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‘‘(C) VETERAN.—The term ‘veteran’ has 
the meaning given the term in section 101(2) of 
title 38, United States Code.’’. 
SEC. 367. LIMITATION ON USE OF FUNDS FOR THE TRANS-
FER OR RELEASE OF INDIVIDUALS DETAINED 
AT UNITED STATES NAVAL STATION, GUAN-
TANAMO BAY, CUBA. 
(a) IN GENERAL.—The Director of National Intel-
ligence may not use any of the amounts authorized to be 
appropriated in this Act for fiscal year 2010 or any subse-
quent fiscal year to release or transfer any individual de-
scribed in subsection (d) to the United States, its terri-
tories, or possessions, until 120 days after the President 
has submitted to Congress the plan described in sub-
section (b). 
(b) PLAN REQUIRED.—The President shall submit to 
Congress a plan on the disposition of each individual de-
scribed in subsection (d). Such plan shall include— 
(1) an assessment of the risk that the indi-
vidual described in subsection (d) poses to the na-
tional security of the United States, its territories, 
or possessions; 
(2) a proposal for the disposition for each such 
individual; 
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(3) a plan to mitigate any risks described in 
paragraph (1) should the proposed disposition re-
quired by paragraph (2) include the release or trans-
fer to the United States, its territories, or posses-
sions of any such individual; and 
(4) a summary of the consultation required in 
subsection (c). 
(c) CONSULTATION REQUIRED.—The President shall 
consult with the chief executive of the State, the District 
of Columbia, or the territory or possession of the United 
States to which the disposition in subsection (b) includes 
a release or transfer to that State, District of Columbia, 
or territory or possession. 
(d) DETAINEES
DESCRIBED.—An individual de-
scribed in this subsection is any individual who is located 
at United States Naval Station, Guantanamo Bay, Cuba, 
as of the date of the enactment of this Act, who— 
(1) is not a citizen of the United States; and 
(2) is— 
(A) in the custody or under the effective 
control of the Department of Defense; or 
(B) otherwise under detention at United 
States Naval Station, Guantanamo Bay, Cuba. 
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SEC. 368. INTELLIGENCE COMMUNITY FINANCIAL IM-
PROVEMENT AND AUDIT READINESS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) it is imperative that intelligence community- 
wide auditability be achieved as soon as possible; 
(2) the Business Transformation Office of the 
Office of the Director of National Intelligence has 
made substantial progress and must be of sufficient 
standing within the Office of the Director of Na-
tional Intelligence to move the plan for core financial 
system requirements to reach intelligence commu-
nity-wide auditability forward; 
(3) as of the date of the enactment of this Act, 
the National Reconnaissance Office is the only ele-
ment of the intelligence community to have received 
a clean audit; and 
(4) the National Reconnaissance Office should 
be commended for the long hours and hard work in-
vested by the Office to achieve a clean audit. 
(b) REVIEW; PLAN.—Not later than 180 days after 
the date of the enactment of this Act, the Director of Na-
tional Intelligence shall— 
(1) conduct a review of the status of the 
auditability compliance of each element of the intel-
ligence community; and 
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(2) develop a plan and timeline to achieve a 
full, unqualified audit of each element of the intel-
ligence community not later than September 30, 
2013. 
SEC. 369. SENSE OF CONGRESS ON MONITORING OF 
NORTHERN BORDER OF THE UNITED STATES. 
(a) FINDING.—Congress finds that suspected terror-
ists have attempted to enter the United States through 
the international land and maritime border of the United 
States and Canada. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the intelligence community should devote 
sufficient resources, including technological and 
human resources, to identifying and thwarting po-
tential threats at the international land and mari-
time border of the United States and Canada; and 
(2) the intelligence community should work 
closely with the Government of Canada to identify 
and apprehend suspected terrorists before such ter-
rorists enter the United States. 
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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. CLARIFICATION OF LIMITATION ON COLOCATION 
OF THE OFFICE OF THE DIRECTOR OF NA-
TIONAL INTELLIGENCE. 
Section 103 of the National Security Act of 1947 (50 
U.S.C. 403–3), as amended by section 302(1) of this Act, 
is further amended— 
(1) in subsection (f) (as so redesignated)— 
(A) in the heading, by striking ‘‘WITH’’ 
and inserting ‘‘OF
HEADQUARTERS
WITH 
HEADQUARTERS OF’’; 
(B) by striking ‘‘Commencing as of Octo-
ber 1, 2008, the’’ and inserting ‘‘(1) Except as 
provided in paragraph (2), the’’; 
(C) in paragraph (1), as designated by 
paragraph (2) of this section, by inserting ‘‘the 
headquarters of’’ before ‘‘the Office’’; 
(D) in paragraph (1) (as so designated), 
by striking ‘‘any other element’’ and inserting 
‘‘the headquarters of any other element’’; and 
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(E) by adding at the end the following new 
paragraph: 
‘‘(2) The President may waive the limitation in para-
graph (1) if the President determines that— 
‘‘(A) a waiver is in the interests of national se-
curity; or 
‘‘(B) the costs of a headquarters of the Office 
of the Director of National Intelligence that is sepa-
rate from the headquarters of the other elements of 
the intelligence community outweighs the potential 
benefits of the separation.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(g) LOCATION OF THE OFFICE OF THE DIRECTOR 
OF NATIONAL INTELLIGENCE.—The headquarters of the 
Office of the Director of National Intelligence may be lo-
cated in the Washington metropolitan region (as defined 
in section 8301 of title 40, United States Code).’’. 
SEC. 402. 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.’’. 
