the degree to which United States export controls (including 
the International Traffic in Arms Regulations) are ade-
quate to defeat such efforts. 
(b) FORM.—The report under subsection (a) shall be 
submitted in unclassified form, but may include a classified 
annex. 
(c) INTERNATIONAL TRAFFIC IN ARMS REGULATIONS 
DEFINED.—The term ‘‘International Traffic in Arms Regu-
lations’’ means those regulations contained in parts 120 
through 130 of title 22, Code of Federal Regulations (or suc-
cessor regulations). 
SEC. 342. REPORT ON NUCLEAR TRAFFICKING. 
(a) REPORT.—Not later than February 1, 2010, the 
Director of National Intelligence shall submit to the con-
gressional intelligence committees, the Committee on Armed 
Services and the Committee on Foreign Affairs of the House 
of Representatives, and the Committee on Armed Services 
and the Committee on Foreign Relations of the Senate a 
report on the illicit trade of nuclear and radiological mate-
rial and equipment. 
(b) CONTENTS.—The report submitted under sub-
section (a) shall include, for a period of time including at 
least the preceding three years— 
(1) details of all known or suspected cases of the 
illicit sale, transfer, brokering, or transport of— 
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6203
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS
(A) nuclear or radiological material; 
(B) equipment useful for the production of 
nuclear or radiological material; or 
(C) nuclear explosive devices; 
(2) an assessment of the countries that represent 
the greatest risk of nuclear trafficking activities; and 
(3) a discussion of any dissents, caveats, gaps in 
knowledge, or other information that would reduce 
confidence in the assessment referred to in paragraph 
(2). 
(c) FORM.—The report under subsection (a) may be 
submitted in classified form, but shall include an unclassi-
fied summary. 
SEC. 343. STUDY ON REVOKING PENSIONS OF PERSONS 
WHO COMMIT UNAUTHORIZED DISCLOSURES 
OF CLASSIFIED INFORMATION. 
(a) STUDY.—The Director of National Intelligence 
shall conduct a study on the feasibility of revoking the pen-
sions of personnel of the intelligence community who com-
mit unauthorized disclosures of classified information, in-
cluding whether revoking such pensions is feasible under ex-
isting law or under the administrative authority of the Di-
rector of National Intelligence or any other head of an ele-
ment of the intelligence community. 
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6203
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Director of National Intel-
ligence shall submit to the congressional intelligence com-
mittees a report containing the results of the study con-
ducted under subsection (a). 
SEC. 344. STUDY ON ELECTRONIC WASTE DESTRUCTION 
PRACTICES OF THE INTELLIGENCE COMMU-
NITY. 
(a) STUDY.—The Inspector General of the Intelligence 
Community shall conduct a study on the electronic waste 
destruction practices of the intelligence community. Such 
study shall assess— 
(1) the security of the electronic waste disposal 
practices of the intelligence community, including the 
potential for counterintelligence exploitation of de-
stroyed, discarded, or recycled materials; 
(2) the environmental impact of such disposal 
practices; and 
(3) methods to improve the security and environ-
mental impact of such disposal practices, including 
steps to prevent the forensic exploitation of electronic 
waste. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Inspector General of the 
Intelligence Community shall submit to the congressional 
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6203
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS
intelligence committees a report containing the results of 
the study conducted under subsection (a). 
SEC. 345. REPORT ON RETIREMENT BENEFITS FOR FORMER 
EMPLOYEES OF AIR AMERICA. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Director of National 
Intelligence shall submit to Congress a report on the advis-
ability of providing Federal retirement benefits to United 
States citizens for the service of such citizens prior to 1977 
as employees of Air America or an associated company dur-
ing a period when Air America or the associated company 
was owned or controlled by the United States Government 
and operated or managed by the Central Intelligence Agen-
cy. 
