any portion 
of each report under subparagraph (A) that involves a prob-
lem, abuse, or deficiency related to a component of such de-
partment simultaneously with transmission of the report to 
the congressional intelligence committees. 
‘‘(3)(A) In the event that— 
‘‘(i) the Inspector General is unable to resolve 
any differences with the Director affecting the execu-
tion of the duties or responsibilities of the Inspector 
General; 
‘‘(ii) an investigation, inspection, audit, or re-
view carried out by the Inspector General focuses on 
any current or former intelligence community official 
who— 
‘‘(I) holds or held a position in an element 
of the intelligence community that is subject to 
appointment by the President, whether or not by
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and with the advice and consent of the Senate, 
including such a position held on an acting 
basis; 
‘‘(II) holds or held a position in an element 
of the intelligence community, including a posi-
tion held on an acting basis, that is appointed 
by the Director of National Intelligence; or 
‘‘(III) holds or held a position as head of an 
element of the intelligence community or a posi-
tion covered by subsection (b) or (c) of section 
106; 
‘‘(iii) a matter requires a report by the Inspector 
General to the Department of Justice on possible 
criminal conduct by a current or former official de-
scribed in clause (ii); 
‘‘(iv) the Inspector General receives notice from 
the Department of Justice declining or approving 
prosecution of possible criminal conduct of any cur-
rent or former official described in clause (ii); or 
‘‘(v) the Inspector General, after exhausting all 
possible alternatives, is unable to obtain significant 
documentary information in the course of an inves-
tigation, inspection, audit, or review,
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the Inspector General shall immediately notify, and submit 
a report to, the congressional intelligence committees on 
such matter. 
‘‘(B) The Inspector General shall submit to the com-
mittees of the Senate and of the House of Representatives 
with jurisdiction over a department of the United States 
Government any portion of each report under subparagraph 
(A) that involves an investigation, inspection, audit, or re-
view carried out by the Inspector General focused on any 
current or former official of a component of such depart-
ment simultaneously with submission of the report to the 
congressional intelligence committees. 
‘‘(4) The Director shall submit to the congressional in-
telligence committees any report or findings and rec-
ommendations of an investigation, inspection, audit, or re-
view conducted by the office which has been requested by 
the Chairman or Vice Chairman or ranking minority mem-
ber of either committee. 
‘‘(5)(A) An employee of an element of the intelligence 
community, an employee assigned or detailed to an element 
of the intelligence community, or an employee of a con-
tractor to the intelligence community who intends to report 
to Congress a complaint or information with respect to an 
urgent concern may report such complaint or information 
to the Inspector General.
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‘‘(B) Not later than the end of the 14-calendar-day pe-
riod beginning on the date of receipt from an employee of 
a complaint or information under subparagraph (A), the 
Inspector General shall determine whether the complaint or 
information appears credible. Upon making such a deter-
mination, the Inspector General shall transmit to the Direc-
tor a notice of that determination, together with the com-
plaint or information. 
‘‘(C) Upon receipt of a transmittal from the Inspector 
General under subparagraph (B), the Director shall, within 
7 calendar days of such receipt, forward such transmittal 
to the congressional intelligence committees, together with 
any comments the Director considers appropriate. 
‘‘(D)(i) If the Inspector General does not find credible 
under subparagraph (B) a complaint or information sub-
mitted under subparagraph (A), or does not transmit the 
complaint or information to the Director in accurate form 
under subparagraph (B), the employee (subject to clause 
(ii)) may submit the complaint or information to Congress 
by contacting either or both of the congressional intelligence 
committees directly. 
‘‘(ii) An employee may contact the congressional intel-
ligence committees directly as described in clause (i) only 
if the employee—
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‘‘(i) A serious or flagrant problem, abuse, viola-
tion of law or Executive order, or deficiency relating 
to the funding, administration, or operation of an in-
telligence activity within the responsibility and au-
thority of the Director of National Intelligence involv-
ing classified information, but does not include dif-
ferences of opinions concerning public policy matters. 
‘‘(ii) A false statement to Congress, or a willful 
withholding from Congress, on an issue of material 
fact relating to the funding, administration, or oper-
ation of an intelligence activity. 
‘‘(iii) An action, including a personnel action 
described in section 2302(a)(2)(A) of title 5, United 
States Code, constituting reprisal or threat of reprisal 
prohibited under subsection (g)(3)(B) of this section 
in response to an employee’s reporting an urgent con-
cern in accordance with this paragraph. 
‘‘(H) Nothing in this section shall be construed to limit 
the protections afforded to an employee under section 17(d) 
of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
403q(d)) or section 8H of the Inspector General Act of 1978 
(5 U.S.C. App.). 
‘‘(6) In accordance with section 535 of title 28, United 
States Code, the Inspector General shall expeditiously re-
port to the Attorney General any information, allegation,
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or complaint received by the Inspector General relating to 
violations of Federal criminal law that involves a program 
or operation of an element of the intelligence community, 
or in the relationships between the elements of the intel-
ligence community, consistent with such guidelines as may 
be issued by the Attorney General pursuant to subsection 
(b)(2) of such section. A copy of each such report shall be 
furnished to the Director. 
‘‘(l) CONSTRUCTION
OF DUTIES REGARDING ELE-
MENTS OF INTELLIGENCE COMMUNITY.—Except as resolved 
pursuant to subsection (h), the performance by the Inspector 
General of the Intelligence Community of any duty, respon-
sibility, or function regarding an element of the intelligence 
community shall not be construed to modify or affect the 
duties and responsibilities of any other inspector general 
having duties and responsibilities relating to such element. 
‘‘(m) SEPARATE BUDGET ACCOUNT.—The Director of 
National Intelligence shall, in accordance with procedures 
issued by the Director in consultation with the congres-
sional intelligence committees, include in the National In-
telligence Program budget a separate account for the Office 
of the Inspector General of the Intelligence Community. 
‘‘(n) BUDGET.—(1) For each fiscal year, the Inspector 
General of the Intelligence Community shall transmit a
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budget estimate and request to the Director of National In-
telligence that specifies for such fiscal year— 
‘‘(A) the aggregate amount requested for the op-
erations of the Inspector General; 
‘‘(B) the amount requested for all training re-
quirements of the Inspector General, including a cer-
tification from the Inspector General that the amount 
requested is sufficient to fund all training require-
ments for the Office of the Inspector General; and 
‘‘(C) the amount requested to support the Coun-
cil of the Inspectors General on Integrity and Effi-
ciency, including a justification for such amount. 
‘‘(2) In transmitting a proposed budget to the Presi-
dent for a fiscal year, the Director of National Intelligence 
shall include for such fiscal year— 
‘‘(A) the aggregate amount requested for the In-
spector General of the Intelligence Community; 
‘‘(B) the amount requested for Inspector General 
training; 
‘‘(C) the amount requested to support the Coun-
cil of the Inspectors General on Integrity and Effi-
ciency; and 
‘‘(D) the comments of the Inspector General, if 
any, with respect to such proposed budget.
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‘‘(3) The Director of National Intelligence shall submit 
to the congressional intelligence committees, the Committee 
on Appropriations of the Senate, and the Committee on Ap-
propriations of the House of Representatives for each fiscal 
year— 
‘‘(A) a separate statement of the budget estimate 
transmitted pursuant to paragraph (1); 
‘‘(B) the amount requested by the Director for 
the Inspector General pursuant to paragraph (2)(A); 
‘‘(C) the amount requested by the Director for the 
training of personnel of the Office of the Inspector 
General pursuant to paragraph (2)(B); 
‘‘(D) the amount requested by the Director for 
support for the Council of the Inspectors General on 
Integrity and Efficiency pursuant to paragraph 
(2)(C); and 
‘‘(E) the comments of the Inspector General 
under paragraph (2)(D), if any, on the amounts re-
quested pursuant to paragraph (2), including whether 
such amounts would substantially inhibit the Inspec-
tor General from performing the duties of the Office 
of the Inspector General.’’. 
(2) TABLE
OF
CONTENTS
AMENDMENT.—The 
table of contents in the first section of the National 
Security Act of 1947, as amended by section 347 of
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† HR 2701 EAS 
this Act, is further amended by inserting after the 
item relating to section 103G the following new item: 
‘‘Sec. 103H. Inspector General of the Intelligence Community.’’. 
(b) PAY OF INSPECTOR GENERAL.—Subparagraph (A) 
of section 4(a)(3) of the Inspector General Reform Act of 
2008 (Public Law 110–409; 5 U.S.C. App. note) is amended 
by inserting ‘‘the Inspector General of the Intelligence Com-
munity,’’ after ‘‘basic pay of’’. 
(c) CONSTRUCTION.—Nothing in the amendment made 
by subsection (a)(1) shall be construed to alter the duties 
and responsibilities of the General Counsel of the Office of 
the Director of National Intelligence. 
(d) REPEAL OF SUPERSEDED AUTHORITY TO ESTAB-
LISH POSITION.—Section 8K of the Inspector General Act 
of 1978 (5 U.S.C. App.) shall be repealed on the date that 
the President appoints, with the advice and consent of the 
Senate, the first individual to serve as Inspector General 
for the Intelligence Community pursuant to section 103H 
of the National Security Act of 1947, as added by subsection 
(a), and such individual assumes the duties of the Inspector 
General. 
SEC. 406. CHIEF FINANCIAL OFFICER OF THE INTEL-
LIGENCE COMMUNITY. 
(a) ESTABLISHMENT.—Title I of the National Security 
Act of 1947 (50 U.S.C. 402 et seq.), as amended by section 
405 of this Act, is further amended by inserting after section
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† HR 2701 EAS 
103H, as added by section 405(a)(1), the following new sec-
tion: 
‘‘CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE 
COMMUNITY 
‘‘SEC. 103I. (a) CHIEF FINANCIAL OFFICER OF THE 
INTELLIGENCE COMMUNITY.—To assist the Director of Na-
tional Intelligence in carrying out the responsibilities of the 
Director under this Act and other applicable provisions of 
law, there is within the Office of the Director of National 
Intelligence a Chief Financial Officer of the Intelligence 
Community who shall be appointed by the Director. 