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SEC. 403. ADDITIONAL DUTIES OF THE DIRECTOR OF 
SCIENCE AND TECHNOLOGY. 
Section 103E of the National Security Act of 1947 
(50 U.S.C. 403–3e) is amended— 
(1) in subsection (c)— 
(A) by redesignating paragraph (5) as 
paragraph (7); 
(B) in paragraph (4), by striking ‘‘; and’’ 
and inserting ‘‘;’’; and 
(C) by inserting after paragraph (4) the 
following new paragraphs: 
‘‘(5) assist the Director of National Intelligence 
in establishing goals for basic, applied, and advanced 
research to meet the technology needs of the intel-
ligence community; 
‘‘(6) submit to the congressional intelligence 
committees an annual report on the science and 
technology strategy of the Director that shows re-
sources mapped to the goals of the intelligence com-
munity; and’’; and 
(2) in subsection (d)(3)— 
(A) in subparagraph (A)— 
(i) by inserting ‘‘and prioritize’’ after 
‘‘coordinate’’; and 
(ii) by striking ‘‘; and’’ and inserting 
‘‘;’’; 
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(B) by redesignating subparagraph (B) as 
subparagraph (C); and 
(C) by inserting after subparagraph (A) 
the following new subparagraph: 
‘‘(B) identify basic, advanced, and applied 
research programs to be executed by elements 
of the intelligence community; and’’. 
SEC. 404. 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 entitled ‘‘An Act to study and promote the use 
of energy efficient computer servers in the United States’’ 
(Public Law 109–431; 120 Stat. 2920) across the intel-
ligence community. 
(b) REPORT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Di-
rector of National Intelligence shall submit to the 
congressional intelligence committees a report con-
taining the plan developed under subsection (a). 
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(2) FORM.—The report under paragraph (1) 
shall be submitted in unclassified form, but may 
contain a classified annex. 
SEC. 405. TITLE OF CHIEF INFORMATION OFFICER OF THE 
INTELLIGENCE COMMUNITY. 
Section 103G of the National Security Act of 1947 
(50 U.S.C. 403–3g) is amended— 
(1) in subsection (a), by inserting ‘‘of the Intel-
ligence Community’’ after ‘‘Chief Information Offi-
cer’’; 
(2) in subsection (b), by inserting ‘‘of the Intel-
ligence Community’’ after ‘‘Chief Information Offi-
cer’’; 
(3) in subsection (c) in the matter preceding 
paragraph (1), by inserting ‘‘of the Intelligence 
Community’’ after ‘‘Chief Information Officer’’; and 
(4) in subsection (d), by inserting ‘‘of the Intel-
ligence Community’’ after ‘‘Chief Information Offi-
cer’’. 
SEC. 406. INSPECTOR GENERAL OF THE INTELLIGENCE 
COMMUNITY. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—Title I of the National Secu-
rity Act of 1947 (50 U.S.C. 402 et seq.), as amend-
ed by section 366 of this Act, is further amended by 
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inserting after section 103H (as added by such sec-
tion 366) the following new section: 
‘‘INSPECTOR GENERAL OF THE INTELLIGENCE 
COMMUNITY 
‘‘SEC. 103I. (a) OFFICE OF INSPECTOR GENERAL OF 
INTELLIGENCE COMMUNITY.—There is within the Office 
of the Director of National Intelligence an Office of the 
Inspector General of the Intelligence Community. 
‘‘(b) PURPOSE.—The purpose of the Office of the In-
spector General of the Intelligence Community is to— 
‘‘(1) be an independent and objective office ap-
propriately accountable to Congress and to initiate 
and conduct investigations, inspections, and audits 
on matters within the responsibility and authority of 
the Director of National Intelligence; 
‘‘(2) recommend policies designed— 
‘‘(A) to promote economy, efficiency, and 
effectiveness in the administration and imple-
mentation of matters within the responsibility 
and authority of the Director of National Intel-
ligence; and 
‘‘(B) to prevent and detect fraud and 
abuse in such matters; 
‘‘(3) provide a means for keeping the Director 
of National Intelligence fully and currently informed 
about— 
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‘‘(A) problems and deficiencies relating to 
matters 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, 
ensure that the congressional intelligence committees 
are kept informed of— 
‘‘(A) significant problems and deficiencies 
relating to matters within the responsibility and 
authority of the Director of National Intel-
ligence; and 
‘‘(B) the necessity for, and the progress of, 
corrective actions. 
‘‘(c) INSPECTOR GENERAL OF INTELLIGENCE COM-
MUNITY.—(1) There is an Inspector General of the Intel-
ligence Community, who shall be the head of the Office 
of the Inspector General of the Intelligence Community, 
who shall be appointed by the President, by and with the 
advice and consent of the Senate. 
‘‘(2) The nomination of an individual for appointment 
as Inspector General shall be made— 
‘‘(A) without regard to political affiliation; 
‘‘(B) on the basis of integrity, compliance with 
the security standards of the intelligence community, 
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HR 2701 RDS 
and prior experience in the field of intelligence or 
national security; 
‘‘(C) on the basis of demonstrated ability in ac-
counting, financial analysis, law, management anal-
ysis, public administration, or auditing; and 
‘‘(D) on the basis of expertise in investigations. 
‘‘(3) The Inspector General shall report directly to 
the Director of National Intelligence. 
‘‘(4) The Inspector General may be removed from of-
fice only by the President. The President shall commu-
nicate in writing to the congressional intelligence commit-
tees the reasons for the removal of any individual from 
the position of Inspector General not later than 30 days 
before the date on which the Inspector General is removed 
from office. Nothing in this paragraph shall prohibit a per-
sonnel action with respect to the Inspector General other-
wise authorized by law, other than transfer or removal. 