(b) REPORT ELEMENTS.—The report required by sub-
section (a) shall include the following: 
(1) The history of Air America and the associ-
ated companies prior to 1977, including a description 
of— 
(A) the relationship between Air America 
and the associated companies and the Central 
Intelligence Agency or any other element of the 
United States Government; 
(B) the workforce of Air America and the 
associated companies; 
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6203
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS
(C) the missions performed by Air America, 
the associated companies, and their employees 
for the United States; and 
(D) the casualties suffered by employees of 
Air America and the associated companies in the 
course of their employment. 
(2) A description of— 
(A) the retirement benefits contracted for or 
promised to the employees of Air America and 
the associated companies prior to 1977; 
(B) the contributions made by such employ-
ees for such benefits; 
(C) the retirement benefits actually paid 
such employees; 
(D) the entitlement of such employees to the 
payment of future retirement benefits; and 
(E) the likelihood that such employees will 
receive any future retirement benefits. 
(3) An assessment of the difference between— 
(A) the retirement benefits that former em-
ployees of Air America and the associated com-
panies have received or will receive by virtue of 
their employment with Air America and the as-
sociated companies; and 
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6203
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS
(B) the retirement benefits that such em-
ployees would have received or be eligible to re-
ceive if such employment was deemed to be em-
ployment by the United States Government and 
their service during such employment was cred-
ited as Federal service for the purpose of Federal 
retirement benefits. 
(4) Any recommendations regarding the advis-
ability of legislative action to treat such employment 
as Federal service for the purpose of Federal retire-
ment benefits in light of the relationship between Air 
America and the associated companies and the United 
States Government and the services and sacrifices of 
such employees to and for the United States. 
(5) If legislative action is considered advisable 
under paragraph (4), a proposal for such action and 
an assessment of its costs. 
(6) The opinions of the Director of the Central 
Intelligence Agency, if any, on any matters covered 
by the report that the Director of the Central Intel-
ligence Agency considers appropriate. 
(c) FORM.—The report required by subsection (a) shall 
be submitted in unclassified form, but may include a classi-
fied annex. 
(d) DEFINITIONS.—In this section: 
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6203
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS
(1) AIR
AMERICA.—The term ‘‘Air America’’ 
means Air America, Incorporated. 
(2) ASSOCIATED COMPANY.—The term ‘‘associ-
ated company’’ means any entity associated with, 
predecessor to, or subsidiary to Air America, includ-
ing Air Asia Company Limited, CAT Incorporated, 
Civil Air Transport Company Limited, and the Pa-
cific Division of Southern Air Transport, during the 
period when such an entity was owned and controlled 
by the United States Government. 
SEC. 346. STUDY ON COLLEGE TUITION PROGRAMS FOR EM-
PLOYEES OF THE INTELLIGENCE COMMU-
NITY. 
(a) STUDY.—The Director of National Intelligence 
shall conduct a study on the feasability of— 
(1) providing matching funds for contributions 
to college savings programs made by employees of ele-
ments of the intelligence community; and 
(2) establishing a program to pay the college tui-
tion of each child of an employee of an element of the 
intelligence community that has died in the perform-
ance of the official duties of such employee. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Director of National Intel-
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6203
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS
ligence shall submit to Congress a report containing the re-
sults of the study conducted under subsection (a). 
(c) COLLEGE SAVINGS PROGRAM DEFINED.—In this 
section, the term ‘‘college savings program’’ means— 
(1) a qualified tuition program, as defined in 
section 529 of the Internal Revenue Code of 1986; 
(2) a Coverdell education savings account, as de-
fined in section 530 of the Internal Revenue Code of 
1986; and 
(3) any other appropriate program providing 
tax incentives for saving funds to pay for college tui-
tion, as determined by the Director of National Intel-
ligence. 
SEC. 347. NATIONAL INTELLIGENCE ESTIMATE ON GLOBAL 
SUPPLY CHAIN VULNERABILITIES. 
