Intelligence Authorization Act for Fiscal Year 2010

Bill: 111-hr-2701
Sponsor: Rep. Reyes, Silvestre [D-TX-16]
Introduced: 2009-06-04 in the House
Policy area: Armed Forces and National Security
Subjects: Afghanistan
Appropriations
Asia
Aviation and airports
Caribbean area
Central Intelligence Agency (CIA)
Coast guard
Computers and information technology
Congressional oversight
Criminal investigation, prosecution, interrogation
Cuba
Defense spending
Department of Defense
Department of Energy
Department of Homeland Security
Department of Justice
Department of State
Department of the Treasury
Detention of persons
Director of National Intelligence
Drug Enforcement Administration (DEA)
Evidence and witnesses
Executive agency funding and structure
Federal Bureau of Investigation (FBI)
Federal officials
Freedom of information
Government employee pay, benefits, personnel management
Government studies and investigations
Human rights
Intelligence activities, surveillance, classified information
International law and treaties
Iran
Iraq
Latin America
Middle East
Military facilities and property
Military operations and strategy
North Korea
Public contracts and procurement
Research and development
Solid waste and recycling
Student aid and college costs
Syria
Terrorism
Veterans' medical care

Summary:
action_date: 2009-06-04
text: 
Intelligence Authorization Act for Fiscal Year 2010 - Authorizes appropriations for FY2010 for the conduct of intelligence and intelligence-related activities of the: (1) Office of the Director of National Intelligence; (2) Central Intelligence Agency (CIA); (3) Department of Defense (DOD); (4) Defense Intelligence Agency (DIA); (5) National Security Agency (NSA); (6) Departments of the Army, Navy, and Air Force; (7) Coast Guard; (8) Departments of State, the Treasury, Energy, and Justice; (9) Federal Bureau of Investigation (FBI); (10) Drug Enforcement Administration (DEA); (11) National Reconnaissance Office; (12) National Geospatial-Intelligence Agency; and (13) Department of Homeland Security.
 
Specifies that the amounts authorized and the authorized personnel ceilings as of September 30, 2010, for such activities are those specified in the classified Schedule of Authorizations, which shall be made available to the congressional appropriations committees and the President.
 
Allows the Director of National Intelligence, with the approval of the Director of the Office of Management and Budget, to authorize employment of civilian personnel in excess of the number authorized for FY2010 when necessary for the performance of important intelligence functions. Requires notification of the intelligence committees on the use of such authority.
 
Authorizes appropriations for the Intelligence Community Management Account for FY2010, as well as for full-time personnel for elements within such Account.
 
Authorizes appropriations for FY2010 for the Central Intelligence Agency Retirement and Disability Fund.
 
Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for federal employees to be increased by such additional or supplemental amounts as necessary for increases in such compensation or benefits authorized by law.
 
Prohibits the authorization of appropriations by this Act from being deemed to constitute authority to conduct any intelligence activity not otherwise authorized by the Constitution or laws of the United States.

action_date: 2009-06-26
text: 
Intelligence Authorization Act for Fiscal Year 2010 - 
Title I: Budget and Personnel Authorizations 
- (Sec. 101) Authorizes appropriations for FY2010 for the conduct of intelligence and intelligence-related activities of the: (1) Office of the Director of National Intelligence; (2) Central Intelligence Agency (CIA); (3) Department of Defense (DOD); (4) Defense Intelligence Agency (DIA); (5) National Security Agency (NSA); (6) Departments of the Army, Navy, and Air Force; (7) Coast Guard; (8) Departments of State, the Treasury, Energy, and Justice; (9) Federal Bureau of Investigation (FBI); (10) Drug Enforcement Administration (DEA); (11) National Reconnaissance Office (NRO); (12) National Geospatial-Intelligence Agency; and (13) Department of Homeland Security.
 
(Sec. 102) Specifies that the amounts authorized and the authorized personnel ceilings as of September 30, 2010, for such activities are those specified in the classified Schedule of Authorizations, which shall be made available to the congressional appropriations committees and the President.
 
(Sec. 103) Allows the Director of National Intelligence (DNI), with the approval of the Director of the Office of Management and Budget (OMB), to authorize employment of civilian personnel in excess of the number authorized for FY2010 (by not more than 3%) when necessary for the performance of important intelligence functions. Requires notification of the intelligence committees at least 15 days prior to the exercise of such authority.
 
(Sec. 104) Authorizes appropriations for the Intelligence Community Management Account for FY2010, as well as for full-time personnel for elements within such Account.
 
(Sec. 105) Prohibits any schedule, report, or statement accompanying this Act from being construed to authorize or require the expenditure of funds for a congressional earmark.
 
(Sec. 106) Prohibits the authorization of appropriations by this Act from being deemed to constitute authority to conduct any intelligence activity not otherwise authorized by the Constitution or laws of the United States.
 

Title II: Central Intelligence Agency Retirement and Disability System 
 - (Sec. 201) Authorizes appropriations for FY2010 for the Central Intelligence Agency Retirement and Disability Fund.
 

Title III: General Intelligence Community Matters - Subtitle A: Personnel Matters 
- (Sec. 301) Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for federal employees to be increased by such additional or supplemental amounts as necessary for increases in such compensation or benefits authorized by law.
 
(Sec. 302) Amends the National Security Act of 1947 to authorize the temporary appointment of individuals to fill, in an acting capacity, vacancies in positions in the Office of the DNI (other than the DNI) whose appointments are required to be made by the President by and with the advice and consent of the Senate. Directs the DNI to recommend to the President, and the President to direct, an individual serving in another position in the intelligence community (IC) to serve temporarily in such a position.
 
(Sec. 303) Allows an officer or employee of the United States or member of the Armed Forces to be detailed to the staff of an element of the IC funded through the Community Management Account, on a reimbursable or nonreimbursable basis as jointly agreed to by the DNI and the head of the detailing IC element, for a period not to exceed two years.
 
(Sec. 304) Prohibits inclusion in the Defense Civilian Intelligence Personnel System (DCIPS) of all DOD defense intelligence position appointments (other than Intelligence Senior Level positions and positions in the Defense Intelligence Senior Executive Service) made after June 16, 2009. Requires the Secretary of Defense (Secretary) to provide for the termination of the DCIPS within 12 months after the enactment of this Act, and for the conversion of remaining DCIPS employees into the otherwise-appropriate statutory pay system. Directs the Secretary, if of the opinion that the DCIPS should not be terminated, to report to the President and Congress on the reasons therefor.
 

Subtitle B: Education 
- (Sec. 311) Requires the DNI to carry out a program, to be known as the Pat Roberts Intelligence Scholars Program, under which selected students or former students are provided or reimbursed funds for academic training in areas of specialization in which the current or future capabilities of the IC are, or are likely to be, deficient. Requires such students to commit to a period of employment with an IC element upon completion of such training. Repeals a conflicting pilot program under the Intelligence Authorization Act for Fiscal Year 2004.
 
(Sec. 312) Authorizes: (1) the DNI to carry out a grant program to enhance the recruitment and retention of an ethnically and culturally diverse IC workforce with capabilities critical to U.S. national security interests; and (2) the DNI to make such grants to institutions of higher education for the development of educational programs appropriate for such purposes. Repeals duplicative provisions under specified federal laws.
 
(Sec. 313) Amends provisions of the National Security Agency Act of 1959 relating to the Stokes Educational Scholarship Program to extend the Program to graduate students (currently, only to undergraduates) and to individuals from other elements of the IC (currently, only to the NSA).
 
(Sec. 314) Authorizes the DNI to establish a pilot program for intensive language instruction in African languages. Terminates the pilot program after five years. Authorizes appropriations.
 

Subtitle C: Congressional Oversight of Covert Actions 
- (Sec. 321) Directs the President to provide to the intelligence committees all information necessary to assess the lawfulness, effectiveness, cost, benefit, intelligence gain, budgetary authority, and risk of an intelligence activity. Requires specific procedures with respect to written reports concerning covert actions, including providing the legal authority under which a covert action is being or was conducted. Allows the President to limit access to such reports, including among intelligence committee members, after determining that extraordinary circumstances affecting vital U.S. interests warrant limiting such access. Allows for restricted briefings of intelligence committee members concerning covert actions, pursuant to written procedures established by such committees. Allows any Member of Congress to whom a covert action finding or notice has been reported to submit to the DNI an objection concerning any part of that finding or notice, and requires the DNI to report any such objection to the President, in writing, within 48 hours.
 

Subtitle D: Reports and Other Congressional Oversight 
- (Sec. 331) Revises a reporting requirement concerning financial intelligence on terrorist assets to: (1) require the report annually instead of semiannually; (2) eliminate certain required data; and (3) require the defense committees to be included as report recipients.
 
(Sec. 332) Directs the DNI to: (1) prepare an annual personnel level assessment of each IC element; and (2) submit each assessment to the intelligence committees.
 
(Sec. 333) Requires the DNI to report at least semiannually to the defense and foreign relations committees on the intentions and capabilities of Iran, Syria, and North Korea with regard to their nuclear weapons programs.
 
(Sec. 334) Requires an annual report from the DNI to the intelligence and defense committees on the proficiency in foreign languages and dialects of each IC element.
 
(Sec. 335) Directs the DNI to ensure that personnel of the Government Accountability Office (GAO) designated by the Comptroller General are provided access to all information necessary to conduct an analysis, evaluation, or investigation of a program or activity of an IC element that is requested by an intelligence committee. Authorizes the DNI to restrict such access when necessary to protect vital U.S. national security interests, requiring notification thereof to such committees.
 
(Sec. 336) Requires the head of each IC element to semiannually certify to the intelligence committees their compliance with congressional oversight requirements.
 
(Sec. 337) Amends the Intelligence Authorization Act for Fiscal Year 1995 to change from annually to biannually a required report concerning foreign industrial espionage.
 
(Sec. 338) Directs the DNI to report to the intelligence and defense committees describing the use of personal services contracts across the IC, the impacts of such contracts on the IC workforce, plans for conversion of contractor employment into federal employment, and accountability mechanisms that govern the performance of such contracts.
 
(Sec. 339) Requires the FBI Director to report to the intelligence and judiciary committees on the long-term vision of transforming FBI intelligence capabilities and the progress of internal reforms intended to achieve that vision.
 
(Sec. 340) Directs the DNI and the Secretary to report to the intelligence and defense committees on intelligence collection and analysis resources: (1) dedicated to Iraq and Afghanistan during FY2008-FY2009; and (2) planned to be dedicated during FY2010.
 
(Sec. 341) Requires a report from the DNI to the intelligence and foreign relations committees assessing the threat to national security presented by efforts of foreign countries to acquire sensitive equipment and technology, and the degree to which U.S. export controls are adequate to defeat such efforts.
 
(Sec. 342) Directs the DNI to report to the intelligence, defense, and foreign relations committees on the illicit trade of nuclear and radiological material and equipment.
 
(Sec. 343) Requires the DNI to study and report to the intelligence committees on the feasibility of revoking the pensions of IC personnel who commit unauthorized disclosures of classified information.
 
