111TH CONGRESS 
2D SESSION 
H. R. 2701 
AN ACT 
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. 
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 
‘‘Intelligence 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 in-
telligence community. 
Sec. 304. Provisions relating to the Defense Civilian Intelligence Personnel Sys-
tem. 
Sec. 305. Conflict of interest regulations and prohibition on certain outside em-
ployment for intelligence community employees. 
Subtitle B—Education 
Sec. 311. Permanent authorization for the Pat Roberts Intelligence Scholars 
Program. 
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 lan-
guages. 
Subtitle C—Congressional Oversight of Covert Actions 
Sec. 321. Reporting on covert actions. 
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. Report on foreign language proficiency in the intelligence community. 
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 Fed-
eral 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 dis-
closures of classified information. 
Sec. 344. Study on electronic waste destruction practices of the intelligence 
community. 
Sec. 345. Report on retirement benefits for former employees of Air America. 
Sec. 346. Study on college tuition programs for employees of the intelligence 
community. 
Sec. 347. Report on global supply chain vulnerabilities. 
Sec. 348. Review of records relating to potential health risks among Desert 
Storm veterans. 
Sec. 349. Federal Bureau of Investigation field office supervisory term limit 
policy. 
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 ju-
risdiction in foreign nations. 
Sec. 355. Public release of information on procedures used in narcotics 
airbridge denial program in Peru. 
Sec. 356. Cybersecurity oversight. 
Sec. 357. Reiteration of requirement to submit report on terrorism financing. 
Sec. 358. Report on questioning and detention of suspected terrorists. 
Sec. 359. Report on dissemination of counterterrorism information to local law 
enforcement agencies. 
Sec. 360. Report on intelligence capabilities of State and local law enforcement 
agencies. 
Sec. 360A. Inspector General report on over-classification. 
Sec. 360B. Report on threat from dirty bombs. 
Sec. 360C. Report on activities of the intelligence community in Argentina. 
Sec. 360D. Report on National Security Agency strategy to protect Department 
of Defense networks. 
Sec. 360E. Report on creation of space intelligence office. 
Sec. 360F. Plan to secure networks of the intelligence community. 
Sec. 360G. Report on missile arsenal of Iran. 
Sec. 360H. Study on best practices of foreign governments in combating violent 
domestic extremism. 
Sec. 360I. Report on information sharing practices of joint terrorism task 
force.
Sec. 360J. Report on technology to enable information sharing. 
Sec. 360K. Report on threats to energy security of the United States. 
Sec. 360L. Report on attempt to detonate explosive device on Northwest Air-
lines flight 253. 
Sec. 360M. Repeal of certain reporting requirements. 
Sec. 360N. Incorporation of reporting requirements. 
Sec. 360O. Conforming amendments. 
Subtitle E—Other Matters 
Sec. 361. Modification of availability of funds for different intelligence activi-
ties. 
Sec. 362. Protection of certain national security information. 
Sec. 363. Extension of authority to delete information about receipt and dis-
position of foreign gifts and decorations. 
Sec. 364. Exemption of dissemination of terrorist identity information from 
Freedom of Information Act. 
Sec. 365. Misuse of the intelligence community and Office of the Director of 
National 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 
detained at United States Naval Station, Guantanamo Bay, 
Cuba. 
Sec. 368. Intelligence community financial improvement and audit readiness. 
Sec. 369. Sense of Congress on monitoring of northern border of the United 
States. 
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 effi-
ciency reports. 
Sec. 405. Title of Chief Information Officer of the Intelligence Community. 
Sec. 406. Inspector General of the Intelligence Community. 
Sec. 407. Director of National Intelligence support for reviews of International 
Traffic in Arms Regulations and Export Administration Regu-
lations. 
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 of-
ficers. 
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 
custody 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 
Counterintelligence Executive. 
Sec. 424. Confirmation of appointment of heads of certain components of the 
intelligence community. 
Sec. 425. Associate Director of the National Security Agency for Compliance 
and Training. 
Sec. 426. 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 
Community. 
Sec. 502. Classification review of executive branch materials in the possession 
of the congressional intelligence committees. 
Sec. 503. Prohibition on use of funds to provide Miranda warnings to certain 
persons outside of the United States. 
Sec. 504. Sense of Congress honoring the contributions of the Central Intel-
ligence Agency. 
Sec. 505. Review of intelligence to determine if foreign connection to anthrax 
attacks exists. 
Sec. 505. Cybersecurity task force. 
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 
Intelligence 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 Authoriza-
tion 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 com-
mittees’’ means— 
(A) the Permanent Select Committee on 
Intelligence of the House of Representatives; 
and 
(B) the Select Committee on Intelligence 
of the Senate. 
(2) INTELLIGENCE
COMMUNITY.—The term 
‘‘intelligence community’’ has the meaning given 
that term in section 3(4) of the National Security 
Act of 1947 (50 U.S.C. 401a(4)). 
TITLE I—BUDGET AND 
PERSONNEL AUTHORIZATIONS 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for 
fiscal year 2010 for the conduct of the intelligence and 
intelligence-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. 
(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 author-
ized personnel ceilings as of September 30, 2010, for the 
conduct of the intelligence activities of the elements listed 
in paragraphs (1) through (16) of section 101, are those 
specified in the classified Schedule of Authorizations pre-
pared to accompany the bill H.R. 2701 of the One Hun-
dred Eleventh Congress.
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU-
THORIZATIONS.—The classified Schedule of Authoriza-
tions 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 Representa-
tives, and to the President. The President shall provide 
for suitable distribution 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 em-
ployment of civilian personnel in excess of the number au-
thorized for fiscal year 2010 by the classified Schedule of 
Authorizations referred to in section 102(a) if the Director 
of National Intelligence determines that such action is 
necessary to the performance of important intelligence 
functions, except that the number of personnel employed 
in excess of the number authorized under such section may 
not, for any element of the intelligence community, exceed 
3 percent of the number of civilian personnel authorized 
under such Schedule for such element. 
(b) NOTICE
TO
CONGRESSIONAL
INTELLIGENCE 
COMMITTEES.—The Director of National Intelligence 
shall notify the congressional intelligence committees in
(d) CLASSIFIED AUTHORIZATIONS.— 
(1) AUTHORIZATION OF APPROPRIATIONS.—In 
addition to amounts authorized to be appropriated 
for the Intelligence Community Management Ac-
count by subsection (a), there are authorized to be 
appropriated for the Community Management Ac-
count for fiscal year 2010 such additional amounts 
as are specified in the classified Schedule of Author-
izations referred to in section 102(a). Such addi-
tional amounts for advanced research and develop-
ment shall remain available until September 30, 
2011. 
(2) AUTHORIZATION OF PERSONNEL.—In addi-
tion to the personnel authorized by subsection (b) 
for elements of the Intelligence Community Manage-
ment Account as of September 30, 2010, there are 
authorized such additional personnel for the Com-
munity 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 ac-
company the bill H.R. 2701 of the One Hundred Eleventh 
Congress, a joint statement of the managers accom-
panying a conference report on such bill, or the classified 
annex to this Act, shall be construed to authorize or re-
quire the expenditure of funds for a congressional ear-
mark. 
(b) CONGRESSIONAL EARMARK DEFINED.—In this 
section, the term ‘‘congressional earmark’’ means a provi-
sion or report language included primarily at the request 
of a Member, Delegate, or Resident Commissioner of the 
House of Representatives or a Senator providing, author-
izing, or recommending a specific amount of discretionary 
budget authority, credit authority, or other spending au-
thority for a contract, loan, loan guarantee, grant, loan 
authority, or other expenditure with or to an entity, or 
targeted to a specific State, locality, or congressional dis-
trict, other than through a statutory or administrative for-
mula-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 Cen-
tral Intelligence Agency Retirement and Disability Fund 
for fiscal year 2010 the sum of $290,900,000. 
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 
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 
functions and duties of the office— 
‘‘(1) if during the 365-day period immediately 
preceding the date of death, resignation, or begin-
ning of inability to serve of the applicable officer, the 
person 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 functions 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 
vacant office temporarily in an acting capacity sub-
ject 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 
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 
inability to serve of the applicable officer, such 
person served in a position in an element of the 
intelligence 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
ployee 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 Gov-
ernment on a reimbursable 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 2 years.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents 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— 
(1) the term ‘‘covered position’’ means a de-
fense intelligence position in the Department of De-
fense established 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 provi-
sions of the Defense Civilian Intelligence Personnel
System under which the rate of salary or basic pay 
for such position is determined, excluding any provi-
sions relating 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, the rate of salary or basic pay was deter-
mined for the positions within the Department 
of Defense 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 COV-
ERED 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 
HOLDING COVERED POSITIONS TO THE APPROPRIATE 
PAY SYSTEM.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall take all actions which may be necessary to pro-
vide, 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 
conversion of any employees holding any covered po-
sitions which, as of such date of enactment, remain 
subject to the DCIPS pay system, to the appropriate 
pay system. 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 re-
port shall specifically include— 
(A) the Secretary’s opinion as to whether 
the DCIPS pay system should be continued, 
with or without changes, with respect to covered 
positions; and 
(B) if, in the opinion of the Secretary, the 
DCIPS pay system should be continued with re-
spect to covered positions, with changes— 
(i) a detailed description of the pro-
posed changes; and 
(ii) a description of any administrative 
action or legislation which may be nec-
essary. 
The requirements of this paragraph shall be carried 
out by the Secretary of Defense in conjunction with 
the Director of the Office of Personnel Management.
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be considered to affect— 
(1) the provisions of the Defense Civilian Intel-
ligence Personnel System governing aspects of com-
pensation apart from salary or basic pay; or 
(2) the application of such provisions with re-
spect to a covered position or any individual holding 
a covered position, including after June 16, 2009. 
SEC. 305. CONFLICT OF INTEREST REGULATIONS AND PRO-
HIBITION ON CERTAIN OUTSIDE EMPLOY-
MENT FOR INTELLIGENCE COMMUNITY EM-
PLOYEES. 
(a) CONFLICT OF INTEREST REGULATIONS.—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 
subsection: 
‘‘(s) CONFLICT
OF INTEREST REGULATIONS.—(1) 
The Director of National Intelligence, in consultation with 
the Director of the Office of Government Ethics, shall 
issue regulations prohibiting an officer or employee of an 
element of the intelligence community from engaging in 
outside employment if such employment creates a conflict 
of interest or appearance thereof. 
‘‘(2) The Director of National Intelligence shall annu-
ally submit to the congressional intelligence committees a
report describing all outside employment for officers and 
employees of elements of the intelligence community that 
was authorized by the head of an element of the intel-
ligence community during the preceding calendar year. 
Such report shall be submitted each year on the date pro-
vided in section 507.’’. 
(b) OUTSIDE EMPLOYMENT.— 
(1) PROHIBITION.—Title I of the National Se-
curity Act of 1947 (50 U.S.C. 402 et seq.) is 
amended by adding at the end the following new sec-
tion: 
‘‘PROHIBITION ON CERTAIN OUTSIDE EMPLOYMENT OF 
OFFICERS AND EMPLOYEES OF THE INTELLIGENCE 
COMMUNITY 
‘‘SEC. 120. An officer or employee of an element of 
the intelligence community may not personally own or ef-
fectively control an entity that markets or sells for profit 
the use of knowledge or skills that such officer or employee 
acquires or makes use of while carrying out the official 
duties of such officer or employee as an officer or employee 
of an element of the intelligence community.’’. 
(2) CONFORMING AMENDMENT.—The table of 
contents in the first section of such Act (50 U.S.C. 
401 note) is further amended by inserting after the 
item relating to section 119B the following new 
item:
terms and conditions as the Director considers appro-
priate. 
‘‘(3) The program shall be known as the Pat Roberts 
Intelligence Scholars Program. 
‘‘(b) ELEMENTS.—In carrying out the program under 
subsection (a), the Director shall— 
‘‘(1) establish such requirements relating to the 
academic training of participants as the Director 
considers appropriate to ensure that participants are 
prepared for employment as intelligence profes-
sionals; and 
‘‘(2) periodically review the areas of specializa-
tion of the elements of the intelligence community to 
determine the areas in which such elements are, or 
are likely to be, deficient in capabilities. 
‘‘(c) USE OF FUNDS.—Funds made available for the 
program under subsection (a) shall be used to— 
‘‘(1) provide a monthly stipend for each month 
that a student is pursuing a course of study; 
‘‘(2) pay the full tuition of a student or former 
student for the completion of such course of study; 
‘‘(3) pay for books and materials that the stu-
dent or former student requires or required to com-
plete such course of study;
‘‘(4) pay the expenses of the student or former 
student for travel requested by an element of the in-
telligence community in relation to such program; or 
‘‘(5) for such other purposes the Director con-
siders appropriate to carry out such program.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) TABLE OF CONTENTS.—The table of con-
tents in the first section of such Act (50 U.S.C. 401 
note), as amended by section 303 of this Act, is fur-
ther amended by inserting after the item relating to 
section 1021 the following new item: 
‘‘Sec. 1022. Program on recruitment and training of intelligence analysts.’’. 
(2) REPEAL OF PILOT PROGRAM.—Section 318 
of the Intelligence Authorization Act for Fiscal Year 
2004 (Public Law 108–177; 50 U.S.C. 441g note) 
is repealed. 
SEC. 312. INTELLIGENCE OFFICER TRAINING PROGRAM. 
(a) PROGRAM.—Subtitle C of title X of the National 
Security Act of 1947 (50 U.S.C. 441m et seq.), as amend-
ed by section 311 of this Act, is further amended by add-
ing at the end the following new section: 
‘‘INTELLIGENCE OFFICER TRAINING PROGRAM 
‘‘SEC. 1023. (a) PROGRAMS.—(1) The Director of 
National Intelligence may carry out grant programs in ac-
cordance with subsections (b) and (c) to enhance the re-
cruitment and retention of an ethnically and culturally di-
verse intelligence community workforce with capabilities 
critical to the national security interests of the United 
States. 
‘‘(2) In carrying out paragraph (1), the Director of 
National Intelligence shall identify the skills necessary to 
meet current or emergent needs of the intelligence commu-
nity and the educational disciplines that will provide indi-
viduals with such skills. 
‘‘(b) INSTITUTIONAL GRANT PROGRAM.—(1) The Di-
rector of National Intelligence may provide grants to insti-
tutions of higher education to support the establishment 
or continued development of programs of study in edu-
cational disciplines identified under subsection (a)(2). 
‘‘(2) A grant provided under paragraph (1) may, with 
respect to the educational disciplines identified under sub-
section (a)(2), be used for the following purposes: 
‘‘(A) Curriculum or program development. 
‘‘(B) Faculty development. 
‘‘(C) Laboratory equipment or improvements. 
‘‘(D) Faculty research. 
‘‘(c) GRANT PROGRAM FOR HISTORICALLY BLACK 
COLLEGES AND UNIVERSITIES.—(1) The Director of Na-
tional Intelligence may provide grants to historically black 
colleges and universities to provide programs of study in
educational disciplines identified under subsection (a)(2) 
or described in paragraph (2). 
‘‘(2) A grant provided under paragraph (1) may be 
used to provide programs of study in the following edu-
cational disciplines: 
‘‘(A) Foreign languages, including Middle East-
ern and South Asian dialects. 
‘‘(B) Computer science. 
‘‘(C) Analytical courses. 
‘‘(D) Cryptography. 
‘‘(E) Study abroad programs. 
