(E) the feasibility, counterintelligence risk, 
and cost effectiveness of— 
(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 adjudica-
tion of security clearances to be conducted 
by not more than one Federal agency. 
(b) OMBUDSMAN FOR INTELLIGENCE COMMUNITY SE-
CURITY CLEARANCES.— 
(1) IN GENERAL.—Title I of the National Secu-
rity Act of 1947 (50 U.S.C. 402 et seq.), as amended 
by section 303 of this Act, is further amended by in-
serting after section 103G the following new section: 
‘‘OMBUDSMAN FOR INTELLIGENCE COMMUNITY SECURITY 
CLEARANCES 
‘‘SEC. 103H. (a) APPOINTMENT.—The Director of Na-
tional Intelligence shall appoint an ombudsman for intel-
ligence 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-
nation with such element with contact information for the 
ombudsman appointed under subsection (a). 
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‘‘(c) REPORT.—Not later than November 1 of each 
year, the ombudsman appointed under subsection (a) shall 
submit to the congressional intelligence committees a report 
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 persons 
applying for security clearances.’’. 
(2) APPOINTMENT DATE.—The Director of Na-
tional Intelligence shall appoint an ombudsman for 
intelligence community security clearances under sec-
tion 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.— 
(1) AUDIT.—The Inspector General of the Intel-
ligence Community shall conduct an audit of the reci-
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procity of security clearances in the intelligence com-
munity. 
(2) REPORT.—Not later than 120 days after the 
date of the enactment of this Act, the Inspector Gen-
eral of the Intelligence Community shall submit to the 
congressional intelligence committees a report con-
taining the results of the audit conducted under para-
graph (1). Such report shall include an assessment of 
the time required to obtain a reciprocal security 
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 employ-
ment with an element of the intelligence commu-
nity. 
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SEC. 367. LIMITATION ON USE OF FUNDS FOR THE TRANS-
FER OR RELEASE OF INDIVIDUALS DETAINED 
AT UNITED STATES NAVAL STATION, GUANTA-
NAMO 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 territories, 
or possessions, until 120 days after the President has sub-
mitted to the congressional defense committees the plan de-
scribed in subsection (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 individual 
described in subsection (d) poses to the national secu-
rity of the United States, its territories, or posses-
sions; 
(2) a proposal for the disposition for each such 
individual; 
(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 possessions 
of any such individual; and 
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(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 described 
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 the United 
States Naval Station, Guantanamo Bay, Cuba. 
SEC. 368. INTELLIGENCE COMMUNITY FINANCIAL IMPROVE-
MENT AND AUDIT READINESS. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) it is no longer excusable to allow poor busi-
ness systems, a deficiency of resources, or a lack of 
commitment from senior leadership of the intelligence 
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community to foster waste or nonaccountability to the 
United States taxpayer; 
(2) the Director of National Intelligence has not 
made compliance with financial management and 
audit readiness standards a top priority; and 
(3) the Director of National Intelligence should 
require each element of the intelligence community to 
develop and implement a specific plan to become com-
pliant with the law. 
(b) REVIEW; PLAN.—Not later than 180 days after the 
date of the enactment of this Act, the Director of National 
Intelligence shall— 
(1) conduct a review of the status of the 
auditability compliance of each element of the intel-
ligence community; and 
(2) develop a plan and timeline to achieve a full, 
unqualified audit of each element of the intelligence 
community not later than September 30, 2013. 
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(B) by redesignating subparagraph (B) as 
subparagraph (C); and 
(C) by inserting after subparagraph (A) the 
following new subparagraph: 
‘‘(B) identify basic, advanced, and applied 
research programs to be executed by elements of 
the intelligence community; and’’. 
SEC. 404. PLAN TO IMPLEMENT RECOMMENDATIONS OF 
THE DATA CENTER ENERGY EFFICIENCY RE-
PORTS. 
(a) PLAN.—The Director of National Intelligence shall 
develop a plan to implement the recommendations of the 
report submitted to Congress under section 1 of the Act enti-
tled ‘‘An Act to study and promote the use of energy effi-
cient computer servers in the United States’’ (Public Law 
109–431; 120 Stat. 2920) across the intelligence commu-
nity. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Director of 
National Intelligence shall submit to the congressional 
intelligence committees a report containing the plan 
developed under subsection (a). 
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(2) FORM.—The report under paragraph (1) 
shall be submitted in unclassified form, but may con-
tain 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 Com-
munity’’ 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 amended 
by section 366 of this Act, is further amended by in-
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serting after section 103H (as added by such section 
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 Inspec-
tor 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 ef-
fectiveness in the administration and implemen-
tation of matters within the responsibility and 
authority of the Director of National Intelligence; 
and 
‘‘(B) to prevent and detect fraud and abuse 
in such matters; 
‘‘(3) provide a means for keeping the Director of 
National Intelligence fully and currently informed 
about— 
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‘‘(A) problems and deficiencies relating to 
matters within the responsibility and authority 
of the Director of National Intelligence; and 
‘‘(B) the necessity for, and the progress of, 
corrective actions; and 
‘‘(4) in the manner prescribed by this section, 
ensure that the congressional intelligence committees 
are kept informed of— 
‘‘(A) significant problems and deficiencies 
relating to matters within the responsibility and 
authority of the Director of National Intelligence; 
and 
‘‘(B) the necessity for, and the progress of, 
corrective actions. 