‘‘(d) DUTIES
AND RESPONSIBILITIES.—Subject to 
subsections (g) and (h), the Inspector General of the Intel-
ligence Community shall— 
‘‘(1) provide policy direction for, and plan, con-
duct, supervise, and coordinate independently, the 
investigations, inspections, and audits relating to 
matters within the responsibility and authority of 
the Director of National Intelligence to ensure they 
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HR 2701 RDS 
are conducted efficiently and in accordance with ap-
plicable law and regulations; 
‘‘(2) keep the Director of National Intelligence 
and Congress fully and currently informed con-
cerning violations of law and regulations, violations 
of civil liberties and privacy, fraud and other serious 
problems, abuses, and deficiencies that may occur in 
matters within the responsibility and authority of 
the Director, and report the progress made in imple-
menting corrective action; 
‘‘(3) take due regard for the protection of intel-
ligence 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, comply with generally 
accepted Federal Government auditing standards. 
‘‘(e) LIMITATIONS ON ACTIVITIES.—(1)(A) Subject 
to subparagraph (B), the Director of National Intelligence 
may prohibit the Inspector General of the Intelligence 
Community from initiating, carrying out, or completing 
any investigation, inspection, or audit if the Director de-
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HR 2701 RDS 
termines that such prohibition is necessary to protect vital 
national security interests of the United States. 
‘‘(B) The Director of National Intelligence may not 
prohibit an investigation, inspection, or audit under sub-
paragraph (A) solely on the basis of the level of classifica-
tion or compartmentation of information that the Inspec-
tor General may seek access to while conducting such in-
vestigation, inspection, or audit. 
‘‘(2) If the Director exercises the authority under 
paragraph (1), the Director shall submit to the congres-
sional intelligence committees an appropriately classified 
statement of the reasons for the exercise of such authority 
within 7 days. 
‘‘(3) The Director shall notify the Inspector General 
at the time a report under paragraph (2) is submitted, 
and, to the extent consistent with the protection of intel-
ligence sources and methods, provide the Inspector Gen-
eral with a copy of such report. 
‘‘(4) The Inspector General shall submit to the con-
gressional intelligence committees any comments on a re-
port of which the Inspector General has notice under para-
graph (3) that the Inspector General considers appro-
priate. 
‘‘(f) AUTHORITIES.—(1) The Inspector General of 
the Intelligence Community shall have direct and prompt 
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HR 2701 RDS 
access to the Director of National Intelligence when nec-
essary for any purpose pertaining to the performance of 
the duties of the Inspector General. 
‘‘(2)(A) The Inspector General shall have access to 
any employee, or any employee of a contractor, of any ele-
ment of the intelligence community whose testimony is 
needed for the performance of the duties of the Inspector 
General. 
‘‘(B) The Inspector General shall have direct access 
to all records, reports, audits, reviews, documents, papers, 
recommendations, or other material which relate to the 
programs and operations with respect to which the Inspec-
tor General has responsibilities under this section. 
‘‘(C) The Director or, on the recommendation of the 
Director, another appropriate official of the intelligence 
community, shall take appropriate administrative action 
against an employee, or employee of a contractor, of an 
element of the intelligence community that fails to cooper-
ate with the Inspector General. Such administrative action 
may include loss of employment or termination of an exist-
ing contractual relationship. 
‘‘(3) The Inspector General shall, in accordance with 
subsection (g), receive and investigate complaints or infor-
mation from any person concerning the existence of an 
activity within the authorities and responsibilities of the 
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Director of National Intelligence constituting a violation 
of laws, rules, or regulations, or mismanagement, gross 
waste of funds, abuse of authority, or a substantial and 
specific danger to the public health and safety. Once such 
complaint or information has been received from an em-
ployee of the Federal Government— 
‘‘(A) the Inspector General shall not disclose 
the identity of the employee without the consent of 
the employee, unless the Inspector General deter-
mines that such disclosure is unavoidable during the 
course of the investigation or the disclosure is made 
to an official of the Department of Justice respon-
sible for determining whether a prosecution should 
be undertaken; and 
‘‘(B) no action constituting a reprisal, or threat 
of reprisal, for making such complaint may be taken 
by any employee, unless the complaint was made or 
the information was disclosed with the knowledge 
that it was false or with willful disregard for its 
truth or falsity. 
‘‘(4) The Inspector General shall 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 affi-
davit when administered or taken by or before an em-
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HR 2701 RDS 
ployee of the Office of the Inspector General of the Intel-
ligence Community designated by the Inspector General 
shall have the same force and effect as if administered 
or taken by, or before, an officer having a seal. 
‘‘(5)(A) Except as provided in subparagraph (B), the 
Inspector General may require by subpoena the production 
of all information, documents, reports, answers, records, 
accounts, papers, and other data and documentary evi-
dence necessary in the performance of the duties and re-
sponsibilities of the Inspector General. 
‘‘(B) In the case of departments, agencies, and other 
elements of the United States Government, the Inspector 
General shall obtain information, documents, reports, 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 element of the intelligence com-
munity, 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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‘‘(6) The Inspector General may obtain services as 
authorized under section 3109 of title 5, United States 
Code, at rates for individuals not to exceed the daily equiv-
alent 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 may, to the extent and in such 
amounts as may be provided in advance by appropriations 
Acts, enter into contracts and other arrangements for au-
dits, studies, analyses, and other services with public agen-
cies and with private persons, and to make such payments 
as may be necessary to carry out the provisions of this 
section. 