‘‘(d) APPLICATION.—An institution of higher edu-
cation seeking a grant under this section shall submit an 
application describing the proposed use of the grant at 
such time and in such manner as the Director may re-
quire. 
‘‘(e) REPORTS.—An institution of higher education 
that receives a grant under this section shall submit to 
the Director regular reports regarding the use of such 
grant, including— 
‘‘(1) a description of the benefits to students 
who participate in the course of study funded by 
such grant; 
‘‘(2) a description of the results and accom-
plishments related to such course of study; and
‘‘(3) any other information that the Director 
may require. 
‘‘(f) REGULATIONS.—The Director of National Intel-
ligence shall prescribe such regulations as may be nec-
essary to carry out this section. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given the term in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001). 
‘‘(2) DIRECTOR.—The term ‘Director’ means 
the Director of National Intelligence. 
‘‘(3) ANALYTICAL COURSES.—The term ‘analyt-
ical courses’ mean programs of study involving— 
‘‘(A) analytic methodologies, including ad-
vanced statistical, polling, econometric, mathe-
matical, or geospatial modeling methodologies; 
‘‘(B) analysis of counterterrorism, crime, 
and counternarcotics; 
‘‘(C) economic analysis that includes ana-
lyzing and interpreting economic trends and de-
velopments; 
‘‘(D) medical and health analysis, includ-
ing the assessment and analysis of global health 
issues, trends, and disease outbreaks;
‘‘(E) political analysis, including political, 
social, cultural, and historical analysis to inter-
pret foreign political systems and developments; 
or 
‘‘(F) psychology, psychiatry, or sociology 
courses that assess the psychological and social 
factors that influence world events. 
‘‘(4) COMPUTER
SCIENCE.—The term ‘com-
puter science’ means a program of study in com-
puter systems, computer science, computer engineer-
ing, or hardware and software analysis, integration, 
and maintenance. 
‘‘(5) 
CRYPTOGRAPHY.—The 
term 
‘cryptog-
raphy’ means a program of study on the conversion 
of data into a scrambled code that can be deciphered 
and sent across a public or private network, and the 
applications of such conversion of data. 
‘‘(6) HISTORICALLY BLACK COLLEGE AND UNI-
VERSITY.—The term ‘historically black college and 
university’ means an institution of higher education 
that is a part B institution, as such term is defined 
in section 322 of the Higher Education Act of 1965 
(20 U.S.C. 1061).
‘‘(7) STUDY
ABROAD
PROGRAM.—The term 
‘study abroad program’ means a program of study 
that— 
‘‘(A) takes places outside the geographical 
boundaries of the United States; 
‘‘(B) focuses on areas of the world that are 
critical to the national security interests of the 
United States and are generally underrep-
resented in study abroad programs at institu-
tions of higher education, including Africa, 
Asia, Central and Eastern Europe, Eurasia, 
Latin American, and the Middle East; and 
‘‘(C) is a credit or noncredit program.’’. 
(b) REPEAL OF DUPLICATIVE PROVISIONS.— 
(1) IN GENERAL.—The following provisions of 
law are repealed: 
(A) Section 319 of the Intelligence Author-
ization Act for Fiscal Year 2004 (Public Law 
108–177; 50 U.S.C. 403 note). 
(B) Section 1003 of the National Security 
Act of 1947 (50 U.S.C. 441g–2). 
(C) Section 922 of the Ronald W. Reagan 
National Defense Authorization Act for Fiscal 
Year 2005 (Public Law 108–375; 50 U.S.C. 
402 note).
(2) EXISTING AGREEMENTS.—Notwithstanding 
the repeals made by paragraph (1), nothing in this 
subsection shall be construed to amend, modify, or 
abrogate any agreement, contract, or employment 
relationship that was in effect in relation to the pro-
visions repealed under paragraph (1) on the day 
prior to the date of the enactment of this Act. 
(c) CONFORMING AMENDMENTS.—The table of con-
tents in the first section of the National Security Act of 
1947 (50 U.S.C. 401 note), as amended by section 311 
of this Act, is further amended by— 
(1) striking the item relating to section 1003; 
and 
(2) inserting after the item relating to section 
1022 the following new item: 
‘‘Sec. 1023. Intelligence officer training program.’’. 
SEC. 313. MODIFICATIONS TO THE STOKES EDUCATIONAL 
SCHOLARSHIP PROGRAM. 
(a) EXPANSION OF PROGRAM TO GRADUATE STU-
DENTS.—Section 16 of the National Security Agency Act 
of 1959 (50 U.S.C. 402 note) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘undergraduate’’ and in-
serting ‘‘undergraduate and graduate’’; and 
(B) by striking ‘‘the baccalaureate’’ and 
inserting ‘‘a baccalaureate or graduate’’; and
et seq.), as amended by section 312 of this Act, is 
further amended by adding at the end the following 
new section: 
‘‘STOKES SCHOLARSHIP PROGRAM 
‘‘SEC. 1024. The head of an element of the intel-
ligence community may establish an undergraduate and 
graduate training program with respect to civilian employ-
ees of such element in the same manner and under the 
same conditions as the Secretary of Defense is authorized 
to establish such a program under section 16 of the Na-
tional Security Agency Act of 1959 (50 U.S.C. 402 
note).’’. 
(2) CONFORMING AMENDMENT.—The table of 
contents in the first section of such Act (50 U.S.C. 
401 note), as amended by section 312 of this Act, 
is further amended by inserting after the item relat-
ing to section 1023 the following new item: 
‘‘Sec. 1024. Stokes scholarship program.’’. 
SEC. 314. PILOT PROGRAM FOR INTENSIVE LANGUAGE IN-
STRUCTION IN AFRICAN LANGUAGES. 
(a) ESTABLISHMENT.—The Director of National In-
telligence, in consultation with the National Security Edu-
cation Board established under section 803(a) of the 
David L. Boren National Security Education Act of 1991 
(50 U.S.C. 1903(a)), may establish a pilot program for 
intensive language instruction in African languages.
(b) PROGRAM.—A pilot program established under 
subsection (a) shall provide scholarships for programs that 
provide intensive language instruction— 
(1) in any of the five highest priority African 
languages for which scholarships are not offered 
under such Act, as determined by the Director of 
National Intelligence; and 
(2) both in the United States and in a country 
in which the language is the native language of a 
significant portion of the population, as determined 
by the Director of National Intelligence. 
(c) TERMINATION.—A pilot program established in 
accordance with subsection (a) shall terminate on the date 
that is 5 years after the date on which such pilot program 
is established. 
(d) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be 
appropriated to carry out this section $2,000,000. 
(2) AVAILABILITY.—Funds authorized to be ap-
propriated under paragraph (1) shall remain avail-
able until the termination of the pilot program in ac-
cordance with subsection (c).
Subtitle C—Congressional 
Oversight of Covert Actions 
SEC. 321. REPORTING ON COVERT ACTIONS. 
(a) GENERAL CONGRESSIONAL OVERSIGHT.—Sec-
tion 501(a) of the National Security Act of 1947 (50 
U.S.C. 413(a)) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(3) In carrying out paragraph (1), the President 
shall provide to the congressional intelligence committees 
all information necessary to assess the lawfulness, effec-
tiveness, cost, benefit, intelligence gain, budgetary author-
ity, and risk of an intelligence activity, including— 
‘‘(A) the legal authority under which the intel-
ligence activity is being or was conducted; 
‘‘(B) any specific operational concerns arising 
from the intelligence activity, including the risk of 
disclosing intelligence sources or methods; 
‘‘(C) the likelihood that the intelligence activity 
will exceed the planned or authorized expenditure of 
funds or other resources; and 
‘‘(D) the likelihood that the intelligence activity 
will fail.’’. 
(b) PROCEDURES.—Section 501(c) of such Act (50 
U.S.C. 413(c)) is amended by striking ‘‘such procedures’’ 
and inserting ‘‘such written procedures’’.
(c) INTELLIGENCE ACTIVITIES.—Section 502(a)(2) 
of such Act (50 U.S.C. 413a(a)(2)) is amended by insert-
ing ‘‘(including the legal authority under which the intel-
ligence activity is being or was conducted)’’ after ‘‘con-
cerning intelligence activities’’. 
(d) COVERT ACTIONS.—Section 503 of such Act (50 
U.S.C. 413b) is amended— 
(1) in subsection (b)(2), by inserting ‘‘(includ-
ing the legal authority 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’’; 
(B) in paragraph (2), by striking ‘‘If the 
President’’ and inserting ‘‘Subject to paragraph 
(5), if the President’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(5)(A) The President may only limit access to 
a finding in accordance with this subsection or a no-
tification in accordance with subsection (d)(1) if the 
President submits to the Members of Congress spec-
ified in paragraph (2) a certification that it is essen-
tial to limit access to such finding or such notifica-
tion to meet extraordinary circumstances affecting 
vital interests of the United States. 
‘‘(B) Not later than 180 days after a certifi-
cation is submitted in accordance with subparagraph 
(A) or this subparagraph, the Director of National 
Intelligence shall— 
‘‘(i) provide access to the finding or notifi-
cation that is the subject of such certification to 
all members of the congressional intelligence 
committees; or 
‘‘(ii) submit to the Members of Congress 
specified in paragraph (2) a certification that it 
is essential to limit access to such finding or 
such notification to meet extraordinary cir-
cumstances affecting vital interests of the 
United States.’’; 
(3) in subsection (d)— 
(A) by striking ‘‘(d) The President’’ and 
inserting ‘‘(d)(1) The President’’; 
(B) in paragraph (1), as designated by 
subparagraph (A) of this paragraph, by insert-
ing ‘‘in writing’’ after ‘‘notified’’; and 
(C) by adding at the end the following new 
paragraph:
‘‘(2) For purposes of this subsection, an activity shall 
constitute a ‘significant undertaking’ if the activity— 
‘‘(A) involves the potential for loss of life; 
‘‘(B) requires an expansion of existing authori-
ties, including authorities relating to research, devel-
opment, or operations; 
‘‘(C) results in the expenditure of significant 
funds or other resources; 
‘‘(D) requires notification under section 504; 
‘‘(E) gives rise to a significant risk of disclosing 
intelligence sources or methods; or 
‘‘(F) could cause serious damage to the diplo-
matic relations of the United States if such activity 
were disclosed without authorization.’’; and 
(4) by adding at the end the following new sub-
sections: 
‘‘(g)(1) A Member of Congress to which a finding is 
reported under subsection (c) or notice is provided under 
subsection (d)(1) may submit to the Director of National 
Intelligence an objection to any part of such finding or 
such notice or to the limiting of access to such finding 
or such notice. Not later than seven days after such an 
objection is submitted to the Director of National Intel-
ligence, the Director shall report such objection in writing 
to the President and such Member of Congress.
‘‘(2) In any case where access to a finding reported 
under subsection (c) or notice provided under subsection 
(d)(1) is not made available to all members of a congres-
sional intelligence committee in accordance with sub-
section (c)(2), the President shall provide such members 
with general information regarding the finding or notice. 
‘‘(3) The President shall— 
‘‘(A) maintain a record of the Members of Con-
gress to which a finding is reported under subsection 
(c) or notice is provided under subsection (d)(1) and 
the date on which each Member of Congress receives 
such finding or notice; and 
‘‘(B) not later than 30 days after the date on 
which such finding is reported or such notice is pro-
vided, provide such record to— 
‘‘(i) in the case of a finding reported or no-
tice provided to a Member of the House of Rep-
resentatives, the Permanent Select Committee 
on Intelligence of the House of Representatives; 
and 
‘‘(ii) in the case of a finding reported or 
notice provided to a Member of the Senate, the 
Select Committee on Intelligence of the Sen-
ate.’’.
Subtitle D—Reports and Other 
Congressional Oversight 
SEC. 331. REPORT ON FINANCIAL INTELLIGENCE ON TER-
RORIST ASSETS. 
Section 118 of the National Security Act of 1947 (50 
U.S.C. 404m) is amended— 
(1) in the heading, by striking ‘‘SEMIANNUAL’’ 
and inserting ‘‘ANNUAL’’; 
(2) in subsection (a)— 
(A) in the heading, by striking ‘‘SEMI-
ANNUAL’’ and inserting ‘‘ANNUAL’’; 
(B) in the matter preceding paragraph 
(1)— 
(i) by striking ‘‘semiannual basis’’ and 
inserting ‘‘annual basis’’; and 
(ii) by striking ‘‘preceding six-month 
period’’ and inserting ‘‘preceding one-year 
period’’; 
(C) by striking paragraph (2); and 
(D) by redesignating paragraphs (3) and 
(4) as paragraphs (2) and (3), respectively; and 
(3) in subsection (d)— 
(A) in paragraph (1), by inserting ‘‘the 
Committee on Armed Services,’’ after ‘‘the 
Committee on Appropriations,’’; and
(B) in paragraph (2), by inserting ‘‘the 
Committee on Armed Services,’’ after ‘‘the 
Committee on Appropriations,’’. 
SEC. 332. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR 
THE INTELLIGENCE COMMUNITY. 
Title V of the National Security Act of 1947 (50 
U.S.C. 413 et seq.) is amended by inserting after section 
507 the following new section: 
‘‘ANNUAL PERSONNEL LEVEL ASSESSMENT FOR THE 
INTELLIGENCE COMMUNITY 
‘‘SEC. 508. (a) ASSESSMENT.—The Director of Na-
tional Intelligence shall, in consultation with the head of 
each element of the intelligence community, prepare an 
annual personnel level assessment for such element that 
assesses the personnel levels of such element for the fiscal 
year following the fiscal year in which the assessment is 
submitted. 
‘‘(b) SCHEDULE.—Each assessment required by sub-
section (a) shall be submitted to the congressional intel-
ligence committees each year along with the budget sub-
mitted by the President in accordance with section 1105 
of title 31, United States Code. 
‘‘(c) CONTENTS.—Each assessment required by sub-
section (a) shall include, for the element of the intelligence 
community concerned, the following information:
‘‘(1) The budget submission for personnel costs 
of such element for the upcoming fiscal year. 
‘‘(2) The dollar and percentage increase or de-
crease of such costs as compared to the personnel 
costs of the current fiscal year. 
‘‘(3) The dollar and percentage increase or de-
crease of such costs as compared to the personnel 
costs during the preceding five fiscal years. 
‘‘(4) The number of personnel positions re-
quested for such element for the upcoming fiscal 
year. 
‘‘(5) The numerical and percentage increase or 
decrease of such number as compared to the number 
of personnel positions of such element of the current 
fiscal year. 
‘‘(6) The numerical and percentage increase or 
decrease of such number as compared to the number 
of personnel positions of such element during the 
preceding five fiscal years. 
‘‘(7) The best estimate of the number and costs 
of contractors to be funded by such element for the 
upcoming fiscal year. 
‘‘(8) The numerical and percentage increase or 
decrease of such costs of contractors as compared to 
the best estimate of the costs of contractors to be
funded by such element during the current fiscal 
year. 
‘‘(9) The numerical and percentage increase or 
decrease of such costs of contractors as compared to 
the cost of contractors, and the number of contrac-
tors, of such element during the preceding five fiscal 
years. 
‘‘(10) A written justification for the requested 
personnel and contractor levels. 
‘‘(11) The number of intelligence collectors and 
analysts employed or contracted by such element. 
‘‘(12) A list of all contractors that have been 
the subject of an investigation completed by the in-
spector general of such element during the preceding 
fiscal year, or are or have been the subject of an in-
vestigation by such inspector general during the cur-
rent fiscal year. 
