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‘‘(A) The name of the major system. 
‘‘(B) The date of the preparation of the report. 
‘‘(C) The program phase of the major system as 
of the date of the preparation of the report. 
‘‘(D) The estimate of the total acquisition cost 
for the major system expressed in constant base-year 
dollars and in current dollars. 
‘‘(E) The current Baseline Estimate for the 
major system in constant base-year dollars and in 
current dollars. 
‘‘(F) A statement of the reasons for any increase 
in total acquisition cost for the major system. 
‘‘(G) The completion status of the major sys-
tem— 
‘‘(i) expressed as the percentage that the 
number of years for which funds have been ap-
propriated for the major system is of the number 
of years for which it is planned that funds will 
be appropriated for the major system; and 
‘‘(ii) expressed as the percentage that the 
amount of funds that have been appropriated for 
the major system is of the total amount of funds 
which it is planned will be appropriated for the 
major system.
† HR 2701 EAS 
‘‘(H) The fiscal year in which the major system 
was first authorized and in which funds for such sys-
tem were first appropriated by Congress. 
‘‘(I) The current change and the total change, in 
dollars and expressed as a percentage, in the total ac-
quisition cost for the major system, stated both in 
constant base-year dollars and in current dollars. 
‘‘(J) The quantity of end items to be acquired 
under the major system and the current change and 
total change, if any, in that quantity. 
‘‘(K) The identities of the officers responsible for 
management and cost control of the major system. 
‘‘(L) The action taken and proposed to be taken 
to control future cost growth of the major system. 
‘‘(M) Any changes made in the performance or 
schedule milestones of the major system and the extent 
to which such changes have contributed to the increase 
in total acquisition cost for the major system. 
‘‘(N) The following contract performance assess-
ment information with respect to each major contract 
under the major system: 
‘‘(i) The name of the contractor. 
‘‘(ii) The phase that the contract is in at 
the time of the preparation of the report.
† HR 2701 EAS 
‘‘(iii) The percentage of work under the con-
tract that has been completed. 
‘‘(iv) Any current change and the total 
change, in dollars and expressed as a percentage, 
in the contract cost. 
‘‘(v) The percentage by which the contract is 
currently ahead of or behind schedule. 
‘‘(vi) A narrative providing a summary ex-
planation of the most significant occurrences, in-
cluding cost and schedule variances under major 
contracts of the major system, contributing to the 
changes identified and a discussion of the effect 
these occurrences will have on the future costs 
and schedule of the major system. 
‘‘(O) In any case in which one or more problems 
with a software component of the major system sig-
nificantly contributed to the increase in costs of the 
major system, the action taken and proposed to be 
taken to solve such problems. 
‘‘(2) A Major System Congressional Report prepared 
for a major system for which the increase in the total acqui-
sition cost is due to termination or cancellation of the entire 
major system shall include only— 
‘‘(A) the information described in subparagraphs 
(A) through (F) of paragraph (1); and
† HR 2701 EAS 
‘‘(B) the total percentage change in total acquisi-
tion cost for such system. 
‘‘(g) PROHIBITION ON OBLIGATION OF FUNDS.—If a 
determination of an increase by a percentage equal to or 
greater than the significant cost growth threshold is made 
by the Director under subsection (d) and a Major System 
Congressional Report containing the information described 
in subsection (f) is not submitted to Congress under sub-
section (e)(1), or if a determination of an increase by a 
percentage equal to or greater than the critical cost growth 
threshold is made by the Director under subsection (d) and 
the Major System Congressional Report containing the in-
formation described in subsection (f) and section 506F(b)(3) 
and the certification required by section 506F(b)(2) are not 
submitted to Congress under subsection (e)(2), funds appro-
priated for construction, research, development, test, evalua-
tion, and procurement may not be obligated for a major 
contract under the major system. The prohibition on the 
obligation of funds for a major system shall cease to apply 
at the end of the 45-day period that begins on the date— 
‘‘(1) on which Congress receives the Major Sys-
tem Congressional Report under subsection (e)(1) 
with respect to that major system, in the case of a de-
termination of an increase by a percentage equal to
† HR 2701 EAS 
or greater than the significant cost growth threshold 
(as determined in subsection (d)); or 
‘‘(2) on which Congress receives both the Major 
System Congressional Report under subsection (e)(2) 
and the certification of the Director under section 
506F(b)(2) with respect to that major system, in the 
case of an increase by a percentage equal to or greater 
than the critical cost growth threshold (as determined 
under subsection (d)). 
‘‘(h) TREATMENT OF COST INCREASES PRIOR TO EN-
ACTMENT OF INTELLIGENCE AUTHORIZATION ACT FOR FIS-
CAL YEAR 2010.—(1) Not later than 180 days after the date 
of the enactment of the Intelligence Authorization Act for 
Fiscal Year 2010, the Director— 
‘‘(A) shall, for each major system, determine if 
the total acquisition cost of such major system in-
creased by a percentage equal to or greater than the 
significant cost growth threshold or the critical cost 
growth threshold prior to such date of enactment; 
‘‘(B) shall establish for each major system for 
which the total acquisition cost has increased by a 
percentage equal to or greater than the significant 
cost growth threshold or the critical cost growth 
threshold prior to such date of enactment a revised
† HR 2701 EAS 
current Baseline Estimate based upon an updated 
cost estimate; 
‘‘(C) may, for a major system not described in 
subparagraph (B), establish a revised current Base-
line Estimate based upon an updated cost estimate; 
and 
‘‘(D) shall submit to Congress a report describ-
ing— 
‘‘(i) each determination made under sub-
paragraph (A); 
‘‘(ii) each revised current Baseline Estimate 
established for a major system under subpara-
graph (B); and 
‘‘(iii) each revised current Baseline Esti-
mate established for a major system under sub-
paragraph (C), including the percentage increase 
of the total acquisition cost of such major system 
that occurred prior to the date of the enactment 
of such Act. 