‘‘(b) DUTIES AND RESPONSIBILITIES.—Subject to the 
direction of the Director of National Intelligence, the Chief 
Financial Officer of the Intelligence Community shall— 
‘‘(1) serve as the principal advisor to the Direc-
tor of National Intelligence and the Principal Deputy 
Director of National Intelligence on the management 
and allocation of intelligence community budgetary 
resources; 
‘‘(2) participate in overseeing a comprehensive 
and integrated strategic process for resource manage-
ment within the intelligence community; 
‘‘(3) ensure that the strategic plan of the Direc-
tor of National Intelligence— 
‘‘(A) is based on budgetary constraints as 
specified in the Future Year Intelligence Plans
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† HR 2701 EAS 
and Long-term Budget Projections required 
under section 506G; and 
‘‘(B) contains specific goals and objectives 
to support a performance-based budget; 
‘‘(4) prior to the obligation or expenditure of 
funds for the acquisition of any major system pursu-
ant to a Milestone A or Milestone B decision, receive 
verification from appropriate authorities that the na-
tional requirements for meeting the strategic plan of 
the Director have been established, and that such re-
quirements are prioritized based on budgetary con-
straints as specified in the Future Year Intelligence 
Plans and the Long-term Budget Projections for such 
major system required under section 506G; 
‘‘(5) ensure that the collection architectures of the 
Director are based on budgetary constraints as speci-
fied in the Future Year Intelligence Plans and the 
Long-term Budget Projections required under section 
506G; 
‘‘(6) coordinate or approve representations made 
to Congress by the intelligence community regarding 
National Intelligence Program budgetary resources; 
‘‘(7) participate in key mission requirements, ac-
quisitions, or architectural boards formed within or
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† HR 2701 EAS 
by the Office of the Director of National Intelligence; 
and 
‘‘(8) perform such other duties as may be pre-
scribed by the Director of National Intelligence. 
‘‘(c) OTHER LAW.—The Chief Financial Officer of the 
Intelligence Community shall serve as the Chief Financial 
Officer of the intelligence community and, to the extent ap-
plicable, shall have the duties, responsibilities, and authori-
ties specified in chapter 9 of title 31, United States Code. 
‘‘(d) PROHIBITION ON SIMULTANEOUS SERVICE AS 
OTHER CHIEF FINANCIAL OFFICER.—An individual serv-
ing in the position of Chief Financial Officer of the Intel-
ligence Community may not, while so serving, serve as the 
chief financial officer of any other department or agency, 
or component thereof, of the United States Government. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘major system’ has the meaning 
given that term in section 506A(e). 
‘‘(2) The term ‘Milestone A’ has the meaning 
given that term in section 506G(f). 
‘‘(3) The term ‘Milestone B’ has the meaning 
given that term in section 506C(e).’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The table of 
contents in the first section of the National Security Act 
of 1947, as amended by section 405(a), is further amended
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† HR 2701 EAS 
by inserting after the item relating to section 103H, as 
added by section 405(a)(2), the following new item: 
‘‘Sec. 103I. Chief Financial Officer of the Intelligence Community.’’. 
SEC. 407. LEADERSHIP AND LOCATION OF CERTAIN OF-
FICES AND OFFICIALS. 
(a) NATIONAL COUNTER PROLIFERATION CENTER.— 
Section 119A(a) of the National Security Act of 1947 (50 
U.S.C. 404o–1(a)) is amended— 
(1) by striking ‘‘Not later than 18 months after 
the date of the enactment of the National Security In-
telligence Reform Act of 2004, the’’ and inserting ‘‘(1) 
The’’; and 
(2) by adding at the end the following new para-
graphs: 
‘‘(2) The head of the National Counter Proliferation 
Center shall be the Director of the National Counter Pro-
liferation Center, who shall be appointed by the Director 
of National Intelligence. 
‘‘(3) The National Counter Proliferation Center shall 
be located within the Office of the Director of National In-
telligence.’’. 
(b) OFFICERS.—Section 103(c) of that Act (50 U.S.C. 
403–3(c)) is amended— 
(1) by redesignating paragraph (9) as para-
graph (14); and
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† HR 2701 EAS 
(2) by inserting after paragraph (8) the fol-
lowing new paragraphs: 
‘‘(9) The Chief Information Officer of the Intel-
ligence Community. 
‘‘(10) The Inspector General of the Intelligence 
Community. 
‘‘(11) The Director of the National Counterter-
rorism Center. 
‘‘(12) The Director of the National Counter Pro-
liferation Center. 
‘‘(13) The Chief Financial Officer of the Intel-
ligence Community.’’. 
SEC. 408. PROTECTION OF CERTAIN FILES OF THE OFFICE 
OF THE DIRECTOR OF NATIONAL INTEL-
LIGENCE. 
(a) IN GENERAL.—Title VII of the National Security 
Act of 1947 (50 U.S.C. 431 et seq.) is amended by adding 
at the end the following new section: 
‘‘PROTECTION OF CERTAIN FILES OF THE OFFICE OF THE 
DIRECTOR OF NATIONAL INTELLIGENCE 
‘‘SEC. 706. (a) INAPPLICABILITY OF FOIA TO EX-
EMPTED OPERATIONAL FILES PROVIDED TO ODNI.—(1) 
Subject to paragraph (2), the provisions of section 552 of 
title 5, United States Code, that require search, review, pub-
lication, or disclosure of a record shall not apply to a record 
provided to the Office of the Director of National Intel-
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† HR 2701 EAS 
ligence by an element of the intelligence community from 
the exempted operational files of such element. 
‘‘(2) Paragraph (1) shall not apply with respect to a 
record of the Office that— 
‘‘(A) contains information derived or dissemi-
nated from an exempted operational file, unless such 
record is created by the Office for the sole purpose of 
organizing such exempted operational file for use by 
the Office; 
‘‘(B) is disseminated by the Office to a person 
other than an officer, employee, or contractor of the 
Office; or 
‘‘(C) is no longer designated as an exempted 
operational file in accordance with this title. 
‘‘(b) EFFECT OF PROVIDING FILES TO ODNI.—Not-
withstanding any other provision of this title, an exempted 
operational file that is provided to the Office by an element 
of the intelligence community shall not be subject to the pro-
visions of section 552 of title 5, United States Code, that 
require search, review, publication, or disclosure of a record 
solely because such element provides such exempted oper-
ational file to the Office. 
‘‘(c) SEARCH AND REVIEW FOR CERTAIN PURPOSES.— 
Notwithstanding subsection (a) or (b), an exempted oper-
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† HR 2701 EAS 
ational file shall continue to be subject to search and review 
for information concerning any of the following: 
‘‘(1) United States citizens or aliens lawfully ad-
mitted for permanent residence who have requested 
information on themselves pursuant to the provisions 
of section 552 or 552a of title 5, United States Code. 
‘‘(2) Any special activity the existence of which 
is not exempt from disclosure under the provisions of 
section 552 of title 5, United States Code. 
‘‘(3) The specific subject matter of an investiga-
tion for any impropriety or violation of law, Execu-
tive order, or Presidential directive, in the conduct of 
an intelligence activity by any of the following: 
‘‘(A) The Select Committee on Intelligence 
of the Senate. 
‘‘(B) The Permanent Select Committee on 
Intelligence of the House of Representatives. 
‘‘(C) The Intelligence Oversight Board. 
‘‘(D) The Department of Justice. 
‘‘(E) The Office of the Director of National 
Intelligence. 
‘‘(F) The Office of the Inspector General of 
the Intelligence Community. 
‘‘(d) DECENNIAL
REVIEW
OF
EXEMPTED
OPER-
ATIONAL FILES.—(1) Not less than once every 10 years, the
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† HR 2701 EAS 
Director of National Intelligence shall review the exemp-
tions in force under subsection (a) to determine whether 
such exemptions may be removed from any category of ex-
empted files or any portion thereof. 
‘‘(2) The review required by paragraph (1) shall in-
clude consideration of the historical value or other public 
interest in the subject matter of the particular category of 
files or portions thereof and the potential for declassifying 
a significant part of the information contained therein. 
‘‘(3) A complainant that alleges that the Director of 
National Intelligence has improperly withheld records be-
cause of failure to comply with this subsection may seek 
judicial review in the district court of the United States 
of the district in which any of the parties reside, or in the 
District of Columbia. In such a proceeding, the court’s re-
view shall be limited to determining the following: 
‘‘(A) Whether the Director has conducted the re-
view required by paragraph (1) before the expiration 
of the 10-year period beginning on the date of the en-
actment of the Intelligence Authorization Act for Fis-
cal Year 2010 or before the expiration of the 10-year 
period beginning on the date of the most recent re-
view.
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† HR 2701 EAS 
‘‘(B) Whether the Director of National Intel-
ligence, in fact, considered the criteria set forth in 
paragraph (2) in conducting the required review. 
‘‘(e) SUPERSEDURE OF OTHER LAWS.—The provisions 
of this section may not be superseded except by a provision 
of law that is enacted after the date of the enactment of 
this section and that specifically cites and repeals or modi-
fies such provisions. 
‘‘(f) ALLEGATION; IMPROPER
WITHHOLDING
OF 
RECORDS; JUDICIAL REVIEW.—(1) Except as provided in 
paragraph (2), whenever any person who has requested 
agency records under section 552 of title 5, United States 
Code, alleges that the Office has withheld records improp-
erly because of failure to comply with any provision of this 
section, judicial review shall be available under the terms 
set forth in section 552(a)(4)(B) of title 5, United States 
Code. 
‘‘(2) Judicial review shall not be available in the man-
ner provided for under paragraph (1) as follows: 
‘‘(A) In any case in which information specifi-
cally authorized under criteria established by an Ex-
ecutive order to be kept secret in the interests of na-
tional defense or foreign relations is filed with, or 
produced for, the court by the Office, such informa-
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† HR 2701 EAS 
tion shall be examined ex parte, in camera by the 
court. 
‘‘(B) The court shall determine, to the fullest ex-
tent practicable, the issues of fact based on sworn 
written submissions of the parties. 
‘‘(C)(i) When a complainant alleges that re-
quested records were improperly withheld because of 
improper exemption of operational files, the Office 
may meet the burden of the Office under section 
552(a)(4)(B) of title 5, United States Code, by dem-
onstrating to the court by sworn written submission 
that exempted files likely to contain responsive 
records are records provided to the Office by an ele-
ment of the intelligence community from the exempted 
operational files of such element. 
‘‘(ii) The court may not order the Office to re-
view the content of any exempted file in order to 
make the demonstration required under clause (i), un-
less the complainant disputes the Office’s showing 
with a sworn written submission based on personal 
knowledge or otherwise admissible evidence. 
