A BILL 
To authorize appropriations for fiscal year 2010 for intel-
ligence and intelligence-related activities of the United 
States Government, the Community Management Ac-
count, and the Central Intelligence Agency Retirement 
and Disability System, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘In-
telligence Authorization Act for Fiscal Year 2010’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—BUDGET AND PERSONNEL AUTHORIZATIONS 
Sec. 101. Authorization of appropriations. 
Sec. 102. Classified Schedule of Authorizations. 
Sec. 103. Personnel ceiling adjustments. 
Sec. 104. Intelligence Community Management Account. 
Sec. 105. Prohibition on earmarks. 
Sec. 106. Restriction on conduct of intelligence activities. 
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 
DISABILITY SYSTEM 
Sec. 201. Authorization of appropriations. 
TITLE III—GENERAL INTELLIGENCE COMMUNITY MATTERS 
Subtitle A—Personnel Matters 
Sec. 301. Increase in employee compensation and benefits authorized by law. 
Sec. 302. Temporary appointment to fill vacancies in Presidentially appointed 
and Senate confirmed positions in the Office of the Director of 
National Intelligence. 
Sec. 303. Enhanced flexibility in nonreimbursable details to elements of the intel-
ligence community. 
Sec. 304. Provisions relating to the Defense Civilian Intelligence Personnel Sys-
tem. 
Subtitle B—Education 
Sec. 311. Permanent authorization for the Pat Roberts Intelligence Scholars Pro-
gram. 
Sec. 312. Intelligence officer training program. 
Sec. 313. Modifications to the Stokes educational scholarship program. 
Sec. 314. Pilot program for intensive language instruction in African languages. 
Subtitle C—Congressional Oversight of Covert Actions 
Sec. 321. Reporting on covert actions. 
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Subtitle D—Reports and Other Congressional Oversight 
Sec. 331. Report on financial intelligence on terrorist assets. 
Sec. 332. Annual personnel level assessments for the intelligence community. 
Sec. 333. Semiannual reports on nuclear weapons programs of Iran, Syria, and 
North Korea. 
Sec. 334. Annual report on foreign language proficiency in the intelligence com-
munity. 
Sec. 335. Government Accountability Office audits and investigations. 
Sec. 336. Certification of compliance with oversight requirements. 
Sec. 337. Reports on foreign industrial espionage. 
Sec. 338. Report on intelligence community contractors. 
Sec. 339. Report on transformation of the intelligence capabilities of the Federal 
Bureau of Investigation. 
Sec. 340. Report on intelligence resources dedicated to Iraq and Afghanistan. 
Sec. 341. Report on international traffic in arms regulations. 
Sec. 342. Report on nuclear trafficking. 
Sec. 343. Study on revoking pensions of persons who commit unauthorized disclo-
sures of classified information. 
Sec. 344. Study on electronic waste destruction practices of the intelligence com-
munity. 
Sec. 345. Report on retirement benefits for former employees of Air America. 
Sec. 346. Study on college tuition programs for employees of the intelligence com-
munity. 
Sec. 347. National Intelligence Estimate on global supply chain vulnerabilities. 
Sec. 348. Review of records relating to potential health risks among Desert Storm 
veterans. 
Sec. 349. Review of pensions of employees affected by ‘‘five and out’’ program of 
the Federal Bureau of Investigation. 
Sec. 350. Summary of intelligence relating to terrorist recidivism of detainees 
held at United States Naval Station, Guantanamo Bay, Cuba. 
Sec. 351. Summary of intelligence on Uighur detainees held at United States 
Naval Station, Guantanamo Bay, Cuba. 
Sec. 352. Report on interrogation research and training. 
Sec. 353. Report on plans to increase diversity within the intelligence commu-
nity. 
Sec. 354. Review of Federal Bureau of Investigation exercise of enforcement juris-
diction in foreign nations. 
Sec. 355. Repeal of certain reporting requirements. 
Sec. 356. Incorporation of reporting requirements. 
Sec. 357. Conforming amendments. 
Subtitle E—Other Matters 
Sec. 361. Modification of availability of funds for different intelligence activities. 
Sec. 362. Protection of certain national security information. 
Sec. 363. Extension of authority to delete information about receipt and disposi-
tion of foreign gifts and decorations. 
Sec. 364. Exemption of dissemination of terrorist identity information from Free-
dom of Information Act. 
Sec. 365. Misuse of the intelligence community and Office of the Director of Na-
tional Intelligence name, initials, or seal. 