‘‘(2) The revised current Baseline Estimate established 
for a major system under subparagraph (B) or (C) of para-
graph (1) shall be the 2010 adjusted total acquisition cost 
for the major system and may include the estimated cost 
of conducting any vulnerability assessments for such major 
system required under section 506C.
† HR 2701 EAS 
‘‘(i) REQUIREMENTS TO USE BASE YEAR DOLLARS.— 
Any determination of a percentage increase under this sec-
tion shall be stated in terms of constant base year dollars. 
‘‘(j) FORM OF REPORT.—Any report required to be 
submitted under this section may be submitted in a classi-
fied form.’’. 
(2) APPLICABILITY
DATE
OF
QUARTERLY
RE-
PORTS.—The first report required to be submitted 
under subsection (b) of section 506E of the National 
security Act of 1947, as added by paragraph (1) of 
this subsection, shall be submitted with respect to the 
first fiscal quarter that begins on a date that is not 
less than 180 days after the date of the enactment of 
this Act. 
(3) TABLE
OF
CONTENTS
AMENDMENT.—The 
table of contents in the first section of that Act, as 
amended by section 322 of this Act, is further amend-
ed by inserting after the item relating to section 
506D, as added by section 322(a)(2), the following 
new item: 
‘‘Sec. 506E. Reports on the acquisition of major systems.’’. 
(b) MAJOR DEFENSE ACQUISITION PROGRAMS.—Noth-
ing in this section, section 324, or an amendment made 
by this section or section 324, shall be construed to exempt 
an acquisition program of the Department of Defense from 
the requirements of chapter 144 of title 10, United States
† HR 2701 EAS 
Code or Department of Defense Directive 5000, to the extent 
that such requirements are otherwise applicable. 
SEC. 324. CRITICAL COST GROWTH IN MAJOR SYSTEMS. 
(a) IN GENERAL.—Title V of the National Security 
Act of 1947 (50 U.S.C. 413 et seq.), as amended by section 
323 of this Act, is further amended by inserting after section 
506E, as added by section 323(a), the following new section: 
‘‘CRITICAL COST GROWTH IN MAJOR SYSTEMS 
‘‘SEC. 506F. (a) REASSESSMENT
OF MAJOR SYS-
TEM.—If the Director of National Intelligence determines 
under section 506E(d) that the total acquisition cost of a 
major system has increased by a percentage equal to or 
greater than the critical cost growth threshold for the major 
system, the Director shall— 
‘‘(1) determine the root cause or causes of the 
critical cost growth, in accordance with applicable 
statutory requirements, policies, procedures, and 
guidance; and 
‘‘(2) carry out an assessment of— 
‘‘(A) the projected cost of completing the 
major system if current requirements are not 
modified; 
‘‘(B) the projected cost of completing the 
major system based on reasonable modification 
of such requirements;
† HR 2701 EAS 
‘‘(C) the rough order of magnitude of the 
costs of any reasonable alternative system or ca-
pability; and 
‘‘(D) the need to reduce funding for other 
systems due to the growth in cost of the major 
system. 
‘‘(b) PRESUMPTION OF TERMINATION.—(1) After con-
ducting the reassessment required by subsection (a) with re-
spect to a major system, the Director shall terminate the 
major system unless the Director submits to Congress a 
Major System Congressional Report containing a certifi-
cation in accordance with paragraph (2) and the informa-
tion described in paragraph (3). The Director shall submit 
such Major System Congressional Report and certification 
not later than 90 days after the date the Director receives 
the relevant major system cost report under subsection (b) 
or (c) of section 506E. 
‘‘(2) A certification described by this paragraph with 
respect to a major system is a written certification that— 
‘‘(A) the continuation of the major system is es-
sential to the national security; 
‘‘(B) there are no alternatives to the major sys-
tem that will provide acceptable capability to meet 
the intelligence requirement at less cost;
† HR 2701 EAS 
‘‘(C) the new estimates of the total acquisition 
cost have been determined by the Director to be rea-
sonable; 
‘‘(D) the major system is a higher priority than 
other systems whose funding must be reduced to ac-
commodate the growth in cost of the major system; 
and 
‘‘(E) the management structure for the major 
system is adequate to manage and control the total 
acquisition cost. 
‘‘(3) A Major System Congressional Report accom-
panying a written certification under paragraph (2) shall 
include, in addition to the requirements of section 506E(e), 
the root cause analysis and assessment carried out pursuant 
to subsection (a), the basis for each determination made in 
accordance with subparagraphs (A) through (E) of para-
graph (2), and a description of all funding changes made 
as a result of the growth in the cost of the major system, 
including reductions made in funding for other systems to 
accommodate such cost growth, together with supporting 
documentation. 
‘‘(c) ACTIONS IF MAJOR SYSTEM NOT TERMINATED.— 
If the Director elects not to terminate a major system pur-
suant to subsection (b), the Director shall—
† HR 2701 EAS 
‘‘(1) restructure the major system in a manner 
that addresses the root cause or causes of the critical 
cost growth, as identified pursuant to subsection (a), 
and ensures that the system has an appropriate man-
agement structure as set forth in the certification sub-
mitted pursuant to subsection (b)(2)(E); 
‘‘(2) rescind the most recent Milestone approval 
for the major system; 
‘‘(3) require a new Milestone approval for the 
major system before taking any action to enter a new 
contract, exercise an option under an existing con-
tract, or otherwise extend the scope of an existing con-
tract under the system, except to the extent deter-
mined necessary by the Milestone Decision Authority, 
on a nondelegable basis, to ensure that the system 
may be restructured as intended by the Director with-
out unnecessarily wasting resources; 
‘‘(4) establish a revised current Baseline Esti-
mate for the major system based upon an updated 
cost estimate; and 
‘‘(5) conduct regular reviews of the major system. 