(a) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Director of National Intel-
ligence shall submit to Congress a National Intelligence Es-
timate or National Intelligence Assessment on the global 
supply chain to determine whether such supply chain poses 
a risk to defense and intelligence systems due to counterfeit 
components that may be defective or deliberately manipu-
lated by a foreign government or a criminal organization. 
(b) REVIEW OF MITIGATION.— 
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6203
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS
(1) NCIX REVIEW.—The National Counterintel-
ligence Executive shall conduct a review of the ade-
quacy of the mechanisms to identify and mitigate 
vulnerabilities in the global supply chain that pose a 
risk to defense and intelligence systems due to coun-
terfeit components that may be defective or delib-
erately manipulated by a foreign government or a 
criminal organization. 
(2) SUBMISSION.—Not later than one year after 
the date of the enactment of this Act, the National 
Counterintelligence Executive shall submit to Con-
gress a report containing the results of the review con-
ducted under paragraph (1). 
SEC. 348. REVIEW OF RECORDS RELATING TO POTENTIAL 
HEALTH RISKS AMONG DESERT STORM VET-
ERANS. 
(a) REVIEW.—The Director of the Central Intelligence 
Agency shall conduct a classification review of the records 
of the Agency that are relevant to the known or potential 
health effects suffered by veterans of Operation Desert Storm 
as described in the November 2008, report by the Depart-
ment of Veterans Affairs Research Advisory Committee on 
Gulf War Veterans Illnesses. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Director of the Central In-
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6203
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS
telligence Agency shall submit to Congress the results of the 
classification review conducted under subsection (a), in-
cluding the total number of records of the Agency that are 
relevant. 
(c) FORM.—The report required under subsection (b) 
shall be submitted in unclassified form, but may include 
a classified annex. 
SEC. 349. REVIEW OF PENSIONS OF EMPLOYEES AFFECTED 
BY ‘‘FIVE AND OUT’’ PROGRAM OF THE FED-
ERAL BUREAU OF INVESTIGATION. 
None of the funds authorized to be appropriated by this 
Act may be used to implement the program of the Federal 
Bureau of Investigation requiring the mandatory reassign-
ment of a supervisor of the Bureau after such supervisor 
serves in a management position for seven years (commonly 
known as the ‘‘seven and out’’ program) until the Director 
of the Federal Bureau of Investigation submits to the con-
gressional intelligence committees a certification that the 
Director has completed a review of issues related to the pen-
sions of former employees of the Bureau affected by a pre-
vious program of mandatory reassignment after serving in 
a management position for five years (commonly known as 
the ‘‘five and out’’ program) and the effect of such program 
on the Bureau and the results of such review. 
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6203
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS
SEC. 350. SUMMARY OF INTELLIGENCE RELATING TO TER-
RORIST RECIDIVISM OF DETAINEES HELD AT 
UNITED STATES NAVAL STATION, GUANTA-
NAMO BAY, CUBA. 
Not later than 30 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 United States Naval 
Station, Guantanamo Bay, Cuba, by the Department 
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. 351. SUMMARY OF INTELLIGENCE ON UIGHUR DETAIN-
EES HELD AT UNITED STATES NAVAL STA-
TION, GUANTANAMO BAY, CUBA. 
Not later than 30 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 threats posed by 
Uighur detainees currently or formerly held at United 
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6203
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS
States Naval Station, Guantanamo Bay, Cuba, by the 
Department 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. 352. REPORT ON INTERROGATION RESEARCH AND 
TRAINING. 
(a) REQUIREMENT FOR REPORT.—Not later than De-
cember 31, 2009, the Director of National Intelligence, in 
coordination with the heads of the relevant elements of the 
intelligence community, shall submit to the congressional 
intelligence committees and the Committees on Appropria-
tions of the House of Representatives and the Senate a re-
port on the state of research, analysis, and training in in-
terrogation and debriefing practices. 