(Sec. 344) Directs the IC Inspector General to study and report to the intelligence committees on the IC's electronic waste destruction practices.
 
(Sec. 345) Requires a report from the DNI to Congress on the advisability of providing federal retirement benefits to U.S. citizens for service prior to 1977 as employees of Air America or any associated company when such company was owned and controlled by the U.S. government and operated or managed by the CIA.
 
(Sec. 346) Directs the DNI to study and report to Congress concerning college tuition programs for the children of IC employees.
 
(Sec. 347) Requires reports to Congress from the DNI and the National Counterintelligence Executive regarding global supply chain vulnerabilities.
 
(Sec. 348) Requires the CIA Director to: (1) review CIA records relevant to known or potential health effects suffered by veterans of Operation Desert Storm; and (2) report review results to Congress.
 
(Sec. 349) Prohibits funds from being used to implement an FBI program requiring the mandatory reassignment of a supervisor who serves in a management position for seven years until the FBI Director certifies to the intelligence committees the completion of a review of issues related to the pensions of former FBI employees affected by a previous program of mandatory reassignment after serving in a management position for five years.
 
(Sec. 350) Directs the DNI to make publicly available a summary of intelligence related to: (1) terrorist recidivism of detainees held at Naval Station Guantanamo Bay, Cuba; and (2) threats posed by Uighur detainees currently or formerly held there.
 
(Sec. 352) Requires a report from the DNI to the intelligence and appropriations committees on the state of research, analysis, and training in interrogation and debriefing practices.
 
(Sec. 353) Directs the DNI to report to the intelligence committees on plans to increase diversity within the IC.
 
(Sec. 354) Requires the FBI Director to submit to the appropriate congressional committees a review of constraints under international and foreign laws to the assertion of enforcement jurisdiction with respect to criminal investigations of terrorism offenses conducted by FBI agents in foreign nations using funds made available for the National Intelligence Program.
 
(Sec. 355) Repeals certain intelligence-related reporting requirements under the National Security Act of 1947 and the Intelligence Authorization Act for Fiscal Year 2003.
 
(Sec. 356) Incorporates into this Act each requirement to submit a report to the intelligence committees that is included in the classified annex to this Act.
 

Subtitle E: Other Matters 
- (Sec. 361) Conforms standards under the National Security Act of 1947 governing the transfer and reprogramming of certain intelligence funding by the DNI to such standards under the Intelligence Reform and Terrorism Prevention Act of 2004.
 
(Sec. 362) Increases the maximum terms of imprisonment for the disclosure of agent information after access to either agent identifying information or classified information.
 
(Sec. 363) Extends to IC elements current federal authority to delete from federal gift listing requirements (the listing of gifts received as part of federal employment) information concerning the receipt and disposition of foreign gifts and decorations, if the IC element head certifies to the Secretary of State that publication of such information could adversely affect U.S. intelligence sources or methods.
 
(Sec. 364) Exempts from public disclosure requirements under the Freedom of Information Act terrorist identity information disseminated for terrorist screening purposes or other authorized counterterrorism purposes.
 
(Sec. 365) Prohibits the unauthorized use of the official name, initials, or seal of either the Intelligence Community or the Office of the Director of National Intelligence. Provides for injunctive relief through the Attorney General in such cases.
 
(Sec. 366) Directs the President: (1) every four years, to conduct an audit of how the executive branch determines whether a security clearance is required for a particular position in the federal government; (2) to report audit results to Congress; and (3) to report annually to Congress on the security clearance process within the federal government and each IC element. Requires, with respect to the latter report, specified information concerning each security clearance level, including the number of security clearance investigations that have taken longer than one year to complete. Requires a one-time report from the President to Congress on security clearance investigations and adjudications.
 
Directs the: (1) DNI to appoint an ombudsman for intelligence community security clearances; and (2) ombudsman to report annually to the intelligence committees on the number of persons applying for security clearances who have contacted the ombudsman, and a summary of their concerns, complaints, and questions.
 
Requires the IC Inspector General to: (1) conduct an audit of the reciprocity of security clearances in the IC; and (2) report audit results to the intelligence committees.
 
(Sec. 367) Prohibits the DNI from using any funds to release or transfer non-U.S. citizen detainees at the Naval Station Guantanamo Bay, Cuba, to the United States or its territories or possessions until 120 days after the President has submitted to the defense committees a plan for the disposition of each such individual which includes an assessment of the risk that each individual poses to U.S. national security and actions to be taken to mitigate such risk.
 
(Sec. 368) Expresses the sense of Congress that the DNI has not made compliance with financial management and audit readiness standards a top priority. Requires the DNI to: (1) conduct a review of the status of auditability compliance for each IC element; and (2) develop a plan and timeline to achieve a full, unqualified audit of each IC element no later than September 30, 2013.
 

Title IV: Matters Relating to Elements of the Intelligence Community - Subtitle A: Office of the Director of National Intelligence 
- (Sec. 401) Makes the ban on co-location of the Office of the DNI with any other IC element applicable to the co-location of the headquarters of the Office of the DNI with the headquarters of any other IC element. Authorizes the President to waive such limitations in certain cases.
 
(Sec. 402) Replaces the CIA Director with the DNI on the membership of the Transportation Security Oversight Board.
 
(Sec. 403) Provides additional duties for the Director of Science and Technology within the Office of the DNI, including an annual report on science and technology strategy that shows resources mapped to IC goals.
 
(Sec. 404) Directs the DNI to develop and report to Congress on a plan to implement across the IC the recommendations of a specified report concerning the use of energy-efficient computer servers in the United States.
 
(Sec. 405) Renames the DNI's Chief Information Officer as the Chief Information Officer of the Intelligence Community.
 
(Sec. 406) Establishes an Office of the Inspector General of the Intelligence Community. Outlines Inspector General duties and responsibilities. Establishes the Intelligence Community Inspectors General Forum consisting of all statutory or administrative inspectors general with oversight responsibility for an element of the IC. Directs the IC Inspector General to act as Forum chairman. Requires: (1) semiannual reports from the Inspector General to the DNI summarizing Office activities; (2) the DNI to transmit such reports to the intelligence committees; and (3) the DNI to include in the National Intelligence Program budget a separate account for the Office of the Inspector General. Repeals superseded authority under the Inspector General Act of 1978.
 

Subtitle B: Central Intelligence Agency 
- (Sec. 411) Requires the CIA Inspector General, at least every three years, to conduct, and report to the intelligence committees on, an audit of each CIA covert action.
 
(Sec. 412) Amends the Central Intelligence Agency Act of 1949 to prohibit the CIA Director from expending or obligating funds for payment to any contractor to conduct the interrogation of a detainee in CIA custody or control. Allows an exception when no CIA employee is capable or available and the interrogation is in the national interest.
 
(Sec. 413) Amends the Contract Disputes Act of 1978 to provide for the appropriate venue for an appeal from a decision of a CIA contracting officer relative to a contract made by that agency.
 
(Sec. 414) Establishes a Deputy Director of the Central Intelligence Agency, appointed by the President.
 
(Sec. 415) Extends reprisal protection with respect to CIA personnel who provide assistance to the CIA Inspector General to include the provision of information to such Inspector General. (Under current law, reprisal protection is afforded only with respect to the filing of a complaint.)
 
(Sec. 416) Requires the CIA Director to establish guidelines to ensure that each interrogation of a person in the custody of the CIA is recorded in video form, and that the recording is maintained for at least 10 years and until such time as it is no longer relevant to a legal proceeding or investigation. Provides an exception.
 

Subtitle C: Other Elements 
- (Sec. 421) Includes appropriate elements of the Coast Guard, the Office of Intelligence and Analysis of the Department of Homeland Security, and the DEA within the definition of &quot;intelligence community.&quot;
 
(Sec. 423) Amends the Counterintelligence Enhancement Act of 2002 to repeal certain administrative authorities within the Office of the National Counterintelligence Executive.
 
(Sec. 424) Requires the directors of both the NSA and NRO to be presidentially-appointed and Senate-confirmed.
 
(Sec. 425) Establishes: (1) an Associate Director of the National Security Agency for Compliance and Training; and (2) a General Counsel of the National Security Agency.
 
(Sec. 427) Amends the Inspector General Act of 1978 to establish an Inspector General of the National Security Agency.
 
(Sec. 428) Directs the DNI and the Secretary to jointly submit to the intelligence and defense committees a revised charter for the NRO.
 

Title V: Other Matters - Subtitle A: General Intelligence Matters 
 - (Sec. 501) Amends the Intelligence Authorization Act for Fiscal Year 2003 to extend until February 1, 2011, the final report requirement of the National Commission for the Review of the Research and Development Programs of the United States Intelligence Community. Requires the appointment of new Commission members. Provides funding.
 
(Sec. 502) Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to: (1) require homeland security information and terrorism information to be included within the definition of &quot;national security information&quot;; and (2) direct that the Program Manager for the Information Sharing Environment reside within the Executive Office of the President.
 
(Sec. 503) Requires the DNI to review materials in possession of the intelligence committees that: (1) are not less than 25 years old; and (2) were created, or provided to that committee, by the executive branch.
 
(Sec. 504) Prohibits the use of funds to provide the warnings of constitutional rights described in 
Miranda v. Arizona
 to a person outside the United States who is not a U.S. person and is: (1) suspected of terrorism, associated with terrorists, or believed to have knowledge of terrorists; or (2) a detainee in the custody of U.S. Armed Forces.
 

Subtitle B: Technical Amendments 
- (Sec. 511) Makes technical and/or clarifying amendments to the Central Intelligence Agency Act of 1949, the Central Intelligence Agency Retirement Act, the Foreign Intelligence Surveillance Act of 1978, the Intelligence Authorization Act for Fiscal Year 2004, the Intelligence Reform and Terrorism Prevention Act of 2004, the National Defense Authorization Act for Fiscal Year 1991, the National Security Act of 1947, provisions relating to pay levels of certain intelligence officials, and provisions relating to the titles of certain CIA positions.

action_date: 2010-02-26
text: 
Intelligence Authorization Act for Fiscal Year 2010 - 
Title I: Budget and Personnel Authorizations 
- (Sec. 101) Authorizes appropriations for FY2010 for the conduct of intelligence and intelligence-related activities of the: (1) Office of the Director of National Intelligence; (2) Central Intelligence Agency (CIA); (3) Department of Defense (DOD); (4) Defense Intelligence Agency (DIA); (5) National Security Agency (NSA); (6) Departments of the Army, Navy, and Air Force; (7) Coast Guard; (8) Departments of State, the Treasury, Energy, and Justice; (9) Federal Bureau of Investigation (FBI); (10) Drug Enforcement Administration (DEA); (11) National Reconnaissance Office (NRO); (12) National Geospatial-Intelligence Agency; and (13) Department of Homeland Security (DHS).
 
(Sec. 102) Specifies that the amounts authorized and the authorized personnel ceilings as of September 30, 2010, for such activities are those specified in the classified Schedule of Authorizations, which shall be made available to the congressional appropriations committees and the President.
 