‘‘(d) ACTIONS IF MAJOR SYSTEM TERMINATED.—If a 
major system is terminated pursuant to subsection (b), the 
Director shall submit to Congress a written report setting 
forth—
† HR 2701 EAS 
‘‘(I) a determination of the root cause or 
causes of the critical cost growth, as described in 
subsection (a)(1); and 
‘‘(II) a certification that includes the ele-
ments described in subparagraphs (A), (B), and 
(E) of subsection (b)(2). 
‘‘(B) The Director shall submit the written notice re-
quired by subparagraph (A) not later than 90 days after 
the date that the Director receives a major system cost re-
port under subsection (b) or (c) of section 506E that indi-
cates that the total acquisition cost for the major system 
has increased by a percentage equal to or greater than the 
significant cost growth threshold or critical cost growth 
threshold. 
‘‘(g) DEFINITIONS.—In this section, the terms ‘cost es-
timate’, ‘critical cost growth threshold’, ‘current Baseline 
Estimate’, ‘major system’, and ‘total acquisition cost’ have 
the meaning given those terms in section 506E(a).’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The table of 
contents in the first section of that Act, as amended by sec-
tion 323 of this Act, is further amended by inserting after 
the items relating to section 506E, as added by section 
323(a)(3), the following new item: 
‘‘Sec. 506F. Critical cost growth in major systems.’’.
† HR 2701 EAS 
the Office of Management and Budget, shall submit to the 
congressional intelligence committees each Future Year In-
telligence Plan or Long-term Budget Projection required 
under subsection (a) or (b) for a fiscal year at the time 
that the President submits to Congress the budget for such 
fiscal year pursuant section 1105 of title 31, United States 
Code. 
‘‘(d) MAJOR SYSTEM AFFORDABILITY REPORT.—(1) 
The Director of National Intelligence, with the concurrence 
of the Director of the Office of Management and Budget, 
shall prepare a report on the acquisition of a major system 
funded under the National Intelligence Program before the 
time that the President submits to Congress the budget for 
the first fiscal year in which appropriated funds are antici-
pated to be obligated for the development or procurement 
of such major system. 
‘‘(2) The report on such major system shall include an 
assessment of whether, and to what extent, such acquisition, 
if developed, procured, and operated, is projected to cause 
an increase in the most recent Future Year Intelligence 
Plan and Long-term Budget Projection submitted under 
section 506G for an element of the intelligence community. 
‘‘(3) The Director of National Intelligence shall update 
the report whenever an independent cost estimate must be 
updated pursuant to section 506A(a)(4).
† HR 2701 EAS 
‘‘(4) The Director of National Intelligence shall submit 
each report required by this subsection at the time that the 
President submits to Congress the budget for a fiscal year 
pursuant to section 1105 of title 31, United States Code. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) BUDGET
YEAR.—The term ‘budget year’ 
means the next fiscal year for which the President is 
required to submit to Congress a budget pursuant to 
section 1105 of title 31, United States Code. 
‘‘(2) INDEPENDENT COST ESTIMATE; MAJOR SYS-
TEM.—The terms ‘independent cost estimate’ and 
‘major system’ have the meaning given those terms in 
section 506A(e).’’. 
(b) APPLICABILITY DATE.—The first Future Year In-
telligence Plan and Long-term Budget Projection required 
to be submitted under subsection (a) and (b) of section 506G 
of the National Security Act of 1947, as added by subsection 
(a), shall be submitted to the congressional intelligence com-
mittees at the time that the President submits to Congress 
the budget for fiscal year 2012 pursuant to section 1105 
of title 31, United States Code. 
(c) CONFORMING AMENDMENTS.— 
(1) TABLE
OF
CONTENTS
AMENDMENT.—The 
table of contents in the first section of that Act, as 
amended by section 324 of this Act, is further amend-
† HR 2701 EAS 
ed by inserting after the items relating to section 
506F, as added by section 324(b), the following new 
item: 
‘‘Sec. 506G. Future budget projections.’’. 
(2) REPEAL OF DUPLICATIVE PROVISION.—Sec-
tion 8104 of the Department of Defense Appropria-
tions Act, 2010 (50 U.S.C. 415a–3; Public Law 111– 
118; 123 Stat. 3451) is repealed. 
SEC. 326. NATIONAL INTELLIGENCE PROGRAM FUNDED AC-
QUISITIONS. 
Subsection (n) of section 102A of the National Security 
Act of 1947 (50 U.S.C. 403–1) is amended by adding at 
the end the following new paragraph: 
‘‘(4)(A) In addition to the authority referred to in 
paragraph (1), the Director of National Intelligence may 
authorize the head of an element of the intelligence commu-
nity to exercise an acquisition authority referred to in sec-
tion 3 or 8(a) of the Central Intelligence Agency Act of 1949 
(50 U.S.C. 403c and 403j(a)) for an acquisition by such 
element that is more than 50 percent funded under the Na-
tional Intelligence Program. 