‘‘(g) COORDINATION AMONG THE INSPECTORS GEN-
ERAL OF THE INTELLIGENCE COMMUNITY.—(1)(A) If a 
matter within the jurisdiction of the Inspector General of 
the Intelligence Community that may be subject to an in-
vestigation, inspection, review, or audit by both the In-
spector General of the Intelligence Community and an in-
spector general with oversight responsibility for an ele-
ment of the intelligence community, the Inspector General 
of the Intelligence Community and such other inspector 
general shall expeditiously resolve the question of which 
inspector general shall conduct such investigation, inspec-
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HR 2701 RDS 
tion, review, or audit to avoid unnecessary duplication of 
the activities of the inspectors general. 
‘‘(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 subparagraph (C). 
If a dispute between an inspector general within an agency 
or department of the United States Government and the 
Inspector General of the Intelligence Community has not 
been resolved with the assistance of the Forum, the in-
spectors general shall submit the question to the Director 
of National Intelligence and the head of the affected agen-
cy or department for resolution. 
‘‘(C) There is established the Intelligence Community 
Inspectors General Forum which shall consist of all statu-
tory or administrative inspectors general with oversight re-
sponsibility for an element of the intelligence community. 
The Inspector General of the Intelligence Community shall 
serve as the chair of the Forum. The Forum shall have 
no administrative authority over any inspector general, 
but shall serve as a mechanism for informing its members 
of the work of individual members of the Forum that may 
be of common interest and discussing questions about ju-
risdiction or access to employees, employees of a con-
tractor, records, audits, reviews, documents, recommenda-
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HR 2701 RDS 
tions, or other materials that may involve or be of assist-
ance to more than one of its members. 
‘‘(2) The inspector general conducting an investiga-
tion, inspection, review, or audit referred to in paragraph 
(1) shall submit the results of such investigation, inspec-
tion, review, or audit to any other inspector general, in-
cluding the Inspector General of the Intelligence Commu-
nity, with jurisdiction to conduct such investigation, in-
spection, review, or audit who did not conduct such inves-
tigation, inspection, review, or audit. 
‘‘(h) STAFF AND OTHER SUPPORT.—(1) The Direc-
tor of National Intelligence shall provide the Inspector 
General of the Intelligence Community with appropriate 
and adequate office space at central and field office loca-
tions and with such equipment, office supplies, mainte-
nance services, and communications facilities and services 
as may be necessary for the operation of such offices. 
‘‘(2)(A) The Inspector General shall select, appoint, 
and employ such officers and employees as may be nec-
essary to carry out the functions, powers, and duties of 
the Inspector General. The Inspector General shall ensure 
that any officer or employee selected, appointed, or em-
ployed has a security clearance appropriate for the as-
signed duties of such officer or employee. 
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HR 2701 RDS 
‘‘(B) In making selections under subparagraph (A), 
the Inspector General shall ensure that such officers and 
employees have the requisite training and experience to 
enable the Inspector General to carry out the duties of 
the Inspector General effectively. 
‘‘(C) In meeting the requirements of this paragraph, 
the Inspector General shall recommend policies to the Di-
rector of National Intelligence to create within the intel-
ligence community a career cadre of sufficient size to pro-
vide appropriate continuity and objectivity needed for the 
effective performance of the duties of the Inspector Gen-
eral. 
‘‘(3)(A) The Inspector General may, in consultation 
with the Director, request such information or assistance 
as may be necessary for carrying out the duties and re-
sponsibilities of the Inspector General from any depart-
ment, agency, or other element of the United States Gov-
ernment. 
‘‘(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 fur-
nish to the Inspector General, or to an authorized des-
ignee, such information or assistance. 
‘‘(C) The Inspector General of the Intelligence Com-
munity may, upon reasonable notice to the head of any 
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element of the intelligence community and in coordination 
with the inspector general of that element pursuant to 
subsection (g), conduct an inspection, review, or audit of 
such element and may enter into any place occupied by 
such element for purposes of the performance of the duties 
of the Inspector General. 
‘‘(i) REPORTS.—(1)(A) Not later than January 31 
and July 31 of each year, the Inspector General of the 
Intelligence Community shall prepare and submit to the 
Director of National Intelligence a report summarizing the 
activities of the Office of the Inspector General of the In-
telligence Community during the preceding six-month pe-
riod. The Inspector General of the Intelligence Community 
shall provide any portion of the report involving a compo-
nent of a department of the United States Government 
to the head of that department simultaneously with sub-
mission of the report to the Director of National Intel-
ligence. 
‘‘(B) Each report under this paragraph shall include 
the following: 
‘‘(i) A list of the titles or subjects of each inves-
tigation, inspection, review, or audit conducted dur-
ing the period covered by such report, including a 
summary of the progress of each particular inves-
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tigation, inspection, or audit since the preceding re-
port of the Inspector General under this paragraph. 
‘‘(ii) A description of significant problems, 
abuses, and deficiencies relating to the administra-
tion and implementation of programs and operations 
of the intelligence community, and in the relation-
ships between elements of the intelligence commu-
nity, identified by the Inspector General during the 
period covered by such report. 
‘‘(iii) A description of the recommendations for 
disciplinary action made by the Inspector General 
during the period covered by such report with re-
spect to significant problems, abuses, or deficiencies 
described in clause (ii). 
‘‘(iv) A statement of whether or not corrective 
or disciplinary action has been completed on each 
significant recommendation described in previous 
semiannual reports, and, in a case where corrective 
action has been completed, a description of such cor-
rective action. 