(b) CONTENT.—The report required under subsection 
(a) shall include— 
(1) an assessment of— 
(A) the quality and value of scientific and 
technical research in interrogation and debrief-
ing practices that has been conducted independ-
ently or in affiliation with the Federal Govern-
ment and the identification of areas in which 
additional research could potentially improve in-
terrogation practices; 
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6203
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS
(B) the state of interrogation and debriefing 
training in the intelligence community, includ-
ing the character and adequacy of the ethical 
component of such training, and the identifica-
tion of any gaps in training; 
(C) the adequacy of efforts to enhance career 
path options for intelligence community per-
sonnel that serve as interrogators and debriefers, 
including efforts to recruit and retain career per-
sonnel; and 
(D) the effectiveness of existing processes for 
studying and implementing lessons learned and 
best practices of interrogation and debriefing; 
and 
(2) any recommendations that the Director con-
siders appropriate for improving the performance of 
the intelligence community with respect to the issues 
described in subparagraphs (A) through (D) of para-
graph (1). 
SEC. 353. REPORT ON PLANS TO INCREASE DIVERSITY 
WITHIN THE INTELLIGENCE COMMUNITY. 
(a) REQUIREMENT FOR REPORT.—Not later than No-
vember 1, 2010, the Director of National Intelligence, in 
coordination with the heads of the elements of the intel-
ligence community, shall submit to the congressional intel-
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6203
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS
ligence committees a report on the plans of each 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; 
(4) a description of specific diversity awareness 
training and education programs for senior officials 
and managers of each such element; and 
(5) a description of performance metrics to 
measure the success of carrying out the plans, initia-
tives, and programs described in paragraphs (1) 
through (4). 
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6203
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS
SEC. 354. REVIEW OF FEDERAL BUREAU OF INVESTIGATION 
EXERCISE OF ENFORCEMENT JURISDICTION 
IN FOREIGN NATIONS. 
Not later than 60 days after the date of the enactment 
of this Act, the Director of the Federal Bureau of Investiga-
tion shall submit to the appropriate committees of Congress 
a review of constraints under international law and the 
laws of foreign nations to the assertion of enforcement juris-
diction with respect to criminal investigations of terrorism 
offenses under the laws of the United States conducted by 
agents of the Federal Bureau of Investigation in foreign na-
tions and using funds made available for the National In-
telligence Program, including constraints identified in sec-
tion 432 of the Restatement (Third) of the Foreign Rela-
tions Law of the United States. 
SEC. 355. REPEAL OF CERTAIN REPORTING REQUIRE-
MENTS. 
(a) ANNUAL REPORT ON INTELLIGENCE.—Section 109 
of the National Security Act of 1947 (50 U.S.C. 404d) is 
repealed. 
(b) ANNUAL
CERTIFICATION
ON
COUNTERINTEL-
LIGENCE INITIATIVES.—Section 1102(b) of the National Se-
curity Act of 1947 (50 U.S.C. 442a(b)) is amended— 
(1) by striking ‘‘(1) The Director’’ and inserting 
‘‘The Director’’ ; and 
(2) by striking paragraph (2). 
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6203
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS
(c) REPORT AND CERTIFICATION UNDER TERRORIST 
IDENTIFICATION CLASSIFICATION SYSTEM.—Section 343 of 
the Intelligence Authorization Act for Fiscal Year 2003 (50 
U.S.C. 404n–2) is amended— 
(1) by striking subsection (d); and 
(2) by redesignating subsections (e), (f), (g), and 
(h) as subsections (d), (e), (f), and (g), respectively. 
(d) ANNUAL
REPORT
ON
COUNTERDRUG
INTEL-
LIGENCE MATTERS.—Section 826 of the Intelligence Au-
thorization Act for Fiscal Year 2003 (Public Law 107–306; 
116 Stat. 2429; 21 U.S.C. 873 note) is repealed. 
SEC. 356. INCORPORATION OF REPORTING REQUIREMENTS. 
Each requirement to submit a report to the congres-
sional intelligence committees that is included in the classi-
fied annex to this Act is hereby incorporated into this Act 
and is hereby made a requirement in law. 