(Sec. 103) Allows the Director of National Intelligence (DNI), with the approval of the Director of the Office of Management and Budget (OMB), to authorize employment of civilian personnel in excess of the number authorized for FY2010 (by not more than 3%) when necessary for the performance of important intelligence functions. Requires notification of the intelligence committees at least 15 days prior to the exercise of such authority.
 
(Sec. 104) Authorizes appropriations for the Intelligence Community Management Account for FY2010, as well as for full-time personnel for elements within such Account.
 
(Sec. 105) Prohibits any schedule, report, or statement accompanying this Act from being construed to authorize or require the expenditure of funds for a congressional earmark.
 
(Sec. 106) Prohibits the authorization of appropriations by this Act from being deemed to constitute authority to conduct any intelligence activity not otherwise authorized by the Constitution or laws of the United States.
 

Title II: Central Intelligence Agency Retirement and Disability System 
 - (Sec. 201) Authorizes appropriations for FY2010 for the Central Intelligence Agency Retirement and Disability Fund.
 

Title III: General Intelligence Community Matters - Subtitle A: Personnel Matters 
- (Sec. 301) Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for federal employees to be increased by such additional or supplemental amounts as necessary for increases in such compensation or benefits authorized by law.
 
(Sec. 302) Amends the National Security Act of 1947 to authorize the temporary appointment of individuals to fill, in an acting capacity, vacancies in positions in the Office of the DNI (other than the DNI) whose appointments are required to be made by the President by and with the advice and consent of the Senate. Directs the DNI to recommend to the President, and the President to direct, an individual serving in another position in the intelligence community (IC) to serve temporarily in such a position.
 
(Sec. 303) Allows an officer or employee of the United States or member of the Armed Forces to be detailed to the staff of an element of the IC funded through the Community Management Account on a reimbursable or nonreimbursable basis, as jointly agreed to by the DNI and the head of the detailing IC element, for a period not to exceed two years.
 
(Sec. 304) Prohibits inclusion in the Defense Civilian Intelligence Personnel System (DCIPS) of all DOD defense intelligence position appointments (other than Intelligence Senior Level positions and positions in the Defense Intelligence Senior Executive Service) made after June 16, 2009. Requires the Secretary of Defense (Secretary) to provide for the termination of the DCIPS within 12 months after the enactment of this Act and for the conversion of remaining DCIPS employees into the otherwise-appropriate statutory pay system. Directs the Secretary, if of the opinion that the DCIPS should not be terminated, to report to the President and Congress on the reasons therefor.
 
(Sec. 305) Directs the DNI to: (1) issue regulations prohibiting an officer or employee of an IC element from engaging in outside employment if such employment creates a conflict of interest or appearance thereof; and (2) report annually to the intelligence committees describing all outside employment of IC officers and employees that was authorized by the appropriate IC element head. Prohibits any such officer or employee from owning or effectively controlling an entity that markets or sells for profit the use of knowledge or skills that the officer or employee acquires or makes use of while carrying out official duties.
 

Subtitle B: Education 
- (Sec. 311) Requires the DNI to carry out a program, to be known as the Pat Roberts Intelligence Scholars Program, under which selected students or former students are provided or reimbursed funds for academic training in areas of specialization in which the current or future capabilities of the IC are, or are likely to be, deficient. Requires such students to commit to a period of employment with an IC element upon completion of such training. Repeals a conflicting pilot program under the Intelligence Authorization Act for Fiscal Year 2004.
 
(Sec. 312) Authorizes: (1) the DNI to carry out grant programs to enhance the recruitment and retention of an ethnically and culturally diverse IC workforce with capabilities critical to U.S. national security interests; (2) the DNI to make such grants to institutions of higher education for the development of educational programs appropriate for such purposes; and (3) the DNI to provide grants to historically black colleges and universities to provide programs of study in foreign languages, computer science, analytical courses, cryptography, and study-abroad programs. Repeals duplicative provisions under specified federal laws.
 
(Sec. 313) Amends provisions of the National Security Agency Act of 1959 relating to the Stokes Educational Scholarship Program to extend the Program to graduate students (currently, only to undergraduates) and to individuals from other elements of the IC (currently, only to the NSA).
 
(Sec. 314) Authorizes the DNI to establish a pilot program for intensive language instruction in African languages. Terminates the pilot program after five years. Authorizes appropriations.
 

Subtitle C: Congressional Oversight of Covert Actions 
- (Sec. 321) Directs the President to provide to the intelligence committees all information necessary to assess the lawfulness, effectiveness, cost, benefit, intelligence gain, budgetary authority, and risk of an intelligence activity. Requires specific procedures with respect to written reports concerning covert actions, including providing the legal authority under which a covert action is being, or was, conducted. Allows the President to limit access to such reports, including among intelligence committee members, after certifying that extraordinary circumstances affecting vital U.S. interests warrant limiting such access. Allows for restricted briefings of intelligence committee members concerning covert actions, pursuant to written procedures established by such committees. Allows any Member of Congress to whom a covert action finding or notice has been reported to submit to the DNI an objection concerning any part of that finding or notice, and requires the DNI to report any such objection to the President, in writing, within seven days.
 

Subtitle D: Reports and Other Congressional Oversight 
- (Sec. 331) Revises a reporting requirement concerning financial intelligence on terrorist assets to: (1) require the report annually instead of semiannually; (2) eliminate certain required data; and (3) require the defense committees to be included as report recipients.
 
(Sec. 332) Directs the DNI to: (1) prepare an annual personnel level assessment of each IC element; and (2) submit each assessment to the intelligence committees.
 
(Sec. 333) Requires the DNI to report at least semiannually to the defense and foreign relations committees on the intentions and capabilities of Iran, Syria, and North Korea with regard to their nuclear weapons programs.
 
(Sec. 334) Requires the DNI to report annually for five years to the intelligence and defense committees on the proficiency in foreign languages and dialects of each IC element.
 
(Sec. 335) Directs the DNI to ensure that personnel of the Government Accountability Office (GAO) designated by the Comptroller General (CG) are provided access to all information necessary to conduct an analysis, evaluation, or investigation of a program or activity of an IC element that is requested by a congressional committee with jurisdiction over such program or activity. Authorizes the DNI to restrict such access when necessary to protect vital U.S. national security interests, requiring notification to such committees of the reasons therefor. Requires the CG to: (1) be notified of any access restrictions exercised by the DNI; and (2) maintain the same level of confidentiality and protection from the unauthorized disclosure of such information as is required of the heads of IC elements.
 
(Sec. 336) Requires the head of each IC element to semiannually certify to the intelligence committees their compliance with congressional oversight requirements.
 
(Sec. 337) Amends the Intelligence Authorization Act for Fiscal Year 1995 to change from annually to biennially a required report concerning foreign industrial espionage.
 
(Sec. 338) Directs the DNI to report to the intelligence and defense committees describing the use of personal services contracts across the IC, the impacts of such contracts on the IC workforce, plans for conversion of contractor employment into federal employment, and accountability mechanisms that govern the performance of such contracts.
 
(Sec. 339) Requires the FBI Director to report to the intelligence and judiciary committees on the long-term vision of transforming FBI intelligence capabilities and the progress of internal reforms intended to achieve that vision.
 
(Sec. 340) Directs the DNI and the Secretary to report to the intelligence and defense committees on intelligence collection and analysis resources: (1) dedicated to Iraq and Afghanistan during FY2008-FY2009; and (2) planned to be dedicated during FY2010.
 
(Sec. 341) Requires a report from the DNI to the intelligence and foreign relations committees assessing the threat to national security presented by efforts of foreign countries to acquire sensitive equipment and technology and the degree to which U.S. export controls are adequate to defeat such efforts.
 
(Sec. 342) Directs the DNI to report to the intelligence, defense, and foreign relations committees on the illicit trade of nuclear and radiological material and equipment.
 
(Sec. 343) Requires the DNI to study and report to the intelligence committees on the feasibility of revoking the pensions of IC personnel who commit unauthorized disclosures of classified information.
 
(Sec. 344) Directs the IC Inspector General to study and report to the intelligence committees on the IC's electronic waste destruction practices.
 
(Sec. 345) Requires a report from the DNI to Congress on the advisability of providing federal retirement benefits to U.S. citizens for service prior to 1977 as employees of Air America or any associated company when such company was owned and controlled by the U.S. government and operated or managed by the CIA.
 
(Sec. 346) Directs the DNI to study and report to Congress concerning college tuition programs for the children of IC employees.
 
(Sec. 347) Requires reports to Congress from the DNI and the National Counterintelligence Executive regarding global supply chain vulnerabilities.
 
(Sec. 348) Requires the CIA Director to: (1) review CIA records relevant to known or potential health effects suffered by veterans of Operation Desert Storm; and (2) report review results to Congress.
 
(Sec. 349) Prohibits funds from being used to implement the FBI field office supervisory term limit policy requiring the mandatory reassignment of a supervisor after a specific period.
 
(Sec. 350) Directs the DNI to make publicly available a summary of intelligence related to: (1) terrorist recidivism of detainees held at Naval Station Guantanamo Bay, Cuba; and (2) threats posed by Uighur detainees currently or formerly held there.
 
(Sec. 352) Requires a report from the DNI to the intelligence and appropriations committees on the state of research, analysis, and training in interrogation and debriefing practices.
 
(Sec. 353) Directs the DNI to report to the intelligence committees on the plans of each IC element to increase diversity within the IC.
 
(Sec. 354) Requires the FBI Director to submit to the appropriate congressional committees a review of constraints under international and foreign laws to the assertion of enforcement jurisdiction with respect to criminal investigations of terrorism offenses conducted by FBI agents in foreign nations using funds made available for the National Intelligence Program.
 
(Sec. 355) Requires the CIA Director to make publicly available an unclassified version of the report of the CIA Inspector General entitled &quot;Procedures Used in Narcotics Airbridge Denial Program in Peru, 1995-2001.&quot;
 
(Sec. 356) Directs the President to notify Congress of each cybersecurity program that includes specified documentation, including the program's legal justification and any approved concept for program operation. Requires the head of any federal department or agency for which a notification is submitted to report on such program to Congress and the President. Directs the DHS Inspector General and the IC Inspector General to submit a joint report to Congress and the President on the sharing of cyber threat information. Terminates the requirements and authorities of this section at the end of 2012.
 
(Sec. 357) Requires the President to submit to Congress the report on terrorism financing required under the Intelligence Reform and Terrorism Prevention Act of 2004.
 
(Sec. 358) Requires reports from the DNI to Congress on: (1) federal policy and strategy concerning the questioning, detention, and prosecution of suspected terrorists; (2) the dissemination of critical counterterrorism information to local law enforcement agencies; and (3) the intelligence capabilities of state and local law enforcement agencies.
 
(Sec. 360A) Directs the IC Inspector General to report to Congress on the problem of over-classification of intelligence and ways to address it.
 
(Sec. 360B) Requires reports from the DNI to Congress: (1) summarizing the threat posed from weapons that use radiological materials (dirty bombs); and (2) certain intelligence activities and other events in the Republic of Argentina.
 
(Sec. 360D) Requires the NSA Director to report to Congress on NSA's strategy to protect DOD networks within the IC.
 