‘‘(13) A statement by the Director of National 
Intelligence of whether, based on current and pro-
jected funding, such element will have sufficient— 
‘‘(A) internal infrastructure to support the 
requested personnel and contractor levels; 
‘‘(B) training resources to support the re-
quested personnel levels; and
‘‘(C) funding to support the administrative 
and operational activities of the requested per-
sonnel levels.’’. 
SEC. 333. SEMIANNUAL REPORTS ON NUCLEAR WEAPONS 
PROGRAMS OF IRAN, SYRIA, AND NORTH 
KOREA. 
(a) IN GENERAL.—Title V of the National Security 
Act of 1947 (50 U.S.C. 413 et seq.), as amended by sec-
tion 332, is further amended by adding at the end the 
following new section: 
‘‘SEMIANNUAL REPORTS ON THE NUCLEAR WEAPONS 
PROGRAMS OF IRAN, SYRIA, AND NORTH KOREA 
‘‘SEC. 509. (a) REQUIREMENT FOR REPORTS.—Not 
less frequently than every 180 days, the Director of Na-
tional Intelligence shall submit to the appropriate congres-
sional committees a report on the intentions and capabili-
ties of the Islamic Republic of Iran, the Syrian Arab Re-
public, and the Democratic People’s Republic of Korea, 
with regard to the nuclear weapons programs of each such 
country. 
‘‘(b) CONTENT.—Each report submitted under sub-
section (a) shall include, with respect to the Islamic Re-
public of Iran, the Syrian Arab Republic, and the Demo-
cratic People’s Republic of Korea— 
‘‘(1) an assessment of nuclear weapons pro-
grams of each country;
‘‘(2) an evaluation of the sources upon which 
the intelligence used to prepare the assessment re-
ferred to in paragraph (1) is based, including the 
number of such sources and an assessment of the re-
liability of each source; 
‘‘(3) a summary of any intelligence related to 
any program gathered or developed since the pre-
vious report was submitted under subsection (a), in-
cluding intelligence collected from both open and 
clandestine sources for each country; and 
‘‘(4) a discussion of any dissents, caveats, gaps 
in knowledge, or other information that would re-
duce confidence in the assessment referred to in 
paragraph (1). 
‘‘(c) NATIONAL INTELLIGENCE ESTIMATE.—The Di-
rector of National Intelligence may submit a National In-
telligence Estimate on the intentions and capabilities of 
the Islamic Republic of Iran, the Syrian Arab Republic, 
or the Democratic People’s Republic of Korea in lieu of 
a report required by subsection (a) for that country. 
‘‘(d) APPROPRIATE CONGRESSIONAL COMMITTEES 
DEFINED.—In this section, the term ‘appropriate congres-
sional committees’ means— 
‘‘(1) the congressional intelligence committees;
‘‘(2) the Committee on Armed Services and the 
Committee on Foreign Affairs of the House of Rep-
resentatives; and 
‘‘(3) the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate.’’. 
(b) APPLICABILITY DATE.—The first report required 
to be submitted under section 509 of the National Security 
Act of 1947, as added by subsection (a), shall be sub-
mitted not later than 120 days after the date of the enact-
ment of this Act. 
SEC. 334. REPORT ON FOREIGN LANGUAGE PROFICIENCY 
IN THE INTELLIGENCE COMMUNITY. 
Not later than 1 year after the date of the enactment 
of this Act, and annually thereafter for 4 years, the Direc-
tor of National Intelligence shall submit to the congres-
sional intelligence committees and the Committees on 
Armed Services of the House of Representatives 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 the level of proficiency required; 
(2) an estimate of the number of such positions 
that each element will require during the 5-year pe-
riod beginning on the date of the submission of the 
report; 
(3) the number of positions authorized for such 
element that require foreign language proficiency 
that are filled by— 
(A) military personnel; and 
(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 ele-
ment with foreign language proficiency, including 
the foreign language and proficiency level; 
(6) the number of personnel of such element 
currently attending foreign language training, in-
cluding the provider of such training; 
(7) a description of the efforts of such element 
to recruit, hire, train, and retain personnel that are 
proficient in a foreign language; 
(8) an assessment of methods and models for 
basic, advanced, and intensive foreign language 
training; 
(9) for each foreign language and, as appro-
priate, dialect of a foreign language—
(A) the number of positions of such ele-
ment that require proficiency in the foreign lan-
guage or dialect; 
(B) the number of personnel of such ele-
ment that are serving in a position that re-
quires proficiency in the foreign language or 
dialect to perform the primary duty of the posi-
tion; 
(C) the number of personnel of such ele-
ment that are serving in a position that does 
not require proficiency in the foreign language 
or dialect to perform the primary duty of the 
position; 
(D) the number of personnel of such ele-
ment rated at each level of proficiency of the 
Interagency Language Roundtable; 
(E) whether the number of personnel at 
each level of proficiency of the Interagency 
Language Roundtable meets the requirements 
of such element; 
(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 
linguists that discontinued serving such element 
during the preceding calendar year; 
(I) the percentage of work requiring lin-
guistic skills that is fulfilled by an ally of the 
United States; 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 ele-
ment and recommendations for eliminating such 
gaps; 
(12) recommendations for eliminating required 
reports relating to foreign-language proficiency that 
the Director of National Intelligence considers out-
dated or no longer relevant; and 
(13) an assessment of the feasibility of employ-
ing foreign nationals lawfully present in the United 
States who have previously worked as translators or
interpreters for the Armed Forces or another de-
partment or agency of the Federal Government in 
Iraq or Afghanistan to meet the critical language 
needs of such element. 
SEC. 335. GOVERNMENT ACCOUNTABILITY OFFICE AUDITS 
AND INVESTIGATIONS. 
Title V of the National Security Act of 1947 (50 
U.S.C. 413 et seq.), as amended by section 334 of this 
Act, is further amended by adding at the end the following 
new section: 
‘‘GOVERNMENT ACCOUNTABILITY OFFICE ANALYSES, 
EVALUATIONS, AND INVESTIGATIONS 
‘‘SEC. 511. (a) IN GENERAL.—Except as provided in 
subsection (b), the Director of National Intelligence shall 
ensure that personnel of the Government Accountability 
Office designated by the Comptroller General are provided 
with access to all information in the possession of an ele-
ment of the intelligence community that the Comptroller 
General determines is necessary for such personnel to con-
duct an analysis, evaluation, or investigation of a program 
or activity of an element of the intelligence community 
that is requested by a committee of Congress with jurisdic-
tion over such program or activity. 
‘‘(b) EXCEPTION.—(1)(A) Subject to subparagraph 
(B), the Director of National Intelligence may restrict ac-
cess to information referred to in subsection (a) by per-
sonnel designated in such subsection if the Director deter-
mines that the restriction is necessary to protect vital na-
tional security interests of the United States. 
‘‘(B) The Director of National Intelligence may not 
restrict access under subparagraph (A) solely on the basis 
of the level of classification or compartmentation of infor-
mation that the personnel designated in subsection (a) 
may seek access to while conducting an analysis, evalua-
tion, or investigation. 
‘‘(2) If the Director exercises the authority under 
paragraph (1), the Director shall submit to each com-
mittee of Congress with jurisdiction over the program or 
activity that is the subject of the analysis, evaluation, or 
investigation for which the Director restricts access to in-
formation under such paragraph an appropriately classi-
fied statement of the reasons for the exercise of such au-
thority within 7 days. 
‘‘(3) The Director shall notify the Comptroller Gen-
eral at the time a statement under paragraph (2) is sub-
mitted, and, to the extent consistent with the protection 
of intelligence sources and methods, provide the Comp-
troller General with a copy of such statement. 
‘‘(4) The Comptroller General shall submit to each 
committee of Congress to which the Director of National 
Intelligence submits a statement under paragraph (2) any
comments on the statement that the Comptroller General 
considers appropriate. 
‘‘(c) CONFIDENTIALITY.—(1) The Comptroller Gen-
eral shall maintain the same level of confidentiality for in-
formation made available for an analysis, evaluation, or 
investigation referred to in subsection (a) as is required 
of the head of the element of the intelligence community 
from which such information is obtained. Officers and em-
ployees of the Government Accountability Office are sub-
ject to the same statutory penalties for unauthorized dis-
closure or use of such information as officers or employees 
of the element of the intelligence community that provided 
the Comptroller General or officers and employees of the 
Government Accountability Office with access to such in-
formation. 
‘‘(2) The Comptroller General shall establish proce-
dures to protect from unauthorized disclosure all classified 
and other sensitive information furnished to the Comp-
troller General or any representative of the Comptroller 
General for conducting an analysis, evaluation, or inves-
tigation referred to in subsection (a). 
‘‘(3) Before initiating an analysis, evaluation, or in-
vestigation referred to in subsection (a), the Comptroller 
General shall provide the Director of National Intelligence 
and the head of each relevant element of the intelligence
community with the name of each officer and employee 
of the Government Accountability Office who has obtained 
appropriate security clearance and to whom, upon proper 
identification, records and information of the element of 
the intelligence community shall be made available in con-
ducting such analysis, evaluation, or investigation.’’. 
SEC. 336. 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 sec-
tion 335 of this Act, is further amended by adding at the 
end the following new section: 
‘‘CERTIFICATION OF COMPLIANCE WITH OVERSIGHT 
REQUIREMENTS 
‘‘SEC. 512. The head of each element of the intel-
ligence community shall semiannually submit to the con-
gressional intelligence committees— 
‘‘(1) a certification that, to the best of the 
knowledge of the head of such element— 
‘‘(A) the head of such element of the intel-
ligence community is in full compliance with the 
requirements of this title; and 
‘‘(B) any information required to be sub-
mitted by such head of such element under this 
Act before the date of the submission of such 
certification has been properly submitted; or
‘‘(2) if such head of such element is unable to 
submit a certification under paragraph (1), a state-
ment— 
‘‘(A) of the reasons such head of such ele-
ment is not able to submit such a certification; 
‘‘(B) describing any information required 
to be submitted by such head of such element 
under this Act before the date of the submis-
sion of such statement that has not been prop-
erly submitted; and 
‘‘(C) that the head of such element will 
submit 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 
element of the intelligence community under section 512 
of the National Security Act of 1947, as added by sub-
section (a) of this section, shall be submitted not later 
than 90 days after the date of the enactment of this Act. 
SEC. 337. REPORTS ON FOREIGN INDUSTRIAL ESPIONAGE. 
(a) IN GENERAL.—Section 809(b) of the Intelligence 
Authorization Act for Fiscal Year 1995 (50 U.S.C. App. 
2170b(b)) is amended— 
(1) in the heading, by striking ‘‘ANNUAL’’ and 
inserting ‘‘BIENNIAL’’;
(2) by striking paragraph (1) and inserting the 
following new paragraph: 
‘‘(1) SUBMISSION
TO
CONGRESS.—The Presi-
dent shall biennially submit to the congressional in-
telligence committees, the Committees on Armed 
Services of the House of Representatives and the 
Senate, and congressional leadership a report updat-
ing the information referred to in subsection 
(a)(1)(D).’’; 
(3) by striking paragraph (2); and 
(4) by redesignating paragraph (3) as para-
graph (2). 
(b) INITIAL REPORT.—The first report required 
under section 809(b)(1) of such Act, as amended by sub-
section (a)(2) of this section, shall be submitted not later 
than February 1, 2010. 
SEC. 338. REPORT ON INTELLIGENCE COMMUNITY CON-
TRACTORS. 
(a) REQUIREMENT FOR REPORT.—Not later than 
November 1, 2010, the Director of National Intelligence 
shall submit to the congressional intelligence committees 
and the Committees on Armed Services of the House of 
Representatives and the Senate a report describing the use 
of personal services contracts across the intelligence com-
munity, the impact of the use of such contracts on the
intelligence community workforce, plans for conversion of 
contractor employment into Federal Government employ-
ment, and the accountability mechanisms that govern the 
performance of such personal services contracts. 
(b) CONTENT.— 
(1) IN GENERAL.—The report submitted under 
subsection (a) shall include— 
(A) a description of any relevant regula-
tions or guidance issued by the Director of Na-
tional Intelligence or the head of an element of 
the intelligence community relating to minimum 
standards required regarding the hiring, train-
ing, security clearance, and assignment of con-
tract personnel and how those standards may 
differ from those for Federal Government em-
ployees performing substantially similar func-
tions; 
(B) an identification of contracts where the 
contractor is performing substantially similar 
functions to a Federal Government employee; 
(C) an assessment of costs incurred or sav-
ings achieved by awarding contracts for the per-
formance of such functions referred to in sub-
paragraph (B) instead of using full-time em-
ployees of the elements of the intelligence com-
munity to perform such functions; 
(D) an assessment of the appropriateness 
of using contractors to perform the activities 
described in paragraph (2); 
(E) an estimate of the number of con-
tracts, and the number of personnel working 
under such contracts, related to the perform-
ance of activities described in paragraph (2); 
(F) a comparison of the compensation of 
contract employees and Federal Government 
employees 
performing 
substantially 
similar 
functions; 
(G) an analysis of the attrition of Federal 
Government personnel for contractor positions 
that provide substantially similar functions; 
(H) a description of positions that will be 
converted from contractor employment to Fed-
eral Government employment; 
(I) an analysis of the oversight and ac-
countability mechanisms applicable to personal 
services contracts awarded for intelligence ac-
tivities by each element of the intelligence com-
munity during fiscal years 2008 and 2009;
(J) an analysis of procedures in use in the 
intelligence community for conducting oversight 
of contractors to ensure identification and pros-
ecution of criminal violations, financial waste, 
fraud, or other abuses committed by contractors 
or contract personnel; and 
(K) an identification of best practices for 
oversight and accountability mechanisms appli-
cable to personal services contracts. 
(2) ACTIVITIES.—Activities described in this 
paragraph are the following: 
(A) Intelligence collection. 
(B) Intelligence analysis. 
(C) Covert actions, including rendition, de-
tention, and interrogation activities. 
SEC. 339. REPORT ON TRANSFORMATION OF THE INTEL-
LIGENCE CAPABILITIES OF THE FEDERAL 
BUREAU OF INVESTIGATION. 
Not later than 120 days after the date of the enact-
ment of this Act, the Director of the Federal Bureau of 
Investigation shall submit to the congressional intelligence 
committees and the Committees on the Judiciary of the 
House of Representatives and the Senate a report describ-
ing the Director’s long-term vision for transforming the 
intelligence capabilities of the Bureau and the progress of
the internal reforms of the Bureau intended to achieve 
that vision. Such report shall include— 
(1) the direction, strategy, and goals for trans-
forming the intelligence capabilities of the Bureau; 
(2) a description of what the fully functional in-
telligence and national security functions of the Bu-
reau should entail; 
(3) a candid assessment of the effect of internal 
reforms at the Bureau and whether such reforms 
have moved the Bureau towards achieving the goals 
of the Director for the intelligence and national se-
curity functions of the Bureau; and 
(4) an assessment of how well the Bureau per-
forms tasks that are critical to the effective func-
tioning of the Bureau as an intelligence agency, in-
cluding— 
(A) identifying new intelligence targets 
within the scope of the national security func-
tions of the Bureau, outside the parameters of 
an existing case file or ongoing investigation; 
(B) collecting intelligence domestically, in-
cluding collection through human and technical 
sources; 
(C) recruiting human sources;
(D) training Special Agents to spot, assess, 
recruit, and handle human sources; 
(E) working collaboratively with other Fed-
eral departments and agencies to jointly collect 
intelligence on domestic counterterrorism and 
counterintelligence targets; 
(F) producing a common intelligence pic-
ture of domestic threats to the national security 
of the United States; 
(G) producing high quality and timely in-
telligence analysis; 
(H) integrating intelligence analysts into 
its intelligence collection operations; and 
(I) sharing intelligence information with 
intelligence community partners. 