‘‘(v) A certification of whether or not the In-
spector General has had full and direct access to all 
information relevant to the performance of the func-
tions of the Inspector General. 
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‘‘(vi) A description of the exercise of the sub-
poena authority under subsection (f)(5) by the In-
spector General during the period covered by such 
report. 
‘‘(vii) Any recommendations that the Inspector 
General considers appropriate for legislation to pro-
mote economy, efficiency, and effectiveness in the 
administration and implementation of matters within 
the responsibility and authority of the Director of 
National Intelligence, and to detect and eliminate 
fraud and abuse in such matters. 
‘‘(C) Not later than 30 days after the date of receipt 
of a report under subparagraph (A), the Director shall 
submit the report to the congressional intelligence commit-
tees together with any comments the Director considers 
appropriate. 
‘‘(D) Each report submitted under subparagraphs 
(A) and (C) shall be submitted in unclassified form, but 
may include a classified annex. 
‘‘(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 matters within the re-
sponsibility and authority of the Director of National In-
telligence. 
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‘‘(B) The Director shall submit to the congressional 
intelligence committees each report under subparagraph 
(A) within 7 days of the receipt of such report, together 
with such comments as the Director considers appropriate. 
The Director shall submit to the committees of the Senate 
and of the House of Representatives with jurisdiction over 
a department of the United States Government any por-
tion of each report under subparagraph (A) that involves 
a problem, abuse, or deficiency related to a component of 
such department simultaneously with transmission of the 
report to the congressional intelligence committees. 
‘‘(3) The Inspector General shall immediately notify 
and submit a report to the congressional intelligence com-
mittees on an investigation, inspection, review, or audit 
if— 
‘‘(A) the Inspector General is unable to resolve 
any significant differences with the Director affect-
ing the execution of the duties or responsibilities of 
the Inspector General; 
‘‘(B) the investigation, inspection, review, or 
audit carried out by the Inspector General focuses 
on any current or former intelligence community of-
ficial who— 
‘‘(i) holds or held a position in an element 
of the intelligence community that is subject to 
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appointment by the President, whether or not 
by and with the advice and consent of the Sen-
ate, 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; 
‘‘(C) a matter requires a report by the Inspec-
tor General to the Department of Justice on possible 
criminal conduct by a current or former official de-
scribed in subparagraph (B); 
‘‘(D) 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 subparagraph 
(B); or 
‘‘(E) the Inspector General, after exhausting all 
possible alternatives, is unable to obtain significant 
documentary information in the course of such in-
vestigation, inspection, review, or audit. 
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‘‘(4)(A) An employee of an element of the intelligence 
community, an employee assigned or detailed to an ele-
ment of the intelligence community, or an employee of a 
contractor of the intelligence community who intends to 
report to Congress a complaint or information with respect 
to an urgent concern may report such complaint or infor-
mation to the Inspector General. 
‘‘(B) Not later than the end of the 14-day period be-
ginning on the date of receipt from an employee of a com-
plaint or information under subparagraph (A), the Inspec-
tor General shall determine whether the complaint or in-
formation appears credible. Upon making such a deter-
mination, the Inspector General shall submit to the Direc-
tor a notice of that determination, together with the com-
plaint or information. 
‘‘(C) Upon receipt of a submittal from the Inspector 
General under subparagraph (B), the Director shall, not 
later than 7 days after such receipt, forward such trans-
mittal to the congressional intelligence committees, to-
gether with any comments the Director considers appro-
priate. 
‘‘(D)(i) If the Inspector General does not find cred-
ible under subparagraph (B) a complaint or information 
submitted under subparagraph (A), or does not submit the 
complaint or information to the Director in accurate form 
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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 intel-
ligence committees directly. 
‘‘(ii) An employee may contact the congressional in-
telligence committees directly as described in clause (i) 
only if the employee— 
‘‘(I) before making such a contact, furnishes to 
the Director, through the Inspector General, a state-
ment of the employee’s complaint or information and 
notice of the employee’s intent to contact the con-
gressional intelligence committees directly; and 
‘‘(II) obtains and follows from the Director, 
through the Inspector General, direction on how to 
contact the intelligence committees in accordance 
with appropriate security practices. 
‘‘(iii) A member or employee of one of the congres-
sional intelligence committees who receives a complaint or 
information under clause (ii) does so in that member or 
employee’s official capacity as a member or employee of 
such committee. 
‘‘(E) The Inspector General shall notify an employee 
who reports a complaint or information to the Inspector 
General under this paragraph of each action taken under 
this paragraph with respect to the complaint or informa-
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tion. Such notice shall be provided not later than 3 days 
after any such action is taken. 
‘‘(F) An action taken by the Director or the Inspector 
General under this paragraph shall not be subject to judi-
cial review. 
‘‘(G) Nothing in this paragraph shall be construed 
to limit the protections afforded an employee of or con-
tractor to the Central Intelligence Agency under section 
17(e)(3) of the Central Intelligence Agency Act of 1949 
(50 U.S.C. 403q(e)(3)). 
‘‘(H) In this paragraph, the term ‘urgent concern’ 
means any of the following: 
‘‘(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 involving classified information, 
but does not include differences of opinions con-
cerning 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 re-
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prisal prohibited under subsection (f)(3)(B) of this 
section. 
‘‘(5) In accordance with section 535 of title 28, 
United States Code, the Inspector General shall report to 
the Attorney General any information, allegation, or com-
plaint received by the Inspector General relating to viola-
tions 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. 
‘‘(j) SEPARATE BUDGET ACCOUNT.—The Director of 
National Intelligence shall, in accordance with procedures 
to be issued by the Director in consultation with the con-
gressional intelligence committees, include in the National 
Intelligence Program budget a separate account for the 
Office of Inspector General of the Intelligence Community. 