Sec. 366. Security clearances: reports; ombudsman; reciprocity. 
Sec. 367. Limitation on use of funds for the transfer or release of individuals de-
tained at United States Naval Station, Guantanamo Bay, Cuba. 
Sec. 368. Intelligence community financial improvement and audit readiness. 
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TITLE IV—MATTERS RELATING TO ELEMENTS OF THE 
INTELLIGENCE COMMUNITY 
Subtitle A—Office of the Director of National Intelligence 
Sec. 401. Clarification of limitation on colocation of the Office of the Director of 
National Intelligence. 
Sec. 402. Membership of the Director of National Intelligence on the Transpor-
tation Security Oversight Board. 
Sec. 403. Additional duties of the Director of Science and Technology. 
Sec. 404. Plan to implement recommendations of the data center energy efficiency 
reports. 
Sec. 405. Title of Chief Information Officer of the Intelligence Community. 
Sec. 406. Inspector General of the Intelligence Community. 
Subtitle B—Central Intelligence Agency 
Sec. 411. Review of covert action programs by Inspector General of the Central 
Intelligence Agency. 
Sec. 412. Prohibition on the use of private contractors for interrogations involv-
ing persons in the custody of the Central Intelligence Agency. 
Sec. 413. Appeals from decisions of Central Intelligence Agency contracting offi-
cers. 
Sec. 414. Deputy Director of the Central Intelligence Agency. 
Sec. 415. Protection against reprisals. 
Sec. 416. Requirement for video recording of interrogations of persons in the cus-
tody of the Central Intelligence Agency. 
Subtitle C—Other Elements 
Sec. 421. Homeland Security intelligence elements. 
Sec. 422. Clarification of inclusion of Drug Enforcement Administration as an 
element of the intelligence community. 
Sec. 423. Repeal of certain authorities relating to the Office of the National Coun-
terintelligence Executive. 
Sec. 424. Confirmation of appointment of heads of certain components of the in-
telligence community. 
Sec. 425. Associate Director of the National Security Agency for Compliance and 
Training. 
Sec. 426. General Counsel of the National Security Agency. 
Sec. 427. Inspector General of the National Security Agency. 
Sec. 428. Charter for the National Reconnaissance Office. 
TITLE V—OTHER MATTERS 
Subtitle A—General Intelligence Matters 
Sec. 501. Extension of National Commission for the Review of the Research and 
Development Programs of the United States Intelligence Commu-
nity. 
Sec. 502. Expansion and clarification of the duties of the program manager for 
the information sharing environment. 
Sec. 503. Classification review of executive branch materials in the possession of 
the congressional intelligence committees. 
Sec. 504. Prohibition on use of funds to provide Miranda warnings to certain 
persons outside of the United States. 
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Subtitle B—Technical Amendments 
Sec. 511. Technical amendments to the Central Intelligence Agency Act of 1949. 
Sec. 512. Technical amendment to mandatory retirement provision of Central In-
telligence Agency Retirement Act. 
Sec. 513. Technical amendments to the Executive Schedule. 
Sec. 514. Technical amendments to the Foreign Intelligence Surveillance Act of 
1978. 
Sec. 515. Technical amendments to section 105 of the Intelligence Authorization 
Act for Fiscal Year 2004. 
Sec. 516. Technical amendments to the Intelligence Reform and Terrorism Pre-
vention Act of 2004. 
Sec. 517. Technical amendments relating to the multiyear National Intelligence 
Program. 
Sec. 518. Technical amendments to the National Security Act of 1947. 
Sec. 519. Technical amendments to title 10, United States Code. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) CONGRESSIONAL
INTELLIGENCE
COMMIT-
TEES.—The term ‘‘congressional intelligence commit-
tees’’ means— 
(A) the Permanent Select Committee on In-
telligence of the House of Representatives; and 
(B) the Select Committee on Intelligence of 
the Senate. 
(2) INTELLIGENCE COMMUNITY.—The term ‘‘in-
telligence community’’ has the meaning given that 
term in section 3(4) of the National Security Act of 
1947 (50 U.S.C. 401a(4)). 
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TITLE I—BUDGET AND 
PERSONNEL AUTHORIZATIONS 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fis-
cal year 2010 for the conduct of the intelligence and intel-
ligence-related activities of the following elements of the 
United States Government: 
(1) The Office of the Director of National Intel-
ligence. 
(2) The Central Intelligence Agency. 
(3) The Department of Defense. 
(4) The Defense Intelligence Agency. 
(5) The National Security Agency. 