SEC. 340. REPORT ON INTELLIGENCE RESOURCES DEDI-
CATED TO IRAQ AND AFGHANISTAN. 
Not later than 120 days after the date of the enact-
ment of this Act, the Director of National Intelligence and 
the Secretary of Defense shall jointly submit to the con-
gressional intelligence committees and the Committees on 
Armed Services of the House of Representatives and the 
Senate a report on intelligence collection and analysis re-
sources: (1) dedicated to Iraq and Afghanistan during fis-
cal years 2008 and 2009; and (2) planned to be dedicated
during fiscal year 2010. Such report shall include detailed 
information on fiscal, human, technical, and other intel-
ligence collection and analysis resources. 
SEC. 341. REPORT ON INTERNATIONAL TRAFFIC IN ARMS 
REGULATIONS. 
(a) REPORT.—Not later than February 1, 2011, the 
Director of National Intelligence shall submit to the con-
gressional intelligence committees, the Committee on For-
eign Affairs of the House of Representatives, and the 
Committee on Foreign Relations of the Senate a report 
assessing the threat to national security presented by the 
efforts of foreign countries to acquire, through espionage, 
diversion, or other means, sensitive equipment and tech-
nology, and the degree to which United States export con-
trols (including the International Traffic in Arms Regula-
tions) are adequate to defeat such efforts. 
(b) FORM.—The report under subsection (a) shall be 
submitted in unclassified form, but may include a classi-
fied annex. 
(c) INTERNATIONAL TRAFFIC
IN ARMS REGULA-
TIONS DEFINED.—The term ‘‘International Traffic in 
Arms Regulations’’ means those regulations contained in 
parts 120 through 130 of title 22, Code of Federal Regu-
lations (or successor 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 material and equipment. 
(b) CONTENTS.—The report submitted under sub-
section (a) shall include, for a period of time including 
at least the preceding 3 years— 
(1) details of all known or suspected cases of 
the illicit sale, transfer, brokering, or transport of— 
(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 rep-
resent the greatest risk of nuclear trafficking activi-
ties; and 
(3) a discussion of any dissents, caveats, gaps 
in knowledge, or other information that would re-
duce 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 
pensions of personnel of the intelligence community who 
commit unauthorized disclosures of classified information, 
including whether revoking such pensions is feasible under 
existing law or under the administrative authority of the 
Director of National Intelligence or any other head of an 
element of the intelligence community. 
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Director of National In-
telligence shall submit to the congressional intelligence 
committees a report containing the results of the study 
conducted under subsection (a). 
SEC. 344. STUDY ON ELECTRONIC WASTE DESTRUCTION 
PRACTICES OF THE INTELLIGENCE COMMU-
NITY. 
(a) STUDY.—The Inspector General of the Intel-
ligence 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 
destroyed, discarded, or recycled materials; 
(2) the environmental impact of such disposal 
practices; and 
(3) methods to improve the security and envi-
ronmental impact of such disposal practices, includ-
ing steps to prevent the forensic exploitation of elec-
tronic waste. 
(b) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Inspector General of the 
Intelligence Community shall submit to the congressional 
intelligence committees a report containing the results of 
the study conducted under subsection (a). 
SEC. 
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 ad-
visability 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 during a period when Air America or the associ-
ated company was owned or controlled by the United 
States Government and operated or managed by the Cen-
tral Intelligence Agency. 
(b) REPORT ELEMENTS.—The report required by 
subsection (a) shall include the following: 
(1) The history of Air America and the associ-
ated companies prior to 1977, including a descrip-
tion 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; 
(C) the missions performed by Air Amer-
ica, the associated companies, and their employ-
ees 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 em-
ployees 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 
employees of Air America and the associated 
companies have received or will receive by virtue 
of their employment with Air America and the 
associated companies; and 
(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 Fed-
eral 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 sac-
rifices 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 classified annex. 
(d) DEFINITIONS.—In this section: 
(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 con-
trolled by the United States Government.
SEC. 346. STUDY ON COLLEGE TUITION PROGRAMS FOR 
EMPLOYEES 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 
elements of the intelligence community; and 
(2) establishing a program to pay the college 
tuition of each child of an employee of an element 
of the intelligence community that has died in the 
performance 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 In-
telligence shall submit to Congress a report containing the 
results 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 
defined 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 In-
telligence. 
SEC. 
347. 
REPORT 
ON 
GLOBAL 
SUPPLY 
CHAIN 
VULNERABILITIES. 
(a) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Director of National In-
telligence shall submit to Congress a report on the global 
supply chain and global provision of services to determine 
whether such supply chain and such services pose a risk 
to defense and intelligence systems due to components 
that may be counterfeit, defective, or deliberately manipu-
lated by a foreign government or a criminal organization 
or services that may be managed, controlled, or manipu-
lated by a foreign government or a criminal organization. 
(b) REVIEW OF MITIGATION.— 
(1) NCIX REVIEW.—The National Counter-
intelligence Executive shall conduct a review of the 
adequacy of the mechanisms to identify and mitigate 
vulnerabilities in the global supply chain that pose a 
risk to defense and intelligence systems due to com-
ponents that may be counterfeit, defective, or delib-
erately manipulated by a foreign government or a 
criminal organization or services that may be man-
aged, controlled, or manipulated by a foreign govern-
ment or a criminal organization. Such review shall
include an examination of the threat posed by State- 
controlled and State-invested enterprises and the ex-
tent to which the actions and activities of such en-
terprises may be controlled, coerced, or influenced by 
a foreign government. 
(2) SUBMISSION.—Not later than 1 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 
conducted 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 Intel-
ligence 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 Department of Veterans Affairs Research Advisory 
Committee on Gulf War Veterans Illnesses. 
(b) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Director of the Central 
Intelligence Agency shall submit to Congress the results 
of the classification review conducted under subsection (a),
including 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. FEDERAL BUREAU OF INVESTIGATION FIELD OF-
FICE SUPERVISORY TERM LIMIT POLICY. 
None of the funds authorized to be appropriated by 
this Act may be used to implement the field office super-
visory term limit policy of the Federal Bureau of Inves-
tigation requiring the mandatory reassignment of a super-
visor of the Bureau after a specific term of years. 
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 enact-
ment of this Act, the Director of National Intelligence, in 
consultation with the Director of the Central Intelligence 
Agency and the Director of the Defense Intelligence Agen-
cy, 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 De-
partment of Defense; and 
(2) an assessment of the likelihood that such 
detainees will engage in terrorism or communicate 
with persons in terrorist organizations. 
SEC. 351. SUMMARY OF INTELLIGENCE ON UIGHUR DE-
TAINEES HELD AT UNITED STATES NAVAL 
STATION, GUANTANAMO BAY, CUBA. 
Not later than 30 days after the date of the enact-
ment of this Act, the Director of National Intelligence, in 
consultation with the Director of the Central Intelligence 
Agency and the Director of the Defense Intelligence Agen-
cy, shall make publicly available an unclassified summary 
of— 
(1) intelligence relating to threats posed by 
Uighur detainees 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 
detainees 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 
December 31, 2009, the Director of National Intelligence,
in coordination with the heads of the relevant elements 
of the intelligence community, shall submit to the congres-
sional intelligence committees and the Committees on Ap-
propriations of the House of Representatives and the Sen-
ate a report on the state of research, analysis, and training 
in interrogation 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; 
(B) the state of interrogation and debrief-
ing training in the intelligence community, in-
cluding the character and adequacy of the eth-
ical component of such training, and the identi-
fication of any gaps in training; 
(C) the adequacy of efforts to enhance ca-
reer path options for intelligence community 
personnel that serve as interrogators and
debriefers, including efforts to recruit and re-
tain career personnel; and 
(D) the effectiveness of existing processes 
for studying and implementing lessons learned 
and best practices of interrogation and debrief-
ing; 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) FINDINGS.—Congress finds the following: 
(1) To most effectively carry out the mission of 
the intelligence community to collect and analyze in-
telligence, the intelligence community needs per-
sonnel that look and speak like the citizens of the 
many nations in which the United States needs to 
collect such intelligence. 
(2) One of the great strengths of the United 
States is the diversity of the people of the United 
States, diversity that can positively contribute to the 
operational capabilities and effectiveness of the intel-
ligence community.
(3) In the past, the intelligence community has 
not properly focused on hiring a diverse workforce 
and the capabilities of the intelligence community 
have suffered due to that lack of focus. 
(4) The intelligence community must be delib-
erate and work hard to hire a diverse workforce to 
improve the operational capabilities and effectiveness 
of the intelligence community. 
(b) REQUIREMENT FOR REPORT.—Not later than 1 
year after the date of the enactment of this Act, the Direc-
tor of National Intelligence, in coordination with the heads 
of the elements of the intelligence community, shall submit 
to the congressional intelligence committees a report on 
the plans of each element to increase diversity within the 
intelligence community. 
(c) CONTENT.—The report required by subsection (b) 
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). 
SEC. 354. REVIEW OF FEDERAL BUREAU OF INVESTIGA-
TION EXERCISE OF ENFORCEMENT JURISDIC-
TION IN FOREIGN NATIONS. 
Not later than 60 days after the date of the enact-
ment of this Act, the Director of the Federal Bureau of 
Investigation, in consultation with the Secretary of State, 
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 ju-
risdiction with respect to criminal investigations of ter-
rorism offenses under the laws of the United States con-
ducted by agents of the Federal Bureau of Investigation 
in foreign nations and using funds made available for the 
National Intelligence Program, including constraints iden-
tified in section 432 of the Restatement (Third) of the 
Foreign Relations Law of the United States. 
SEC. 355. PUBLIC RELEASE OF INFORMATION ON PROCE-
DURES USED IN NARCOTICS AIRBRIDGE DE-
NIAL PROGRAM IN PERU. 
Not later than 30 days after the date of the enact-
ment of this Act, the Director of the Central Intelligence 
Agency shall make publicly available an unclassified 
version of the report of the Inspector General of the Cen-
tral Intelligence Agency entitled ‘‘Procedures Used in Nar-
cotics Airbridge Denial Program in Peru, 1995–2001’’, 
dated August 25, 2008. 
SEC. 356. CYBERSECURITY OVERSIGHT. 
(a) 
NOTIFICATION
OF
CYBERSECURITY
PRO-
GRAMS.— 
(1) REQUIREMENT FOR NOTIFICATION.— 
(A) EXISTING PROGRAMS.—Not later than 
30 days after the date of the enactment of this 
Act, the President shall submit to Congress a 
notification for each cybersecurity program in 
operation on such date that includes the docu-
mentation referred to in subparagraphs (A) 
through (E) of paragraph (2). 
(B) NEW PROGRAMS.—Not later than 30 
days after the date of the commencement of op-
erations of a new cybersecurity program, the 
President shall submit to Congress a notifica-
tion of such commencement that includes the 
documentation referred to in subparagraphs (A) 
through (E) of paragraph (2). 
(2) DOCUMENTATION.—A notification required 
by paragraph (1) for a cybersecurity program shall 
include— 
(A) the legal justification for the cyberse-
curity program; 
(B) the certification, if any, made pursu-
ant to section 2511(2)(a)(ii)(B) of title 18, 
United States Code, or other statutory certifi-
cation of legality for the cybersecurity program; 
(C) the concept for the operation of the cy-
bersecurity program that is approved by the 
head of the appropriate agency or department; 
(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 agency or depart-
ment; and 
(E) the plan, if any, for independent audit 
or review of the cybersecurity program to be 
carried out by the head of the relevant depart-
ment or agency of the United States, in con-
junction with the appropriate inspector general. 
(b) PROGRAM REPORTS.— 
(1) REQUIREMENT FOR REPORTS.—The head of 
a department or agency of the United States with 
responsibility 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, in accordance with the schedule set 
out in paragraph (2), 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 imple-
mentation of the cybersecurity program— 
(i) is in compliance with—
(I) the legal justification referred 
to in subsection (a)(2)(A); and 
(II) the assessment referred to in 
subsection (a)(2)(D), if any; 
(ii) is adequately described by the con-
cept of operation referred to in subsection 
(a)(2)(C), if any; and 
(iii) includes an adequate independent 
audit or review system and whether im-
provements to such independent audit or 
review system are necessary. 
(2) SCHEDULE
FOR
SUBMISSION
OF
RE-
PORTS.—The reports required by paragraph (1) 
shall be submitted to Congress and the President ac-
cording to the following schedule: 
(A) An initial report shall be submitted not 
later than 180 days after the date of the enact-
ment of this Act. 
(B) A second report shall be submitted not 
later than 1 year after the date of the enact-
ment of this Act. 
(C) Additional reports shall be submitted 
periodically following the submission of the re-
ports referred to in subparagraphs (A) and (B) 
as necessary, as determined by the head of the
relevant department or agency of the United 
States in conjunction with the inspector general 
of that department or agency. 
(3) COOPERATION AND COORDINATION.— 
(A) COOPERATION.—The head of each de-
partment or agency of the United States re-
quired to submit a report under paragraph (1) 
for a particular cybersecurity program, and the 
inspector general of each such department or 
agency, shall, to the extent practicable, work in 
conjunction with any other such head or inspec-
tor 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 para-
graph (1) for a particular cybersecurity pro-
gram shall designate one such head to coordi-
nate the conduct of the reports on such pro-
gram. 
(c) INFORMATION
SHARING
REPORT.—Not later 
than 1 year after the date of the enactment of this Act, 
the Inspector General of the Department of Homeland Se-
curity and the Inspector General of the Intelligence Com-
munity shall jointly submit to Congress and the President
a report on the status of the sharing of cyber threat infor-
mation, including— 
(1) a description of how cyber threat intel-
ligence information, including classified information, 
is shared among the agencies and departments of 
the United States and with persons responsible for 
critical infrastructure; 
(2) a description of the mechanisms by which 
classified cyber threat information is distributed; 
(3) an assessment of the effectiveness of such 
information sharing and distribution; and 
(4) any other matters identified by the Inspec-
tors General that would help to fully inform Con-
gress or the President regarding the effectiveness 
and legality 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 of-
ficer or employee of such element to the National 
Cyber Investigative Joint Task Force or to the De-
partment 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 3 years; 
and 
(B) on a reimbursable or nonreimbursable 
basis. 
(e) SUNSET.—The requirements and authorities of 
this section shall terminate on December 31, 2012. 
(f) DEFINITIONS.—In this section: 
(1) CYBERSECURITY PROGRAM.—The term ‘‘cy-
bersecurity program’’ means a class or collection of 
similar cybersecurity operations of an agency or de-
partment of the United States that involves person-
ally identifiable data that is— 
(A) screened by a cybersecurity system 
outside of the agency or department of the 
United States that was the intended recipient of 
the personally identifiable data; 
(B) transferred, for the purpose of cyberse-
curity, outside the agency or department of the 
United States that was the intended recipient of 
the personally identifiable data; or
(C) transferred, for the purpose of cyberse-
curity, to an element of the intelligence commu-
nity. 