‘‘(B) The head of an element of the intelligence commu-
nity may not exercise an authority referred to in subpara-
graph (A) until—
† HR 2701 EAS 
‘‘(i) the head of such element (without delega-
tion) submits to the Director of National Intelligence 
a written request that includes— 
‘‘(I) a description of such authority re-
quested to be exercised; 
‘‘(II) an explanation of the need for such 
authority, including an explanation of the rea-
sons that other authorities are insufficient; and 
‘‘(III) a certification that the mission of 
such element would be— 
‘‘(aa) impaired if such authority is not 
exercised; or 
‘‘(bb) significantly and measurably en-
hanced if such authority is exercised; and 
‘‘(ii) the Director of National Intelligence issues 
a written authorization that includes— 
‘‘(I) a description of the authority referred 
to in subparagraph (A) that is authorized to be 
exercised; and 
‘‘(II) a justification to support the exercise 
of such authority. 
‘‘(C) A request and authorization to exercise an au-
thority referred to in subparagraph (A) may be made with 
respect to an individual acquisition or with respect to a
† HR 2701 EAS 
specific class of acquisitions described in the request and 
authorization referred to in subparagraph (B). 
‘‘(D)(i) A request from a head of an element of the 
intelligence community located within one of the depart-
ments described in clause (ii) to exercise an authority re-
ferred to in subparagraph (A) shall be submitted to the Di-
rector of National Intelligence in accordance with any pro-
cedures established by the head of such department. 
‘‘(ii) The departments described in this clause are the 
Department of Defense, the Department of Energy, the De-
partment of Homeland Security, the Department of Justice, 
the Department of State, and the Department of the Treas-
ury. 
‘‘(E)(i) The head of an element of the intelligence com-
munity may not be authorized to utilize an authority re-
ferred to in subparagraph (A) for a class of acquisitions 
for a period of more than 3 years, except that the Director 
of National Intelligence (without delegation) may authorize 
the use of such an authority for not more than 6 years. 
‘‘(ii) Each authorization to utilize an authority re-
ferred to in subparagraph (A) may be extended in accord-
ance with the requirements of subparagraph (B) for succes-
sive periods of not more than 3 years, except that the Direc-
tor of National Intelligence (without delegation) may au-
thorize an extension period of not more than 6 years.
† HR 2701 EAS 
‘‘(F) Subject to clauses (i) and (ii) of subparagraph 
(E), the Director of National Intelligence may only delegate 
the authority of the Director under subparagraphs (A) 
through (E) to the Principal Deputy Director of National 
Intelligence or a Deputy Director of National Intelligence. 
‘‘(G) The Director of National Intelligence shall sub-
mit— 
‘‘(i) to the congressional intelligence committees 
a notification of an authorization to exercise an au-
thority referred to in subparagraph (A) or an exten-
sion of such authorization that includes the written 
authorization referred to in subparagraph (B)(ii); 
and 
‘‘(ii) to the Director of the Office of Management 
and Budget a notification of an authorization to exer-
cise an authority referred to in subparagraph (A) for 
an acquisition or class of acquisitions that will exceed 
$50,000,000 annually. 
‘‘(H) Requests and authorizations to exercise an au-
thority referred to in subparagraph (A) shall remain avail-
able within the Office of the Director of National Intel-
ligence for a period of at least 6 years following the date 
of such request or authorization. 
‘‘(I) Nothing in this paragraph may be construed to 
alter or otherwise limit the authority of the Central Intel-
† HR 2701 EAS 
ligence Agency to independently exercise an authority under 
section 3 or 8(a) of the Central Intelligence Agency Act of 
1949 (50 U.S.C. 403c and 403j(a)).’’. 
Subtitle D—Congressional 
Oversight, Plans, and Reports 
SEC. 331. NOTIFICATION PROCEDURES. 
(a) PROCEDURES.—Section 501(c) of the National Se-
curity Act of 1947 (50 U.S.C. 413(c)) is amended by strik-
ing ‘‘such procedures’’ and inserting ‘‘such written proce-
dures’’. 
(b) INTELLIGENCE ACTIVITIES.—Section 502(a)(2) of 
such Act (50 U.S.C. 413a(a)(2)) is amended by inserting 
‘‘(including the legal basis under which the intelligence ac-
tivity is being or was conducted)’’ after ‘‘concerning intel-
ligence activities’’. 
(c) COVERT ACTIONS.—Section 503 of such Act (50 
U.S.C. 413b) is amended— 
(1) in subsection (b)(2), by inserting ‘‘(including 
the legal basis under which the covert action is being 
or was conducted)’’ after ‘‘concerning covert actions’’; 
(2) in subsection (c)— 
(A) in paragraph (1), by inserting ‘‘in 
writing’’ after ‘‘be reported’’;
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(B) in paragraph (4), by striking ‘‘com-
mittee. When’’ and inserting the following: ‘‘com-
mittee. 