SEC. 357. CONFORMING AMENDMENTS. 
(a) REPORT SUBMISSION DATES.—Section 507 of the 
National Security Act of 1947 (50 U.S.C. 415b) is amend-
ed— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking subparagraphs (A) and 
(G); 
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6203
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS
(ii) by redesignating subparagraphs 
(B), (C), (D), (E), (F), (H), (I), and (N) as 
subparagraphs (A), (B), (C), (D), (E), (F), 
(G), and (H), respectively; and 
(iii) by adding at the end the following 
new subparagraphs: 
‘‘(I) The annual report on financial intelligence 
on terrorist assets required by section 118. 
‘‘(J) The annual report on foreign language pro-
ficiency in the intelligence community required by 
section 510.’’; and 
(B) in paragraph (2), by striking subpara-
graph (D); and 
(2) in subsection (b), by striking paragraph (6). 
(b) TABLE OF CONTENTS.—The table of contents in the 
first section of such Act (50 U.S.C. 401 note), as amended 
by section 313 of this Act, is further amended by— 
(1) striking the item relating to section 109; and 
(2) inserting after the item relating to section 
507 the following new items: 
‘‘Sec. 508. Annual personnel level assessment for the intelligence community. 
‘‘Sec. 509. Semiannual reports on the nuclear weapons programs of Iran, Syria, 
and North Korea. 
‘‘Sec. 510. Report on foreign language proficiency in the intelligence community. 
‘‘Sec. 511. Government Accountability Office analyses, evaluations, and investiga-
tions. 
‘‘Sec. 512. Certification of compliance with oversight requirements.’’. 
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6213
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS
Subtitle E—Other Matters 
SEC. 361. MODIFICATION OF AVAILABILITY OF FUNDS FOR 
DIFFERENT INTELLIGENCE ACTIVITIES. 
Subparagraph (B) of section 504(a)(3) of the National 
Security Act of 1947 (50 U.S.C. 414(a)(3)) is amended to 
read as follows: 
‘‘(B) the use of such funds for such activity 
supports an emergent need, improves program 
effectiveness, or increases efficiency; and’’. 
SEC. 362. PROTECTION OF CERTAIN NATIONAL SECURITY 
INFORMATION. 
(a) INCREASE IN PENALTIES FOR DISCLOSURE OF UN-
DERCOVER INTELLIGENCE OFFICERS AND AGENTS.— 
(1) DISCLOSURE
AFTER
ACCESS
TO
INFORMA-
TION IDENTIFYING AGENT.—Subsection (a) of section 
601 of the National Security Act of 1947 (50 U.S.C. 
421) is amended by striking ‘‘ten years’’ and insert-
ing ‘‘15 years’’. 
(2) DISCLOSURE AFTER ACCESS TO CLASSIFIED 
INFORMATION.—Subsection (b) of such section is 
amended by striking ‘‘five years’’ and inserting ‘‘10 
years’’. 
(b) MODIFICATIONS TO ANNUAL REPORT ON PROTEC-
TION OF INTELLIGENCE IDENTITIES.—The first sentence of 
section 603(a) of the National Security Act of 1947 (50 
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6203
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS
U.S.C. 423(a)) is amended by inserting ‘‘including an as-
sessment of the need for any modification of this title for 
the purpose of improving legal protections for covert 
agents,’’ after ‘‘measures to protect the identities of covert 
agents,’’. 
SEC. 363. EXTENSION OF AUTHORITY TO DELETE INFORMA-
TION ABOUT RECEIPT AND DISPOSITION OF 
FOREIGN GIFTS AND DECORATIONS. 
Paragraph (4) of section 7342(f) of title 5, United 
States Code, is amended to read as follows: 
‘‘(4)(A) In transmitting such listings for an element 
of the intelligence community, the head of such element may 
delete the information described in subparagraph (A) or (C) 
of paragraph (2) or in subparagraph (A) or (C) of para-
graph (3) if the head of such element certifies in writing 
to the Secretary of State that the publication of such infor-
mation could adversely affect United States intelligence 
sources or methods. 