‘‘(D) In proceedings under subparagraph (C), a 
party may not obtain discovery pursuant to rules 26 
through 36 of the Federal Rules of Civil Procedure, 
except that requests for admissions may be made pur-
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† HR 2701 EAS 
suant to rules 26 and 36 of the Federal Rules of Civil 
Procedure. 
‘‘(E) If the court finds under this subsection that 
the Office has improperly withheld requested records 
because of failure to comply with any provision of 
this section, the court shall order the Office to search 
and review each appropriate exempted file for the re-
quested records and make such records, or portions 
thereof, available in accordance with the provisions of 
section 552 of title 5, United States Code (commonly 
referred to as the Freedom of Information Act), and 
such order shall be the exclusive remedy for failure to 
comply with this section. 
‘‘(F) If at any time following the filing of a com-
plaint pursuant to this paragraph the Office agrees to 
search each appropriate exempted file for the re-
quested records, the court shall dismiss the claim 
based upon such complaint. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘exempted operational file’ means 
a file of an element of the intelligence community 
that, in accordance with this title, is exempted from 
the provisions of section 552 of title 5, United States 
Code, that require search, review, publication, or dis-
closure of such file.
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† HR 2701 EAS 
‘‘(2) Except as otherwise specifically provided, 
the term ‘Office’ means the Office of the Director of 
National Intelligence.’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The table of 
contents in the first section of the National Security Act 
of 1947, as amended by section 406(b) of this Act, is further 
amended by inserting after the item relating to section 705 
the following new item: 
‘‘Sec. 706. Protection of certain files of the Office of the Director of National In-
telligence.’’. 
SEC. 409. COUNTERINTELLIGENCE INITIATIVES FOR THE 
INTELLIGENCE COMMUNITY. 
Section 1102 of the National Security Act of 1947 (50 
U.S.C. 442a) is amended— 
(1) in subsection (a)— 
(A) by striking paragraph (2); and 
(B) by striking ‘‘(1) In’’ and inserting 
‘‘In’’; and 
(2) in subsection (c)— 
(A) by striking paragraph (2); and 
(B) by striking ‘‘(1) The’’ and inserting 
‘‘The’’.
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† HR 2701 EAS 
SEC. 410. INAPPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT TO ADVISORY COMMITTEES OF 
THE OFFICE OF THE DIRECTOR OF NATIONAL 
INTELLIGENCE. 
(a) IN GENERAL.—Section 4(b) of the Federal Advi-
sory Committee Act (5 U.S.C. App.) is amended— 
(1) in paragraph (1), by striking ‘‘or’’; 
(2) in paragraph (2), by striking the period and 
inserting ‘‘; or’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(3) the Office of the Director of National Intel-
ligence, if the Director of National Intelligence deter-
mines that for reasons of national security such advi-
sory committee cannot comply with the requirements 
of this Act.’’. 
(b) ANNUAL REPORT.— 
(1) IN GENERAL.—The Director of National In-
telligence and the Director of the Central Intelligence 
Agency shall each submit to the congressional intel-
ligence committees an annual report on advisory com-
mittees created by each such Director. Each report 
shall include— 
(A) a description of each such advisory 
committee, including the subject matter of the 
committee; and
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† HR 2701 EAS 
(B) a list of members of each such advisory 
committee. 
(2) REPORT ON REASONS FOR ODNI EXCLUSION 
OF ADVISORY COMMITTEE FROM FACA.—Each report 
submitted by the Director of National Intelligence in 
accordance with paragraph (1) shall include the rea-
sons for a determination by the Director under sec-
tion 4(b)(3) of the Federal Advisory Committee Act (5 
U.S.C. App.), as added by subsection (a) of this sec-
tion, that an advisory committee cannot comply with 
the requirements of such Act. 
SEC. 411. MEMBERSHIP OF THE DIRECTOR OF NATIONAL 
INTELLIGENCE ON THE TRANSPORTATION 
SECURITY OVERSIGHT BOARD. 
Subparagraph (F) of section 115(b)(1) of title 49, 
United States Code, is amended to read as follows: 
‘‘(F) The Director of National Intelligence, 
or the Director’s designee.’’. 
SEC. 412. REPEAL OF CERTAIN AUTHORITIES RELATING TO 
THE OFFICE OF THE NATIONAL COUNTER-
INTELLIGENCE EXECUTIVE. 
(a) REPEAL OF CERTAIN AUTHORITIES.—Section 904 
of the Counterintelligence Enhancement Act of 2002 (50 
U.S.C. 402c) is amended— 
(1) by striking subsections (d), (h), (i), and (j);
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† HR 2701 EAS 
(2) by redesignating subsections (e), (f), (g), (k), 
(l), and (m) as subsections (d), (e), (f), (g), (h), and 
(i), respectively; and 
(3) in subsection (f), as redesignated by para-
graph (2), by striking paragraphs (3) and (4). 
(b) CONFORMING AMENDMENTS.—Such section 904 is 
further amended— 
(1) in subsection (d), as redesignated by sub-
section (a)(2) of this section, by striking ‘‘subsection 
(f)’’ each place it appears in paragraphs (1) and (2) 
and inserting ‘‘subsection (e)’’; and 
(2) in subsection (e), as so redesignated— 
(A) in paragraph (1), by striking ‘‘sub-
section (e)(1)’’ and inserting ‘‘subsection (d)(1)’’; 
and 
(B) in paragraph (2), by striking ‘‘sub-
section (e)(2)’’ and inserting ‘‘subsection (d)(2)’’. 
SEC. 413. MISUSE OF THE OFFICE OF THE DIRECTOR OF NA-
TIONAL INTELLIGENCE NAME, INITIALS, OR 
SEAL. 
(a) PROHIBITION.—Title XI of the National Security 
Act of 1947 (50 U.S.C. 442 et seq.) is amended by adding 
at the end the following new section:
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‘‘MISUSE OF THE OFFICE OF THE DIRECTOR OF NATIONAL 
INTELLIGENCE NAME, INITIALS, OR SEAL 
‘‘SEC. 1103. (a) PROHIBITED ACTS.—No person may, 
except with the written permission of the Director of Na-
tional Intelligence, or a designee of the Director, knowingly 
use the words ‘Office of the Director of National Intel-
ligence’, the initials ‘ODNI’, the seal of the Office of the 
Director of National Intelligence, or any colorable imitation 
of such words, initials, or seal in connection with any mer-
chandise, impersonation, solicitation, or commercial activ-
ity in a manner reasonably calculated to convey the impres-
sion that such use is approved, endorsed, or authorized by 
the Director of National Intelligence. 
‘‘(b) INJUNCTION.—Whenever it appears to the Attor-
ney General that any person is engaged or is about to en-
gage in an act or practice which constitutes or will con-
stitute conduct prohibited by subsection (a), the Attorney 
General may initiate a civil proceeding in a district court 
of the United States to enjoin such act or practice. Such 
court shall proceed as soon as practicable to the hearing 
and determination of such action and may, at any time 
before final determination, enter such restraining orders or 
prohibitions, or take such other action as is warranted, to 
prevent injury to the United States or to any person or 
class of persons for whose protection the action is brought.’’.
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† HR 2701 EAS 
(b) TABLE OF CONTENTS AMENDMENT.—The table of 
contents in the first section of such Act, as amended by sec-
tion 408 of this Act, is further amended by inserting after 
the item relating to section 1102 the following new item: 
‘‘Sec. 1103. Misuse of the Office of the Director of National Intelligence name, ini-
tials, or seal.’’. 
SEC. 414. PLAN TO IMPLEMENT RECOMMENDATIONS OF 
THE DATA CENTER ENERGY EFFICIENCY RE-
PORTS. 
(a) PLAN.—The Director of National Intelligence shall 
develop a plan to implement the recommendations of the 
report submitted to Congress under section 1 of the Act enti-
tled ‘‘An Act to study and promote the use of energy effi-
cient computer servers in the United States’’ (Public Law 
109–431; 120 Stat. 2920) across the intelligence commu-
nity. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Director of 
National Intelligence shall submit to the congressional 
intelligence committees a report containing the plan 
developed under subsection (a). 
(2) FORM.—The report required under para-
graph (1) shall be submitted in unclassified form, but 
may include a classified annex.
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SEC. 415. DIRECTOR OF NATIONAL INTELLIGENCE SUP-
PORT 
FOR 
REVIEWS 
OF 
INTERNATIONAL 
TRAFFIC IN ARMS REGULATIONS AND EX-
PORT ADMINISTRATION REGULATIONS. 
The Director of National Intelligence may provide sup-
port for any review conducted by a department or agency 
of the United States Government of the International Traf-
fic in Arms Regulations or Export Administration Regula-
tions, including a review of technologies and goods on the 
United States Munitions List and Commerce Control List 
that may warrant controls that are different or additional 
to the controls such technologies and goods are subject to 
at the time of such review. 
Subtitle B—Central Intelligence 
Agency 
SEC. 421. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR 
PROTECTIVE PERSONNEL OF THE CENTRAL 
INTELLIGENCE AGENCY. 
Section 5(a)(4) of the Central Intelligence Agency Act 
of 1949 (50 U.S.C. 403f(a)(4)) is amended— 
(1) by striking ‘‘and the protection’’ and insert-
ing ‘‘the protection’’; and 
(2) by inserting before the semicolon the fol-
lowing: ‘‘, and the protection of the Director of Na-
tional Intelligence and such personnel of the Office of
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† HR 2701 EAS 
the Director of National Intelligence as the Director 
of National Intelligence may designate’’. 
SEC. 422. APPEALS FROM DECISIONS INVOLVING CON-
TRACTS OF THE CENTRAL INTELLIGENCE 
AGENCY. 
Section 8(d) of the Contract Disputes Act of 1978 (41 
U.S.C. 607(d)) is amended by adding at the end ‘‘Notwith-
standing any other provision of this section and any other 
provision of law, an appeal from a decision of a contracting 
officer of the Central Intelligence Agency relative to a con-
tract made by that Agency may be filed with whichever of 
the Armed Services Board of Contract Appeals or the Civil-
ian Board of Contract Appeals is specified by such con-
tracting officer as the Board to which such an appeal may 
be made and such Board shall have jurisdiction to decide 
that appeal.’’. 