‘‘(5)(A) When’’; and 
(C) in paragraph (5), as designated by sub-
paragraph (B)— 
(i) in subparagraph (A), as so des-
ignated— 
(I) by inserting ‘‘, or a notifica-
tion provided under subsection (d)(1),’’ 
after ‘‘access to a finding’’; 
(II) by inserting ‘‘written’’ before 
‘‘statement’’; and 
(ii) by adding at the end the following 
new subparagraph: 
‘‘(B) Not later than 180 days after a state-
ment of reasons is submitted in accordance with 
subparagraph (A) or this subparagraph, the 
President shall ensure that— 
‘‘(i) all members of the congressional 
intelligence committees are provided access 
to the finding or notification; or 
‘‘(ii) a statement of reasons that it is 
essential to continue to limit access to such 
finding or such notification to meet extraor-
† HR 2701 EAS 
dinary circumstances affecting vital inter-
ests of the United States is submitted to the 
Members of Congress specified in paragraph 
(2).’’; 
(3) in subsection (d)— 
(A) by striking ‘‘(d) The President’’ and in-
serting ‘‘(d)(1) The President’’; 
(B) in paragraph (1), as designated by sub-
paragraph (A), by inserting ‘‘in writing’’ after 
‘‘notified’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) In determining whether an activity con-
stitutes a significant undertaking for purposes of 
paragraph (1), the President shall consider whether 
the activity— 
‘‘(A) involves significant risk of loss of life; 
‘‘(B) requires an expansion of existing au-
thorities, including authorities relating to re-
search, development, or operations; 
‘‘(C) results in the expenditure of signifi-
cant funds or other resources; 
‘‘(D) requires notification under section 
504;
† HR 2701 EAS 
‘‘(E) gives rise to a significant risk of dis-
closing intelligence sources or methods; or 
‘‘(F) presents a reasonably foreseeable risk 
of serious damage to the diplomatic relations of 
the United States if such activity were disclosed 
without authorization.’’; and 
(4) by adding at the end the following new sub-
section: 
‘‘(g)(1) In any case where access to a finding reported 
under subsection (c) or notification provided under sub-
section (d)(1) is not made available to all members of a 
congressional intelligence committee in accordance with 
subsection (c)(2), the President shall notify all members of 
such committee that such finding or such notification has 
been provided only to the members specified in subsection 
(c)(2). 
‘‘(2) In any case where access to a finding reported 
under subsection (c) or notification provided under sub-
section (d)(1) is not made available to all members of a 
congressional intelligence committee in accordance with 
subsection (c)(2), the President shall provide to all members 
of such committee a general description regarding the find-
ing or notification, as applicable, consistent with the rea-
sons for not yet fully informing all members of such com-
mittee.
† HR 2701 EAS 
‘‘(3) The President shall maintain— 
‘‘(A) a record of the members of Congress to 
whom a finding is reported under subsection (c) or 
notification is provided under subsection (d)(1) and 
the date on which each member of Congress receives 
such finding or notification; and 
‘‘(B) each written statement provided under sub-
section (c)(5).’’. 
SEC. 332. CERTIFICATION OF COMPLIANCE WITH OVER-
SIGHT REQUIREMENTS. 
(a) IN GENERAL.—Title V of the National Security 
Act of 1947 (50 U.S.C. 413 et seq.), as amended by section 
325 of this Act, is further amended by adding at the end 
the following new section: 
‘‘CERTIFICATION OF COMPLIANCE WITH OVERSIGHT 
REQUIREMENTS 
‘‘SEC. 508. The head of each element of the intelligence 
community shall annually submit to the congressional in-
telligence committees— 
‘‘(1) a certification that, to the best of the knowl-
edge of the head of such element— 
‘‘(A) the head of such element is in full com-
pliance with the requirements of this title; and 
‘‘(B) any information required to be sub-
mitted by the head of such element under this
† HR 2701 EAS 
Act before the date of the submission of such cer-
tification has been properly submitted; or 
‘‘(2) if the head of such element is unable to sub-
mit a certification under paragraph (1), a state-
ment— 
‘‘(A) of the reasons the head of such element 
is unable to submit such a certification; 
‘‘(B) describing any information required to 
be submitted by the head of such element under 
this Act before the date of the submission of such 
statement that has not been properly submitted; 
and 
‘‘(C) that the head of such element will sub-
mit such information as soon as possible after 
the submission of such statement.’’. 
(b) APPLICABILITY DATE.—The first certification or 
statement required to be submitted by the head of each ele-
ment of the intelligence community under section 508 of 
the National Security Act of 1947, as added by subsection 
(a), shall be submitted not later than 90 days after the date 
of the enactment of this Act. 
(c) TABLE OF CONTENTS AMENDMENT.—The table of 
contents in the first section of the National Security Act 
of 1947, as amended by section 325 of this Act, is further
† HR 2701 EAS 
amended by inserting after the item related to section 507 
the following new item: 
‘‘Sec. 508. Certification of compliance with oversight requirements.’’. 
SEC. 333. REPORT ON DETENTION AND INTERROGATION 
ACTIVITIES. 
(a) REQUIREMENT FOR REPORT.—Not later than De-
cember 1, 2010, the Director of National Intelligence, in co-
ordination with the Attorney General and the Secretary of 
Defense, shall submit to the congressional intelligence com-
mittees a comprehensive report containing— 
(1) the policies and procedures of the United 
States Government governing participation by an ele-
ment of the intelligence community in the interroga-
tion of individuals detained by the United States who 
are suspected of international terrorism with the ob-
jective, in whole or in part, of acquiring national in-
telligence, including such policies and procedures of 
each appropriate element of the intelligence commu-
nity or interagency body established to carry out in-
terrogations; 
(2) the policies and procedures relating to any 
detention by the Central Intelligence Agency of such 
individuals in accordance with Executive Order 
13491; 
(3) the legal basis for the policies and procedures 
referred to in paragraphs (1) and (2);
† HR 2701 EAS 
(4) the training and research to support the poli-
cies and procedures referred to in paragraphs (1) and 
(2); and 
(5) any action that has been taken to implement 
section 1004 of the Detainee Treatment Act of 2005 
(42 U.S.C. 2000dd–1). 