‘‘(B) Any information not provided to the Secretary 
of State pursuant to the authority in subparagraph (A) 
shall be transmitted to the Director of National Intelligence 
who shall keep a record of such information. 
‘‘(C) In this paragraph, the term ‘intelligence commu-
nity’ has the meaning given the term in section 3(4) of the 
National Security Act of 1947 (50 U.S.C. 401a(4)).’’. 
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6203
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS
SEC. 364. EXEMPTION OF DISSEMINATION OF TERRORIST 
IDENTITY INFORMATION FROM FREEDOM OF 
INFORMATION ACT. 
Section 119 of the National Security Act of 1947 (50 
U.S.C. Section 404o) is amended by adding at the end the 
following new subsection: 
‘‘(k) EXEMPTION OF DISSEMINATION OF TERRORIST 
IDENTITY INFORMATION FROM FREEDOM OF INFORMATION 
ACT.—(1) Terrorist identity information disseminated for 
terrorist screening purposes or other authorized counterter-
rorism purposes shall be exempt from disclosure under sec-
tion 552 of title 5, United States Code. 
‘‘(2) In this section: 
‘‘(A) AUTHORIZED
COUNTERTERRORISM
PUR-
POSE.—The term ‘authorized counterterrorism pur-
pose’ includes disclosure to and appropriate use by an 
element of the Federal Government of terrorist identi-
fiers of persons reasonably suspected to be terrorists or 
supporters of terrorists. 
‘‘(B) TERRORIST IDENTITY INFORMATION.—The 
term ‘terrorist identity information’ means— 
‘‘(i) information from a database main-
tained by any element of the Federal Govern-
ment that would reveal whether an individual 
has or has not been determined to be a known 
or suspected terrorist or has or has not been de-
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6203
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS
termined to be within the networks of contacts 
and support of a known or suspected terrorist; 
and 
‘‘(ii) information related to a determination 
as to whether or not an individual is or should 
be included in the Terrorist Screening Database 
or other screening databases based on a deter-
mination that the individual is a known or sus-
pected terrorist. 
‘‘(C) TERRORIST IDENTIFIERS.—The term ‘ter-
rorist identifiers’— 
‘‘(i) includes— 
‘‘(I) names and aliases; 
‘‘(II) dates or places of birth; 
‘‘(III) unique identifying numbers or 
information; 
‘‘(IV) physical identifiers or bio-
metrics; and 
‘‘(V) any other identifying information 
provided for watchlisting purposes; and 
‘‘(ii) does not include derogatory informa-
tion or information that would reveal or com-
promise intelligence or law enforcement sources 
or methods.’’. 
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6203
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS
SEC. 365. MISUSE OF THE INTELLIGENCE COMMUNITY AND 
OFFICE OF THE DIRECTOR OF NATIONAL IN-
TELLIGENCE NAME, INITIALS, OR SEAL. 
(a) INTELLIGENCE COMMUNITY.—Title XI of the Na-
tional Security Act of 1947 (50 U.S.C. 442 et seq.) is 
amended by adding at the end the following new section: 
‘‘MISUSE OF THE INTELLIGENCE COMMUNITY NAME, 
INITIALS, OR SEAL 
‘‘SEC. 1103. (a) PROHIBITED ACTS.—No person may, 
except with the written permission of the Director of Na-
tional Intelligence or a designee of the Director, knowingly 
use the words ‘intelligence community’, the initials ‘IC’, the 
seal of the intelligence community, or any colorable imita-
tion of such words, initials, or seal in connection with any 
merchandise, impersonation, solicitation, or commercial ac-
tivity in a manner reasonably calculated to convey the im-
pression that such use is approved, endorsed, or authorized 
by the Director of National Intelligence, except that employ-
ees of the intelligence community may use the intelligence 
community name, initials, and seal in accordance with reg-
ulations promulgated by the Director of National Intel-
ligence. 