(6) The Department of the Army, the Depart-
ment of the Navy, and the Department of the Air 
Force. 
(7) The Coast Guard. 
(8) The Department of State. 
(9) The Department of the Treasury. 
(10) The Department of Energy. 
(11) The Department of Justice. 
(12) The Federal Bureau of Investigation. 
(13) The Drug Enforcement Administration. 
(14) The National Reconnaissance Office. 
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(15) The National Geospatial-Intelligence Agen-
cy. 
(16) The Department of Homeland Security. 
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 
(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL 
LEVELS.—The amounts authorized to be appropriated 
under section 101 and, subject to section 103, the authorized 
personnel ceilings as of September 30, 2010, for the conduct 
of the intelligence activities of the elements listed in para-
graphs (1) through (16) of section 101, are those specified 
in the classified Schedule of Authorizations prepared to ac-
company the bill H.R. 2701 of the One Hundred Eleventh 
Congress. 
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU-
THORIZATIONS.—The classified Schedule of Authorizations 
referred to in subsection (a) shall be made available to the 
Committee on Appropriations of the Senate, the Committee 
on Appropriations of the House of Representatives, and to 
the President. The President shall provide for suitable dis-
tribution of the Schedule, or of appropriate portions of the 
Schedule, within the executive branch. 
SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 
(a) AUTHORITY FOR INCREASES.—With the approval 
of the Director of the Office of Management and Budget, 
the Director of National Intelligence may authorize employ-
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ment of civilian personnel in excess of the number author-
ized for fiscal year 2010 by the classified Schedule of Au-
thorizations referred to in section 102(a) if the Director of 
National Intelligence determines that such action is nec-
essary to the performance of important intelligence func-
tions, except that the number of personnel employed in ex-
cess of the number authorized under such section may not, 
for any element of the intelligence community, exceed 3 per-
cent of the number of civilian personnel authorized under 
such Schedule for such element. 
(b) NOTICE TO CONGRESSIONAL INTELLIGENCE COM-
MITTEES.—The Director of National Intelligence shall no-
tify the congressional intelligence committees in writing at 
least 15 days prior to each exercise of an authority de-
scribed in subsection (a). 
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC-
COUNT. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated for the Intelligence Commu-
nity Management Account of the Director of National Intel-
ligence for fiscal year 2010 the sum of $672,812,000. Within 
such amount, funds identified in the classified Schedule of 
Authorizations referred to in section 102(a) for advanced 
research and development shall remain available until Sep-
tember 30, 2011. 
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(b) AUTHORIZED PERSONNEL LEVELS.—The elements 
within the Intelligence Community Management Account of 
the Director of National Intelligence are authorized 853 
full-time or full-time equivalent personnel as of September 
30, 2010. Personnel serving in such elements may be perma-
nent employees of the Office of the Director of National In-
telligence or personnel detailed from other elements of the 
United States Government. 
(c) CONSTRUCTION OF AUTHORITIES.—The authorities 
available to the Director of National Intelligence under sec-
tion 103 are also available to the Director for the adjust-
ment of personnel levels within the Intelligence Community 
Management Account. 
(d) CLASSIFIED AUTHORIZATIONS.— 
(1) AUTHORIZATION
OF
APPROPRIATIONS.—In 
addition to amounts authorized to be appropriated 
for the Intelligence Community Management Account 
by subsection (a), there are authorized to be appro-
priated for the Community Management Account for 
fiscal year 2010 such additional amounts as are spec-
ified in the classified Schedule of Authorizations re-
ferred to in section 102(a). Such additional amounts 
for advanced research and development shall remain 
available until September 30, 2011. 
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(2) AUTHORIZATION OF PERSONNEL.—In addi-
tion to the personnel authorized by subsection (b) for 
elements of the Intelligence Community Management 
Account as of September 30, 2010, there are author-
ized such additional personnel for the Community 
Management Account as of that date as are specified 
in the classified Schedule of Authorizations referred to 
in section 102(a). 
SEC. 105. PROHIBITION ON EARMARKS. 
(a) IN GENERAL.—Nothing in the classified Schedule 
of Authorizations, a report of the Permanent Select Com-
mittee on Intelligence of the House of Representatives or 
the Select Committee on Intelligence of the Senate to accom-
pany the bill H.R. 2701 of the One Hundred Eleventh Con-
gress, a joint statement of the managers accompanying a 
conference report on such bill, or the classified annex to this 
Act, shall be construed to authorize or require the expendi-
ture of funds for a congressional earmark. 