SEC. 423. DEPUTY DIRECTOR OF THE CENTRAL INTEL-
LIGENCE AGENCY. 
(a) ESTABLISHMENT AND DUTIES OF DEPUTY DIREC-
TOR OF THE CIA.—Title I of the National Security Act 
of 1947 (50 U.S.C. 402 et seq.), as amended by section 406 
of this Act, is further amended by inserting after section 
104A the following new section:
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† HR 2701 EAS 
‘‘DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE 
AGENCY 
‘‘SEC. 104B. (a) DEPUTY DIRECTOR OF THE CENTRAL 
INTELLIGENCE AGENCY.—There is a Deputy Director of the 
Central Intelligence Agency who shall be appointed by the 
President. 
‘‘(b) DUTIES.—The Deputy Director of the Central In-
telligence Agency shall— 
‘‘(1) assist the Director of the Central Intel-
ligence Agency in carrying out the duties and respon-
sibilities of the Director of the Central Intelligence 
Agency; and 
‘‘(2) during the absence or disability of the Di-
rector of the Central Intelligence Agency, or during a 
vacancy in the position of Director of the Central In-
telligence Agency, act for and exercise the powers of 
the Director of the Central Intelligence Agency.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) EXECUTIVE SCHEDULE III.—Section 5314 of 
title 5, United States Code, is amended by striking 
‘‘Deputy Directors of Central Intelligence (2)’’ and 
inserting ‘‘Deputy Director of the Central Intelligence 
Agency’’. 
(2) TABLE
OF
CONTENTS
AMENDMENT.—The 
table of contents in the first section of the National
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† HR 2701 EAS 
Security Act of 1947, as amended by section 414 of 
this Act, is further amended by inserting after the 
item relating to section 104A the following new item: 
‘‘Sec. 104B. Deputy Director of the Central Intelligence Agency.’’. 
(c) APPLICABILITY.—The amendments made by this 
section shall apply on the earlier of— 
(1) the date of the appointment by the President 
of an individual to serve as Deputy Director of the 
Central Intelligence Agency pursuant to section 104B 
of the National Security Act of 1947, as added by 
subsection (a), except that the individual administra-
tively performing the duties of the Deputy Director of 
the Central Intelligence Agency as of the date of the 
enactment of this Act may continue to perform such 
duties until the individual appointed to the position 
of Deputy Director of the Central Intelligence Agency 
assumes the duties of such position; or 
(2) the date of the cessation of the performance 
of the duties of the Deputy Director of the Central In-
telligence Agency by the individual administratively 
performing such duties as of the date of the enactment 
of this Act. 
SEC. 424. AUTHORITY TO AUTHORIZE TRAVEL ON A COM-
MON CARRIER. 
Subsection (b) of section 116 of the National Security 
Act of 1947 (50 U.S.C. 404k) is amended by striking the
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† HR 2701 EAS 
period at the end and inserting ‘‘, who may delegate such 
authority to other appropriate officials of the Central Intel-
ligence Agency.’’. 
SEC. 425. INSPECTOR GENERAL FOR THE CENTRAL INTEL-
LIGENCE AGENCY. 
(a) APPOINTMENT AND QUALIFICATIONS OF THE IN-
SPECTOR GENERAL.—Paragraph (1) of section 17(b) of the 
Central Intelligence Agency Act of 1949 (50 U.S.C. 403q(b)) 
is amended by striking the second and third sentences and 
inserting ‘‘This appointment shall be made without regard 
to political affiliation and shall be on the basis of integrity 
and demonstrated ability in accounting, auditing, financial 
analysis, law, management analysis, public administra-
tion, or investigation. Such appointment shall also be made 
on the basis of compliance with the security standards of 
the Agency and prior experience in the field of foreign intel-
ligence.’’. 
(b) REMOVAL OF THE INSPECTOR GENERAL.—Para-
graph (6) of section 17(b) of the Central Intelligence Agency 
Act of 1949 (50 U.S.C. 403q(b)) is amended— 
(1) by striking ‘‘immediately’’; and 
(2) by striking the period at the end and insert-
ing ‘‘not later than 30 days prior to the effective date 
of such removal. Nothing in this paragraph shall be
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† HR 2701 EAS 
construed to prohibit a personnel action otherwise au-
thorized by law, other than transfer or removal.’’. 
(c) APPLICATION OF SEMIANNUAL REPORTING RE-
QUIREMENTS WITH RESPECT TO REVIEW REPORTS.— 
Paragraph (1) of section 17(d) of the Central Intelligence 
Agency Act of 1949 (50 U.S.C. 403q(d)) is amended in the 
matter preceding subparagraph (A) by inserting ‘‘review,’’ 
after ‘‘investigation,’’. 
(d) PROTECTION
AGAINST
REPRISALS.—Subpara-
graph (B) of section 17(e)(3) of the Central Intelligence 
Agency Act of 1949 (50 U.S.C. 403q(e)(3)) is amended by 
inserting ‘‘or providing such information’’ after ‘‘making 
such complaint’’. 
(e) INSPECTOR GENERAL SUBPOENA POWER.—Sub-
paragraph (A) of section 17(e)(5) of the Central Intelligence 
Agency Act of 1949 (50 U.S.C. 403q(e)(5)) is amended by 
inserting ‘‘in any medium (including electronically stored 
information or any tangible thing)’’ after ‘‘other data’’. 
(f) OTHER ADMINISTRATIVE AUTHORITIES.— 
(1) IN GENERAL.—Subsection (e) of section 17 of 
the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403q), as amended by subsections (d) and (e) 
of this section, is further amended— 
(A) by redesignating paragraph (8) as sub-
paragraph (9);
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† HR 2701 EAS 
(B) in paragraph (9), as so redesignated— 
(i) by striking ‘‘Subject to the concur-
rence of the Director, the’’ and inserting 
‘‘The’’; and 
(ii) by adding at the end the following: 
‘‘Consistent with budgetary and personnel 
resources allocated by the Director, the In-
spector General has final approval of— 
‘‘(A) the selection of internal and external 
candidates for employment with the Office of In-
spector General; and 
‘‘(B) all other personnel decisions con-
cerning personnel permanently assigned to the 
Office of Inspector General, including selection 
and appointment to the Senior Intelligence Serv-
ice, but excluding all security-based determina-
tions that are not within the authority of a head 
of other Central Intelligence Agency offices.’’; and 
(C) by inserting after paragraph (7) the fol-
lowing new paragraph: 
‘‘(8)(A) The Inspector General shall— 
‘‘(i) appoint a Counsel to the Inspector General 
who shall report to the Inspector General; or 
‘‘(ii) obtain the services of a counsel appointed 
by and directly reporting to another Inspector Gen-
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† HR 2701 EAS 
eral or the Council of the Inspectors General on Integ-
rity and Efficiency on a reimbursable basis. 
‘‘(B) The counsel appointed or obtained under sub-
paragraph (A) shall perform such functions as the Inspector 
General may prescribe.’’. 
(2) CONSTRUCTION.—Nothing in the amendment 
made by paragraph (1)(C) shall be construed to alter 
the duties and responsibilities of the General Counsel 
of the Central Intelligence Agency. 
SEC. 426. BUDGET OF THE INSPECTOR GENERAL FOR THE 
CENTRAL INTELLIGENCE AGENCY. 
Subsection (f) of section 17 of the Central Intelligence 
Agency Act of 1949 (50 U.S.C. 403q) is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘Beginning’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(2) For each fiscal year, the Inspector General shall 
transmit a budget estimate and request through the Director 
to the Director of National Intelligence that specifies for 
such fiscal year— 
‘‘(A) the aggregate amount requested for the op-
erations of the Inspector General; 
‘‘(B) the amount requested for all training re-
quirements of the Inspector General, including a cer-
tification from the Inspector General that the amount
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† HR 2701 EAS 
requested is sufficient to fund all training require-
ments for the Office; and 
‘‘(C) the amount requested to support the Coun-
cil of the Inspectors General on Integrity and Effi-
ciency, including a justification for such amount. 
‘‘(3) In transmitting a proposed budget to the Presi-
dent for a fiscal year, the Director of National Intelligence 
shall include for such fiscal year— 
‘‘(A) the aggregate amount requested for the In-
spector General of the Central Intelligence Agency; 
‘‘(B) the amount requested for Inspector General 
training; 
‘‘(C) the amount requested to support the Coun-
cil of the Inspectors General on Integrity and Effi-
ciency; and 
‘‘(D) the comments of the Inspector General, if 
any, with respect to such proposed budget. 
‘‘(4) The Director of National Intelligence shall submit 
to the Committee on Appropriations and the Select Com-
mittee on Intelligence of the Senate and the Committee on 
Appropriations and the Permanent Select Committee on In-
telligence of the House of Representatives for each fiscal 
year— 
‘‘(A) a separate statement of the budget estimate 
transmitted pursuant to paragraph (2);
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† HR 2701 EAS 
‘‘(B) the amount requested by the Director of Na-
tional Intelligence for the Inspector General pursuant 
to paragraph (3)(A); 
‘‘(C) the amount requested by the Director of Na-
tional Intelligence for training of personnel of the Of-
fice of the Inspector General pursuant to paragraph 
(3)(B); 
‘‘(D) the amount requested by the Director of Na-
tional Intelligence for support for the Council of the 
Inspectors General on Integrity and Efficiency pursu-
ant to paragraph (3)(C); and 
‘‘(E) the comments of the Inspector General 
under paragraph (3)(D), if any, on the amounts re-
quested pursuant to paragraph (3), including whether 
such amounts would substantially inhibit the Inspec-
tor General from performing the duties of the Office.’’. 
SEC. 
427. 
PUBLIC 
AVAILABILITY 
OF 
UNCLASSIFIED 
VERSIONS OF CERTAIN INTELLIGENCE PROD-
UCTS. 
The Director of the Central Intelligence Agency shall 
make publicly available an unclassified version of any 
memoranda or finished intelligence products assessing 
the— 
(1) information gained from high-value detainee 
reporting; and
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† HR 2701 EAS 
(2) dated April 3, 2003, July 15, 2004, March 
2, 2005, and June 1, 2005. 
Subtitle C—Defense Intelligence 
Components 
SEC. 431. INSPECTOR GENERAL MATTERS. 