(b) OTHER SUBMISSION OF REPORT.— 
(1) CONGRESSIONAL ARMED SERVICES COMMIT-
TEES.—To the extent that the report required by sub-
section (a) addresses an element of the intelligence 
community within the Department of Defense, the Di-
rector of National Intelligence, in consultation with 
the Secretary of Defense, shall submit that portion of 
the report, and any associated material that is nec-
essary to make that portion understandable, to the 
Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Rep-
resentatives. The Director of National Intelligence 
may authorize redactions of the report and any asso-
ciated materials submitted pursuant to this para-
graph, if such redactions are consistent with the pro-
tection of sensitive intelligence sources and methods. 
(2) CONGRESSIONAL JUDICIARY COMMITTEES.— 
To the extent that the report required by subsection 
(a) addresses an element of the intelligence commu-
† HR 2701 EAS 
nity within the Department of Justice, the Director of 
National Intelligence, in consultation with the Attor-
ney General, shall submit that portion of the report, 
and any associated material that is necessary to make 
that portion understandable, to the Committee on the 
Judiciary of the Senate and the Committee on the Ju-
diciary of the House of Representatives. The Director 
of National Intelligence may authorize redactions of 
the report and any associated materials submitted 
pursuant to this paragraph, if such redactions are 
consistent with the protection of sensitive intelligence 
sources and methods. 
(c) FORM OF SUBMISSIONS.—Any submission required 
under this section may be submitted in classified form. 
SEC. 334. SUMMARY OF INTELLIGENCE RELATING TO TER-
RORIST RECIDIVISM OF DETAINEES HELD AT 
UNITED STATES NAVAL STATION, GUANTA-
NAMO BAY, CUBA. 
Not later than 60 days after the date of the enactment 
of this Act, the Director of National Intelligence, in con-
sultation with the Director of the Central Intelligence Agen-
cy and the Director of the Defense Intelligence Agency, shall 
make publicly available an unclassified summary of— 
(1) intelligence relating to recidivism of detain-
ees currently or formerly held at the Naval Detention
† HR 2701 EAS 
Facility at Guantanamo Bay, Cuba, by the Depart-
ment of Defense; and 
(2) an assessment of the likelihood that such de-
tainees will engage in terrorism or communicate with 
persons in terrorist organizations. 
SEC. 335. REPORT AND STRATEGIC PLAN ON BIOLOGICAL 
WEAPONS. 
(a) REQUIREMENT FOR REPORT.—Not later than 180 
days after the date of the enactment of this Act, the Director 
of National Intelligence shall submit to the congressional 
intelligence committees a report on— 
(1) the intelligence collection efforts of the United 
States dedicated to assessing the threat from biological 
weapons from state, nonstate, or rogue actors, either 
foreign or domestic; and 
(2) efforts to protect the biodefense knowledge 
and infrastructure of the United States. 
(b) CONTENT.—The report required by subsection (a) 
shall include— 
(1) an assessment of the intelligence collection ef-
forts of the United States dedicated to detecting the 
development or use of biological weapons by state, 
nonstate, or rogue actors, either foreign or domestic; 
(2) information on fiscal, human, technical, 
open-source, and other intelligence collection resources
† HR 2701 EAS 
of the United States dedicated for use to detect or pro-
tect against the threat of biological weapons; 
(3) an assessment of any problems that may re-
duce the overall effectiveness of United States intel-
ligence collection and analysis to identify and protect 
biological weapons targets, including— 
(A) intelligence collection gaps or inefficien-
cies; 
(B) inadequate information sharing prac-
tices; or 
(C) inadequate cooperation among depart-
ments or agencies of the United States; 
(4) a strategic plan prepared by the Director of 
National Intelligence, in coordination with the Attor-
ney General, the Secretary of Defense, and the Sec-
retary of Homeland Security, that provides for ac-
tions for the appropriate elements of the intelligence 
community to close important intelligence gaps re-
lated to biological weapons; 
(5) a description of appropriate goals, schedules, 
milestones, or metrics to measure the long-term effec-
tiveness of actions implemented to carry out the plan 
described in paragraph (4); and 
(6) any long-term resource and human capital 
issues related to the collection of intelligence regarding
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mentation referred to in subparagraphs (A) 
through (F) of paragraph (2). 
(2) DOCUMENTATION.—A notification required 
by paragraph (1) for a cybersecurity program shall 
include— 
(A) the legal basis for the cybersecurity pro-
gram; 
(B) the certification, if any, made pursuant 
to section 2511(2)(a)(ii)(B) of title 18, United 
States Code, or other statutory certification of le-
gality for the cybersecurity program; 
(C) the concept for the operation of the cy-
bersecurity program that is approved by the 
head of the appropriate department or agency of 
the United States; 
(D) the assessment, if any, of the privacy 
impact of the cybersecurity program prepared by 
the privacy or civil liberties protection officer or 
comparable officer of such department or agency; 
(E) the plan, if any, for independent audit 
or review of the cybersecurity program to be car-
ried out by the head of such department or agen-
cy, in conjunction with the appropriate inspector 
general; and
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(F) recommendations, if any, for legislation 
to improve the capabilities of the United States 
Government to protect the cybersecurity of the 
United States. 
(b) PROGRAM REPORTS.— 
(1) REQUIREMENT FOR REPORTS.—The head of 
a department or agency of the United States with re-
sponsibility for a cybersecurity program for which a 
notification was submitted under subsection (a), in 
consultation with the inspector general for that de-
partment or agency, shall submit to Congress and the 
President a report on such cybersecurity program 
that includes— 
(A) the results of any audit or review of the 
cybersecurity program carried out under the 
plan referred to in subsection (a)(2)(E), if any; 
and 
(B) an assessment of whether the implemen-
tation of the cybersecurity program— 
(i) is in compliance with— 
(I) the legal basis referred to in 
subsection (a)(2)(A); and 
(II) an assessment referred to in 
subsection (a)(2)(D), if any;
† HR 2701 EAS 
(ii) is adequately described by the con-
cept of operation referred to in subsection 
(a)(2)(C); and 
(iii) includes an adequate independent 
audit or review system and whether im-
provements to such independent audit or re-
view system are necessary. 