(Sec. 360E) Directs the DNI to report to Congress on the feasibility of creating a national space intelligence office.
 
(Sec. 360F) Directs the President to submit to Congress a plan to secure the networks of the IC, and to update such plan every 90 days.
 
(Sec. 360G) Requires reports from the DNI to the intelligence committees on: (1) the threat posed by the missile arsenal of Iran; and (2) results of a study on the best practices of foreign governments and their intelligence services to combat violent domestic extremism.
 
(Sec. 360I) Requires the FBI Director to report to Congress on the best practices or impediments to information-sharing in the Federal Bureau of Investigation-New York Police Department Joint Terrorism Task Force.
 
(Sec. 360J) Requires reports from the DNI to Congress on: (1) improvements to information technology needed to enable elements of the federal government that are not part of the IC to better share information with the IC; and (2) future threats to national security from continued and increased dependence on foreign oil.
 
(Sec. 360L) Requires the DNI to report to Congress on the attempt to detonate an explosive device aboard Northwest Airlines Flight 253 on December 25, 2009, including any failures to share or analyze intelligence or other information within or between elements of the federal government and measures that the IC has taken, or will take, to prevent such failures.
 
(Sec. 360M) Repeals certain intelligence-related reporting requirements under the National Security Act of 1947 and the Intelligence Authorization Act for Fiscal Year 2003.
 
(Sec. 360N) Incorporates into this Act each requirement to submit a report to the intelligence committees that is included in the classified annex to this Act.
 

Subtitle E: Other Matters 
- (Sec. 361) Conforms standards under the National Security Act of 1947 governing the transfer and reprogramming of certain intelligence funding by the DNI with similar standards under the Intelligence Reform and Terrorism Prevention Act of 2004. (Permits the transfer and reprogramming of certain intelligence funding by the DNI when the use of such funds for an activity supports an emergent need, improves program effectiveness, or increases efficiency.)
 
(Sec. 362) Increases the maximum terms of imprisonment for the disclosure of agent information after access to either agent identifying information or classified information.
 
(Sec. 363) Extends to IC elements current federal authority to delete from federal gift listing requirements (the listing of gifts received as part of federal employment) information concerning the receipt and disposition of foreign gifts and decorations, if the IC element head certifies to the Secretary of State that publication of such information could adversely affect U.S. intelligence sources or methods.
 
(Sec. 364) Exempts from public disclosure requirements under the Freedom of Information Act terrorist identity information disseminated for terrorist screening purposes or other authorized counterterrorism purposes.
 
(Sec. 365) Prohibits the unauthorized use of the official name, initials, or seal of either the Intelligence Community or the Office of the Director of National Intelligence. Provides for injunctive relief through the Attorney General in such cases.
 
(Sec. 366) Directs the President: (1) every four years, to conduct an audit of how the executive branch determines whether a security clearance is required for a particular position in the federal government; (2) to report audit results to Congress; and (3) to report annually to Congress on the security clearance process within the federal government and each IC element. Requires, with respect to the latter report, specified information concerning each security clearance level, including the number of security clearance investigations that have taken longer than one year to complete. Requires a one-time report from the President to Congress on security clearance investigations and adjudications.
 
Directs the: (1) DNI to appoint an ombudsman for intelligence community security clearances; and (2) ombudsman to report annually to the intelligence committees on the number of persons applying for security clearances who have contacted the ombudsman, and a summary of their concerns, complaints, and questions.
 
Requires the IC Inspector General to: (1) conduct an audit of the reciprocity of security clearances in the IC; and (2) report audit results to the intelligence committees.
 
Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to require the federal entity selected to direct oversight of investigations and adjudications for personnel security clearances to educate each authorized adjudicative agency that is an IC element on the nature of combat-related injuries as they relate to determinations for access to classified information for veterans who were deployed in support of a contingency operation.
 
(Sec. 367) Prohibits the DNI from using any funds to release or transfer non-U.S. citizen detainees at the Naval Station Guantanamo Bay, Cuba, to the United States or its territories or possessions until 120 days after the President has submitted to Congress a plan for the disposition of each such individual which includes an assessment of the risk that each individual poses to U.S. national security and actions to be taken to mitigate such risk.
 
(Sec. 368) Expresses the sense of Congress that: (1) it is imperative that IC-wide auditability be achieved as soon as possible; (2) the DNI's Business Transformation Office has made substantial progress to move forward the plan for core financial system requirements to reach IC-wide auditability; (3) currently, the NRO is the only IC element to have received a clean audit; and (4) the NRO should be commended for such achievement. Requires the DNI to: (1) conduct a review of the status of auditability compliance for each IC element; and (2) develop a plan and timeline to achieve a full, unqualified audit of each IC element no later than September 30, 2013.
 
(Sec. 369) Expresses the sense of Congress that: (1) the IC should develop sufficient resources to identify and thwart potential threats at the land and maritime border of the United States and Canada; and (2) the IC should work closely with Canada to identify and apprehend suspected terrorists before they enter the United States.
 

Title IV: Matters Relating to Elements of the Intelligence Community - Subtitle A: Office of the Director of National Intelligence 
- (Sec. 401) Makes the ban on co-location of the Office of the DNI with any other IC element applicable to the co-location of the headquarters of the Office of the DNI with the headquarters of any other IC element. Authorizes the President to waive such limitations in certain cases.
 
(Sec. 402) Replaces the CIA Director with the DNI on the membership of the Transportation Security Oversight Board.
 
(Sec. 403) Provides additional duties for the Director of Science and Technology within the Office of the DNI, including an annual report on science and technology strategy that shows resources mapped to IC goals.
 
(Sec. 404) Directs the DNI to develop and report to the intelligence committees on a plan to implement across the IC the recommendations of a specified report concerning the use of energy-efficient computer servers in the United States.
 
(Sec. 405) Renames the DNI's Chief Information Officer as the Chief Information Officer of the Intelligence Community.
 
(Sec. 406) Establishes an Office of the Inspector General of the Intelligence Community. Outlines Inspector General duties and responsibilities. Establishes the Intelligence Community Inspectors General Forum consisting of all statutory or administrative inspectors general with oversight responsibility for an element of the IC. Directs the IC Inspector General to act as Forum chairman. Requires: (1) semiannual reports from the Inspector General to the DNI summarizing Office activities; (2) the DNI to transmit such reports to the intelligence committees; and (3) the DNI to include in the National Intelligence Program budget a separate account for the Office of the Inspector General. Repeals superseded authority under the Inspector General Act of 1978.
 
(Sec. 407) Authorizes the DNI to provide support for any federal review of technologies and goods covered under the International Traffic in Arms Regulations or Export Administration Regulations.
 

Subtitle B: Central Intelligence Agency 
- (Sec. 411) Amends the Central Intelligence Agency Act of 1949 to allow the CIA Director to waive the requirement of submitting within seven days a statement of the reasons for prohibiting the CIA Inspector General from undertaking an audit, inspection, or investigation if such audit, inspection or investigation is related to a covert action. Requires the Director to submit such statement as soon as practicable thereafter, along with an explanation of the reasons for the delay. 
 
(Sec. 412) Amends the Central Intelligence Agency Act of 1949 to prohibit the CIA Director from expending or obligating funds for payment to any contractor to conduct the interrogation of a detainee in CIA custody or control. Allows an exception when no CIA employee is capable or available and the interrogation is in the national interest.
 
(Sec. 413) Amends the Contract Disputes Act of 1978 to provide for the appropriate venue for an appeal from a decision of a CIA contracting officer relative to a contract made by that agency.
 
(Sec. 414) Establishes a Deputy Director of the Central Intelligence Agency, appointed by the President.
 
(Sec. 415) Extends reprisal protection with respect to CIA personnel who provide assistance to the CIA Inspector General to include the provision of information to such Inspector General. (Under current law, reprisal protection is afforded only with respect to the filing of a complaint.)
 
(Sec. 416) Requires the CIA Director to establish guidelines to ensure that each interrogation of a person in the custody of the CIA is recorded in video form, and that the recording is maintained for at least 10 years and until such time as it is no longer relevant to a legal proceeding or investigation. Provides an exception when an interrogation incident to an arrest is conducted by CIA security personnel designated by the Director who are assigned to CIA headquarters and who are acting within their official capacity.
 
 

Subtitle C: Other Elements 
- (Sec. 421) Includes appropriate elements of the Coast Guard, the Office of Intelligence and Analysis of the Department of Homeland Security, and the DEA within the definition of &quot;intelligence community.&quot;
 
(Sec. 423) Amends the Counterintelligence Enhancement Act of 2002 to repeal certain administrative authorities within the Office of the National Counterintelligence Executive.
 
(Sec. 424) Requires the directors of both the NSA and NRO to be presidentially-appointed and Senate-confirmed.
 
(Sec. 425) Establishes an Associate Director of the National Security Agency for Compliance and Training.
 
(Sec. 426) Directs the DNI and the Secretary to jointly submit to the intelligence and defense committees a revised charter for the NRO.
 

Title V: Other Matters - Subtitle A: General Intelligence Matters 
 - (Sec. 501) Amends the Intelligence Authorization Act for Fiscal Year 2003 to extend until February 1, 2011, the final report requirement of the National Commission for the Review of the Research and Development Programs of the United States Intelligence Community. Requires the appointment of new Commission members. Provides funding.
 
(Sec. 502) Requires the DNI to review materials in possession of the intelligence committees that: (1) are not less than 25 years old; and (2) were created, or provided to that committee, by the executive branch.
 
(Sec. 503) Prohibits the use of funds to provide the warnings of constitutional rights described in 
Miranda v. Arizona
 to a person outside the United States who is not a U.S. person and who is: (1) suspected of terrorism, associated with terrorists, or believed to have knowledge of terrorists; or (2) a detainee in the custody of U.S. Armed Forces.
 
(Sec. 504) Expresses that it is the sense of Congress to: (1) honor the CIA for its contributions to the security of the United States and its allies; (2) recognize its unique role in combating terrorism; (3) praise the CIA for its success in foiling recent terrorist plots and capturing senior members of al Qaeda; (4) thank the CIA for its crucial support of U.S. military operations in Afghanistan and Iraq; (5) commend the men and women who gave their lives defending the United States in service of the CIA, especially those individuals who remain unnamed; and (6) urge the CIA to continue its dedicated work in the field of intelligence-gathering in order to protect the people of the United States.
 
(Sec. 505) Directs the IC Inspector General to: (1) review whether there is any credible evidence of a connection between a foreign entity and the 2001 anthrax attacks against the United States; and (2) report review results to the intelligence, homeland security, and judiciary committees.
 
(Sec. 506) Establishes the Cybersecurity Task Force to: (1) conduct a study of existing tools and provisions of law used by the IC and law enforcement agencies to protect the cybersecurity of the United States; and (2) report to Congress initially and annually thereafter for two years on improvements of such capabilities. Terminates the Task Force 60 days after its last report.
 