(a) COVERAGE UNDER INSPECTOR GENERAL ACT OF 
1978.—Subsection (a)(2) of section 8G of the Inspector Gen-
eral Act of 1978 (5 U.S.C. App.) is amended— 
(1) by inserting ‘‘the Defense Intelligence Agen-
cy,’’ after ‘‘the Corporation for Public Broadcasting,’’; 
(2) by inserting ‘‘the National Geospatial-Intel-
ligence Agency,’’ after ‘‘the National Endowment for 
the Humanities,’’; and 
(3) by inserting ‘‘the National Reconnaissance 
Office, the National Security Agency,’’ after ‘‘the Na-
tional Labor Relations Board,’’. 
(b) CERTAIN DESIGNATIONS UNDER INSPECTOR GEN-
ERAL ACT OF 1978.—Subsection (a) of section 8H of the 
Inspector General Act of 1978 (5 U.S.C. App.) is amended 
by adding at the end the following new paragraph: 
‘‘(3) The Inspectors General of the Defense Intelligence 
Agency, the National Geospatial-Intelligence Agency, the 
National Reconnaissance Office, and the National Security 
Agency shall be designees of the Inspector General of the 
Department of Defense for purposes of this section.’’.
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† HR 2701 EAS 
(c) POWER OF HEADS OF ELEMENTS OVER INVES-
TIGATIONS.—Subsection (d) of section 8G of such Act (5 
U.S.C. App.) is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’; 
(2) in the second sentence of paragraph (1), as 
designated by paragraph (1) of this subsection, by 
striking ‘‘The head’’ and inserting ‘‘Except as pro-
vided in paragraph (2), the head’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(2)(A) The Secretary of Defense, in consultation with 
the Director of National Intelligence, may prohibit the in-
spector general of an element of the intelligence community 
specified in subparagraph (D) from initiating, carrying 
out, or completing any audit or investigation if the Sec-
retary determines that the prohibition is necessary to pro-
tect vital national security interests of the United States. 
‘‘(B) If the Secretary exercises the authority under sub-
paragraph (A), the Secretary shall submit to the committees 
of Congress specified in subparagraph (E) an appropriately 
classified statement of the reasons for the exercise of such 
authority not later than 7 days after the exercise of such 
authority. 
‘‘(C) At the same time the Secretary submits under 
subparagraph (B) a statement on the exercise of the author-
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† HR 2701 EAS 
ity in subparagraph (A) to the committees of Congress spec-
ified in subparagraph (E), the Secretary shall notify the 
inspector general of such element of the submittal of such 
statement and, to the extent consistent with the protection 
of intelligence sources and methods, provide such inspector 
general with a copy of such statement. Such inspector gen-
eral may submit to such committees of Congress any com-
ments on a notice or statement received by the inspector 
general under this subparagraph that the inspector general 
considers appropriate. 
‘‘(D) The elements of the intelligence community speci-
fied in this subparagraph are as follows: 
‘‘(i) The Defense Intelligence Agency. 
‘‘(ii) The National Geospatial-Intelligence Agen-
cy. 
‘‘(iii) The National Reconnaissance Office. 
‘‘(iv) The National Security Agency. 
‘‘(E) The committees of Congress specified in this sub-
paragraph are— 
‘‘(i) the Committee on Armed Services and the 
Select Committee on Intelligence of the Senate; and 
‘‘(ii) the Committee on Armed Services and the 
Permanent Select Committee on Intelligence of the 
House of Representatives.’’.
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† HR 2701 EAS 
SEC. 432. CLARIFICATION OF NATIONAL SECURITY MIS-
SIONS 
OF 
NATIONAL 
GEOSPATIAL-INTEL-
LIGENCE AGENCY FOR ANALYSIS AND DIS-
SEMINATION OF CERTAIN INTELLIGENCE IN-
FORMATION. 
Section 442(a) of title 10, United States Code, is 
amended— 
(1) by redesignating paragraph (2) as para-
graph (3); 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph (2): 
‘‘(2)(A) As directed by the Director of National Intel-
ligence, the National Geospatial-Intelligence Agency shall 
develop a system to facilitate the analysis, dissemination, 
and incorporation of likenesses, videos, and presentations 
produced by ground-based platforms, including handheld or 
clandestine photography taken by or on behalf of human 
intelligence collection organizations or available as open- 
source information, into the National System for Geospatial 
Intelligence. 
‘‘(B) The authority provided by this paragraph does 
not include authority for the National Geospatial-Intel-
ligence Agency to manage tasking of handheld or clandes-
tine photography taken by or on behalf of human intel-
ligence collection organizations.’’; and
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† HR 2701 EAS 
(3) in paragraph (3), as so redesignated, by 
striking ‘‘paragraph (1)’’ and inserting ‘‘paragraphs 
(1) and (2)’’. 
SEC. 433. DIRECTOR OF COMPLIANCE OF THE NATIONAL 
SECURITY AGENCY. 
The National Security Agency Act of 1959 (50 U.S.C. 
402 note) is amended by inserting after the first section 
the following new section: 
‘‘SEC. 2. There is a Director of Compliance of the Na-
tional Security Agency, who shall be appointed by the Di-
rector of the National Security Agency and who shall be 
responsible for the programs of compliance over mission ac-
tivities of the National Security Agency.’’. 
Subtitle D—Other Elements 
SEC. 441. CODIFICATION OF ADDITIONAL ELEMENTS OF 
THE INTELLIGENCE COMMUNITY. 
Section 3(4) of the National Security Act of 1947 (50 
U.S.C. 401a(4)) is amended— 
(1) in subparagraph (H)— 
(A) by inserting ‘‘the Coast Guard,’’ after 
‘‘the Marine Corps,’’; and 
(B) by inserting ‘‘the Drug Enforcement 
Administration,’’ after ‘‘the Federal Bureau of 
Investigation,’’; and
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† HR 2701 EAS 
(2) in subparagraph (K), by striking ‘‘, includ-
ing the Office of Intelligence of the Coast Guard’’. 
SEC. 
442. 
AUTHORIZATION 
OF 
APPROPRIATIONS 
FOR 
COAST GUARD NATIONAL TACTICAL INTE-
GRATION OFFICE. 
Title 14, United States Code, is amended— 
(1) in paragraph (4) of section 93(a), by striking 
‘‘function’’ and inserting ‘‘function, including re-
search, development, test, or evaluation related to in-
telligence systems and capabilities,’’; and 
(2) in paragraph (4) of section 662, by inserting 
‘‘intelligence systems and capabilities or’’ after ‘‘re-
lated to’’. 
SEC. 443. RETENTION AND RELOCATION BONUSES FOR THE 
FEDERAL BUREAU OF INVESTIGATION. 
Section 5759 of title 5, United States Code, is amend-
ed— 
(1) in subsection (a)(2), by striking ‘‘is trans-
ferred to a different geographic area with a higher 
cost of living’’ and inserting ‘‘is subject to a mobility 
agreement and is transferred to a position in a dif-
ferent geographical area in which there is a shortage 
of critical skills’’; 
(2) in subsection (b)(2), by striking the period at 
the end and inserting ‘‘, including requirements for a
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† HR 2701 EAS 
bonus recipient’s repayment of a bonus in cir-
cumstances determined by the Director of the Federal 
Bureau of Investigation.’’; 
(3) in subsection (c), by striking ‘‘basic pay.’’ 
and inserting ‘‘annual rate of basic pay. The bonus 
may be paid in a lump sum or installments linked 
to completion of periods of service.’’; and 
(4) in subsection (d), by striking ‘‘retention 
bonus’’ and inserting ‘‘bonus paid under this sec-
tion’’. 
SEC. 444. EXTENSION OF THE AUTHORITY OF THE FEDERAL 
BUREAU OF INVESTIGATION TO WAIVE MAN-
DATORY RETIREMENT PROVISIONS. 
(a) CIVIL
SERVICE
RETIREMENT
SYSTEM.—Sub-
section (b) of section 8335 of title 5, United States Code, 
is amended— 
(1) in the paragraph (2) enacted by section 
112(a)(2) of the Department of Justice Appropria-
tions Act, 2005 (title I of division B of Public Law 
108–447; 118 Stat. 2868), by striking ‘‘2009’’ and in-
serting ‘‘2011’’; and 
(2) by striking the paragraph (2) enacted by sec-
tion 2005(a)(2) of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (Public Law 108–458; 
118 Stat. 3704).
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† HR 2701 EAS 
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.— 
Subsection (b) of section 8425 of title 5, United States Code, 
is amended— 
(1) in the paragraph (2) enacted by section 
112(b)(2) of the Department of Justice Appropria-
tions Act, 2005 (title I of division B of Public Law 
108–447; 118 Stat. 2868), by striking ‘‘2009’’ and in-
serting ‘‘2011’’; and 
(2) by striking the paragraph (2) enacted by sec-
tion 2005(b)(2) of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (Public Law 108–458; 
118 Stat. 3704). 
SEC. 
445. 
REPORT 
AND 
ASSESSMENTS 
ON 
TRANS-
FORMATION OF THE INTELLIGENCE CAPA-
BILITIES OF THE FEDERAL BUREAU OF IN-
VESTIGATION. 
(a) REPORT.— 
(1) REQUIREMENT.—Not later than 180 days 
after the date of the enactment of this Act, the Direc-
tor of the Federal Bureau of Investigation, in con-
sultation with the Director of National Intelligence, 
shall submit to the congressional intelligence commit-
tees, the Committee on the Judiciary of the Senate, 
and the Committee on the Judiciary of the House of 
Representatives a report describing—
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† HR 2701 EAS 
(A) a long-term vision for the intelligence 
capabilities of the National Security Branch of 
the Bureau; 
(B) a strategic plan for the National Secu-
rity Branch; and 
(C) the progress made in advancing the ca-
pabilities of the National Security Branch. 