‘‘(k) CONSTRUCTION OF DUTIES REGARDING ELE-
MENTS OF INTELLIGENCE COMMUNITY.—Except as re-
solved pursuant to subsection (g), the performance by the 
Inspector General of the Intelligence Community of any 
duty, responsibility, or function regarding an element of 
the intelligence community shall not be construed to mod-
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ify or affect the duties and responsibilities of any other 
inspector general having duties and responsibilities relat-
ing to such element.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in the first section of the National Security 
Act of 1947 (50 U.S.C. 401 note), as amended by 
section 366 of this Act, is further amended by in-
serting after the item relating to section 103H the 
following new item: 
‘‘Sec. 103I. Inspector General of the Intelligence Community.’’. 
(b) REPEAL OF SUPERSEDED AUTHORITY TO ES-
TABLISH POSITION.—Section 8K of the Inspector General 
Act of 1978 (5 U.S.C. App.) is repealed. 
(c) EXECUTIVE
SCHEDULE
LEVEL
III.—Section 
5314 of title 5, United States Code, is amended by adding 
at the end the following new item: 
‘‘Inspector General of the Intelligence Commu-
nity.’’. 
(d) APPLICABILITY DATE; TRANSITION.— 
(1) APPLICABILITY.—The amendment made by 
subsection (b) shall apply on the earlier of— 
(A) the date of the appointment by the 
President and confirmation by the Senate of an 
individual to serve as Inspector General of the 
Intelligence Community; or 
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(B) the date of the cessation of the per-
formance of the duties of the Inspector General 
of the Intelligence Community by the individual 
serving as the Inspector General of the Office 
of the Director of National Intelligence as of 
the date of the enactment of this Act. 
(2) TRANSITION.—The individual serving as the 
Inspector General of the Office of the Director of 
National Intelligence as of the date of the enactment 
of this Act shall perform the duties of the Inspector 
General of the Intelligence Community until the in-
dividual appointed to the position of Inspector Gen-
eral of the Intelligence Community assumes the du-
ties of such position. 
SEC. 407. 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 
support for any review conducted by a department or 
agency of the Federal Government of the International 
Traffic in Arms Regulations or Export Administration 
Regulations, including a review of technologies and goods 
on the United States Munitions List and Commerce Con-
trol List that may warrant controls that are different or 
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additional to the controls such technologies and goods are 
subject to at the time of such review. 
Subtitle B—Central Intelligence 
Agency 
SEC. 411. REVIEW OF COVERT ACTION PROGRAMS BY IN-
SPECTOR GENERAL OF THE CENTRAL INTEL-
LIGENCE AGENCY. 
Section 17 of the Central Intelligence Agency Act of 
1949 (50 U.S.C. 403q) is amended— 
(1) in subsection (b)(4)— 
(A) by striking ‘‘(4) If’’ and inserting 
‘‘(4)(A) If’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(B) The Director may waive the requirement to sub-
mit the statement required under subparagraph (A) within 
seven days of prohibiting an audit, inspection, or inves-
tigation under paragraph (3) if such audit, inspection, or 
investigation is related to a covert action program. If the 
Director waives such requirement in accordance with this 
subparagraph, the Director shall submit the statement re-
quired under subparagraph (A) as soon as practicable, 
along with an explanation of the reasons for delaying the 
submission of such statement.’’; 
(2) in subsection (d)(1)— 
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(A) by redesignating subparagraphs (E) 
and (F) as subsections (F) and (G), respec-
tively; and 
(B) by inserting after subparagraph (D) 
the following new subparagraph: 
‘‘(E) a list of the covert actions for which the 
Inspector General has not completed an audit within 
the preceding three-year period;’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(h) COVERT ACTION DEFINED.—In this section, the 
term ‘covert action’ has the meaning given the term in 
section 503(e) of the National Security Act of 1947 (50 
U.S.C. 413b(e)).’’. 
SEC. 412. PROHIBITION ON THE USE OF PRIVATE CONTRAC-
TORS 
FOR 
INTERROGATIONS 
INVOLVING 
PERSONS IN THE CUSTODY OF THE CENTRAL 
INTELLIGENCE AGENCY. 
The Central Intelligence Agency Act of 1949 (50 
U.S.C. 403a et seq.) is amended by adding at the end the 
following new section: 
‘‘PROHIBITION ON THE USE OF PRIVATE CONTRACTORS 
FOR INTERROGATIONS INVOLVING PERSONS IN THE 
CUSTODY OF THE CENTRAL INTELLIGENCE AGENCY 
‘‘SEC. 24. (a) PROHIBITION.—Notwithstanding any 
other provision of law, the Director of the Central Intel-
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ligence Agency shall not expend or obligate funds for pay-
ment to any contractor to conduct the interrogation of a 
detainee or prisoner in the custody of the Central Intel-
ligence Agency. 
‘‘(b) EXCEPTION.— 
‘‘(1) IN GENERAL.—The Director of the Central 
Intelligence Agency may request, and the Director of 
National Intelligence may grant, a written waiver of 
the requirement under subsection (a) if the Director 
of the Central Intelligence Agency determines that— 
‘‘(A) no employee of the Federal Govern-
ment is— 
‘‘(i) capable of performing such inter-
rogation; and 
‘‘(ii) available to perform such interro-
gation; and 
‘‘(B) such interrogation is in the national 
interest of the United States and requires the 
use of a contractor. 