Subtitle B: Technical Amendments 
- (Sec. 511) Makes technical and/or clarifying amendments to the Central Intelligence Agency Act of 1949, the Central Intelligence Agency Retirement Act, the Foreign Intelligence Surveillance Act of 1978, the Intelligence Authorization Act for Fiscal Year 2004, the Intelligence Reform and Terrorism Prevention Act of 2004, the National Defense Authorization Act for Fiscal Year 1991, the National Security Act of 1947, provisions relating to pay levels of certain intelligence officials, and provisions relating to the title of a certain CIA position.

action_date: 2010-09-27
text: 
Intelligence Authorization Act for Fiscal Year 2010 - 
Title I: Budget and Personnel Authorizations
 - (Sec. 101) Permits, for purposes of provisions of the National Security Act of 1947 concerning the funding of intelligence activities, appropriated funds available to an intelligence agency to be obligated or expended for an intelligence or intelligence-related activity as appropriated for FY2010, as modified by such reprogramming and transfers of funds authorized by and reported to the appropriate congressional committees. 
(Sec. 102) Prohibits the authorization of appropriations by this Act from being deemed to constitute authority for the conduct of any intelligence activity not otherwise authorized by the Constitution or laws of the United States.
 
(Sec. 103) Requires the budgetary effects of this Act to be determined by reference to the latest statement titled &quot;Budgetary Effects of PAYGO Legislation&quot; for this Act, as long as such statement has been submitted prior to the vote on passage of this Act.
 

Title II: Central Intelligence Agency Retirement and Disability System
 - (Sec. 201) Amends the Central Intelligence Agency Retirement Act to make a technical modification concerning mandatory retirement for age.
 

Title III: General Intelligence Community Matters - Subtitle A: Personnel Matters
 - (Sec. 301) Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for federal employees to be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.
 
(Sec. 302) Amends the National Security Act of 1947 to allow a federal officer or employee or member of the Armed Forces to be detailed to the staff of an element of the intelligence community (IC) funded through the National Intelligence Program from another element of the IC or the federal government on a reimbursable or nonreimbursable basis, as jointly agreed upon by the heads of the receiving and detailing element, for a period of up to two years.
 
(Sec. 303) Authorizes the Director of National Intelligence (DNI) to fix rates of pay for critical positions in the IC in excess of the applicable limit, up to the rate payable for level II of the Executive Schedule. Requires the head of any IC department or agency to which the DNI grants such increased compensation authority to notify the intelligence committees and the DNI within 30 days after the exercise of such authority.
 
(Sec. 304) Authorizes the President to award ranks to members of the Senior National Intelligence Service and other IC senior civilian officers not already covered by a rank award program.
 
(Sec. 305) Requires the DNI to annually prepare and submit to the intelligence committees a personnel level assessment for each of the IC elements.
 
(Sec. 306) Authorizes an additional 100 full-time equivalent positions for the Office of the DNI for each fiscal year to be used to fill positions made absent by employee participation in critical language training or the provision of language-capable services on a temporary basis. Requires the DNI to report annually to the intelligence committees on the use of authority provided in this section.
 
(Sec. 307) Directs the DNI to: (1) issue regulations prohibiting any IC officer or employee from engaging in outside employment if such employment creates a conflict of interest or appearance thereof; and (2) report annually to the intelligence committees on any outside employment of IC officers and employees that was authorized by the head of an IC element.
 

Subtitle B: Education Programs 
- (Sec. 311) Makes permanent the Pat Roberts Intelligence Scholars program (originally a pilot program under the Intelligence Authorization Act for Fiscal Year 2004). Allows scholarship funds to be used for tuition, books, travel expenses, and a stipend.
 
(Sec. 312) Amends the National Security Agency Act of 1959 to extend the Louis Stokes Educational Scholarship Program to: (1) graduate students, in addition to undergraduates; and (2) individuals not employed by the federal government. Replaces the term &quot;employee&quot; with &quot;program participant.&quot; Repeals the requirement that the National Security Agency (NSA) publicly identify to participating educational institutions scholarship students who are NSA employees or training program participants. Authorizes IC elements other than the NSA to establish undergraduate or graduate training programs for prospective or current employees similar to the NSA programs.
 
(Sec. 313) Authorizes the DNI to carry out programs to enhance the recruitment and retention of an ethnically and culturally diverse IC workforce with capabilities critical to U.S. national security interests. Authorizes the use of grants under the programs to institutions of higher education for the establishment or continued development of programs of study aimed at meeting current or emerging IC needs. Requires regular reports from institutions receiving such grants. Repeals similar programs under certain prior Acts.
 
(Sec. 314) Authorizes the DNI to establish a pilot program for intensive language instruction in African languages. Terminates the pilot program after five years. Authorizes appropriations.
 

Subtitle C: Acquisition Matters
 - (Sec. 321) Requires the DNI to conduct and submit to the intelligence committees an initial vulnerability assessment for any major system and its significant items of supply prior to completion of Milestone B or an equivalent acquisition decision, or prior to one year after the enactment of this Act for an acquisition decision completed prior to the date of enactment. Allows a 180-day extension of the submission of such assessment, if justified by the DNI to such committees. Requires subsequent assessments periodically through the life span of the system when warranted by a change of circumstances or upon request of an intelligence committee. Requires the DNI to: (1) give due consideration to such assessments when developing and determining the annual National Intelligence Program (NIP) budget; and (2) provide the intelligence committees a copy of each assessment, along with a proposed schedule for subsequent assessments. Provides limits on the obligation of funding for major systems for which such assessments are required, if such assessments are not timely submitted.
 
(Sec. 322) Prohibits any funds appropriated to an IC element from being obligated for an IC business system transformation having a total cost in excess of $3 million unless: (1) the transformation is certified as complying with intelligence enterprise architecture and other DNI policy or standards, or is necessary to achieve a critical national security objective or to prevent a significant adverse effect on an essential project; and (2) the certification is approved by a board within the IC business system transformation governance structure. Requires: (1) the DNI to develop and implement an enterprise architecture to cover all IC business systems, and the functions and activities supported by such systems; (2) the DNI to establish and implement, within 60 days after the enactment of this Act, an investment review process for IC business systems; (3) the DNI to include in annual budget materials specified information concerning each IC business system for which budget funding is proposed; (4) the DNI to establish the board to take certain actions to implement this section; and (5) the DNI to report during 2011 through 2015 to the intelligence committees concerning compliance with requirements of this section.
 
(Sec. 323) Directs the program manager for each IC system to submit quarterly to the DNI a major system cost report including, for each system, its total acquisition cost, cost or schedule variances, and changes from milestones or performance measures. Requires additional reports from such program manager in the case of cost increases equal to or greater than the significant or critical cost growth threshold for such system, requiring the DNI to notify Congress of such cost growth. Prohibits the obligation of funding for such system upon the DNI's failure to submit such notification. Provides for the treatment of cost increases occurring prior to the enactment of this Act.
 
(Sec. 324) Requires the DNI, upon a determination of a major system cost increase greater than or equal to the critical cost growth threshold for that system, to: (1) determine the root cause or causes of such cost growth; and (2) carry out an assessment of projected costs of completing the system, the costs of an alternative system, and the need to reduce funding for other systems due to such cost growth. Requires the termination of such system unless the DNI submits to Congress a major system report certifying the necessity of such additional costs. Requires specified DNI actions if a major system is not terminated (including a restructure that addresses the root causes of the cost growth), or if a major system is terminated (including alternative plans to meet intelligence requirements not met by such system). Allows the DNI to waive certain requirements with respect to a terminated system upon determining that at least 90% of the amount of the current baseline estimate for the system has been expended and notifying the intelligence committees of such determination.
 
(Sec. 325) Requires the DNI to provide to the intelligence committees a five-year Future Year Intelligence Plan for each expenditure center and each major system in the NIP. Requires the DNI to provide to such committees a Long-term Budget Projection for each element of the NIP acquiring a major system that includes the budget for the five-year period following the last budget year for which proposed funding is included in a Plan. Requires each Plan and Projection to be submitted to Congress along with the annual intelligence budget, along with a major system affordability report concerning the acquisition of a major system funded under the NIP.
 
(Sec. 326) Allows the DNI to authorize the head of an IC element to exercise any acquisition authority authorized for the Central Intelligence Agency (CIA) under the Central Intelligence Agency Act of 1949 for an acquisition that is more than 50% funded by the NIP. Provides acquisition authority limits similar to those provided in such Act.
 

Subtitle D: Congressional Oversight, Plans, and Reports 
- (Sec. 331) Requires all reports from the President, DNI, or head of an IC element to the intelligence committees on intelligence activities and covert actions to be written and to include the legal basis under which the activity or action is being or was conducted. Requires a covert action finding by the President to be reported in writing, along with the reasons for any limited access to a finding or notice of significant change in a finding. Directs the President, within 180 days after submitting a limited access statement, to ensure that: (1) all members of the intelligence committees are provided access to the finding or notification; or (2) a statement of the reasons that it is essential to continue to limit such access to meet extraordinary circumstances affecting vital U.S. interests is submitted to specified congressional leaders. Requires the President, if the statement under (2) is chosen, to notify all members of the intelligence committees of that choice, and to provide such members a general description regarding the finding or notification. Outlines specific factors to be taken into consideration by the President when determining whether an activity constitutes a significant undertaking, for purposes of required congressional notification concerning activities other than covert actions. Directs the President to maintain a record of each Member of Congress to whom a finding is reported or a notice is provided. 
 
(Sec. 332) Requires the head of each IC element to annually submit to the intelligence committees either: (1) a certification of compliance with all congressional notification requirements and that any information required to be submitted has been properly submitted; or (2) a statement of the reasons the head of the element is unable to submit such certification, a description of any information not properly submitted, and an assurance that such information will be submitted as soon as possible.
 
(Sec. 333) Directs the DNI to report to the intelligence committees on all IC detention and interrogation policies and procedures. Requires appropriate parts of such report to be submitted to the defense and judiciary committees when the report addresses an IC element within DOD or the Department of Justice (DOJ).
 
(Sec. 334) Directs the DNI to make publicly available an unclassified summary of: (1) intelligence relating to recidivism of detainees currently or formerly held by DOD at Guantanamo Bay, Cuba; and (2) the likelihood that such detainees will engage in terrorism or communicate with persons in terrorist organizations.
 
(Sec. 335) Directs the DNI to report to the intelligence committees on US intelligence collection efforts dedicated to assessing the threat from biological weapons posed by state, non-state, or rogue actors, as well as efforts to protect US biodefense knowledge and infrastructure.
 
(Sec. 336) Requires the President to notify Congress of each existing US cybersecurity program, and to provide such notification within 30 days after commencement of operations of a new cybersecurity program. Outlines information required under such notification, including the legal basis for the program and an assessment of its privacy impact with respect to civil liberties. Directs the head of a federal department or agency with responsibility for a cybersecurity program for which a notification was submitted to: (1) report to Congress and the President on the results of any audit or review of such program and the legality of such program's implementation; and (2) update such report annually, along with any appropriate information concerning a newly-implemented program. Requires reports to Congress and the President from the heads of any federal department or agency with responsibility for a cybersecurity program for which a notification was submitted. Directs the Inspectors General of Department of Homeland Security (DHS) and of the IC to report jointly to Congress and the President on the status of the sharing of cyber threat information. Requires the DNI to submit to Congress: (1) a plan for recruiting, retaining, and training a highly-qualified cybersecurity IC workforce to secure its networks; and (2) a report on guidelines and recommended legislation to improve US cybersecurity (with annual report updates). Terminates the authorities of this section on December 31, 2013.
 