(2) CONTENT.—The report required by para-
graph (1) shall include— 
(A) a description of the direction, strategy, 
and goals for improving the intelligence capa-
bilities of the National Security Branch; 
(B) a description of the intelligence and na-
tional security capabilities of the National Secu-
rity Branch that will be fully functional within 
the five-year period beginning on the date on 
which the report is submitted; 
(C) a description— 
(i) of the internal reforms that were 
carried out at the National Security Branch 
during the two-year period ending on the 
date on which the report is submitted; and 
(ii) of the manner in which such re-
forms have advanced the capabilities of the 
National Security Branch;
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† HR 2701 EAS 
(D) an assessment of the effectiveness of the 
National Security Branch in performing tasks 
that are critical to the effective functioning of the 
National Security Branch as an intelligence 
agency, including— 
(i) human intelligence collection, both 
within and outside the parameters of an ex-
isting case file or ongoing investigation, in 
a manner that protects civil liberties; 
(ii) intelligence analysis, including the 
ability of the National Security Branch to 
produce, and provide policymakers with, in-
formation on national security threats to 
the United States; 
(iii) management, including the ability 
of the National Security Branch to manage 
and develop human capital and implement 
an organizational structure that supports 
the objectives and strategies of the Branch; 
(iv) integration of the National Secu-
rity Branch into the intelligence commu-
nity, including an ability to robustly share 
intelligence and effectively communicate 
and operate with appropriate Federal, 
State, local, and tribal partners;
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† HR 2701 EAS 
(v) implementation of an infrastruc-
ture that supports the national security and 
intelligence missions of the National Secu-
rity Branch, including proper information 
technology and facilities; and 
(vi) reformation of the culture of the 
National Security Branch, including the in-
tegration by the Branch of intelligence ana-
lysts and other professional staff into intel-
ligence collection operations and the success 
of the National Security Branch in ensur-
ing that intelligence and threat information 
drive the operations of the Branch; 
(E) performance metrics and specific an-
nual timetables for advancing the performance of 
the tasks referred to in clauses (i) through (vi) 
of subparagraph (D) and a description of the ac-
tivities being undertaken to ensure that the per-
formance of the National Security Branch in 
carrying out such tasks improves; and 
(F) an assessment of the effectiveness of the 
field office supervisory term limit policy of the 
Federal Bureau of Investigation that requires the 
mandatory reassignment of a supervisor of the 
Bureau after a specific term of years.
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(b) ANNUAL ASSESSMENTS.— 
(1) REQUIREMENT
FOR
ASSESSMENTS.—Not 
later than 180 days after the date on which the report 
required by subsection (a)(1) is submitted, and annu-
ally thereafter for five years, the Director of National 
Intelligence, in consultation with the Director of the 
Federal Bureau of Investigation, shall submit to the 
congressional intelligence committees, the Committee 
on the Judiciary of the Senate, and the Committee on 
the Judiciary of the House of Representatives an as-
sessment of the performance of the National Security 
Branch in carrying out the tasks referred to in 
clauses (i) through (vi) of subsection (a)(2)(D) in 
comparison to such performance during previous 
years. 
(2) CONSIDERATIONS.—In conducting each as-
sessment required by paragraph (1), the Director of 
National Intelligence— 
(A) shall use the performance metrics and 
specific annual timetables for carrying out such 
tasks referred to in subsection (a)(2)(E); and 
(B) may request the assistance of any ex-
pert that the Director considers appropriate, in-
cluding an inspector general of an appropriate 
department or agency.
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† HR 2701 EAS 
TITLE V—REORGANIZATION OF 
THE 
DIPLOMATIC 
TELE-
COMMUNICATIONS 
SERVICE 
PROGRAM OFFICE 
SEC. 501. REORGANIZATION OF THE DIPLOMATIC TELE-
COMMUNICATIONS SERVICE PROGRAM OF-
FICE. 
(a) REORGANIZATION
OF
THE DIPLOMATIC TELE-
COMMUNICATIONS SERVICE PROGRAM OFFICE.— 
(1) IN GENERAL.—Subtitle B of title III of the 
Intelligence Authorization Act for Fiscal Year 2001 
(Public Law 106–567; 22 U.S.C. 7301 et seq.) is 
amended by striking sections 321, 322, 323, and 324, 
and inserting the following new sections: 
‘‘SEC. 321. DIPLOMATIC TELECOMMUNICATIONS SERVICE 
PROGRAM OFFICE. 
‘‘(a) 
REORGANIZATION.—The 
Diplomatic 
Tele-
communications Service Program Office established pursu-
ant to title V of Public Law 102–140 shall be reorganized 
in accordance with this subtitle. 
‘‘(b) DUTIES.—The duties of the DTS–PO include im-
plementing a program for the establishment and mainte-
nance of a DTS Network capable of providing multiple lev-
els of service to meet the wide-ranging needs of all United 
States Government departments and agencies operating
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† HR 2701 EAS 
from diplomatic and consular facilities outside of the 
United States, including national security needs for secure, 
reliable, and robust communications capabilities. 
‘‘SEC. 322. ESTABLISHMENT OF THE DIPLOMATIC TELE-
COMMUNICATIONS 
SERVICE 
GOVERNANCE 
BOARD. 
‘‘(a) GOVERNANCE BOARD.— 
‘‘(1) ESTABLISHMENT.—There is established the 
Diplomatic Telecommunications Service Governance 
Board to direct and oversee the activities and per-
formance of the DTS–PO. 
‘‘(2) EXECUTIVE AGENT.— 
‘‘(A) DESIGNATION.—The Director of the 
Office of Management and Budget shall des-
ignate, from among the departments and agen-
cies of the United States Government that use the 
DTS Network, a department or agency as the 
DTS–PO Executive Agent. 
‘‘(B) DUTIES.—The Executive Agent des-
ignated under subparagraph (A) shall— 
‘‘(i) nominate a Director of the DTS– 
PO for approval by the Governance Board 
in accordance with subsection (e); and 
‘‘(ii) perform such other duties as es-
tablished by the Governance Board in the
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† HR 2701 EAS 
determination of written implementing ar-
rangements and other relevant and appro-
priate governance processes and procedures 
under paragraph (3). 
‘‘(3) REQUIREMENT
FOR
IMPLEMENTING
AR-
RANGEMENTS.—Subject to the requirements of this 
subtitle, the Governance Board shall determine the 
written implementing arrangements and other rel-
evant and appropriate governance processes and pro-
cedures to manage, oversee, resource, or otherwise ad-
minister the DTS–PO. 
‘‘(b) MEMBERSHIP.— 
‘‘(1) SELECTION.—The Director of the Office of 
Management and Budget shall designate from among 
the departments and agencies that use the DTS Net-
work— 
‘‘(A) four departments and agencies to each 
appoint one voting member of the Governance 
Board from the personnel of such departments 
and agencies; and 
‘‘(B) any other departments and agencies 
that the Director considers appropriate to each 
appoint one nonvoting member of the Govern-
ance Board from the personnel of such depart-
ments and agencies.
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† HR 2701 EAS 
‘‘(2) VOTING
AND
NONVOTING
MEMBERS.—The 
Governance Board shall consist of voting members 
and nonvoting members as follows: 
‘‘(A) VOTING MEMBERS.—The voting mem-
bers shall consist of a Chair, who shall be des-
ignated by the Director of the Office of Manage-
ment and Budget, and the four members ap-
pointed by departments and agencies designated 
under paragraph (1)(A). 
‘‘(B) NONVOTING
MEMBERS.—The non-
voting members shall consist of the members ap-
pointed by departments and agencies designated 
under paragraph (1)(B) and shall act in an ad-
visory capacity. 
‘‘(c) CHAIR DUTIES AND AUTHORITIES.—The Chair of 
the Governance Board shall— 
‘‘(1) preside over all meetings and deliberations 
of the Governance Board; 
‘‘(2) provide the Secretariat functions of the Gov-
ernance Board; and 
‘‘(3) propose bylaws governing the operation of 
the Governance Board. 
‘‘(d) QUORUM, DECISIONS, MEETINGS.—A quorum of 
the Governance Board shall consist of the presence of the 
Chair and four voting members. The decisions of the Gov-
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† HR 2701 EAS 
ernance Board shall require a majority of the voting mem-
bership. The Chair shall convene a meeting of the Govern-
ance Board not less than four times each year to carry out 
the functions of the Governance Board. The Chair or any 
voting member may convene a meeting of the Governance 
Board. 
‘‘(e) GOVERNANCE BOARD DUTIES.—The Governance 
Board shall have the following duties with respect to the 
DTS–PO: 
‘‘(1) To approve and monitor the plans, services, 
priorities, policies, and pricing methodology of the 
DTS–PO for bandwidth costs and projects carried out 
at the request of a department or agency that uses the 
DTS Network. 
‘‘(2) To provide to the DTS–PO Executive Agent 
the recommendation of the Governance Board with re-
spect to the approval, disapproval, or modification of 
each annual budget request for the DTS–PO, prior to 
the submission of any such request by the Executive 
Agent. 
‘‘(3) To review the performance of the DTS–PO 
against plans approved under paragraph (1) and the 
management activities and internal controls of the 
DTS–PO.
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† HR 2701 EAS 
‘‘(4) To require from the DTS–PO any plans, re-
ports, documents, and records the Governance Board 
considers necessary to perform its oversight respon-
sibilities. 
‘‘(5) To conduct and evaluate independent audits 
of the DTS–PO. 
‘‘(6) To approve or disapprove the nomination of 
the Director of the DTS–PO by the Executive Agent 
with a majority vote of the Governance Board. 
‘‘(7) To recommend to the Executive Agent the 
replacement of the Director of the DTS–PO with a 
majority vote of the Governance Board. 
‘‘(f) NATIONAL SECURITY INTERESTS.—The Govern-
ance Board shall ensure that those enhancements of, and 
the provision of service for, telecommunication capabilities 
that involve the national security interests of the United 
States receive the highest prioritization. 
‘‘SEC. 323. FUNDING OF THE DIPLOMATIC TELECOMMUNI-
CATIONS SERVICE. 
‘‘(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be nec-
essary for the operations, maintenance, development, en-
hancement, modernization, and investment costs of the DTS 
Network and the DTS–PO. Funds appropriated for alloca-
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† HR 2701 EAS 
tion to the DTS–PO shall remain available to the DTS– 
PO for a period of two fiscal years. 
‘‘(b) FEES.—The DTS–PO shall charge a department 
or agency that uses the DTS Network for only those band-
width costs attributable to such department or agency and 
for specific projects carried out at the request of such de-
partment or agency, pursuant to the pricing methodology 
for such bandwidth costs and such projects approved under 
section 322(e)(1), for which amounts have not been appro-
priated for allocation to the DTS–PO. The DTS–PO is au-
thorized to directly receive payments from departments or 
agencies that use the DTS Network and to invoice such de-
partments or agencies for the fees under this section either 
in advance of, or upon or after, providing the bandwidth 
or performing such projects. Such funds received from such 
departments or agencies shall remain available to the DTS– 
PO for a period of two fiscal years. 