(b) CONGRESSIONAL EARMARK DEFINED.—In this sec-
tion, the term ‘‘congressional earmark’’ means a provision 
or report language included primarily at the request of a 
Member, Delegate, or Resident Commissioner of the House 
of Representatives or a Senator providing, authorizing, or 
recommending a specific amount of discretionary budget 
authority, credit authority, or other spending authority for 
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a contract, loan, loan guarantee, grant, loan authority, or 
other expenditure with or to an entity, or targeted to a spe-
cific State, locality, or congressional district, other than 
through a statutory or administrative formula-driven or 
competitive award process. 
SEC. 106. RESTRICTION ON CONDUCT OF INTELLIGENCE 
ACTIVITIES. 
The authorization of appropriations by this Act shall 
not be deemed to constitute authority for the conduct of any 
intelligence activity which is not otherwise authorized by 
the Constitution or the laws of the United States. 
TITLE 
II—CENTRAL 
INTEL-
LIGENCE 
AGENCY 
RETIRE-
MENT AND DISABILITY SYS-
TEM 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated for the Central 
Intelligence Agency Retirement and Disability Fund for fis-
cal year 2010 the sum of $290,900,000. 
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TITLE 
III—GENERAL 
INTEL-
LIGENCE 
COMMUNITY 
MAT-
TERS 
Subtitle A—Personnel Matters 
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND 
BENEFITS AUTHORIZED BY LAW. 
Appropriations authorized by this Act for salary, pay, 
retirement, and other benefits for Federal employees may 
be increased by such additional or supplemental amounts 
as may be necessary for increases in such compensation or 
benefits authorized by law. 
SEC. 302. TEMPORARY APPOINTMENT TO FILL VACANCIES 
IN PRESIDENTIALLY APPOINTED AND SEN-
ATE CONFIRMED POSITIONS IN THE OFFICE 
OF THE DIRECTOR OF NATIONAL INTEL-
LIGENCE. 
Section 103 of the National Security Act of 1947 (50 
U.S.C. 403–3) is amended by— 
(1) redesignating subsection (e) as subsection (f); 
and 
(2) inserting after subsection (d) the following 
new subsection: 
‘‘(e) TEMPORARY APPOINTMENT
TO FILL VACAN-
CIES.—Notwithstanding section 3345 of title 5, United 
States Code, if an officer of the Office of the Director of 
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National Intelligence, other than the Director of National 
Intelligence, whose appointment to office is required to be 
made by the President, by and with the advice and consent 
of the Senate, dies, resigns, or is unable to perform the func-
tions and duties of the office— 
‘‘(1) if during the 365-day period immediately 
preceding the date of death, resignation, or beginning 
of inability to serve of the applicable officer, the per-
son serving as the first assistant to the office of such 
officer served as such first assistant for not less than 
90 days, such first assistant shall perform the func-
tions and duties of the office temporarily in an acting 
capacity subject to the time limitations of section 
3346 of title 5, United States Code; 
‘‘(2) notwithstanding paragraph (1), the Presi-
dent may direct a person who serves in an office for 
which appointment is required to be made by the 
President, by and with the advice and consent of the 
Senate, to perform the functions and duties of the va-
cant office temporarily in an acting capacity subject 
to the time limitations of such section 3346; or 
‘‘(3) notwithstanding paragraph (1), the Direc-
tor of National Intelligence shall recommend to the 
President, and the President may direct, a person to 
perform the functions and duties of the vacant office 
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temporarily in an acting capacity subject to the time 
limitations of such section 3346, if— 
‘‘(A) during the 365-day period preceding 
the date of death, resignation, or beginning of in-
ability to serve of the applicable officer, such per-
son served in a position in an element of the in-
telligence community for not less than 90 days; 
‘‘(B) the rate of pay for the position de-
scribed under subparagraph (A) is equal to or 
greater than the minimum rate of pay payable 
for a position at GS–15 of the General Schedule; 
and 
‘‘(C) in the case of a person who is em-
ployed by an element of the intelligence commu-
nity— 
‘‘(i) the Director of National Intel-
ligence shall consult with the head of such 
element; and 
‘‘(ii) if the head of such element objects 
to the recommendation, the Director of Na-
tional Intelligence may make the rec-
ommendation to the President over the ob-
jection of the head of such element after in-
forming the President of such objection.’’. 
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SEC. 303. ENHANCED FLEXIBILITY IN NONREIMBURSABLE 
DETAILS 
TO 
ELEMENTS 
OF 
THE 
INTEL-
LIGENCE COMMUNITY. 