(Sec. 337) Directs the DNI to report annually for five years to the intelligence and defense committees on the proficiency in foreign languages and, as appropriate, in foreign dialects, of each IC element.
 
(Sec. 338) Requires the DNI to report to the intelligence committees on the plans of each IC element to increase diversity within the IC.
 
(Sec. 339) Directs the DNI to report to the intelligence and defense committees on the use of personal services contracts across the IC, their impact on the IC workforce, plans for the conversion of contractor employment into US government employment, and the accountability mechanisms that govern the performance of such contracts.
 
(Sec. 340) Requires the IC Inspector General to study, and report to the intelligence committees on, IC electronic waste destruction practices.
 
(Sec. 341) Requires the CIA Director to: (1) conduct a classification review of CIA records relevant to known or potential health effects suffered by veterans of Operation Desert Storm as described in a report by the Department of Veterans Affairs Research Advisory Committee on Gulf War Veterans' Illnesses; and (2) report review results to Congress.
 
(Sec. 342) Requires the FBI Director to submit to Congress a review of constraints under international and foreign laws to the assertion of enforcement jurisdiction with respect to criminal investigations of terrorism offenses under US laws conducted by FBI agents in foreign nations using NIP funds.
 
(Sec. 343) Directs the DNI to make publicly available an unclassified version of the report entitled &quot;Procedures Used in Narcotics Airbridge Denial Program in Peru, 1995-2001.&quot;
 
(Sec. 344) Requires the DNI to report to Congress summarizing intelligence related to the threat from weapons that use radiological materials, including highly dispersible substances such as cesium-137.
 
(Sec. 345) Directs the DNI to report to Congress on the feasibility and advisability of creating a national space intelligence office to manage space-related intelligence assets and access to such assets.
 
(Sec. 346) Requires the DNI to report to Congress on the attempt to detonate an explosive device aboard Northwest Airlines flight 253 on December 25, 2009, such report to include failures to share or analyze intelligence or other information, and measures the IC has taken or will take to prevent such failures.
 
(Sec. 347) Repeals specified intelligence-related report requirements under the National Security Act of 1947 and prior intelligence authorization Acts.
 
(Sec. 348) Directs the DNI to issue a written directive governing Comptroller General (CG) access to information in the possession of an IC element. Allows the DNI to amend such directive at any time, as appropriate. Requires the CG to maintain appropriate confidentiality of information made available under such directive. Provide penalties for unauthorized disclosures of such information by officers or employees of the General Accounting Office (GAO). Requires the DNI to submit to Congress, no later than May 1, 2011, any directive issued, and any amendment thereto.
 
(Sec. 349) Makes conforming changes to the National Security Act of 1947 necessitated by changes made under this Act.
 

Subtitle E: Other Matters
 - (Sec. 361) Extends to IC elements current federal authority to delete from federal gift listing requirements information concerning the receipt and disposition of foreign gifts and decorations, if the IC element head certifies to the Secretary of State that publication of such information could adversely affect US intelligence sources or methods.
 
(Sec. 362) Allows for the reprogramming or transfer of funds for a different intelligence or intelligence-related activity if, in addition to other requirements, the new use would support an emergency need, improve program effectiveness, or increase efficiency.
 
(Sec. 363) Increases the maximum terms of imprisonment for the disclosure of identities of undercover intelligence officers and agents.
 
(Sec. 364) Amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to: (1) direct the President, on the same date that each annual budget is submitted, to disclose the aggregate amount of appropriations requested for that fiscal year for the NIP; and (2) direct the DNI, within 30 days after each fiscal year, to disclose the aggregate amount of funds appropriated by Congress for the NIP for that fiscal year. Authorizes the President to waive either disclosure by submitting to the intelligence committees a statement that such disclosure would damage national security, with the reasons therefor.
 
(Sec. 365) Authorizes the Public Interest Declassification Board to conduct declassification reviews in response to requests from individual committee members. (Current law only allows requests from a committee of jurisdiction.)
 
(Sec. 366) Revises the permitted delegation of the authority of the FBI and Attorney General to certify certain undercover operations in order to collect foreign intelligence or counterintelligence.
 
(Sec. 367) Directs the President: (1) every four years, to conduct an audit of the manner in which the executive branch determines whether a security clearance is required for a particular position in the government, and to submit audit results to Congress; (2) to report annually to Congress on the security clearance process; and (3) to submit a one-time report on security clearance investigations and adjudications, including metrics for adjudication quality. Requires the IC Inspector General to: (1) conduct an audit of the reciprocity of security clearances among IC elements; and (2) report audit results to the intelligence committees.
 
(Sec. 368) Requires the heads of the CIA, Defense Intelligence Agency (DIA), National Geospatial-Intelligence Agency (NGIA), National Reconnaissance Office (NRO), and NSA to designate a senior intelligence management official responsible for correcting each long-standing, correctable material weakness first reported in the annual financial report of that agency prior to FY2007, the correction of which is not substantially dependent on a business system that will not be implemented prior to the end of FY2010. Directs the identified official to notify the appropriate agency head that the material weakness is corrected, requiring an independent review of such determination. Requires the appropriate agency head, after independent review has confirmed the correction, to notify the intelligence committees of the correction.
 
(Sec. 369) Directs the DNI to: (1) review the status of the auditability compliance of each IC element; and (2) develop a plan and schedule to achieve a full, unqualified audit of each element no later than the end of FY2013.
 

Title IV: Matters Relating to Elements of the Intelligence Community - Subtitle A: Office of the Director of National Intelligence
 - (Sec. 401) Requires the DNI to: (1) conduct accountability reviews of IC elements or personnel in relation to failures or deficiencies within the IC; and (2) establish guidelines and procedures for conducting such reviews.
 
(Sec. 402) Authorizes the DNI to: (1) expend funds, and make funds available to other federal departments and agencies, to develop systems related to the collection, processing, analysis, exploitation, and dissemination of intelligence information; and (2) provide NIP funds to non-NIP programs to address critical gaps in intelligence information sharing or access capabilities. Authorizes department or agency heads to use funds made available by the DNI for such purposes.
 
(Sec. 403) Allows the Office of the DNI to be located within the Washington metropolitan area (thereby allowing such location outside the District of Columbia).
 
(Sec. 404) Renames the DNI's Chief Information Officer as the Chief Information Officer of the Intelligence Community.
 
(Sec. 405) Establishes within the Office of the DNI an Office of the Inspector General of the Intelligence Community. Outlines Inspector General powers, duties, and responsibilities, including the appointment of Assistant Inspectors General. Authorizes the DNI to prohibit the Inspector General from initiating, carrying out, or completing any investigation, inspection, audit, or review if the DNI determines that the prohibition is necessary to protect vital US national security interests (requiring the DNI to notify the intelligence committees upon the exercise of such authority). Establishes the Intelligence Community Inspectors General Forum consisting of all inspectors general with oversight responsibility for an element of the IC. Requires: (1) semiannual reports from the Inspector General to the DNI on Inspector General activities (such reports to be transmitted to the intelligence committees); and (2) the Inspector General to report immediately to the DNI when becoming aware of particularly serious or flagrant problems, abuses, or deficiencies relating to programs and activities within the responsibility and authority of the DNI (such reports also to be transmitted to the intelligence committees). Provides protections for employees making disclosures to the Inspector General in connection with investigations, audits, and reviews in conformance with the Intelligence Community Whistleblower Protection Act of 1998. Directs the DNI to include in the NIP budget a separate account for the Office of the Inspector General. Repeals superseded authority under the Inspector General Act of 1978.
 
(Sec. 406) Establishes within the Office of the DNI a Chief Financial Officer of the Intelligence Community, with specified IC financial oversight duties.
 
(Sec. 407) Designates as the head of the National Counter Proliferation Center the Director of the National Counter Proliferation Center, who shall be appointed by the DNI. Locates such Center within the Office of the DNI.
 
(Sec. 408) Exempts from search, review, publication, and disclosure requirements of the Freedom of Information Act certain operational files in the Office of the DNI that were provided by IC elements. Provides exemption exceptions. Requires the DNI, at least once every ten years, to review the exempted operational files to determine whether such files, or any portion thereof, may be removed from the exemption. Provides judicial review of an allegation of the improper withholding of records through the use of such exemption.
 
(Sec. 409) Repeals the requirement that the DNI carry out certain counterintelligence security functions through the Office of the National Counterintelligence Executive.
 
(Sec. 410) Makes provisions of the Federal Advisory Committee Act inapplicable to advisory committees of the Office of the DNI. Requires an annual report from the DNI and the CIA Director on their creation of advisory committees.
 
(Sec. 411) Replaces the CIA Director with the DNI on the membership of the Transportation Security Oversight Board.
 
(Sec. 412) Repeals certain administrative authorities within the Office of the National Counterintelligence Executive.
 
(Sec. 413) Prohibits the unauthorized use of the official name, initials, or seal of the Office of the Director of National Intelligence. Authorizes the Attorney General to initiate civil proceedings to enjoin such acts or practices.
 
(Sec. 414) Directs the DNI to develop and submit to the intelligence committees a plan to implement across the IC recommendations contained in a specified Environmental Protection Agency (EPA) report on improving data center energy efficiency.
 
(Sec. 415) Authorizes the DNI to provide support for any review conducted by a federal department or agency of the International Traffic in Arms Regulations or Export Administration Regulations, including controls on technologies and goods on the United States Munitions List and Commerce Control List.
 

Subtitle B: Central Intelligence Agency
 - (Sec. 421) Authorizes the CIA Director to provide security personnel for the protection of the DNI and such personnel within the Office of the DNI as the DNI may designate.
 
(Sec. 422) Amends the Contracts Disputes Act of 1978 to allow an appeal from a decision of a CIA contracting officer to be filed with either the Armed Services Board of Contract Appeals or the Civilian Board of Contract Appeals, as specified in the contract.
 
(Sec. 423) Establishes the position of Deputy Director of the CIA, with specified duties.
 
(Sec. 424) Allows the CIA Director to delegate to appropriate CIA officials the authority for travel on common carriers by intelligence collection personnel.
 
(Sec. 425) Amends the Central Intelligence Agency Act of 1949 to: (1) require the appointment of the CIA Inspector General to be made on the basis of demonstrated ability and without regard to political affiliation; and (2) expand the the protection against whistleblower reprisals to include any CIA employee who provides information to the CIA Inspector General. Gives the Inspector General final approval of candidates for employment within the Office of the Inspector General, and requires the Inspector General to appoint a Counsel who reports directly to the Inspector General.
 
(Sec. 426) Directs the DNI to transmit to the President each year the budget amount requested by the CIA Inspector General, and to provide such information to the intelligence and appropriations committees.
 