(2) NATIONAL
CYBER
INVESTIGATIVE
JOINT 
TASK FORCE.—The term ‘‘National Cyber Investiga-
tive Joint Task Force’’ means the multi-agency 
cyber investigation coordination organization over-
seen by the Director of the Federal Bureau of Inves-
tigation known as the Nation Cyber Investigative 
Joint Task Force that coordinates, integrates, and 
provides pertinent information related to cybersecu-
rity investigations. 
(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. 357. REITERATION OF REQUIREMENT TO SUBMIT RE-
PORT ON TERRORISM FINANCING. 
Not later than 180 days after the date of the enact-
ment of this Act, the President, acting through the Sec-
retary of the Treasury, shall submit to Congress the report 
required to be submitted under section 6303(a) of the In-
telligence Reform and Terrorism Prevention Act of 2004 
(Public Law 108–458; 118 Stat. 3750).
SEC. 358. REPORT ON QUESTIONING AND DETENTION OF 
SUSPECTED TERRORISTS. 
Not later than 180 days after the date of the enact-
ment of this Act, the Director of National Intelligence, in 
consultation with the Attorney General, shall submit to 
Congress a report containing— 
(1) a description of the strategy of the Federal 
Government for balancing the intelligence collection 
needs of the United States with the interest of the 
United States in prosecuting terrorist suspects; and 
(2) a description of the policy of the Federal 
Government with respect to the questioning, deten-
tion, trial, transfer, release, or other disposition of 
suspected terrorists. 
SEC. 359. REPORT ON DISSEMINATION OF COUNTERTER-
RORISM INFORMATION TO LOCAL LAW EN-
FORCEMENT AGENCIES. 
Not later than 180 days after the date of the enact-
ment of this Act, the Director of National Intelligence 
shall submit to Congress a report on the dissemination 
of critical counterterrorism information from the intel-
ligence community to local law enforcement agencies, in-
cluding recommendations for improving the means of com-
munication of such information to local law enforcement 
agencies.
(5) an assessment of the efficiently of co-locat-
ing such an intelligence training center with an ex-
isting intelligence community or military intelligence 
training center. 
SEC. 360A. INSPECTOR GENERAL REPORT ON OVER-CLASSI-
FICATION. 
(a) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Inspector General of the 
Intelligence Community shall submit to Congress a report 
containing an analysis of the problem of over-classification 
of intelligence and ways to address such over-classifica-
tion, including an analysis of the importance of protecting 
sources and methods while providing law enforcement and 
the public with as much access to information as possible. 
(b) FORM.—The report under subsection (a) shall be 
submitted in unclassified form, but may include a classi-
fied annex. 
SEC. 360B. REPORT ON THREAT FROM DIRTY BOMBS. 
Not later than 180 days after the date of the enact-
ment of this Act, the Director of National Intelligence, in 
consultation with the Nuclear Regulatory Commission, 
shall submit to Congress a report summarizing intelligence 
related to the threat to the United States from weapons 
that use radiological materials, including highly dispersible 
substances such as cesium–137.
SEC. 360C. REPORT ON ACTIVITIES OF THE INTELLIGENCE 
COMMUNITY IN ARGENTINA. 
(a) IN GENERAL.—Not later than 270 days after the 
date of the enactment of this Act, the Director of National 
Intelligence shall submit to the appropriate congressional 
committees a report containing the following: 
(1) A description of any information in the pos-
session of the intelligence community with respect to 
the following events in the Republic of Argentina: 
(A) The accession to power by the military 
of the Republic of Argentina in 1976. 
(B) Violations of human rights committed 
by officers or agents of the Argentine military 
and security forces during counterinsurgency or 
counterterror operations, including by the State 
Intelligence 
Secretariat 
(Secretaria 
de 
Inteligencia del Estado), Military Intelligence 
Detachment 141 (Destacamento de Inteligencia 
Militar 141 in Cordoba), Military Intelligence 
Detachment 121 (Destacamento Militar 121 in 
Rosario), Army Intelligence Battalion 601, the 
Army Reunion Center (Reunion Central del 
Ejercito), and the Army First Corps in Buenos 
Aires. 
(C) Operation Condor and Argentina’s role 
in cross-border counterinsurgency or counter-
terror operations with Brazil, Bolivia, Chile, 
Paraguay, or Uruguay. 
(2) Information on abductions, torture, dis-
appearances, and executions by security forces and 
other forms of repression, including the fate of Ar-
gentine children born in captivity, that took place at 
detention centers, including the following: 
(A) 
The 
Argentine 
Navy 
Mechanical 
School (Escuela Mecanica de la Armada). 
(B) Automotores Orletti. 
(C) Operaciones Tacticas 18. 
(D) La Perla. 
(E) Campo de Mayo. 
(F) Institutos Militares. 
(3) An appendix of declassified records reviewed 
and used for the report submitted under this sub-
section. 
(4) A descriptive index of information referred 
to in paragraph (1) or (2) that is classified, includ-
ing the identity of each document that is classified, 
the reason for continuing the classification of such 
document, and an explanation of how the release of 
the document would damage the national security in-
terests of the United States.
(b) REVIEW OF CLASSIFIED DOCUMENTS.—Not later 
than 2 years after the date on which the report required 
under subsection (a) is submitted, the Director of National 
Intelligence shall review information referred to in para-
graph (1) or (2) of subsection (a) that is classified to de-
termine if any of such information should be declassified. 
(c) FORM.—The report required under subsection (a) 
shall be submitted in unclassified form, but may include 
a classified annex. 
(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means the Permanent Select Com-
mittee on Intelligence and the Committee on Appropria-
tions of the House of Representatives and the Select Com-
mittee on Intelligence and the Committee on Appropria-
tions of the Senate. 
SEC. 360D. REPORT ON NATIONAL SECURITY AGENCY 
STRATEGY TO PROTECT DEPARTMENT OF 
DEFENSE NETWORKS. 
Not later than 180 days after the date of the enact-
ment of this Act, the Director of the National Security 
Agency shall submit to Congress a report on the strategy 
of the National Security Agency with respect to securing 
networks of the Department of Defense within the intel-
ligence community.
SEC. 360E. REPORT ON CREATION OF SPACE INTEL-
LIGENCE OFFICE. 
Not later than 1 year after the date of the enactment 
of this Act, the Director of National Intelligence shall sub-
mit to Congress a report on the feasibility and advisability 
of creating a national space intelligence office to manage 
space-related intelligence assets and access to such assets. 
SEC. 360F. PLAN TO SECURE NETWORKS OF THE INTEL-
LIGENCE COMMUNITY. 
(a) PLAN.—Not later than 180 days after the date 
of the enactment of this Act, the President shall submit 
to Congress a plan to secure the networks of the intel-
ligence community. Such plan shall include strategies 
for— 
(1) securing the networks of the intelligence 
community from unauthorized remote access, intru-
sion, or insider tampering; 
(2) recruiting, retaining, and training a highly- 
qualified cybersecurity intelligence community work-
force and include— 
(A) an assessment of the capabilities of 
such workforce; 
(B) an examination of issues of recruiting, 
retention, and the professional development of 
such workforce, including the possibility of pro-
viding retention bonuses or other forms of com-
pensation; 
(C) an assessment of the benefits of out-
reach and training with both private industry 
and academic institutions with respect to such 
workforce; and 
(D) an assessment of the impact of the es-
tablishment of the Department of Defense 
Cyber Command on personnel and authorities 
of the intelligence community; 
(3) making the intelligence community work-
force and the public aware of cybersecurity best 
practices and principles; 
(4) coordinating the intelligence community re-
sponse to a cybersecurity incident; 
(5) collaborating with industry and academia to 
improve cybersecurity for critical infrastructure, the 
defense industrial base, and financial networks; 
(6) addressing such other matters as the Presi-
dent 
considers 
necessary 
to 
secure 
the 
cyberinfrastructure of the intelligence community; 
and 
(7) reviewing procurement laws and classifica-
tion issues to determine how to allow for greater in-
formation sharing on specific cyber threats and at-
tacks between private industry and the intelligence 
community. 
(b) UPDATES.—Not later than 90 days after the date 
on which the plan referred to in subsection (a) is sub-
mitted to Congress, and every 90 days thereafter until the 
President submits the certification referred to in sub-
section (c), the President shall report to Congress on the 
status of the implementation of such plan and the progress 
towards the objectives of such plan. 
(c) CERTIFICATION.—The President may submit to 
Congress a certification that the objectives of the plan re-
ferred to in subsection (a) have been achieved. 
SEC. 360G. REPORT ON MISSILE ARSENAL OF IRAN. 
Not later than 180 days after the date of the enact-
ment of this Act, the Director of National Intelligence 
shall submit to the congressional intelligence committees 
a report assessing the threat posed by the missile arsenal 
of Iran to allies and interests of the United States in the 
Persian Gulf. 
SEC. 360H. STUDY ON BEST PRACTICES OF FOREIGN GOV-
ERNMENTS IN COMBATING VIOLENT DOMES-
TIC EXTREMISM. 
(a) STUDY.—The Director of National Intelligence 
shall conduct a study on the best practices of foreign gov-
ernments (including the intelligence services of such gov-
ernments) to combat violent domestic extremism. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Director of National In-
telligence shall submit to the congressional intelligence 
committees a report containing the results of the study 
conducted under subsection (a). 
SEC. 360I. REPORT ON INFORMATION SHARING PRACTICES 
OF JOINT TERRORISM TASK FORCE. 
Not later than 180 days after the date of the enact-
ment of this Act, the Director of the Federal Bureau of 
Investigation shall submit to Congress a report on the best 
practices or impediments to information sharing in the 
Federal Bureau of Investigation-New York Police Depart-
ment Joint Terrorism Task Force, including ways in 
which the combining of Federal, State, and local law en-
forcement resources can result in the effective utilization 
of such resources. 
SEC. 360J. REPORT ON TECHNOLOGY TO ENABLE INFORMA-
TION SHARING. 
Not later than 180 days after the date of the enact-
ment of this Act, the Director of National Intelligence 
shall submit to Congress and the President a report de-
scribing the improvements to information technology need-
ed to enable elements of the Federal Government that are
not part of the intelligence community to better share in-
formation with elements of the intelligence community. 
SEC. 360K. REPORT ON THREATS TO ENERGY SECURITY OF 
THE UNITED STATES. 
Not later than 1 year after the date of the enactment 
of this Act, the Director of National Intelligence shall sub-
mit to Congress a report in unclassified form describing 
the future threats to describing the future threats to the 
national security of the United States from continued and 
increased dependence of the United States on oil sources 
from foreign nations. 
SEC. 360L. REPORT ON ATTEMPT TO DETONATE EXPLOSIVE 
DEVICE ON NORTHWEST AIRLINES FLIGHT 
253. 
Not later than 180 days after the date of the enact-
ment of this Act, the Director of National Intelligence 
shall submit to Congress a report on the attempt to deto-
nate an explosive device aboard Northwest Airlines flight 
number 253 on December 25, 2009. Such report shall de-
scribe any failures to share or analyze intelligence or other 
information within or between elements of the United 
States Government and the measures that the intelligence 
community has taken or will take to prevent such failures, 
including—
(1) a description of the roles and responsibil-
ities of the counterterrorism analytic components of 
the intelligence community in synchronizing, corre-
lating, and analyzing all sources of intelligence re-
lated to terrorism; 
(2) an assessment of the technological capabili-
ties of the intelligence community to assess terrorist 
threats, including— 
(A) a list of all databases used by counter-
terrorism analysts; 
(B) a description of the steps taken by the 
intelligence community to integrate all relevant 
terrorist databases and allow for cross-database 
searches; and 
(C) a description of the steps taken by the 
intelligence community to correlate biographic 
information with terrorism-related intelligence; 
(3) a description of the steps taken by the intel-
ligence community to train analysts on watchlisting 
processes and procedures; 
(4) a description of how watchlisting informa-
tion is entered, reviewed, searched, analyzed, and 
acted upon by the relevant elements of the intel-
ligence community;
(5) a description of the steps the intelligence 
community is taking to enhance the rigor and raise 
the standard of tradecraft of intelligence analysis re-
lated to uncovering and preventing terrorist plots; 
(6) a description of the processes and proce-
dures 
by 
which 
the 
intelligence 
community 
prioritizes terrorism threat leads and the standards 
used by elements of the intelligence community to 
determine if follow-up action is appropriate; 
(7) a description of the steps taken to enhance 
record information on possible terrorists in the Ter-
rorist Identities Datamart Environment; 
(8) an assessment of how to meet the challenge 
associated with exploiting the ever-increasing volume 
of information available to the intelligence commu-
nity; and 
(9) a description of the steps the intelligence 
community has taken or will take to respond to any 
findings and recommendations of the congressional 
intelligence committees, with respect to such fail-
ures, that have been transmitted to the Director of 
National Intelligence.
SEC. 360M. 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 
Security Act of 1947 (50 U.S.C. 442a(b)) is amended— 
(1) by striking ‘‘(1) The Director’’ and insert-
ing ‘‘The Director’’; and 
(2) by striking paragraph (2). 
(c) 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. 360N. INCORPORATION OF REPORTING REQUIRE-
MENTS. 
Each requirement to submit a report to the congres-
sional intelligence committees that is included in the clas-
sified annex to this Act is hereby incorporated into this 
Act and is hereby made a requirement in law. 
SEC. 360O. CONFORMING AMENDMENTS. 
(a) REPORT SUBMISSION DATES.—Section 507 of 
the National Security Act of 1947 (50 U.S.C. 415b) is 
amended— 
(1) in subsection (a)—
(A) in paragraph (1)— 
(i) by striking subparagraphs (A) and 
(G); 
(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 fol-
lowing new subparagraphs: 
‘‘(I) The annual report on financial intelligence 
on terrorist assets required by section 118. 
‘‘(J) The annual report on foreign language 
proficiency in the intelligence community required by 
section 510. 
‘‘(K) The annual report on outside employment 
required by section 102A(s)(2).’’; 
(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 commu-
nity. 
‘‘Sec. 511. Government Accountability Office analyses, evaluations, and inves-
tigations. 
‘‘Sec. 512. Certification of compliance with oversight requirements.’’. 
Subtitle E—Other Matters 
SEC. 361. MODIFICATION OF AVAILABILITY OF FUNDS FOR 
DIFFERENT INTELLIGENCE ACTIVITIES. 
Subparagraph (B) of section 504(a)(3) of the Na-
tional 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 activ-
ity supports an emergent need, improves pro-
gram effectiveness, or increases efficiency; 
and’’. 
SEC. 362. PROTECTION OF CERTAIN NATIONAL SECURITY 
INFORMATION. 
(a) INCREASE IN PENALTIES FOR DISCLOSURE OF 
UNDERCOVER INTELLIGENCE OFFICERS AND AGENTS.— 
(1) DISCLOSURE AFTER ACCESS TO INFORMA-
TION IDENTIFYING AGENT.—Subsection (a) of sec-
tion 601 of the National Security Act of 1947 (50 
U.S.C. 421) is amended by striking ‘‘ten years’’ and 
inserting ‘‘15 years’’.
100 
(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 PRO-
TECTION OF INTELLIGENCE IDENTITIES.—The first sen-
tence of section 603(a) of the National Security Act of 
1947 (50 U.S.C. 423(a)) is amended by inserting ‘‘includ-
ing an assessment of the need for any modification of this 
title for the purpose of improving legal protections for cov-
ert 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 paragraph (3) if the head of such element certifies in 
writing to the Secretary of State that the publication of 
such information could adversely affect United States in-
telligence sources or methods.