‘‘(2) CLARIFICATION
OF
APPLICABILITY
OF 
CERTAIN LAWS.—Any contractor conducting an in-
terrogation pursuant to a waiver under paragraph 
(1) shall be subject to all laws on the conduct of in-
terrogations that would apply if an employee of the 
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Federal Government were conducting the interroga-
tion.’’. 
SEC. 413. APPEALS FROM DECISIONS OF CENTRAL INTEL-
LIGENCE AGENCY CONTRACTING OFFICERS. 
Section 8(d) of the Contract Disputes Act of 1978 
(41 U.S.C. 607(d)) is amended by inserting before the 
sentence beginning with ‘‘In exercising’’ the following new 
sentence: ‘‘Notwithstanding any other provision of law, an 
appeal from a decision of a contracting officer of the Cen-
tral Intelligence Agency relative to a contract made by 
that agency may be filed with whichever of the Armed 
Services Board or the Civilian Board is specified by the 
contracting officer as the Board to which such an appeal 
may be made and the Board so specified shall have juris-
diction to decide that appeal.’’. 
SEC. 414. DEPUTY DIRECTOR OF THE CENTRAL INTEL-
LIGENCE AGENCY. 
(a) ESTABLISHMENT AND DUTIES OF DEPUTY DI-
RECTOR OF CIA.—Title I of the National Security Act of 
1947 (50 U.S.C. 402 et seq.) is amended by inserting 
after section 104A the following new section: 
‘‘DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE 
AGENCY 
‘‘SEC. 104B. (a) DEPUTY DIRECTOR OF CENTRAL 
INTELLIGENCE AGENCY.—There is a Deputy Director of 
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the Central Intelligence Agency who shall be appointed by 
the President. 
‘‘(b) DUTIES.—The Deputy Director of the Central 
Intelligence Agency shall— 
‘‘(1) assist the Director of the Central Intel-
ligence Agency in carrying out the duties and re-
sponsibilities of the Director of the Central Intel-
ligence 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 
Intelligence Agency, act for and exercise the powers 
of the Director of the Central Intelligence Agency.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) EXECUTIVE SCHEDULE III.—Section 5314 
of title 5, United States Code, is amended by strik-
ing ‘‘Deputy Directors of Central Intelligence (2)’’ 
and inserting ‘‘Deputy Director of the Central Intel-
ligence Agency’’. 
(2) TABLE OF CONTENTS.—The table of con-
tents in the first section of the National Security 
Act of 1947 (50 U.S.C. 401 note) is amended by in-
serting after the item relating to section 104A the 
following new item: 
‘‘Sec. 104B. Deputy Director of the Central Intelligence Agency.’’. 
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(c) APPLICABILITY.—The amendments made by this 
section shall apply on the earlier of— 
(1) the date of the appointment by the Presi-
dent of an individual to serve as Deputy Director of 
the Central Intelligence Agency, except that the indi-
vidual administratively performing the duties of the 
Deputy Director of the Central Intelligence Agency 
as of the date of the enactment of this Act may con-
tinue to perform such duties until the individual ap-
pointed to the position of Deputy Director of the 
Central Intelligence Agency assumes the duties of 
such position; or 
(2) the date of the cessation of the performance 
of the duties of the Deputy Director of the Central 
Intelligence Agency by the individual administra-
tively performing such duties as of the date of the 
enactment of this Act. 
SEC. 415. PROTECTION AGAINST REPRISALS. 
Section 17(e)(3)(B) of the Central Intelligence Agen-
cy Act of 1949 (50 U.S.C. 403q(e)(3)(B)) is amended by 
inserting ‘‘or providing such information’’ after ‘‘making 
such complaint’’. 
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SEC. 416. REQUIREMENT FOR VIDEO RECORDING OF IN-
TERROGATIONS OF PERSONS IN THE CUS-
TODY 
OF 
THE 
CENTRAL 
INTELLIGENCE 
AGENCY. 
(a) IN GENERAL.—The Central Intelligence Agency 
Act of 1949 (50 U.S.C. 403a et seq.), as amended by sec-
tion 412 of this Act, is further amended by adding at the 
end the following new section: 
‘‘REQUIREMENT FOR VIDEO RECORDING OF INTERROGA-
TIONS OF PERSONS IN THE CUSTODY OF THE CEN-
TRAL INTELLIGENCE AGENCY 
‘‘SEC. 25. (a) IN GENERAL.—Except as provided in 
subsection (b), the Director of the Central Intelligence 
Agency shall establish guidelines to ensure that each inter-
rogation of a person who is in the custody of the Central 
Intelligence Agency is recorded in video form and that the 
video recording of such interrogation is maintained— 
‘‘(1) for not less than 10 years from the date 
on which such recording is made; and 
‘‘(2) until such time as such recording is no 
longer relevant to an ongoing or anticipated legal 
proceeding or investigation or required to be main-
tained under any other provision of law. 
‘‘(b) EXCEPTION.—The requirement to record an in-
terrogation in video form under subsection (a) shall not 
apply with respect to an interrogation incident to arrest 
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conducted by Agency personnel designated by the Director 
under section 15(a) that are assigned to the headquarters 
of the Central Intelligence Agency and acting in the offi-
cial capacity of such personnel. 
‘‘(c) INTERROGATION DEFINED.—In this section, the 
term ‘interrogation’ means the systematic process of at-
tempting to obtain information from an uncooperative de-
tainee.’’. 
(b) SUBMISSION OF GUIDELINES.—Not later than 90 
days after the date of the enactment of this Act, the Direc-
tor of the Central Intelligence Agency shall submit to the 
congressional intelligence committees the guidelines devel-
oped under section 25(a) of the Central Intelligence Agen-
cy Act of 1949, as added by subsection (a) of this section. 