(Sec. 427) Requires the CIA Director to make publicly available an unclassified version of any memorandum or finished intelligence product assessing the information gained from high-value detainee reporting dated April 3, 2003, July 15, 2004, March 2, 2005, and June 1, 2005.
 

Subtitle C: Defense Intelligence Components
 - (Sec. 431) Amends the Inspector General Act of 1978 to require the heads of the NRO, DIA, NSA, and NGIA to appoint independent inspectors general for their agencies (thus giving such inspectors general the same information-gathering power and independence as is currently held by inspectors general of other federal agencies). Allows the Secretary of Defense to prohibit the inspector general of an IC element from initiating, carrying out, or completing any audit or investigation if the Secretary determines that the prohibition is necessary to protect vital US national security interests. Requires notification of such determination to the defense and intelligence committees.
 
(Sec. 432) Requires the NGIA, as directed by the DNI, to develop a system to facilitate the analysis, dissemination, and incorporation into the National System for Geospatial-Intelligence likenesses, videos, and presentations produced by ground-based platforms, including handheld or clandestine photography taken by or on behalf of human intelligence collection organizations or available as open-source information.
 
(Sec. 433) Amends the National Security Agency Act of 1959 to establish the position of Director of Compliance of the National Security Agency to be responsible for the programs of compliance over NSA mission activities.
 

Subtitle D: Other Elements
 - (Sec. 441) Includes appropriate elements of the Coast Guard and DEA within the definition of &quot;intelligence community.&quot;
 
(Sec. 442) Authorizes the use of certain Coast Guard funding for research, development, test, or evaluation related to intelligence systems and capabilities.
 
(Sec. 443) Makes permanent FBI authority to pay retention and relocation bonuses to employees with unusually high or unique qualifications, or for which the FBI has a special need.
 
(Sec. 444) Extends through 2011 FBI authority to waive certain federal mandatory retirement provisions if determined in the public interest (thereby allowing employment up to age 65).
 
(Sec. 445) Requires the FBI Director to report to the intelligence and judiciary committees a long-term vision for the intelligence capabilities of the FBI's National Security Branch, a strategic plan for the Branch, progress made in advancing the capabilities of the Branch, and an assessment of the Branch's effectiveness in performing tasks critical to its function as an intelligence agency. Directs the DNI to submit annually to the intelligence and judiciary committees an assessment of Branch progress in performing its tasks.
 

Title V: Reorganization of the Diplomatic Telecommunications Service Program Office 
- (Sec. 501) Amends the Intelligence Authorization Act for Fiscal Year 2001 to reorganize the Diplomatic Telecommunications Service Program Office (Office), which is responsible for supporting the telecommunications network of all US government agencies and departments operating from diplomatic and consular facilities abroad. Establishes the Diplomatic Telecommunications Service Governance Board (replacing the current Diplomatic Telecommunications Service Oversight Board) to direct and oversee Office activities. Outlines related Board duties, authorities, and activities, including ensuring that enhancements of, and the provision of service for, telecommunication capabilities that involve US national security interests receive the highest prioritization. Authorizes appropriations. Repeals prior inconsistent provisions.
 

Title VI: Foreign Intelligence and Information Commission Act
 - Foreign Intelligence and Information Commission Act - (Sec. 603) Establishes in the legislative branch a Foreign Intelligence and Information Commission to undertake certain evaluations, and provide recommendations, relating to the collection, reporting, and analysis of foreign intelligence and information. Requires: (1) an interim Commission report to the intelligence committees; and (2) a final Commission report to the President, DNI, Secretary of State, and the intelligence and foreign relations committees. Terminates the Commission 60 days after its final report. Makes the Federal Advisory Committee Act inapplicable to the Commission. Authorizes appropriations.
 

Title VII: Other Matters 
- (Sec. 701) Amends the Intelligence Authorization Act for Fiscal Year 2003 to extend the due date of the final report of the National Commission for Review of Research and Development Programs of the United States Intelligence Community from September 1, 2004, to one year after all of the Commission's members are appointed. Requires all new members to be appointed to the Commission. Authorizes appropriations. Repeals existing funding authority under the above Act.
 
(Sec. 702) Authorizes the DNI to conduct, at the request of one of the intelligence committees, a classification review of materials in possession of that committee that are not less than 25 years old and that were created, or provided to that committee, by an entity in the executive branch.
 

Title VIII: Technical Amendments
 - (Sec. 801) Makes technical and/or clarifying amendments to the Foreign Intelligence Surveillance Act of 1978, the Central Intelligence Agency Act of 1949, the National Security Act of 1947, the National Defense Authorization Act for Fiscal Year 1991, provisions relating to the Intelligence Reform and Terrorism Prevention Act of 2004, provisions relating to pay levels of certain intelligence officials, and prior-year intelligence authorization Acts.

action_date: 2010-10-07
text: 

(This measure has not been amended since it was passed by the Senate on September 27, 2010. The summary of that version is repeated here.)

 
Intelligence Authorization Act for Fiscal Year 2010 - 
Title I: Budget and Personnel Authorizations
 - (Sec. 101) Permits, for purposes of provisions of the National Security Act of 1947 concerning the funding of intelligence activities, appropriated funds available to an intelligence agency to be obligated or expended for an intelligence or intelligence-related activity as appropriated for FY2010, as modified by such reprogramming and transfers of funds authorized by and reported to the appropriate congressional committees. 
(Sec. 102) Prohibits the authorization of appropriations by this Act from being deemed to constitute authority for the conduct of any intelligence activity not otherwise authorized by the Constitution or laws of the United States.
 
(Sec. 103) Requires the budgetary effects of this Act to be determined by reference to the latest statement titled &quot;Budgetary Effects of PAYGO Legislation&quot; for this Act, as long as such statement has been submitted prior to the vote on passage of this Act.
 

Title II: Central Intelligence Agency Retirement and Disability System
 - (Sec. 201) Amends the Central Intelligence Agency Retirement Act to make a technical modification concerning mandatory retirement for age.
 

Title III: General Intelligence Community Matters - Subtitle A: Personnel Matters
 - (Sec. 301) Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for federal employees to be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.
 
(Sec. 302) Amends the National Security Act of 1947 to allow a federal officer or employee or member of the Armed Forces to be detailed to the staff of an element of the intelligence community (IC) funded through the National Intelligence Program from another element of the IC or the federal government on a reimbursable or nonreimbursable basis, as jointly agreed upon by the heads of the receiving and detailing element, for a period of up to two years.
 
(Sec. 303) Authorizes the Director of National Intelligence (DNI) to fix rates of pay for critical positions in the IC in excess of the applicable limit, up to the rate payable for level II of the Executive Schedule. Requires the head of any IC department or agency to which the DNI grants such increased compensation authority to notify the intelligence committees and the DNI within 30 days after the exercise of such authority.
 
(Sec. 304) Authorizes the President to award ranks to members of the Senior National Intelligence Service and other IC senior civilian officers not already covered by a rank award program.
 
(Sec. 305) Requires the DNI to annually prepare and submit to the intelligence committees a personnel level assessment for each of the IC elements.
 
(Sec. 306) Authorizes an additional 100 full-time equivalent positions for the Office of the DNI for each fiscal year to be used to fill positions made absent by employee participation in critical language training or the provision of language-capable services on a temporary basis. Requires the DNI to report annually to the intelligence committees on the use of authority provided in this section.
 
(Sec. 307) Directs the DNI to: (1) issue regulations prohibiting any IC officer or employee from engaging in outside employment if such employment creates a conflict of interest or appearance thereof; and (2) report annually to the intelligence committees on any outside employment of IC officers and employees that was authorized by the head of an IC element.
 

Subtitle B: Education Programs 
- (Sec. 311) Makes permanent the Pat Roberts Intelligence Scholars program (originally a pilot program under the Intelligence Authorization Act for Fiscal Year 2004). Allows scholarship funds to be used for tuition, books, travel expenses, and a stipend.
 
(Sec. 312) Amends the National Security Agency Act of 1959 to extend the Louis Stokes Educational Scholarship Program to: (1) graduate students, in addition to undergraduates; and (2) individuals not employed by the federal government. Replaces the term &quot;employee&quot; with &quot;program participant.&quot; Repeals the requirement that the National Security Agency (NSA) publicly identify to participating educational institutions scholarship students who are NSA employees or training program participants. Authorizes IC elements other than the NSA to establish undergraduate or graduate training programs for prospective or current employees similar to the NSA programs.
 
(Sec. 313) Authorizes the DNI to carry out programs to enhance the recruitment and retention of an ethnically and culturally diverse IC workforce with capabilities critical to U.S. national security interests. Authorizes the use of grants under the programs to institutions of higher education for the establishment or continued development of programs of study aimed at meeting current or emerging IC needs. Requires regular reports from institutions receiving such grants. Repeals similar programs under certain prior Acts.
 
(Sec. 314) Authorizes the DNI to establish a pilot program for intensive language instruction in African languages. Terminates the pilot program after five years. Authorizes appropriations.
 

Subtitle C: Acquisition Matters
 - (Sec. 321) Requires the DNI to conduct and submit to the intelligence committees an initial vulnerability assessment for any major system and its significant items of supply prior to completion of Milestone B or an equivalent acquisition decision, or prior to one year after the enactment of this Act for an acquisition decision completed prior to the date of enactment. Allows a 180-day extension of the submission of such assessment, if justified by the DNI to such committees. Requires subsequent assessments periodically through the life span of the system when warranted by a change of circumstances or upon request of an intelligence committee. Requires the DNI to: (1) give due consideration to such assessments when developing and determining the annual National Intelligence Program (NIP) budget; and (2) provide the intelligence committees a copy of each assessment, along with a proposed schedule for subsequent assessments. Provides limits on the obligation of funding for major systems for which such assessments are required, if such assessments are not timely submitted.
 
(Sec. 322) Prohibits any funds appropriated to an IC element from being obligated for an IC business system transformation having a total cost in excess of $3 million unless: (1) the transformation is certified as complying with intelligence enterprise architecture and other DNI policy or standards, or is necessary to achieve a critical national security objective or to prevent a significant adverse effect on an essential project; and (2) the certification is approved by a board within the IC business system transformation governance structure. Requires: (1) the DNI to develop and implement an enterprise architecture to cover all IC business systems, and the functions and activities supported by such systems; (2) the DNI to establish and implement, within 60 days after the enactment of this Act, an investment review process for IC business systems; (3) the DNI to include in annual budget materials specified information concerning each IC business system for which budget funding is proposed; (4) the DNI to establish the board to take certain actions to implement this section; and (5) the DNI to report during 2011 through 2015 to the intelligence committees concerning compliance with requirements of this section.
 
(Sec. 323) Directs the program manager for each IC system to submit quarterly to the DNI a major system cost report including, for each system, its total acquisition cost, cost or schedule variances, and changes from milestones or performance measures. Requires additional reports from such program manager in the case of cost increases equal to or greater than the significant or critical cost growth threshold for such system, requiring the DNI to notify Congress of such cost growth. Prohibits the obligation of funding for such system upon the DNI's failure to submit such notification. Provides for the treatment of cost increases occurring prior to the enactment of this Act.
 