101 
‘‘(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 Intel-
ligence who shall keep a record of such information. 
‘‘(C) In this paragraph, the term ‘intelligence com-
munity’ has the meaning given the term in section 3(4) 
of the National Security Act of 1947 (50 U.S.C. 
401a(4)).’’. 
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 INFORMA-
TION ACT.—(1) Terrorist identity information dissemi-
nated for terrorist screening purposes or other authorized 
counterterrorism purposes shall be exempt from disclosure 
under section 552 of title 5, United States Code. 
‘‘(2) In this section: 
‘‘(A) AUTHORIZED
COUNTERTERRORISM
PUR-
POSE.—The term ‘authorized counterterrorism pur-
pose’ means disclosure to and appropriate use by an 
element of the Federal Government of terrorist iden-
102 
tifiers of persons reasonably suspected to be terror-
ists 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 
determined to be within the networks of con-
tacts and support of a known or suspected ter-
rorist; and 
‘‘(ii) information related to a determina-
tion as to whether or not an individual is or 
should be included in the Terrorist Screening 
Database or other screening databases based on 
a determination that the individual is a known 
or suspected 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;
103 
‘‘(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. 
‘‘(D) TERRORIST
SCREENING
PURPOSE.—The 
term ‘terrorist screening purpose’ means— 
‘‘(i) the collection, analysis, dissemination, 
and use of terrorist identity information to de-
termine threats to the national security of the 
United States from a terrorist or terrorism; and 
‘‘(ii) the use of such information for risk 
assessment, inspection, and credentialing.’’. 
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 
National 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
104 
of National Intelligence or a designee of the Director, 
knowingly use the words ‘intelligence community’, the ini-
tials ‘IC’, the seal of the intelligence community, or any 
colorable imitation of such words, initials, or seal in con-
nection with any merchandise, impersonation, solicitation, 
or commercial activity in a manner reasonably calculated 
to convey the impression that such use is approved, en-
dorsed, or authorized by the Director of National Intel-
ligence, except that employees of the intelligence commu-
nity may use the intelligence community name, initials, 
and seal in accordance with regulations promulgated by 
the Director of National Intelligence. 
‘‘(b) INJUNCTION.—Whenever it appears to the At-
torney General that any person is engaged or is about to 
engage 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.’’.
105 
(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 National Intelligence or a designee of the Director, 
knowingly use the words ‘Office of the Director of Na-
tional Intelligence’, the initials ‘ODNI’, the seal of the Of-
fice of the Director of National Intelligence, or any 
colorable imitation of such words, initials, or seal in con-
nection with any merchandise, impersonation, solicitation, 
or commercial activity in a manner reasonably calculated 
to convey the impression that such use is approved, en-
dorsed, or authorized by the Director of National Intel-
ligence. 
‘‘(b) INJUNCTION.—Whenever it appears to the At-
torney General that any person is engaged or is about to 
engage 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
106 
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 con-
tents 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, 
initials, or seal.’’. 
SEC. 366. SECURITY CLEARANCES: REPORTS; OMBUDSMAN; 
RECIPROCITY. 
(a) REPORTS
RELATING
TO
SECURITY
CLEAR-
ANCES.— 
(1) QUADRENNIAL
AUDIT; SECURITY
CLEAR-
ANCE 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 fur-
ther amended by adding at the end the fol-
lowing new section: 
‘‘REPORTS ON SECURITY CLEARANCES 
‘‘SEC. 513. (a) QUADRENNIAL AUDIT OF POSITION 
REQUIREMENTS.—(1) The President shall every 4 years
107 
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 DETER-
MINATIONS.—(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 security clearance level— 
‘‘(A) the number of Federal Government em-
ployees 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 
‘‘(ii) were approved for a security clearance 
at such level during the preceding fiscal year; 
and
108 
‘‘(C) for each element of the intelligence com-
munity— 
‘‘(i) the amount of time it took to process 
the fastest 80 percent of security clearance de-
terminations for such level; 
‘‘(ii) the amount of time it took to process 
the fastest 90 percent of security clearance de-
terminations for such level; 
‘‘(iii) the number of open security clear-
ance investigations for such level that have re-
mained 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 dur-
ing the preceding fiscal year that resulted in in-
complete information; 
‘‘(vi) the percentage of investigations dur-
ing the preceding fiscal year that did not result
109 
in enough information to make a decision on 
potentially adverse information; and 
‘‘(vii) for security clearance determinations 
completed or ongoing during the preceding fis-
cal year that have taken longer than 1 year to 
complete— 
‘‘(I) the number of security clearance 
determinations for positions as employees 
of the Federal Government that required 
more than 1 year to complete; 
‘‘(II) the number of security clearance 
determinations for contractors that re-
quired more than 1 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 se-
cret or higher as one security clearance level.’’. 
(B) INITIAL AUDIT.—The first audit re-
quired to be conducted under section 513(a)(1)
110 
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 investiga-
tions 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 
(E) the feasibility, counterintelligence risk, 
and cost effectiveness of—
111 
(i) by not later than January 1, 2012, 
requiring the investigation and adjudica-
tion of security clearances to be conducted 
by not more than two Federal agencies; 
and 
(ii) by not later than January 1, 
2015, requiring the investigation and adju-
dication of security clearances to be con-
ducted by not more than one Federal agen-
cy. 
(b) OMBUDSMAN
FOR INTELLIGENCE COMMUNITY 
SECURITY CLEARANCES.— 
(1) IN GENERAL.—Title I of the National Secu-
rity Act of 1947 (50 U.S.C. 402 et seq.), as amend-
ed by section 303 of this Act, is further amended by 
inserting after section 103G the following new sec-
tion: 
‘‘OMBUDSMAN FOR INTELLIGENCE COMMUNITY SECURITY 
CLEARANCES 
‘‘SEC. 103H. (a) APPOINTMENT.—The Director of 
National Intelligence shall appoint an ombudsman for in-
telligence community security clearances. 
‘‘(b) PROVISION OF INFORMATION.—The head of an 
element of the intelligence community shall provide a per-
son applying for a security clearance through or in coordi-
112 
nation with such element with contact information for the 
ombudsman appointed under subsection (a). 
‘‘(c) REPORT.—Not later than November 1 of each 
year, the ombudsman appointed under subsection (a) shall 
submit to the congressional intelligence committees a re-
port containing— 
‘‘(1) the number of persons applying for a secu-
rity clearance who have contacted the ombudsman 
during the preceding 12 months; and 
‘‘(2) a summary of the concerns, complaints, 
and questions received by the ombudsman from per-
sons applying for security clearances.’’. 
(2) APPOINTMENT DATE.—The Director of Na-
tional Intelligence shall appoint an ombudsman for 
intelligence community security clearances under 
section 103H(a) of the National Security Act of 
1947, as added by paragraph (1), not later than 120 
days after the date of the enactment of this Act. 
(3) CONFORMING AMENDMENT.—The table of 
contents in the first section of such Act (50 U.S.C. 
401 note), as amended by subsection (a)(1)(C) of 
this section, is further amended by inserting after 
the item relating to section 103G the following new 
item: 
‘‘Sec. 103H. Ombudsman for intelligence community security clearances.’’. 
(c) SECURITY CLEARANCE RECIPROCITY.—
113 
(1) AUDIT.—The Inspector General of the In-
telligence Community shall conduct an audit of the 
reciprocity of security clearances in the intelligence 
community. 
(2) REPORT.—Not later than 120 days after 
the date of the enactment of this Act, the Inspector 
General of the Intelligence Community shall submit 
to the congressional intelligence committees a report 
containing the results of the audit conducted under 
paragraph (1). Such report shall include an assess-
ment of the time required to obtain a reciprocal se-
curity clearance for— 
(A) an employee of an element of the intel-
ligence community detailed to another element 
of the intelligence community; 
(B) an employee of an element of the intel-
ligence community seeking permanent employ-
ment with another element of the intelligence 
community; and 
(C) a contractor seeking permanent em-
ployment with an element of the intelligence 
community. 
(d) EDUCATION ON COMBAT-RELATED INJURIES.— 
Section 3001 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (50 U.S.C. 435b) is amended—
114 
(1) by redesignating subsection (i) as subsection 
(j); and 
(2) by inserting after subsection (h) the fol-
lowing new subsection: 
‘‘(i) EDUCATION ON COMBAT-RELATED INJURIES.— 
‘‘(1) IN GENERAL.—The head of the entity se-
lected pursuant to subsection (b) shall take such ac-
tions as such head considers necessary to educate 
each authorized adjudicative agency that is an ele-
ment of the intelligence community on the nature of 
combat-related injuries as they relate to determina-
tions of eligibility for access to classified information 
for veterans who were deployed in support of a con-
tingency operation. 
‘‘(2) DEFINITIONS.—In this subsection: 
‘‘(A) 
CONTINGENCY
OPERATION.—The 
term ‘contingency operation’ has the meaning 
given the term in section 101(a)(13) of title 10, 
United States Code. 
‘‘(B) INTELLIGENCE
COMMUNITY.—The 
term ‘intelligence community’ has the meaning 
given the term in section 3(4) of the National 
Security Act of 1947 (50 U.S.C. 401a(4)).
115 
‘‘(C) VETERAN.—The term ‘veteran’ has 
the meaning given the term in section 101(2) of 
title 38, United States Code.’’. 
SEC. 367. LIMITATION ON USE OF FUNDS FOR THE TRANS-
FER OR RELEASE OF INDIVIDUALS DETAINED 
AT UNITED STATES NAVAL STATION, GUAN-
TANAMO BAY, CUBA. 
(a) IN GENERAL.—The Director of National Intel-
ligence may not use any of the amounts authorized to be 
appropriated in this Act for fiscal year 2010 or any subse-
quent fiscal year to release or transfer any individual de-
scribed in subsection (d) to the United States, its terri-
tories, or possessions, until 120 days after the President 
has submitted to Congress the plan described in sub-
section (b). 
(b) PLAN REQUIRED.—The President shall submit to 
Congress a plan on the disposition of each individual de-
scribed in subsection (d). Such plan shall include— 
(1) an assessment of the risk that the indi-
vidual described in subsection (d) poses to the na-
tional security of the United States, its territories, 
or possessions; 
(2) a proposal for the disposition for each such 
individual;
116 
(3) a plan to mitigate any risks described in 
paragraph (1) should the proposed disposition re-
quired by paragraph (2) include the release or trans-
fer to the United States, its territories, or posses-
sions of any such individual; and 
(4) a summary of the consultation required in 
subsection (c). 
(c) CONSULTATION REQUIRED.—The President shall 
consult with the chief executive of the State, the District 
of Columbia, or the territory or possession of the United 
States to which the disposition in subsection (b) includes 
a release or transfer to that State, District of Columbia, 
or territory or possession. 
(d) DETAINEES
DESCRIBED.—An individual de-
scribed in this subsection is any individual who is located 
at United States Naval Station, Guantanamo Bay, Cuba, 
as of the date of the enactment of this Act, who— 
(1) is not a citizen of the United States; and 
(2) is— 
(A) in the custody or under the effective 
control of the Department of Defense; or 
(B) otherwise under detention at United 
States Naval Station, Guantanamo Bay, Cuba.
117 
SEC. 368. INTELLIGENCE COMMUNITY FINANCIAL IM-
PROVEMENT AND AUDIT READINESS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) it is imperative that intelligence community- 
wide auditability be achieved as soon as possible; 
(2) the Business Transformation Office of the 
Office of the Director of National Intelligence has 
made substantial progress and must be of sufficient 
standing within the Office of the Director of Na-
tional Intelligence to move the plan for core financial 
system requirements to reach intelligence commu-
nity-wide auditability forward; 
(3) as of the date of the enactment of this Act, 
the National Reconnaissance Office is the only ele-
ment of the intelligence community to have received 
a clean audit; and 
(4) the National Reconnaissance Office should 
be commended for the long hours and hard work in-
vested by the Office to achieve a clean audit. 
(b) REVIEW; PLAN.—Not later than 180 days after 
the date of the enactment of this Act, the Director of Na-
tional Intelligence shall— 
(1) conduct a review of the status of the 
auditability compliance of each element of the intel-
ligence community; and
118 
(2) develop a plan and timeline to achieve a 
full, unqualified audit of each element of the intel-
ligence community not later than September 30, 
2013. 
SEC. 369. SENSE OF CONGRESS ON MONITORING OF 
NORTHERN BORDER OF THE UNITED STATES. 
(a) FINDING.—Congress finds that suspected terror-
ists have attempted to enter the United States through 
the international land and maritime border of the United 
States and Canada. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the intelligence community should devote 
sufficient resources, including technological and 
human resources, to identifying and thwarting po-
tential threats at the international land and mari-
time border of the United States and Canada; and 
(2) the intelligence community should work 
closely with the Government of Canada to identify 
and apprehend suspected terrorists before such ter-
rorists enter the United States.
119 
TITLE IV—MATTERS RELATING 
TO ELEMENTS OF THE INTEL-
LIGENCE COMMUNITY 
Subtitle A—Office of the Director 
of National Intelligence 
SEC. 401. CLARIFICATION OF LIMITATION ON COLOCATION 
OF THE OFFICE OF THE DIRECTOR OF NA-
TIONAL INTELLIGENCE. 
Section 103 of the National Security Act of 1947 (50 
U.S.C. 403–3), as amended by section 302(1) of this Act, 
is further amended— 
(1) in subsection (f) (as so redesignated)— 
(A) in the heading, by striking ‘‘WITH’’ 
and inserting ‘‘OF
HEADQUARTERS
WITH 
HEADQUARTERS OF’’; 
(B) by striking ‘‘Commencing as of Octo-
ber 1, 2008, the’’ and inserting ‘‘(1) Except as 
provided in paragraph (2), the’’; 
(C) in paragraph (1), as designated by 
paragraph (2) of this section, by inserting ‘‘the 
headquarters of’’ before ‘‘the Office’’; 
(D) in paragraph (1) (as so designated), 
by striking ‘‘any other element’’ and inserting 
‘‘the headquarters of any other element’’; and
120 
(E) by adding at the end the following new 
paragraph: 
‘‘(2) The President may waive the limitation in para-
graph (1) if the President determines that— 
‘‘(A) a waiver is in the interests of national se-
curity; or 
‘‘(B) the costs of a headquarters of the Office 
of the Director of National Intelligence that is sepa-
rate from the headquarters of the other elements of 
the intelligence community outweighs the potential 
benefits of the separation.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(g) LOCATION OF THE OFFICE OF THE DIRECTOR 
OF NATIONAL INTELLIGENCE.—The headquarters of the 
Office of the Director of National Intelligence may be lo-
cated in the Washington metropolitan region (as defined 
in section 8301 of title 40, United States Code).’’. 
SEC. 402. MEMBERSHIP OF THE DIRECTOR OF NATIONAL 
INTELLIGENCE ON THE TRANSPORTATION 
SECURITY OVERSIGHT BOARD. 
Subparagraph (F) of section 115(b)(1) of title 49, 
United States Code, is amended to read as follows: 
‘‘(F) The Director of National Intelligence, 
or the Director’s designee.’’.
121 
SEC. 403. ADDITIONAL DUTIES OF THE DIRECTOR OF 
SCIENCE AND TECHNOLOGY. 