(2) SCHEDULE FOR SUBMISSION OF REPORTS.— 
(A) EXISTING PROGRAMS.—Not later than 
180 days after the date of the enactment of this 
Act, and annually thereafter, the head of a de-
partment or agency of the United States with re-
sponsibility for a cybersecurity program for 
which a notification is required to be submitted 
under subsection (a)(1)(A) shall submit a report 
required under paragraph (1). 
(B) NEW PROGRAMS.—Not later than 120 
days after the date on which a certification is 
submitted under subsection (a)(1)(B), and annu-
ally thereafter, the head of a department or agen-
cy of the United States with responsibility for 
the cybersecurity program for which such certifi-
cation is submitted shall submit a report re-
quired under paragraph (1). 
(3) COOPERATION AND COORDINATION.—
† HR 2701 EAS 
(A) COOPERATION.—The head of each de-
partment or agency of the United States required 
to submit a report under paragraph (1) for a 
particular cybersecurity program, and the in-
spector general of each such department or agen-
cy, shall, to the extent practicable, work in con-
junction with any other such head or inspector 
general required to submit such a report for such 
cybersecurity program. 
(B) COORDINATION.—The heads of all of the 
departments and agencies of the United States 
required to submit a report under paragraph (1) 
for a particular cybersecurity program shall des-
ignate one such head to coordinate the conduct of 
the reports on such program. 
(c) INFORMATION SHARING REPORT.—Not later than 
one year after the date of the enactment of this Act, the 
Inspector General of the Department of Homeland Security 
and the Inspector General of the Intelligence Community 
shall jointly submit to Congress and the President a report 
on the status of the sharing of cyber-threat information, in-
cluding— 
(1) a description of how cyber-threat intelligence 
information, including classified information, is 
shared among the agencies and departments of the
† HR 2701 EAS 
United States and with persons responsible for crit-
ical infrastructure; 
(2) a description of the mechanisms by which 
classified cyber-threat information is distributed; 
(3) an assessment of the effectiveness of cyber- 
threat information sharing and distribution; and 
(4) any other matters identified by either Inspec-
tor General that would help to fully inform Congress 
or the President regarding the effectiveness and legal-
ity of cybersecurity programs. 
(d) PERSONNEL DETAILS.— 
(1) AUTHORITY
TO
DETAIL.—Notwithstanding 
any other provision of law, the head of an element of 
the intelligence community that is funded through the 
National Intelligence Program may detail an officer 
or employee of such element to the National Cyber In-
vestigative Joint Task Force or to the Department of 
Homeland Security to assist the Task Force or the 
Department with cybersecurity, as jointly agreed by 
the head of such element and the Task Force or the 
Department. 
(2) BASIS
FOR
DETAIL.—A personnel detail 
made under paragraph (1) may be made— 
(A) for a period of not more than three 
years; and
† HR 2701 EAS 
(B) on a reimbursable or nonreimbursable 
basis. 
(e) ADDITIONAL PLAN.—Not later than 180 days after 
the date of the enactment of this Act, the Director of Na-
tional Intelligence shall submit to Congress a plan for re-
cruiting, retaining, and training a highly-qualified cyberse-
curity intelligence community workforce to secure the net-
works of the intelligence community. Such plan shall in-
clude— 
(1) an assessment of the capabilities of the cur-
rent workforce; 
(2) an examination of issues of recruiting, reten-
tion, and the professional development of such work-
force, including the possibility of providing retention 
bonuses or other forms of compensation; 
(3) an assessment of the benefits of outreach and 
training with both private industry and academic in-
stitutions with respect to such workforce; 
(4) an assessment of the impact of the establish-
ment of the Department of Defense Cyber Command 
on such workforce; 
(5) an examination of best practices for making 
the intelligence community workforce aware of cyber-
security best practices and principles; and
† HR 2701 EAS 
(6) strategies for addressing such other matters 
as the Director of National Intelligence considers nec-
essary to the cybersecurity of the intelligence commu-
nity. 
(f) REPORT ON GUIDELINES AND LEGISLATION TO IM-
PROVE CYBERSECURITY OF THE UNITED STATES.— 
(1) INITIAL.—Not later than one year after the 
date of the enactment of this Act, the Director of Na-
tional Intelligence, in coordination with the Attorney 
General, the Director of the National Security Agen-
cy, the White House Cybersecurity Coordinator, and 
any other officials the Director of National Intel-
ligence considers appropriate, shall submit to Con-
gress a report containing guidelines or legislative rec-
ommendations, if appropriate, to improve the capa-
bilities of the intelligence community and law enforce-
ment agencies to protect the cybersecurity of the 
United States. Such report shall include guidelines or 
legislative recommendations on— 
(A) improving the ability of the intelligence 
community to detect hostile actions and attribute 
attacks to specific parties; 
(B) the need for data retention requirements 
to assist the intelligence community and law en-
forcement agencies;
† HR 2701 EAS 
(C) improving the ability of the intelligence 
community to anticipate nontraditional targets 
of foreign intelligence services; and 
(D) the adequacy of existing criminal stat-
utes to successfully deter cyber attacks, including 
statutes criminalizing the facilitation of crimi-
nal acts, the scope of laws for which a cyber 
crime constitutes a predicate offense, trespassing 
statutes, data breach notification requirements, 
and victim restitution statutes. 