Such guidelines shall be submitted in unclassified form, 
but may contain a classified annex. 
Subtitle C—Other Elements 
SEC. 421. HOMELAND SECURITY INTELLIGENCE ELEMENTS. 
Section 3(4) of the National Security Act of 1947 (50 
U.S.C. 401a(4)) is amended— 
(1) in subparagraph (H), by inserting ‘‘the 
Coast Guard,’’ after ‘‘the Marine Corps,’’; and 
(2) in subparagraph (K), by striking ‘‘The ele-
ments’’ and all that follows through ‘‘the Coast 
Guard’’ and inserting ‘‘The Office of Intelligence 
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and Analysis of the Department of Homeland Secu-
rity’’. 
SEC. 422. CLARIFICATION OF INCLUSION OF DRUG EN-
FORCEMENT ADMINISTRATION AS AN ELE-
MENT OF THE INTELLIGENCE COMMUNITY. 
Section 3(4)(H) of the National Security Act of 1947 
(50 U.S.C. 401a(4)(H)), as amended by section 421 of 
this Act, is further amended by inserting ‘‘the Drug En-
forcement Administration,’’ after ‘‘the Federal Bureau of 
Investigation,’’. 
SEC. 423. 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 
(title IX of Public Law 107–306; 50 U.S.C. 402c) is 
amended— 
(1) by striking subsections (d), (h), (i), and (j); 
(2) by redesignating subsections (e), (f), (g), 
(k), (l), and (m) as subsections (d), (e), (f), (g), (h), 
and (i), respectively; and 
(3) in subsection (f), as redesignated by para-
graph (2) of this subsection, by striking paragraphs 
(3) and (4). 
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(b) CONFORMING AMENDMENTS.—Such section 904 
is further amended— 
(1) in subsection (d), as redesignated by sub-
section (a)(2) of this section— 
(A) in paragraph (1), by striking ‘‘sub-
section (f)’’ and inserting ‘‘subsection (e)’’; and 
(B) in paragraph (2), by striking ‘‘sub-
section (f)’’ 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. 424. CONFIRMATION OF APPOINTMENT OF HEADS OF 
CERTAIN 
COMPONENTS 
OF 
THE 
INTEL-
LIGENCE COMMUNITY. 
(a) DIRECTOR OF 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. (a) There is a Director of the National Secu-
rity Agency. 
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‘‘(b) The Director of the National Security Agency 
shall be appointed by the President, by and with the advice 
and consent of the Senate. 
‘‘(c) The Director of the National Security Agency 
shall be the head of the National Security Agency and 
shall discharge such functions and duties as are provided 
by this Act or otherwise by law.’’. 
(b) DIRECTOR OF NATIONAL RECONNAISSANCE OF-
FICE.—The Director of the National Reconnaissance Of-
fice shall be appointed by the President, by and with the 
advice and consent of the Senate. 
(c) CONFORMING AMENDMENT.—Section 106(b)(2) 
of the National Security Act of 1947 (50 U.S.C. 403– 
6(b)(2)) is amended— 
(1) by striking subparagraphs (A) and (B); 
(2) by redesignating subparagraphs (C) through 
(I) as subparagraphs (A) through (G), respectively; 
and 
(3) by moving subparagraph (G), as redesig-
nated by paragraph (2) of this subsection, 2 ems to 
the left. 
(d) EFFECTIVE DATE
AND APPLICABILITY.—The 
amendment made by subsection (a) and the provisions of 
subsection (b) shall apply upon the earlier of— 
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(1) the date of the nomination by the President 
of an individual to serve in the position concerned, 
except that the individual serving in such position as 
of the date of the enactment of this Act may con-
tinue to perform such duties after such date of nom-
ination and until the individual appointed to such 
position, by and with the advice and consent of the 
Senate, assumes the duties of such position; or 
(2) the date of the cessation of the performance 
of the duties of such position by the individual per-
forming such duties as of the date of the enactment 
of this Act. 
SEC. 425. ASSOCIATE DIRECTOR OF THE NATIONAL SECU-
RITY AGENCY FOR COMPLIANCE AND TRAIN-
ING. 
The National Security Agency Act of 1959 (50 
U.S.C. 402 note), as amended by section 424 of this Act, 
is further amended by inserting after section 2 (as added 
by such section 424) the following new section: 
‘‘SEC. 3. (a) There is an Associate Director of the 
National Security Agency for Compliance and Training, 
who shall be appointed by the Director of the National 
Security Agency. 
‘‘(b) The Associate Director of the National Security 
Agency for Compliance and Training shall ensure that— 
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SEC. 514. 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) 2 ems to the right; and 
(B) by moving subsections (b) through (p) 
2 ems to the right; 
(2) in section 103, by redesignating subsection 
(i) as subsection (h); 
(3) in section 109(a)— 
(A) in paragraph (1), by striking ‘‘section 
112.;’’ and inserting ‘‘section 112;’’; and 
(B) in paragraph (2), by striking the sec-
ond period; 
(4) in section 301(1), by striking ‘‘ ‘United 
States’ ’’ and all that follows through ‘‘and ‘State’ ’’ 
and inserting ‘‘ ‘United States’, ‘person’, ‘weapon of 
mass destruction’, and ‘State’ ’’; 
(5) in section 304(b), by striking ‘‘subsection 
(a)(3)’’ and inserting ‘‘subsection (a)(2)’’; and 
(6) in section 502(a), by striking ‘‘a annual’’ 
and inserting ‘‘an annual’’. 
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