‘‘SEC. 324. DEFINITIONS. 
‘‘In this subtitle: 
‘‘(1) DTS NETWORK.—The term ‘DTS Network’ 
means the worldwide telecommunications network 
supporting all United States Government agencies 
and departments operating from diplomatic and con-
sular facilities outside of the United States.
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† HR 2701 EAS 
‘‘(2) DTS–PO.—The term ‘DTS–PO’ means the 
Diplomatic Telecommunications Service Program Of-
fice. 
‘‘(3) GOVERNANCE BOARD.—The term ‘Govern-
ance Board’ means the Diplomatic Telecommuni-
cations Service Governance Board established under 
section 322(a)(1).’’. 
(2) TABLE
OF
CONTENTS
AMENDMENT.—The 
table of contents in section 1(b) of the Intelligence Au-
thorization Act for Fiscal Year 2001 (Public Law 
106–567; 114 Stat. 2831) is amended by striking the 
items relating to sections 321, 322, 323, and 324 and 
inserting the following new items: 
‘‘Sec. 321. Diplomatic Telecommunications Service Program Office. 
‘‘Sec. 322. Establishment of the Diplomatic Telecommunications Service Govern-
ance Board. 
‘‘Sec. 323. Funding of the Diplomatic Telecommunications Service. 
‘‘Sec. 324. Definitions.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) REPEAL OF SUSPENSION OF REORGANIZA-
TION.— 
(A) REPEAL.—The Intelligence Authoriza-
tion Act for Fiscal Year 2002 (Public Law 107– 
108; 22 U.S.C. 7301 note) is amended by strik-
ing section 311. 
(B) TABLE
OF
CONTENTS
AMENDMENT.— 
The table of contents in section 1 of such Act is
214 
† HR 2701 EAS 
amended by striking the item relating to section 
311. 
(2) REPEAL OF REFORM.— 
(A) REPEAL.—The Admiral James W. 
Nance and Meg Donovan Foreign Relations Au-
thorization Act, Fiscal Years 2000 and 2001 (as 
enacted into law by section 1000(a)(7) of Public 
Law 106–113 and contained in appendix G of 
that Act; 113 Stat. 1501A–405) is amended by 
striking section 305. 
(B) TABLE
OF
CONTENTS
AMENDMENT.— 
The table of contents in section 2(b) of such Act 
is amended by striking the item related to sec-
tion 305. 
(3) REPEAL OF REPORTING REQUIREMENTS.— 
Section 507(b) of the National Security Act of 1947 
(50 U.S.C. 415b(b)), as amended by section 351 of 
this Act, is further amended— 
(A) by striking paragraph (3); and 
(B) by redesignating paragraphs (4) and 
(5) as paragraphs (3) and (4), respectively.
215 
† HR 2701 EAS 
TITLE 
VI—FOREIGN 
INTEL-
LIGENCE AND INFORMATION 
COMMISSION ACT 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Foreign Intelligence 
and Information Commission Act’’. 
SEC. 602. DEFINITIONS. 
In this title: 
(1) 
COMMISSION.—The 
term 
‘‘Commission’’ 
means the Foreign Intelligence and Information Com-
mission established in section 603(a). 
(2) FOREIGN
INTELLIGENCE; INTELLIGENCE.— 
The terms ‘‘foreign intelligence’’ and ‘‘intelligence’’ 
have the meaning given those terms in section 3 of the 
National Security Act of 1947 (50 U.S.C. 401a). 
(3) INFORMATION.—The term ‘‘information’’ in-
cludes information of relevance to the foreign policy 
of the United States collected and conveyed through 
diplomatic reporting and other reporting by personnel 
of the United States Government who are not em-
ployed by an element of the intelligence community, 
including public and open-source information.
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† HR 2701 EAS 
SEC. 603. ESTABLISHMENT AND FUNCTIONS OF THE COM-
MISSION. 
(a) ESTABLISHMENT.—There is established in the leg-
islative branch a Foreign Intelligence and Information 
Commission. 
(b) PURPOSE.—The purpose of the Commission is to 
evaluate systems and processes at the strategic, interagency 
level and provide recommendations accordingly, and not to 
seek to duplicate the functions of the Director of National 
Intelligence. 
(c) FUNCTIONS.—The Commission shall— 
(1) evaluate the current processes or systems for 
the strategic integration of the intelligence commu-
nity, including the Open Source Center, and other 
elements of the United States Government, including 
the Department of State, with regard to the collection, 
reporting, and analysis of foreign intelligence and in-
formation; 
(2) provide recommendations to improve or de-
velop such processes or systems to integrate the intel-
ligence community with other elements of the United 
States Government, potentially including the develop-
ment of an interagency strategy that identifies— 
(A) the collection, reporting, and analysis 
requirements of the United States Government;
217 
† HR 2701 EAS 
(B) the elements of the United States Gov-
ernment best positioned to meet collection and 
reporting requirements, with regard to missions, 
comparative institutional advantages, and any 
other relevant factors; and 
(C) interagency budget and resource alloca-
tions necessary to achieve such collection, report-
ing, and analytical requirements; 
(3) evaluate the extent to which current intel-
ligence collection, reporting, and analysis strategies 
are intended to provide global coverage and antici-
pate future threats, challenges, and crises; 
(4) provide recommendations on how to incor-
porate into the interagency strategy the means to an-
ticipate future threats, challenges, and crises, includ-
ing by identifying and supporting collection, report-
ing, and analytical capabilities that are global in 
scope and directed at emerging, long-term, and stra-
tegic targets; 
(5) provide recommendations on strategies for 
sustaining human and budgetary resources to effect 
the global collection and reporting missions identified 
in 
the 
interagency 
strategy, 
including 
the 
prepositioning of collection and reporting capabilities;
218 
† HR 2701 EAS 
(6) provide recommendations for developing, 
clarifying, and, if necessary, bolstering current and 
future collection and reporting roles and capabilities 
of elements of the United States Government that are 
not elements of the intelligence community deployed 
in foreign countries; 
(7) provide recommendations related to the role 
of individual country missions in contributing to the 
interagency strategy; 
(8) evaluate the extent to which the establishment 
of new embassies and out-of-embassy posts are able to 
contribute to expanded global coverage and increased 
collection and reporting and provide recommenda-
tions related to the establishment of new embassies 
and out-of-embassy posts; 
(9) provide recommendations on executive or leg-
islative changes necessary to establish any new execu-
tive branch entity or to expand the authorities of any 
existing executive branch entity, as needed to improve 
the strategic integration referred to in paragraph (1) 
and develop and oversee the implementation of any 
interagency strategy; 
(10) provide recommendations on processes for 
developing and presenting to Congress budget requests 
for each relevant element of the United States Govern-
219 
† HR 2701 EAS 
ment that reflect the allocations identified in the 
interagency strategy and for congressional oversight of 
the development and implementation of the strategy; 
and 
(11) provide recommendations on any institu-
tional reforms related to the collection and reporting 
roles of individual elements of the United States Gov-
ernment outside the intelligence community, as well 
as any budgetary, legislative, or other changes needed 
to achieve such reforms. 
SEC. 604. MEMBERS AND STAFF OF THE COMMISSION. 
(a) MEMBERS OF THE COMMISSION.— 
(1) APPOINTMENT.—The Commission shall be 
composed of 10 members as follows: 
(A) Two members appointed by the major-
ity leader of the Senate. 
(B) Two members appointed by the minor-
ity leader of the Senate. 
(C) Two members appointed by the Speaker 
of the House of Representatives. 
(D) Two members appointed by the minor-
ity leader of the House of Representatives. 
(E) One nonvoting member appointed by 
the Director of National Intelligence.
220 
† HR 2701 EAS 
(F) One nonvoting member appointed by 
the Secretary of State. 
(2) SELECTION.— 
(A) IN GENERAL.—Members of the Commis-
sion shall be individuals who— 
(i) are not officers or employees of the 
United States Government or any State or 
local government; and 
(ii) have knowledge and experience— 
(I) in foreign information and in-
telligence collection, reporting, and 
analysis, including clandestine collec-
tion and classified analysis (such as 
experience in the intelligence commu-
nity), diplomatic reporting and anal-
ysis, and collection of public and open- 
source information; 
(II) in issues related to the na-
tional security and foreign policy of 
the United States gained by serving as 
a senior official of the Department of 
State, a member of the Foreign Service, 
an employee or officer of an appro-
priate department or agency of the 
United States, or an independent orga-
221 
† HR 2701 EAS 
nization with expertise in the field of 
international affairs; or 
(III) with foreign policy decision- 
making. 
(B) DIVERSITY OF EXPERIENCE.—The indi-
viduals appointed to the Commission should be 
selected with a view to establishing diversity of 
experience with regard to various geographic re-
gions, functions, and issues. 
(3) CONSULTATION.—The Speaker and the mi-
nority leader of the House of Representatives, the ma-
jority leader and the minority leader of the Senate, 
the Director of National Intelligence, and the Sec-
retary of State shall consult among themselves prior 
to the appointment of the members of the Commission 
in order to achieve, to the maximum extent possible, 
fair and equitable representation of various points of 
view with respect to the matters to be considered by 
the Commission in accordance with this title. 
(4) TIME OF APPOINTMENT.—The appointments 
under subsection (a) shall be made— 
(A) after the date on which funds are first 
appropriated for the Commission pursuant to 
section 609; and 
(B) not later than 60 days after such date.
222 
† HR 2701 EAS 
(5) TERM OF APPOINTMENT.—Members shall be 
appointed for the life of the Commission. 
(6) VACANCIES.—Any vacancy of the Commis-
sion shall not affect the powers of the Commission 
and shall be filled in the manner in which the origi-
nal appointment was made. 
(7) CHAIR.—The voting members of the Commis-
sion shall designate one of the voting members to serve 
as the chair of the Commission. 
(8) QUORUM.—Five voting members of the Com-
mission shall constitute a quorum for purposes of 
transacting the business of the Commission. 
(9) MEETINGS.—The Commission shall meet at 
the call of the chair and shall meet regularly, not less 
than once every 3 months, during the life of the Com-
mission. 