(2) SUBSEQUENT.—Not later than one year after 
the date on which the initial report is submitted 
under paragraph (1), and annually thereafter for two 
years, the Director of National Intelligence, in con-
sultation with the Attorney General, the Director of 
the National Security Agency, the White House Cy-
bersecurity Coordinator, and any other officials the 
Director of National Intelligence considers appro-
priate, shall submit to Congress an update of the re-
port required under paragraph (1). 
(g) SUNSET.—The requirements and authorities of 
subsections (a) through (e) shall terminate on December 31, 
2013. 
(h) DEFINITIONS.—In this section:
† HR 2701 EAS 
(3) 
CRITICAL
INFRASTRUCTURE.—The 
term 
‘‘critical infrastructure’’ has the meaning given that 
term in section 1016 of the USA PATRIOT Act (42 
U.S.C. 5195c). 
SEC. 337. REPORT ON FOREIGN LANGUAGE PROFICIENCY IN 
THE INTELLIGENCE COMMUNITY. 
(a) REPORT.—Not later than one year after the date 
of the enactment of this Act, and biennially thereafter for 
four years, the Director of National Intelligence shall sub-
mit to the congressional intelligence committees and the 
Committees on Armed Services of the House of Representa-
tives and the Senate a report on the proficiency in foreign 
languages and, as appropriate, in foreign dialects, of each 
element of the intelligence community, including— 
(1) the number of positions authorized for such 
element that require foreign language proficiency and 
a description of the level of proficiency required; 
(2) an estimate of the number of such positions 
that such element will require during the five-year pe-
riod beginning on the date of the submission of the re-
port; 
(3) the number of positions authorized for such 
element that require foreign language proficiency that 
are filled by— 
(A) military personnel; and
† HR 2701 EAS 
(B) civilian personnel; 
(4) the number of applicants for positions in 
such element in the preceding fiscal year that indi-
cated foreign language proficiency, including the for-
eign language indicated and the proficiency level; 
(5) the number of persons hired by such element 
with foreign language proficiency, including the for-
eign language and a description of the proficiency 
level of such persons; 
(6) the number of personnel of such element cur-
rently attending foreign language training, including 
the provider of such training; 
(7) a description of the efforts of such element to 
recruit, hire, train, and retain personnel that are pro-
ficient in a foreign language; 
(8) an assessment of methods and models for 
basic, advanced, and intensive foreign language train-
ing utilized by such element; 
(9) for each foreign language and, as appro-
priate, dialect of a foreign language— 
(A) the number of positions of such element 
that require proficiency in the foreign language 
or dialect; 
(B) the number of personnel of such element 
that are serving in a position that requires pro-
† HR 2701 EAS 
ficiency in the foreign language or dialect to per-
form the primary duty of the position; 
(C) the number of personnel of such element 
that are serving in a position that does not re-
quire proficiency in the foreign language or dia-
lect to perform the primary duty of the position; 
(D) the number of personnel of such element 
rated at each level of proficiency of the Inter-
agency Language Roundtable; 
(E) whether the number of personnel at each 
level of proficiency of the Interagency Language 
Roundtable meets the requirements of such ele-
ment; 
(F) the number of personnel serving or 
hired to serve as linguists for such element that 
are not qualified as linguists under the stand-
ards of the Interagency Language Roundtable; 
(G) the number of personnel hired to serve 
as linguists for such element during the pre-
ceding calendar year; 
(H) the number of personnel serving as lin-
guists that discontinued serving such element 
during the preceding calendar year; 
(I) the percentage of work requiring lin-
guistic skills that is fulfilled by a foreign coun-
100 
† HR 2701 EAS 
try, international organization, or other foreign 
entity; and 
(J) the percentage of work requiring lin-
guistic skills that is fulfilled by contractors; 
(10) an assessment of the foreign language ca-
pacity and capabilities of the intelligence community 
as a whole; 
(11) an identification of any critical gaps in for-
eign language proficiency with respect to such element 
and recommendations for eliminating such gaps; 
(12) recommendations, if any, for eliminating 
required reports relating to foreign-language pro-
ficiency that the Director of National Intelligence con-
siders outdated or no longer relevant; and 
(13) an assessment of the feasibility of employing 
foreign nationals lawfully present in the United 
States who have previously worked as translators or 
interpreters for the Armed Forces or another depart-
ment or agency of the United States Government in 
Iraq or Afghanistan to meet the critical language 
needs of such element. 
(b) FORM.—The report required under subsection (a) 
shall be submitted in unclassified form, but may include 
a classified annex.
101 
† HR 2701 EAS 
SEC. 338. REPORT ON PLANS TO INCREASE DIVERSITY 
WITHIN THE INTELLIGENCE COMMUNITY. 
(a) REQUIREMENT FOR REPORT.—Not later than one 
year after the date of the enactment of this Act, the Director 
of National Intelligence, in coordination with the head of 
each element of the intelligence community, shall submit to 
the congressional intelligence committees a report on the 
plans of each such element to increase diversity within the 
intelligence community. 
(b) CONTENT.—The report required by subsection (a) 
shall include specific implementation plans to increase di-
versity within each element of the intelligence community, 
including— 
(1) specific implementation plans for each such 
element designed to achieve the goals articulated in 
the strategic plan of the Director of National Intel-
ligence on equal employment opportunity and diver-
sity; 
(2) specific plans and initiatives for each such 
element to increase recruiting and hiring of diverse 
candidates; 
(3) specific plans and initiatives for each such 
element to improve retention of diverse Federal em-
ployees at the junior, midgrade, senior, and manage-
ment levels;