(a) IN GENERAL.—Title I of the National Security Act 
of 1947 (50 U.S.C. 402 et seq.) is amended by inserting 
after section 113 the following new section: 
‘‘DETAIL OF OTHER PERSONNEL 
‘‘SEC. 113A. Except as provided in section 904(g)(2) 
of the Counterintelligence Enhancement Act of 2002 (50 
U.S.C. 402c(g)(2)) and section 113 of this Act, and notwith-
standing any other provision of law, an officer or employee 
of the United States or member of the Armed Forces may 
be detailed to an element of the intelligence community 
funded through the Community Management Account from 
another element of the United States Government on a re-
imbursable or nonreimbursable basis, as jointly agreed to 
by the Director of National Intelligence and the head of the 
detailing element, for a period not to exceed two years.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
in the first section of such Act (50 U.S.C. 401 note) is 
amended by inserting after the item relating to section 113 
the following new item: 
‘‘Sec. 113A. Detail of other personnel.’’. 
SEC. 304. PROVISIONS RELATING TO THE DEFENSE CIVIL-
IAN INTELLIGENCE PERSONNEL SYSTEM. 
(a) DEFINITIONS.—For purposes of this section— 
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(1) the term ‘‘covered position’’ means a defense 
intelligence position in the Department of Defense es-
tablished under chapter 83 of title 10, United States 
Code, excluding an Intelligence Senior Level position 
designated under section 1607 of such title and any 
position in the Defense Intelligence Senior Executive 
Service; 
(2) the term ‘‘DCIPS pay system’’, as used with 
respect to a covered position, means the provisions of 
the Defense Civilian Intelligence Personnel System 
under which the rate of salary or basic pay for such 
position is determined, excluding any provisions re-
lating to bonuses, awards, or any other amounts not 
in the nature of salary or basic pay; 
(3) the term ‘‘Defense Civilian Intelligence Per-
sonnel System’’ means the personnel system estab-
lished under chapter 83 of title 10, United States 
Code; and 
(4) the term ‘‘appropriate pay system’’, as used 
with respect to a covered position, means— 
(A) the system under which, as of Sep-
tember 30, 2007, the rate of salary or basic pay 
for such position was determined; or 
(B) if subparagraph (A) does not apply, the 
system under which, as of September 30, 2007, 
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the rate of salary or basic pay was determined 
for the positions within the Department of De-
fense most similar to the position involved, 
excluding any provisions relating to bonuses, awards, 
or any other amounts which are not in the nature of 
salary or basic pay. 
(b) REQUIREMENT THAT APPOINTMENTS TO COVERED 
POSITIONS AFTER JUNE 16, 2009, BE SUBJECT TO THE 
APPROPRIATE PAY SYSTEM.—Notwithstanding any other 
provision of law— 
(1) the DCIPS pay system— 
(A) shall not apply to any individual hold-
ing a covered position who is not subject to such 
system as of June 16, 2009; and 
(B) shall not apply to any covered position 
which is not subject to such system as of June 
16, 2009; and 
(2) any individual who, after June 16, 2009, is 
appointed to a covered position shall accordingly be 
subject to the appropriate pay system. 
(c) TERMINATION OF DCIPS PAY SYSTEM FOR COV-
ERED POSITIONS AND CONVERSION OF EMPLOYEES HOLD-
ING COVERED POSITIONS TO THE APPROPRIATE PAY SYS-
TEM.— 
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(1) IN GENERAL.—The Secretary of Defense shall 
take all actions which may be necessary to provide, 
within 12 months after the date of enactment of this 
Act, for the termination of the DCIPS pay system 
with respect to covered positions and for the conver-
sion of any employees holding any covered positions 
which, as of such date of enactment, remain subject 
to the DCIPS pay system, to the appropriate pay sys-
tem. No employee shall suffer any loss of or decrease 
in pay because of the preceding sentence. 
(2) REPORT.—If the Secretary of Defense is of 
the view that the DCIPS pay system should not be 
terminated with respect to covered positions, as re-
quired by paragraph (1), the Secretary shall submit 
to the President and both Houses of Congress as soon 
as practicable, but in no event later than 6 months 
after the date of the enactment of this Act, a written 
report setting forth a statement of the Secretary’s 
views and the reasons therefor. Such report shall spe-
cifically include— 
(A) the Secretary’s opinion as to whether 
the DCIPS pay system should be continued, with 
or without changes, with respect to covered posi-
tions; and 
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