(b) STAFF.— 
(1) IN GENERAL.—The chair of the Commission 
may, without regard to the provisions of title 5, 
United States Code, governing appointments in the 
competitive service and chapter 51 and subchapter III 
of chapter 53 of that title relating to classification of 
positions and General Schedule pay rates, appoint 
and terminate an executive director and, in consulta-
tion with the executive director, appoint and termi-
223 
† HR 2701 EAS 
nate such other additional personnel as may be nec-
essary to enable the Commission to perform its duties. 
In addition to the executive director and one full-time 
support staff for the executive director, there shall be 
additional staff with relevant intelligence and foreign 
policy experience to support the work of the Commis-
sion. 
(2) SELECTION OF THE EXECUTIVE DIRECTOR.— 
The executive director shall be selected with the ap-
proval of a majority of the voting members of the 
Commission. 
(3) COMPENSATION.— 
(A) EXECUTIVE DIRECTOR.—The executive 
director shall be compensated at the maximum 
annual rate payable for an employee of a stand-
ing committee of the Senate under section 105(e) 
of the Legislative Branch Appropriations Act, 
1968 (2 U.S.C. 61–1(e)), as adjusted by any 
order of the President pro tempore of the Senate. 
(B) STAFF.—The chair of the Commission 
may fix the compensation of other personnel of 
the Commission without regard to chapter 51 
and subchapter III of chapter 53 of title 5, 
United States Code, relating to classification of 
positions and General Schedule pay rates, except
224 
† HR 2701 EAS 
that the rate of pay for such personnel may not 
exceed the maximum annual rate payable for an 
employee of a standing committee of the Senate 
under section 105(e) of the Legislative Branch 
Appropriations Act, 1968 (2 U.S.C. 61–1(e)), as 
adjusted by any order of the President pro tem-
pore of the Senate. 
(c) EXPERTS AND CONSULTANTS.—The Commission is 
authorized to procure temporary or intermittent services of 
experts and consultants as necessary to the extent author-
ized by section 3109 of title 5, United States Code, at rates 
for individuals not to exceed the daily equivalent of the 
maximum annual rate of basic pay payable under section 
5376 of such title. 
(d) STAFF AND SERVICES OF OTHER AGENCIES OR 
DEPARTMENTS OF THE UNITED STATES.—Upon the request 
of the Commission, the head of a department or agency of 
the United States may detail, on a reimbursable or nonre-
imbursable basis, any of the personnel of that department 
or agency to the Commission to assist the Commission in 
carrying out this title. The detail of any such personnel 
shall be without interruption or loss of civil service or For-
eign Service status or privilege. 
(e) SECURITY CLEARANCE.—The appropriate depart-
ments or agencies of the United States shall cooperate with
225 
† HR 2701 EAS 
the Commission in expeditiously providing to the members 
and staff of the Commission appropriate security clearances 
to the extent possible pursuant to existing procedures and 
requirements. 
(f) REPORTS UNDER ETHICS IN GOVERNMENT ACT OF 
1978.—Notwithstanding any other provision of law, for 
purposes of title I of the Ethics in Government Act of 1978 
(5 U.S.C. App.), each member and staff of the Commis-
sion— 
(1) shall be deemed to be an officer or employee 
of the Congress (as defined in section 109(13) of such 
title); and 
(2) shall file any report required to be filed by 
such member or such staff (including by virtue of the 
application of paragraph (1)) under title I of the 
Ethics in Government Act of 1978 (5 U.S.C. App.) 
with the Secretary of the Senate. 
SEC. 605. POWERS AND DUTIES OF THE COMMISSION. 
(a) HEARINGS AND EVIDENCE.—The Commission may 
hold such hearings, sit and act at such times and places, 
take such testimony, and receive such evidence as the Com-
mission considers advisable to carry out this title. 
(b) INFORMATION FROM FEDERAL AGENCIES.—The 
Commission may secure directly from any department or 
agency of the United States such information as the Com-
227 
† HR 2701 EAS 
penses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under sub-
chapter I of chapter 57 of title 5, United States Code, 
while away from their homes or regular places of 
business in the performance of services for the Com-
mission. 
(g) GIFTS.—No member or staff of the Commission 
may receive a gift or benefit by reason of the service of such 
member or staff to the Commission. 
SEC. 606. REPORT OF THE COMMISSION. 
(a) IN GENERAL.— 
(1) INTERIM REPORT.—Not later than 300 days 
after the date on which all members of the Commis-
sion are appointed under section 604(a), the Commis-
sion shall submit to the congressional intelligence 
committees an interim report setting forth the pre-
liminary evaluations and recommendations of the 
Commission described in section 603(c). 
(2) FINAL
REPORT.—Not later than 60 days 
after the date of the submission of the report required 
by paragraph (1), the Commission shall submit a 
final report setting forth the final evaluations and 
recommendations of the Commission described in sec-
tion 603(c) to each of the following: 
(A) The President.
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† HR 2701 EAS 
(B) The Director of National Intelligence. 
(C) The Secretary of State. 
(D) The congressional intelligence commit-
tees. 
(E) The Committee on Foreign Relations of 
the Senate. 
(F) The Committee on Foreign Affairs of 
the House of Representatives. 
(b) INDIVIDUAL OR DISSENTING VIEWS.—Each mem-
ber of the Commission may include that member’s indi-
vidual or dissenting views in a report required by para-
graph (1) or (2) of subsection (a). 
(c) FORM OF REPORT.—The reports required by para-
graphs (1) and (2) of subsection (a), including any finding 
or recommendation of such report, shall be submitted in un-
classified form, but may include a classified annex. 
SEC. 607. TERMINATION. 
(a) IN GENERAL.—The Commission shall terminate on 
the date that is 60 days after the date of the submission 
of the report required by section 606(a)(2). 
(b) TRANSFER OF RECORDS.—Upon the termination 
of the Commission under subsection (a), all records, files, 
documents, and other materials in the possession, custody, 
or control of the Commission shall be transferred to the Se-
229 
† HR 2701 EAS 
lect Committee on Intelligence of the Senate and deemed 
to be records of such Committee. 
SEC. 608. NONAPPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT. 
The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the Commission. 
SEC. 609. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appro-
priated such sums as may be necessary to carry out this 
title. 
(b) AVAILABILITY.—Amounts made available to the 
Commission pursuant to subsection (a) shall remain avail-
able until expended. 
TITLE VII—OTHER MATTERS 
SEC. 701. EXTENSION OF NATIONAL COMMISSION FOR THE 
REVIEW OF THE RESEARCH AND DEVELOP-
MENT PROGRAMS OF THE UNITED STATES IN-
TELLIGENCE COMMUNITY. 
(a) EXTENSION.— 
(1) IN GENERAL.—Effective on the date on which 
funds are first appropriated pursuant to subsection 
(b)(1) and subject to paragraph (3), subsection (a) of 
section 1007 of the Intelligence Authorization Act for 
Fiscal Year 2003 (Public Law 107–306; 50 U.S.C. 
401 note) is amended by striking ‘‘September 1,
230 
† HR 2701 EAS 
2004,’’ and inserting ‘‘one year after the date on 
which all members of the Commission are appointed 
pursuant to section 701(a)(3) of the Intelligence Au-
thorization Act for Fiscal Year 2010,’’. 
(2) 
APPLICABILITY
OF
AMENDMENT.—The 
amendment made by paragraph (1) shall take effect 
as if included in the enactment of such section 1007. 
(3) COMMISSION
MEMBERSHIP.—The member-
ship of the National Commission for the Review of the 
Research and Development Programs of the United 
States Intelligence Community established under sub-
section (a) of section 1002 of such Act (Public Law 
107–306; 50 U.S.C. 401 note) (referred to in this sec-
tion as the ‘‘Commission’’) shall be considered vacant 
and new members shall be appointed in accordance 
with such section 1002, as amended by this section. 
(4) CLARIFICATION OF DUTIES.—Section 1002(i) 
of such Act is amended in the matter preceding para-
graph (1) by striking ‘‘including—’’ and inserting 
‘‘including advanced research and development pro-
grams and activities. Such review shall include—’’. 
(b) FUNDING.— 
(1) IN GENERAL.—There is authorized to be ap-
propriated such sums as may be necessary to carry 
out this section.
231 
† HR 2701 EAS 
(2) AVAILABILITY.—Amounts made available to 
the Commission pursuant to paragraph (1) shall re-
main available until expended. 
(3) REPEAL
OF
EXISTING
FUNDING
AUTHOR-
ITY.—Section 1010 of the Intelligence Authorization 
Act for Fiscal Year 2003 (Public Law 107–306; 50 
U.S.C. 401 note) is repealed. 
(c) TECHNICAL AMENDMENTS.— 
(1) DIRECTOR OF CENTRAL INTELLIGENCE.—The 
Intelligence Authorization Act for Fiscal Year 2003 
(Public Law 107–306) is amended by striking ‘‘Direc-
tor of Central Intelligence’’ each place it appears and 
inserting ‘‘Director of National Intelligence’’ in the 
following provisions: 
(A) Section 1002(h)(2). 
(B) Section 1003(d)(1). 
(C) Section 1006(a)(1). 
(D) Section 1006(b). 
(E) Section 1007(a). 
(F) Section 1008. 
(2) DEPUTY
DIRECTOR
OF
CENTRAL
INTEL-
LIGENCE FOR COMMUNITY MANAGEMENT.—Paragraph 
(1) of section 1002(b) of such Act is amended by strik-
ing ‘‘The Deputy Director of Central Intelligence for
232 
† HR 2701 EAS 
Community Management.’’ and inserting ‘‘The Prin-
cipal Deputy Director of National Intelligence.’’. 
SEC. 702. CLASSIFICATION REVIEW OF EXECUTIVE BRANCH 
MATERIALS IN THE POSSESSION OF THE CON-
GRESSIONAL INTELLIGENCE COMMITTEES. 
The Director of National Intelligence is authorized to 
conduct, at the request of one of the congressional intel-
ligence committees and in accordance with procedures es-
tablished by that committee, a classification review of mate-
rials in the possession of that committee that— 
(1) are not less than 25 years old; and 
(2) were created, or provided to that committee, 
by an entity in the executive branch. 
TITLE VIII—TECHNICAL 
AMENDMENTS 
SEC. 801. TECHNICAL AMENDMENTS TO THE FOREIGN IN-
TELLIGENCE SURVEILLANCE ACT OF 1978. 
The Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.) is amended— 
(1) in section 101— 
(A) in subsection (a), by moving paragraph 
(7) two ems to the right; and 
(B) by moving subsections (b) through (p) 
two ems to the right;