‘‘(b) INJUNCTION.—Whenever it appears to the Attor-
ney General that any person is engaged or is about to en-
gage in an act or practice which constitutes or will con-
stitute conduct prohibited by subsection (a), the Attorney 
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6203
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS
General may initiate a civil proceeding in a district court 
of the United States to enjoin such act or practice. Such 
court shall proceed as soon as practicable to the hearing 
and determination of such action and may, at any time 
before final determination, enter such restraining orders or 
prohibitions, or take such other action as is warranted, to 
prevent injury to the United States or to any person or 
class of persons for whose protection the action is brought.’’. 
(b) OFFICE OF THE DIRECTOR OF NATIONAL INTEL-
LIGENCE.—Title XI of the National Security Act of 1947 
(50 U.S.C. 442 et seq.), as amended by subsection (a) of 
this section, is further amended by adding at the end the 
following new section: 
‘‘MISUSE OF THE OFFICE OF THE DIRECTOR OF NATIONAL 
INTELLIGENCE NAME, INITIALS, OR SEAL 
‘‘SEC. 1104. (a) PROHIBITED ACTS.—No person may, 
except with the written permission of the Director of Na-
tional Intelligence or a designee of the Director, knowingly 
use the words ‘Office of the Director of National Intel-
ligence’, the initials ‘ODNI’, the seal of the Office of the 
Director of National Intelligence, or any colorable imitation 
of such words, initials, or seal in connection with any mer-
chandise, impersonation, solicitation, or commercial activ-
ity in a manner reasonably calculated to convey the impres-
sion that such use is approved, endorsed, or authorized by 
the Director of National Intelligence. 
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6203
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS
‘‘(b) INJUNCTION.—Whenever it appears to the Attor-
ney General that any person is engaged or is about to en-
gage in an act or practice which constitutes or will con-
stitute conduct prohibited by subsection (a), the Attorney 
General may initiate a civil proceeding in a district court 
of the United States to enjoin such act or practice. Such 
court shall proceed as soon as practicable to the hearing 
and determination of such action and may, at any time 
before final determination, enter such restraining orders or 
prohibitions, or take such other action as is warranted, to 
prevent injury to the United States or to any person or 
class of persons for whose protection the action is brought.’’. 
(c) CONFORMING AMENDMENT.—The table of contents 
in the first section of such Act (50 U.S.C. 401 note), as 
amended by section 357 of this Act, is further amended by 
adding at the end the following new items: 
‘‘Sec. 1103. Misuse of the intelligence community name, initials, or seal. 
‘‘Sec. 1104. Misuse of the Office of the Director of National Intelligence name, ini-
tials, or seal.’’. 
SEC. 366. SECURITY CLEARANCES: REPORTS; OMBUDSMAN; 
RECIPROCITY. 
(a) REPORTS RELATING TO SECURITY CLEARANCES.— 
(1) QUADRENNIAL AUDIT; SECURITY CLEARANCE 
DETERMINATIONS.— 
(A) IN GENERAL.—Title V of the National 
Security Act of 1947 (50 U.S.C. 413 et seq.), as 
amended by section 336 of this Act, is further 
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6203
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS
amended by adding at the end the following new 
section: 
‘‘REPORTS ON SECURITY CLEARANCES 
‘‘SEC. 513. (a) QUADRENNIAL AUDIT OF POSITION RE-
QUIREMENTS.—(1) The President shall every four years 
conduct an audit of how the executive branch determines 
whether a security clearance is required for a particular 
position in the Federal Government. 
‘‘(2) Not later than 30 days after the completion of 
an audit conducted under paragraph (1), the President 
shall submit to Congress the results of such audit. 