Section 103E of the National Security Act of 1947 
(50 U.S.C. 403–3e) is amended— 
(1) in subsection (c)— 
(A) by redesignating paragraph (5) as 
paragraph (7); 
(B) in paragraph (4), by striking ‘‘; and’’ 
and inserting ‘‘;’’; and 
(C) by inserting after paragraph (4) the 
following new paragraphs: 
‘‘(5) assist the Director of National Intelligence 
in establishing goals for basic, applied, and advanced 
research to meet the technology needs of the intel-
ligence community; 
‘‘(6) submit to the congressional intelligence 
committees an annual report on the science and 
technology strategy of the Director that shows re-
sources mapped to the goals of the intelligence com-
munity; and’’; and 
(2) in subsection (d)(3)— 
(A) in subparagraph (A)— 
(i) by inserting ‘‘and prioritize’’ after 
‘‘coordinate’’; and 
(ii) by striking ‘‘; and’’ and inserting 
‘‘;’’;
122 
(B) by redesignating subparagraph (B) as 
subparagraph (C); and 
(C) by inserting after subparagraph (A) 
the following new subparagraph: 
‘‘(B) identify basic, advanced, and applied 
research programs to be executed by elements 
of the intelligence community; and’’. 
SEC. 404. PLAN TO IMPLEMENT RECOMMENDATIONS OF 
THE DATA CENTER ENERGY EFFICIENCY RE-
PORTS. 
(a) PLAN.—The Director of National Intelligence 
shall develop a plan to implement the recommendations 
of the report submitted to Congress under section 1 of 
the Act entitled ‘‘An Act to study and promote the use 
of energy efficient computer servers in the United States’’ 
(Public Law 109–431; 120 Stat. 2920) across the intel-
ligence community. 
(b) REPORT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Di-
rector of National Intelligence shall submit to the 
congressional intelligence committees a report con-
taining the plan developed under subsection (a).
123 
(2) FORM.—The report under paragraph (1) 
shall be submitted in unclassified form, but may 
contain a classified annex. 
SEC. 405. TITLE OF CHIEF INFORMATION OFFICER OF THE 
INTELLIGENCE COMMUNITY. 
Section 103G of the National Security Act of 1947 
(50 U.S.C. 403–3g) is amended— 
(1) in subsection (a), by inserting ‘‘of the Intel-
ligence Community’’ after ‘‘Chief Information Offi-
cer’’; 
(2) in subsection (b), by inserting ‘‘of the Intel-
ligence Community’’ after ‘‘Chief Information Offi-
cer’’; 
(3) in subsection (c) in the matter preceding 
paragraph (1), by inserting ‘‘of the Intelligence 
Community’’ after ‘‘Chief Information Officer’’; and 
(4) in subsection (d), by inserting ‘‘of the Intel-
ligence Community’’ after ‘‘Chief Information Offi-
cer’’. 
SEC. 406. INSPECTOR GENERAL OF THE INTELLIGENCE 
COMMUNITY. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—Title I of the National Secu-
rity Act of 1947 (50 U.S.C. 402 et seq.), as amend-
ed by section 366 of this Act, is further amended by
124 
inserting after section 103H (as added by such sec-
tion 366) the following new section: 
‘‘INSPECTOR GENERAL OF THE INTELLIGENCE 
COMMUNITY 
‘‘SEC. 103I. (a) OFFICE OF INSPECTOR GENERAL OF 
INTELLIGENCE COMMUNITY.—There is within the Office 
of the Director of National Intelligence an Office of the 
Inspector General of the Intelligence Community. 
‘‘(b) PURPOSE.—The purpose of the Office of the In-
spector General of the Intelligence Community is to— 
‘‘(1) be an independent and objective office ap-
propriately accountable to Congress and to initiate 
and conduct investigations, inspections, and audits 
on matters within the responsibility and authority of 
the Director of National Intelligence; 
‘‘(2) recommend policies designed— 
‘‘(A) to promote economy, efficiency, and 
effectiveness in the administration and imple-
mentation of matters within the responsibility 
and authority of the Director of National Intel-
ligence; and 
‘‘(B) to prevent and detect fraud and 
abuse in such matters; 
‘‘(3) provide a means for keeping the Director 
of National Intelligence fully and currently informed 
about—
125 
‘‘(A) problems and deficiencies relating to 
matters within the responsibility and authority 
of the Director of National Intelligence; and 
‘‘(B) the necessity for, and the progress of, 
corrective actions; and 
‘‘(4) in the manner prescribed by this section, 
ensure that the congressional intelligence committees 
are kept informed of— 
‘‘(A) significant problems and deficiencies 
relating to matters within the responsibility and 
authority of the Director of National Intel-
ligence; and 
‘‘(B) the necessity for, and the progress of, 
corrective actions. 
‘‘(c) INSPECTOR GENERAL OF INTELLIGENCE COM-
MUNITY.—(1) There is an Inspector General of the Intel-
ligence Community, who shall be the head of the Office 
of the Inspector General of the Intelligence Community, 
who shall be appointed by the President, by and with the 
advice and consent of the Senate. 
‘‘(2) The nomination of an individual for appointment 
as Inspector General shall be made— 
‘‘(A) without regard to political affiliation; 
‘‘(B) on the basis of integrity, compliance with 
the security standards of the intelligence community,
126 
and prior experience in the field of intelligence or 
national security; 
‘‘(C) on the basis of demonstrated ability in ac-
counting, financial analysis, law, management anal-
ysis, public administration, or auditing; and 
‘‘(D) on the basis of expertise in investigations. 
‘‘(3) The Inspector General shall report directly to 
the Director of National Intelligence. 
‘‘(4) The Inspector General may be removed from of-
fice only by the President. The President shall commu-
nicate in writing to the congressional intelligence commit-
tees the reasons for the removal of any individual from 
the position of Inspector General not later than 30 days 
before the date on which the Inspector General is removed 
from office. Nothing in this paragraph shall prohibit a per-
sonnel action with respect to the Inspector General other-
wise authorized by law, other than transfer or removal. 
‘‘(d) DUTIES
AND RESPONSIBILITIES.—Subject to 
subsections (g) and (h), the Inspector General of the Intel-
ligence Community shall— 
‘‘(1) provide policy direction for, and plan, con-
duct, supervise, and coordinate independently, the 
investigations, inspections, and audits relating to 
matters within the responsibility and authority of 
the Director of National Intelligence to ensure they
127 
are conducted efficiently and in accordance with ap-
plicable law and regulations; 
‘‘(2) keep the Director of National Intelligence 
and Congress fully and currently informed con-
cerning violations of law and regulations, violations 
of civil liberties and privacy, fraud and other serious 
problems, abuses, and deficiencies that may occur in 
matters within the responsibility and authority of 
the Director, and report the progress made in imple-
menting corrective action; 
‘‘(3) take due regard for the protection of intel-
ligence sources and methods in the preparation of all 
reports issued by the Inspector General, and, to the 
extent consistent with the purpose and objective of 
such reports, take such measures as may be appro-
priate to minimize the disclosure of intelligence 
sources and methods described in such reports; and 
‘‘(4) in the execution of the duties and respon-
sibilities under this section, comply with generally 
accepted Federal Government auditing standards. 
‘‘(e) LIMITATIONS ON ACTIVITIES.—(1)(A) Subject 
to subparagraph (B), the Director of National Intelligence 
may prohibit the Inspector General of the Intelligence 
Community from initiating, carrying out, or completing 
any investigation, inspection, or audit if the Director de-
128 
termines that such prohibition is necessary to protect vital 
national security interests of the United States. 
‘‘(B) The Director of National Intelligence may not 
prohibit an investigation, inspection, or audit under sub-
paragraph (A) solely on the basis of the level of classifica-
tion or compartmentation of information that the Inspec-
tor General may seek access to while conducting such in-
vestigation, inspection, or audit. 
‘‘(2) If the Director exercises the authority under 
paragraph (1), the Director shall submit to the congres-
sional intelligence committees an appropriately classified 
statement of the reasons for the exercise of such authority 
within 7 days. 
‘‘(3) The Director shall notify the Inspector General 
at the time a report under paragraph (2) is submitted, 
and, to the extent consistent with the protection of intel-
ligence sources and methods, provide the Inspector Gen-
eral with a copy of such report. 
‘‘(4) The Inspector General shall submit to the con-
gressional intelligence committees any comments on a re-
port of which the Inspector General has notice under para-
graph (3) that the Inspector General considers appro-
priate. 
‘‘(f) AUTHORITIES.—(1) The Inspector General of 
the Intelligence Community shall have direct and prompt
129 
access to the Director of National Intelligence when nec-
essary for any purpose pertaining to the performance of 
the duties of the Inspector General. 
‘‘(2)(A) The Inspector General shall have access to 
any employee, or any employee of a contractor, of any ele-
ment of the intelligence community whose testimony is 
needed for the performance of the duties of the Inspector 
General. 
‘‘(B) The Inspector General shall have direct access 
to all records, reports, audits, reviews, documents, papers, 
recommendations, or other material which relate to the 
programs and operations with respect to which the Inspec-
tor General has responsibilities under this section. 
‘‘(C) The Director or, on the recommendation of the 
Director, another appropriate official of the intelligence 
community, shall take appropriate administrative action 
against an employee, or employee of a contractor, of an 
element of the intelligence community that fails to cooper-
ate with the Inspector General. Such administrative action 
may include loss of employment or termination of an exist-
ing contractual relationship. 
‘‘(3) The Inspector General shall, in accordance with 
subsection (g), receive and investigate complaints or infor-
mation from any person concerning the existence of an 
activity within the authorities and responsibilities of the
130 
Director of National Intelligence constituting a violation 
of laws, rules, or regulations, or mismanagement, gross 
waste of funds, abuse of authority, or a substantial and 
specific danger to the public health and safety. Once such 
complaint or information has been received from an em-
ployee of the Federal Government— 
‘‘(A) the Inspector General shall not disclose 
the identity of the employee without the consent of 
the employee, unless the Inspector General deter-
mines that such disclosure is unavoidable during the 
course of the investigation or the disclosure is made 
to an official of the Department of Justice respon-
sible for determining whether a prosecution should 
be undertaken; and 
‘‘(B) no action constituting a reprisal, or threat 
of reprisal, for making such complaint may be taken 
by any employee, unless the complaint was made or 
the information was disclosed with the knowledge 
that it was false or with willful disregard for its 
truth or falsity. 
‘‘(4) The Inspector General shall administer to or 
take from any person an oath, affirmation, or affidavit, 
whenever necessary in the performance of the duties of 
the Inspector General, which oath, affirmation, or affi-
davit when administered or taken by or before an em-
131 
ployee of the Office of the Inspector General of the Intel-
ligence Community designated by the Inspector General 
shall have the same force and effect as if administered 
or taken by, or before, an officer having a seal. 
‘‘(5)(A) Except as provided in subparagraph (B), the 
Inspector General may require by subpoena the production 
of all information, documents, reports, answers, records, 
accounts, papers, and other data and documentary evi-
dence necessary in the performance of the duties and re-
sponsibilities of the Inspector General. 
‘‘(B) In the case of departments, agencies, and other 
elements of the United States Government, the Inspector 
General shall obtain information, documents, reports, an-
swers, records, accounts, papers, and other data and evi-
dence for the purpose specified in subparagraph (A) using 
procedures other than by subpoenas. 
‘‘(C) The Inspector General may not issue a subpoena 
for, or on behalf of, any element of the intelligence com-
munity, including the Office of the Director of National 
Intelligence. 
‘‘(D) In the case of contumacy or refusal to obey a 
subpoena issued under this paragraph, the subpoena shall 
be enforceable by order of any appropriate district court 
of the United States.
132 
‘‘(6) The Inspector General may obtain services as 
authorized under section 3109 of title 5, United States 
Code, at rates for individuals not to exceed the daily equiv-
alent of the maximum annual rate of basic pay payable 
for grade GS–15 of the General Schedule under section 
5332 of title 5, United States Code. 
‘‘(7) The Inspector may, to the extent and in such 
amounts as may be provided in advance by appropriations 
Acts, enter into contracts and other arrangements for au-
dits, studies, analyses, and other services with public agen-
cies and with private persons, and to make such payments 
as may be necessary to carry out the provisions of this 
section. 
‘‘(g) COORDINATION AMONG THE INSPECTORS GEN-
ERAL OF THE INTELLIGENCE COMMUNITY.—(1)(A) If a 
matter within the jurisdiction of the Inspector General of 
the Intelligence Community that may be subject to an in-
vestigation, inspection, review, or audit by both the In-
spector General of the Intelligence Community and an in-
spector general with oversight responsibility for an ele-
ment of the intelligence community, the Inspector General 
of the Intelligence Community and such other inspector 
general shall expeditiously resolve the question of which 
inspector general shall conduct such investigation, inspec-
133 
tion, review, or audit to avoid unnecessary duplication of 
the activities of the inspectors general. 
‘‘(B) In attempting to resolve a question under sub-
paragraph (A), the inspectors general concerned may re-
quest the assistance of the Intelligence Community Inspec-
tors General Forum established under subparagraph (C). 
If a dispute between an inspector general within an agency 
or department of the United States Government and the 
Inspector General of the Intelligence Community has not 
been resolved with the assistance of the Forum, the in-
spectors general shall submit the question to the Director 
of National Intelligence and the head of the affected agen-
cy or department for resolution. 
‘‘(C) There is established the Intelligence Community 
Inspectors General Forum which shall consist of all statu-
tory or administrative inspectors general with oversight re-
sponsibility for an element of the intelligence community. 
The Inspector General of the Intelligence Community shall 
serve as the chair of the Forum. The Forum shall have 
no administrative authority over any inspector general, 
but shall serve as a mechanism for informing its members 
of the work of individual members of the Forum that may 
be of common interest and discussing questions about ju-
risdiction or access to employees, employees of a con-
tractor, records, audits, reviews, documents, recommenda-
134 
tions, or other materials that may involve or be of assist-
ance to more than one of its members. 
‘‘(2) The inspector general conducting an investiga-
tion, inspection, review, or audit referred to in paragraph 
(1) shall submit the results of such investigation, inspec-
tion, review, or audit to any other inspector general, in-
cluding the Inspector General of the Intelligence Commu-
nity, with jurisdiction to conduct such investigation, in-
spection, review, or audit who did not conduct such inves-
tigation, inspection, review, or audit. 
‘‘(h) STAFF AND OTHER SUPPORT.—(1) The Direc-
tor of National Intelligence shall provide the Inspector 
General of the Intelligence Community with appropriate 
and adequate office space at central and field office loca-
tions and with such equipment, office supplies, mainte-
nance services, and communications facilities and services 
as may be necessary for the operation of such offices. 
‘‘(2)(A) The Inspector General shall select, appoint, 
and employ such officers and employees as may be nec-
essary to carry out the functions, powers, and duties of 
the Inspector General. The Inspector General shall ensure 
that any officer or employee selected, appointed, or em-
ployed has a security clearance appropriate for the as-
signed duties of such officer or employee.
135 
‘‘(B) In making selections under subparagraph (A), 
the Inspector General shall ensure that such officers and 
employees have the requisite training and experience to 
enable the Inspector General to carry out the duties of 
the Inspector General effectively. 
‘‘(C) In meeting the requirements of this paragraph, 
the Inspector General shall recommend policies to the Di-
rector of National Intelligence to create within the intel-
ligence community a career cadre of sufficient size to pro-
vide appropriate continuity and objectivity needed for the 
effective performance of the duties of the Inspector Gen-
eral. 