‘‘(c) INSPECTOR GENERAL OF INTELLIGENCE COMMU-
NITY.—(1) There is an Inspector General of the Intelligence 
Community, who shall be the head of the Office of the In-
spector General of the Intelligence Community, who shall 
be appointed by the President, by and with the advice and 
consent of the Senate. 
‘‘(2) The nomination of an individual for appointment 
as Inspector General shall be made— 
‘‘(A) without regard to political affiliation; 
‘‘(B) on the basis of integrity, compliance with 
the security standards of the intelligence community, 
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and prior experience in the field of intelligence or na-
tional 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 office 
only by the President. The President shall communicate in 
writing to the congressional intelligence committees the rea-
sons 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. 
‘‘(d) DUTIES AND RESPONSIBILITIES.—Subject to sub-
sections (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 in-
vestigations, inspections, and audits relating to mat-
ters within the responsibility and authority of the Di-
rector of National Intelligence to ensure they are con-
ducted efficiently and in accordance with applicable 
law and regulations; 
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‘‘(2) keep the Director of National Intelligence 
and Congress fully and currently informed concerning 
violations of law and regulations, violations of civil 
liberties and privacy, fraud and other serious prob-
lems, abuses, and deficiencies that may occur in mat-
ters within the responsibility and authority of the Di-
rector, and report the progress made in implementing 
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 ac-
cepted 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 Com-
munity from initiating, carrying out, or completing any 
investigation, inspection, or audit if the Director deter-
mines that such prohibition is necessary to protect vital na-
tional security interests of the United States. 
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‘‘(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 Inspector 
General may seek access to while conducting such investiga-
tion, inspection, or audit. 
‘‘(2) If the Director exercises the authority under para-
graph (1), the Director shall submit to the congressional in-
telligence 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 intelligence 
sources and methods, provide the Inspector General with a 
copy of such report. 
‘‘(4) The Inspector General shall submit to the congres-
sional intelligence committees any comments on a report 
of which the Inspector General has notice under paragraph 
(3) that the Inspector General considers appropriate. 
‘‘(f) AUTHORITIES.—(1) The Inspector General of the 
Intelligence Community shall have direct and prompt ac-
cess to the Director of National Intelligence when necessary 
for any purpose pertaining to the performance of the duties 
of the Inspector General. 
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‘‘(2)(A) The Inspector General shall have access to any 
employee, or any employee of a contractor, of any element 
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, rec-
ommendations, or other material which relate to the pro-
grams and operations with respect to which the Inspector 
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 ele-
ment of the intelligence community that fails to cooperate 
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 ac-
tivity within the authorities and responsibilities of the Di-
rector 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 
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100 
or information has been received from an employee 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 determines 
that such disclosure is unavoidable during the course 
of the investigation or the disclosure is made to an of-
ficial of the Department of Justice responsible for de-
termining whether a prosecution should be under-
taken; 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, when-
ever necessary in the performance of the duties of the In-
spector General, which oath, affirmation, or affidavit when 
administered or taken by or before an employee of the Office 
of the Inspector General of the Intelligence Community des-
ignated by the Inspector General shall have the same force 
and effect as if administered or taken by, or before, an offi-
cer having a seal. 
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101 
‘‘(5)(A) Except as provided in subparagraph (B), the 
Inspector General may require by subpoena the production 
of all information, documents, reports, answers, records, ac-
counts, papers, and other data and documentary evidence 
necessary in the performance of the duties and responsibil-
ities 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 commu-
nity, including the Office of the Director of National Intel-
ligence. 
‘‘(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. 
‘‘(6) The Inspector General may obtain services as au-
thorized under section 3109 of title 5, United States Code, 
at rates for individuals not to exceed the daily equivalent 
of the maximum annual rate of basic pay payable for grade 
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102 
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 sec-
tion. 
‘‘(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 inves-
tigation, inspection, review, or audit by both the Inspector 
General of the Intelligence Community and an inspector 
general with oversight responsibility for an element of the 
intelligence community, the Inspector General of the Intel-
ligence Community and such other inspector general shall 
expeditiously resolve the question of which inspector general 
shall conduct such investigation, inspection, 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-
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103 
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 In-
spector General of the Intelligence Community has not been 
resolved with the assistance of the Forum, the inspectors 
general shall submit the question to the Director of National 
Intelligence and the head of the affected agency or depart-
ment 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 jurisdic-
tion or access to employees, employees of a contractor, 
records, audits, reviews, documents, recommendations, or 
other materials that may involve or be of assistance 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, inspection, 
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