‘‘(b) REPORT ON SECURITY CLEARANCE DETERMINA-
TIONS.—(1) Not later than February 1 of each year, the 
President shall submit to Congress a report on the security 
clearance process. Such report shall include, for each secu-
rity clearance level— 
‘‘(A) the number of Federal Government employ-
ees who— 
‘‘(i) held a security clearance at such level 
as of October 1 of the preceding year; and 
‘‘(ii) were approved for a security clearance 
at such level during the preceding fiscal year; 
‘‘(B) the number of contractors to the Federal 
Government who— 
‘‘(i) held a security clearance at such level 
as of October 1 of the preceding year; and 
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6203
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS
‘‘(ii) were approved for a security clearance 
at such level during the preceding fiscal year; 
and 
‘‘(C) for each element of the intelligence commu-
nity— 
‘‘(i) the amount of time it took to process 
the fastest 80 percent of security clearance deter-
minations for such level; 
‘‘(ii) the amount of time it took to process 
the fastest 90 percent of security clearance deter-
minations for such level; 
‘‘(iii) the number of open security clearance 
investigations for such level that have remained 
open for— 
‘‘(I) 4 months or less; 
‘‘(II) between 4 months and 8 months; 
‘‘(III) between 8 months and 12 
months; and 
‘‘(IV) more than a year; 
‘‘(iv) the percentage of reviews during the 
preceding fiscal year that resulted in a denial or 
revocation of a security clearance; 
‘‘(v) the percentage of investigations during 
the preceding fiscal year that resulted in incom-
plete information; 
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6203
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS
‘‘(vi) the percentage of investigations during 
the preceding fiscal year that did not result in 
enough information to make a decision on poten-
tially adverse information; and 
‘‘(vii) for security clearance determinations 
completed or ongoing during the preceding fiscal 
year that have taken longer than one year to 
complete— 
‘‘(I) the number of security clearance 
determinations for positions as employees of 
the Federal Government that required more 
than one year to complete; 
‘‘(II) the number of security clearance 
determinations for contractors that required 
more than one year to complete; 
‘‘(III) the agencies that investigated 
and adjudicated such determinations; and 
‘‘(IV) the cause of significant delays in 
such determinations. 
‘‘(2) For purposes of paragraph (1), the Director of 
National Intelligence may consider— 
‘‘(A) security clearances at the level of confiden-
tial and secret as one security clearance level; and 
‘‘(B) security clearances at the level of top secret 
or higher as one security clearance level.’’. 
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6203
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS
(B) INITIAL
AUDIT.—The first audit re-
quired to be conducted under section 513(a)(1) of 
the National Security Act of 1947 (as added by 
paragraph (1)) shall be completed not later than 
February 1, 2010. 
(C) CLERICAL AMENDMENT.—The table of 
contents in the first section of such Act (50 
U.S.C. 401 note), as amended by section 365 of 
this Act, is further amended by inserting after 
the item relating to section 512 the following new 
item: 
‘‘Sec. 513. Reports on security clearances.’’. 
(2) REPORT
ON
METRICS
FOR
ADJUDICATION 
QUALITY.—Not later than 180 days after the date of 
enactment of this Act, the President shall submit to 
Congress a report on security clearance investigations 
and adjudications. Such report shall include— 
(A) Federal Government wide adjudication 
guidelines and metrics for adjudication quality; 
(B) a plan to improve the professional de-
velopment of security clearance adjudicators; 
(C) metrics to evaluate the effectiveness of 
interagency clearance reciprocity; 
(D) Federal Government wide investigation 
standards and metrics for investigation quality; 
and 
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6203
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS
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 fol-
lowing 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 com-
mittees an annual report on the science and tech-
nology strategy of the Director that shows resources 
mapped to the goals of the intelligence community; 
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 
‘‘;’’; 
VerDate Nov 24 2008 
23:33 Jun 29, 2009
Jkt 079200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6203
E:\BILLS\H2701.RH
H2701
wwoods2 on PRODPC68 with BILLS