‘‘(3)(A) The Inspector General may, in consultation 
with the Director, request such information or assistance 
as may be necessary for carrying out the duties and re-
sponsibilities of the Inspector General from any depart-
ment, agency, or other element of the United States Gov-
ernment. 
‘‘(B) Upon request of the Inspector General for infor-
mation or assistance under subparagraph (A), the head 
of the department, agency, or element concerned shall fur-
nish to the Inspector General, or to an authorized des-
ignee, such information or assistance. 
‘‘(C) The Inspector General of the Intelligence Com-
munity may, upon reasonable notice to the head of any
136 
element of the intelligence community and in coordination 
with the inspector general of that element pursuant to 
subsection (g), conduct an inspection, review, or audit of 
such element and may enter into any place occupied by 
such element for purposes of the performance of the duties 
of the Inspector General. 
‘‘(i) REPORTS.—(1)(A) Not later than January 31 
and July 31 of each year, the Inspector General of the 
Intelligence Community shall prepare and submit to the 
Director of National Intelligence a report summarizing the 
activities of the Office of the Inspector General of the In-
telligence Community during the preceding six-month pe-
riod. The Inspector General of the Intelligence Community 
shall provide any portion of the report involving a compo-
nent of a department of the United States Government 
to the head of that department simultaneously with sub-
mission of the report to the Director of National Intel-
ligence. 
‘‘(B) Each report under this paragraph shall include 
the following: 
‘‘(i) A list of the titles or subjects of each inves-
tigation, inspection, review, or audit conducted dur-
ing the period covered by such report, including a 
summary of the progress of each particular inves-
137 
tigation, inspection, or audit since the preceding re-
port of the Inspector General under this paragraph. 
‘‘(ii) A description of significant problems, 
abuses, and deficiencies relating to the administra-
tion and implementation of programs and operations 
of the intelligence community, and in the relation-
ships between elements of the intelligence commu-
nity, identified by the Inspector General during the 
period covered by such report. 
‘‘(iii) A description of the recommendations for 
disciplinary action made by the Inspector General 
during the period covered by such report with re-
spect to significant problems, abuses, or deficiencies 
described in clause (ii). 
‘‘(iv) A statement of whether or not corrective 
or disciplinary action has been completed on each 
significant recommendation described in previous 
semiannual reports, and, in a case where corrective 
action has been completed, a description of such cor-
rective action. 
‘‘(v) A certification of whether or not the In-
spector General has had full and direct access to all 
information relevant to the performance of the func-
tions of the Inspector General.
138 
‘‘(vi) A description of the exercise of the sub-
poena authority under subsection (f)(5) by the In-
spector General during the period covered by such 
report. 
‘‘(vii) Any recommendations that the Inspector 
General considers appropriate for legislation to pro-
mote economy, efficiency, and effectiveness in the 
administration and implementation of matters within 
the responsibility and authority of the Director of 
National Intelligence, and to detect and eliminate 
fraud and abuse in such matters. 
‘‘(C) Not later than 30 days after the date of receipt 
of a report under subparagraph (A), the Director shall 
submit the report to the congressional intelligence commit-
tees together with any comments the Director considers 
appropriate. 
‘‘(D) Each report submitted under subparagraphs 
(A) and (C) shall be submitted in unclassified form, but 
may include a classified annex. 
‘‘(2)(A) The Inspector General shall report imme-
diately to the Director whenever the Inspector General be-
comes aware of particularly serious or flagrant problems, 
abuses, or deficiencies relating to matters within the re-
sponsibility and authority of the Director of National In-
telligence.
139 
‘‘(B) The Director shall submit to the congressional 
intelligence committees each report under subparagraph 
(A) within 7 days of the receipt of such report, together 
with such comments as the Director considers appropriate. 
The Director shall submit to the committees of the Senate 
and of the House of Representatives with jurisdiction over 
a department of the United States Government any por-
tion of each report under subparagraph (A) that involves 
a problem, abuse, or deficiency related to a component of 
such department simultaneously with transmission of the 
report to the congressional intelligence committees. 
‘‘(3) The Inspector General shall immediately notify 
and submit a report to the congressional intelligence com-
mittees on an investigation, inspection, review, or audit 
if— 
‘‘(A) the Inspector General is unable to resolve 
any significant differences with the Director affect-
ing the execution of the duties or responsibilities of 
the Inspector General; 
‘‘(B) the investigation, inspection, review, or 
audit carried out by the Inspector General focuses 
on any current or former intelligence community of-
ficial who— 
‘‘(i) holds or held a position in an element 
of the intelligence community that is subject to
140 
appointment by the President, whether or not 
by and with the advice and consent of the Sen-
ate, including such a position held on an acting 
basis; 
‘‘(ii) holds or held a position in an element 
of the intelligence community, including a posi-
tion held on an acting basis, that is appointed 
by the Director of National Intelligence; or 
‘‘(iii) holds or held a position as head of an 
element of the intelligence community or a posi-
tion covered by subsection (b) or (c) of section 
106; 
‘‘(C) a matter requires a report by the Inspec-
tor General to the Department of Justice on possible 
criminal conduct by a current or former official de-
scribed in subparagraph (B); 
‘‘(D) the Inspector General receives notice from 
the Department of Justice declining or approving 
prosecution of possible criminal conduct of any cur-
rent or former official described in subparagraph 
(B); or 
‘‘(E) the Inspector General, after exhausting all 
possible alternatives, is unable to obtain significant 
documentary information in the course of such in-
vestigation, inspection, review, or audit.
141 
‘‘(4)(A) An employee of an element of the intelligence 
community, an employee assigned or detailed to an ele-
ment of the intelligence community, or an employee of a 
contractor of the intelligence community who intends to 
report to Congress a complaint or information with respect 
to an urgent concern may report such complaint or infor-
mation to the Inspector General. 
‘‘(B) Not later than the end of the 14-day period be-
ginning on the date of receipt from an employee of a com-
plaint or information under subparagraph (A), the Inspec-
tor General shall determine whether the complaint or in-
formation appears credible. Upon making such a deter-
mination, the Inspector General shall submit to the Direc-
tor a notice of that determination, together with the com-
plaint or information. 
‘‘(C) Upon receipt of a submittal from the Inspector 
General under subparagraph (B), the Director shall, not 
later than 7 days after such receipt, forward such trans-
mittal to the congressional intelligence committees, to-
gether with any comments the Director considers appro-
priate. 
‘‘(D)(i) If the Inspector General does not find cred-
ible under subparagraph (B) a complaint or information 
submitted under subparagraph (A), or does not submit the 
complaint or information to the Director in accurate form
142 
under subparagraph (B), the employee (subject to clause 
(ii)) may submit the complaint or information to Congress 
by contacting either or both of the congressional intel-
ligence committees directly. 
‘‘(ii) An employee may contact the congressional in-
telligence committees directly as described in clause (i) 
only if the employee— 
‘‘(I) before making such a contact, furnishes to 
the Director, through the Inspector General, a state-
ment of the employee’s complaint or information and 
notice of the employee’s intent to contact the con-
gressional intelligence committees directly; and 
‘‘(II) obtains and follows from the Director, 
through the Inspector General, direction on how to 
contact the intelligence committees in accordance 
with appropriate security practices. 
‘‘(iii) A member or employee of one of the congres-
sional intelligence committees who receives a complaint or 
information under clause (ii) does so in that member or 
employee’s official capacity as a member or employee of 
such committee. 
‘‘(E) The Inspector General shall notify an employee 
who reports a complaint or information to the Inspector 
General under this paragraph of each action taken under 
this paragraph with respect to the complaint or informa-
143 
tion. Such notice shall be provided not later than 3 days 
after any such action is taken. 
‘‘(F) An action taken by the Director or the Inspector 
General under this paragraph shall not be subject to judi-
cial review. 
‘‘(G) Nothing in this paragraph shall be construed 
to limit the protections afforded an employee of or con-
tractor to the Central Intelligence Agency under section 
17(e)(3) of the Central Intelligence Agency Act of 1949 
(50 U.S.C. 403q(e)(3)). 
‘‘(H) In this paragraph, the term ‘urgent concern’ 
means any of the following: 
‘‘(i) A serious or flagrant problem, abuse, viola-
tion of law or Executive order, or deficiency relating 
to the funding, administration, or operation of an in-
telligence activity involving classified information, 
but does not include differences of opinions con-
cerning public policy matters. 
‘‘(ii) A false statement to Congress, or a willful 
withholding from Congress, on an issue of material 
fact relating to the funding, administration, or oper-
ation of an intelligence activity. 
‘‘(iii) An action, including a personnel action 
described in section 2302(a)(2)(A) of title 5, United 
States Code, constituting reprisal or threat of re-
144 
prisal prohibited under subsection (f)(3)(B) of this 
section. 
‘‘(5) In accordance with section 535 of title 28, 
United States Code, the Inspector General shall report to 
the Attorney General any information, allegation, or com-
plaint received by the Inspector General relating to viola-
tions of Federal criminal law that involves a program or 
operation of an element of the intelligence community, or 
in the relationships between the elements of the intel-
ligence community, consistent with such guidelines as may 
be issued by the Attorney General pursuant to subsection 
(b)(2) of such section. A copy of each such report shall 
be furnished to the Director. 
‘‘(j) SEPARATE BUDGET ACCOUNT.—The Director of 
National Intelligence shall, in accordance with procedures 
to be issued by the Director in consultation with the con-
gressional intelligence committees, include in the National 
Intelligence Program budget a separate account for the 
Office of Inspector General of the Intelligence Community. 
‘‘(k) CONSTRUCTION OF DUTIES REGARDING ELE-
MENTS OF INTELLIGENCE COMMUNITY.—Except as re-
solved pursuant to subsection (g), the performance by the 
Inspector General of the Intelligence Community of any 
duty, responsibility, or function regarding an element of 
the intelligence community shall not be construed to mod-
145 
ify or affect the duties and responsibilities of any other 
inspector general having duties and responsibilities relat-
ing to such element.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in the first section of the National Security 
Act of 1947 (50 U.S.C. 401 note), as amended by 
section 366 of this Act, is further amended by in-
serting after the item relating to section 103H the 
following new item: 
‘‘Sec. 103I. Inspector General of the Intelligence Community.’’. 
(b) REPEAL OF SUPERSEDED AUTHORITY TO ES-
TABLISH POSITION.—Section 8K of the Inspector General 
Act of 1978 (5 U.S.C. App.) is repealed. 
(c) EXECUTIVE
SCHEDULE
LEVEL
III.—Section 
5314 of title 5, United States Code, is amended by adding 
at the end the following new item: 
‘‘Inspector General of the Intelligence Commu-
nity.’’. 
(d) APPLICABILITY DATE; TRANSITION.— 
(1) APPLICABILITY.—The amendment made by 
subsection (b) shall apply on the earlier of— 
(A) the date of the appointment by the 
President and confirmation by the Senate of an 
individual to serve as Inspector General of the 
Intelligence Community; or
146 
(B) the date of the cessation of the per-
formance of the duties of the Inspector General 
of the Intelligence Community by the individual 
serving as the Inspector General of the Office 
of the Director of National Intelligence as of 
the date of the enactment of this Act. 
(2) TRANSITION.—The individual serving as the 
Inspector General of the Office of the Director of 
National Intelligence as of the date of the enactment 
of this Act shall perform the duties of the Inspector 
General of the Intelligence Community until the in-
dividual appointed to the position of Inspector Gen-
eral of the Intelligence Community assumes the du-
ties of such position. 
SEC. 407. DIRECTOR OF NATIONAL INTELLIGENCE SUP-
PORT FOR REVIEWS OF INTERNATIONAL 
TRAFFIC IN ARMS REGULATIONS AND EX-
PORT ADMINISTRATION REGULATIONS. 
The Director of National Intelligence may provide 
support for any review conducted by a department or 
agency of the Federal Government of the International 
Traffic in Arms Regulations or Export Administration 
Regulations, including a review of technologies and goods 
on the United States Munitions List and Commerce Con-
trol List that may warrant controls that are different or
147 
additional to the controls such technologies and goods are 
subject to at the time of such review. 
Subtitle B—Central Intelligence 
Agency 
SEC. 411. REVIEW OF COVERT ACTION PROGRAMS BY IN-
SPECTOR GENERAL OF THE CENTRAL INTEL-
LIGENCE AGENCY. 
Section 17 of the Central Intelligence Agency Act of 
1949 (50 U.S.C. 403q) is amended— 
(1) in subsection (b)(4)— 
(A) by striking ‘‘(4) If’’ and inserting 
‘‘(4)(A) If’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(B) The Director may waive the requirement to sub-
mit the statement required under subparagraph (A) within 
seven days of prohibiting an audit, inspection, or inves-
tigation under paragraph (3) if such audit, inspection, or 
investigation is related to a covert action program. If the 
Director waives such requirement in accordance with this 
subparagraph, the Director shall submit the statement re-
quired under subparagraph (A) as soon as practicable, 
along with an explanation of the reasons for delaying the 
submission of such statement.’’; 
(2) in subsection (d)(1)—
148 
(A) by redesignating subparagraphs (E) 
and (F) as subsections (F) and (G), respec-
tively; and 
(B) by inserting after subparagraph (D) 
the following new subparagraph: 
‘‘(E) a list of the covert actions for which the 
Inspector General has not completed an audit within 
the preceding three-year period;’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(h) COVERT ACTION DEFINED.—In this section, the 
term ‘covert action’ has the meaning given the term in 
section 503(e) of the National Security Act of 1947 (50 
U.S.C. 413b(e)).’’. 
SEC. 412. PROHIBITION ON THE USE OF PRIVATE CONTRAC-
TORS 
FOR 
INTERROGATIONS 
INVOLVING 
PERSONS IN THE CUSTODY OF THE CENTRAL 
INTELLIGENCE AGENCY. 
The Central Intelligence Agency Act of 1949 (50 
U.S.C. 403a et seq.) is amended by adding at the end the 
following new section: 
‘‘PROHIBITION ON THE USE OF PRIVATE CONTRACTORS 
FOR INTERROGATIONS INVOLVING PERSONS IN THE 
CUSTODY OF THE CENTRAL INTELLIGENCE AGENCY 
‘‘SEC. 24. (a) PROHIBITION.—Notwithstanding any 
other provision of law, the Director of the Central Intel-
149 
ligence Agency shall not expend or obligate funds for pay-
ment to any contractor to conduct the interrogation of a 
detainee or prisoner in the custody of the Central Intel-
ligence Agency. 
‘‘(b) EXCEPTION.— 
‘‘(1) IN GENERAL.—The Director of the Central 
Intelligence Agency may request, and the Director of 
National Intelligence may grant, a written waiver of 
the requirement under subsection (a) if the Director 
of the Central Intelligence Agency determines that— 
‘‘(A) no employee of the Federal Govern-
ment is— 
‘‘(i) capable of performing such inter-
rogation; and 
‘‘(ii) available to perform such interro-
gation; and 
‘‘(B) such interrogation is in the national 
interest of the United States and requires the 
use of a contractor. 
‘‘(2) CLARIFICATION
OF
APPLICABILITY
OF 
CERTAIN LAWS.—Any contractor conducting an in-
terrogation pursuant to a waiver under paragraph 
(1) shall be subject to all laws on the conduct of in-
terrogations that would apply if an employee of the