(Sec. 324) Requires the DNI, upon a determination of a major system cost increase greater than or equal to the critical cost growth threshold for that system, to: (1) determine the root cause or causes of such cost growth; and (2) carry out an assessment of projected costs of completing the system, the costs of an alternative system, and the need to reduce funding for other systems due to such cost growth. Requires the termination of such system unless the DNI submits to Congress a major system report certifying the necessity of such additional costs. Requires specified DNI actions if a major system is not terminated (including a restructure that addresses the root causes of the cost growth), or if a major system is terminated (including alternative plans to meet intelligence requirements not met by such system). Allows the DNI to waive certain requirements with respect to a terminated system upon determining that at least 90% of the amount of the current baseline estimate for the system has been expended and notifying the intelligence committees of such determination.
 
(Sec. 325) Requires the DNI to provide to the intelligence committees a five-year Future Year Intelligence Plan for each expenditure center and each major system in the NIP. Requires the DNI to provide to such committees a Long-term Budget Projection for each element of the NIP acquiring a major system that includes the budget for the five-year period following the last budget year for which proposed funding is included in a Plan. Requires each Plan and Projection to be submitted to Congress along with the annual intelligence budget, along with a major system affordability report concerning the acquisition of a major system funded under the NIP.
 
(Sec. 326) Allows the DNI to authorize the head of an IC element to exercise any acquisition authority authorized for the Central Intelligence Agency (CIA) under the Central Intelligence Agency Act of 1949 for an acquisition that is more than 50% funded by the NIP. Provides acquisition authority limits similar to those provided in such Act.
 

Subtitle D: Congressional Oversight, Plans, and Reports 
- (Sec. 331) Requires all reports from the President, DNI, or head of an IC element to the intelligence committees on intelligence activities and covert actions to be written and to include the legal basis under which the activity or action is being or was conducted. Requires a covert action finding by the President to be reported in writing, along with the reasons for any limited access to a finding or notice of significant change in a finding. Directs the President, within 180 days after submitting a limited access statement, to ensure that: (1) all members of the intelligence committees are provided access to the finding or notification; or (2) a statement of the reasons that it is essential to continue to limit such access to meet extraordinary circumstances affecting vital U.S. interests is submitted to specified congressional leaders. Requires the President, if the statement under (2) is chosen, to notify all members of the intelligence committees of that choice, and to provide such members a general description regarding the finding or notification. Outlines specific factors to be taken into consideration by the President when determining whether an activity constitutes a significant undertaking, for purposes of required congressional notification concerning activities other than covert actions. Directs the President to maintain a record of each Member of Congress to whom a finding is reported or a notice is provided. 
 
(Sec. 332) Requires the head of each IC element to annually submit to the intelligence committees either: (1) a certification of compliance with all congressional notification requirements and that any information required to be submitted has been properly submitted; or (2) a statement of the reasons the head of the element is unable to submit such certification, a description of any information not properly submitted, and an assurance that such information will be submitted as soon as possible.
 
(Sec. 333) Directs the DNI to report to the intelligence committees on all IC detention and interrogation policies and procedures. Requires appropriate parts of such report to be submitted to the defense and judiciary committees when the report addresses an IC element within DOD or the Department of Justice (DOJ).
 
(Sec. 334) Directs the DNI to make publicly available an unclassified summary of: (1) intelligence relating to recidivism of detainees currently or formerly held by DOD at Guantanamo Bay, Cuba; and (2) the likelihood that such detainees will engage in terrorism or communicate with persons in terrorist organizations.
 
(Sec. 335) Directs the DNI to report to the intelligence committees on US intelligence collection efforts dedicated to assessing the threat from biological weapons posed by state, non-state, or rogue actors, as well as efforts to protect US biodefense knowledge and infrastructure.
 
(Sec. 336) Requires the President to notify Congress of each existing US cybersecurity program, and to provide such notification within 30 days after commencement of operations of a new cybersecurity program. Outlines information required under such notification, including the legal basis for the program and an assessment of its privacy impact with respect to civil liberties. Directs the head of a federal department or agency with responsibility for a cybersecurity program for which a notification was submitted to: (1) report to Congress and the President on the results of any audit or review of such program and the legality of such program's implementation; and (2) update such report annually, along with any appropriate information concerning a newly-implemented program. Requires reports to Congress and the President from the heads of any federal department or agency with responsibility for a cybersecurity program for which a notification was submitted. Directs the Inspectors General of Department of Homeland Security (DHS) and of the IC to report jointly to Congress and the President on the status of the sharing of cyber threat information. Requires the DNI to submit to Congress: (1) a plan for recruiting, retaining, and training a highly-qualified cybersecurity IC workforce to secure its networks; and (2) a report on guidelines and recommended legislation to improve US cybersecurity (with annual report updates). Terminates the authorities of this section on December 31, 2013.
 
(Sec. 337) Directs the DNI to report annually for five years to the intelligence and defense committees on the proficiency in foreign languages and, as appropriate, in foreign dialects, of each IC element.
 
(Sec. 338) Requires the DNI to report to the intelligence committees on the plans of each IC element to increase diversity within the IC.
 
(Sec. 339) Directs the DNI to report to the intelligence and defense committees on the use of personal services contracts across the IC, their impact on the IC workforce, plans for the conversion of contractor employment into US government employment, and the accountability mechanisms that govern the performance of such contracts.
 
(Sec. 340) Requires the IC Inspector General to study, and report to the intelligence committees on, IC electronic waste destruction practices.
 
(Sec. 341) Requires the CIA Director to: (1) conduct a classification review of CIA records relevant to known or potential health effects suffered by veterans of Operation Desert Storm as described in a report by the Department of Veterans Affairs Research Advisory Committee on Gulf War Veterans' Illnesses; and (2) report review results to Congress.
 
(Sec. 342) Requires the FBI Director to submit to Congress a review of constraints under international and foreign laws to the assertion of enforcement jurisdiction with respect to criminal investigations of terrorism offenses under US laws conducted by FBI agents in foreign nations using NIP funds.
 
(Sec. 343) Directs the DNI to make publicly available an unclassified version of the report entitled &quot;Procedures Used in Narcotics Airbridge Denial Program in Peru, 1995-2001.&quot;
 
(Sec. 344) Requires the DNI to report to Congress summarizing intelligence related to the threat from weapons that use radiological materials, including highly dispersible substances such as cesium-137.
 
(Sec. 345) Directs the DNI to report to Congress on the feasibility and advisability of creating a national space intelligence office to manage space-related intelligence assets and access to such assets.
 
(Sec. 346) Requires the DNI to report to Congress on the attempt to detonate an explosive device aboard Northwest Airlines flight 253 on December 25, 2009, such report to include failures to share or analyze intelligence or other information, and measures the IC has taken or will take to prevent such failures.
 
(Sec. 347) Repeals specified intelligence-related report requirements under the National Security Act of 1947 and prior intelligence authorization Acts.
 
(Sec. 348) Directs the DNI to issue a written directive governing Comptroller General (CG) access to information in the possession of an IC element. Allows the DNI to amend such directive at any time, as appropriate. Requires the CG to maintain appropriate confidentiality of information made available under such directive. Provide penalties for unauthorized disclosures of such information by officers or employees of the General Accounting Office (GAO). Requires the DNI to submit to Congress, no later than May 1, 2011, any directive issued, and any amendment thereto.
 
(Sec. 349) Makes conforming changes to the National Security Act of 1947 necessitated by changes made under this Act.
 

Subtitle E: Other Matters
 - (Sec. 361) Extends to IC elements current federal authority to delete from federal gift listing requirements information concerning the receipt and disposition of foreign gifts and decorations, if the IC element head certifies to the Secretary of State that publication of such information could adversely affect US intelligence sources or methods.
 
(Sec. 362) Allows for the reprogramming or transfer of funds for a different intelligence or intelligence-related activity if, in addition to other requirements, the new use would support an emergency need, improve program effectiveness, or increase efficiency.
 
(Sec. 363) Increases the maximum terms of imprisonment for the disclosure of identities of undercover intelligence officers and agents.
 
(Sec. 364) Amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to: (1) direct the President, on the same date that each annual budget is submitted, to disclose the aggregate amount of appropriations requested for that fiscal year for the NIP; and (2) direct the DNI, within 30 days after each fiscal year, to disclose the aggregate amount of funds appropriated by Congress for the NIP for that fiscal year. Authorizes the President to waive either disclosure by submitting to the intelligence committees a statement that such disclosure would damage national security, with the reasons therefor.
 
(Sec. 365) Authorizes the Public Interest Declassification Board to conduct declassification reviews in response to requests from individual committee members. (Current law only allows requests from a committee of jurisdiction.)
 
(Sec. 366) Revises the permitted delegation of the authority of the FBI and Attorney General to certify certain undercover operations in order to collect foreign intelligence or counterintelligence.
 
(Sec. 367) Directs the President: (1) every four years, to conduct an audit of the manner in which the executive branch determines whether a security clearance is required for a particular position in the government, and to submit audit results to Congress; (2) to report annually to Congress on the security clearance process; and (3) to submit a one-time report on security clearance investigations and adjudications, including metrics for adjudication quality. Requires the IC Inspector General to: (1) conduct an audit of the reciprocity of security clearances among IC elements; and (2) report audit results to the intelligence committees.
 
(Sec. 368) Requires the heads of the CIA, Defense Intelligence Agency (DIA), National Geospatial-Intelligence Agency (NGIA), National Reconnaissance Office (NRO), and NSA to designate a senior intelligence management official responsible for correcting each long-standing, correctable material weakness first reported in the annual financial report of that agency prior to FY2007, the correction of which is not substantially dependent on a business system that will not be implemented prior to the end of FY2010. Directs the identified official to notify the appropriate agency head that the material weakness is corrected, requiring an independent review of such determination. Requires the appropriate agency head, after independent review has confirmed the correction, to notify the intelligence committees of the correction.
 
(Sec. 369) Directs the DNI to: (1) review the status of the auditability compliance of each IC element; and (2) develop a plan and schedule to achieve a full, unqualified audit of each element no later than the end of FY2013.
 

Title IV: Matters Relating to Elements of the Intelligence Community - Subtitle A: Office of the Director of National Intelligence
 - (Sec. 401) Requires the DNI to: (1) conduct accountability reviews of IC elements or personnel in relation to failures or deficiencies within the IC; and (2) establish guidelines and procedures for conducting such reviews.
 
(Sec. 402) Authorizes the DNI to: (1) expend funds, and make funds available to other federal departments and agencies, to develop systems related to the collection, processing, analysis, exploitation, and dissemination of intelligence information; and (2) provide NIP funds to non-NIP programs to address critical gaps in intelligence information sharing or access capabilities. Authorizes department or agency heads to use funds made available by the DNI for such purposes.
 
(Sec. 403) Allows the Office of the DNI to be located within the Washington metropolitan area (thereby allowing such location outside the District of Columbia).
 
(Sec. 404) Renames the DNI's Chief Information Officer as the Chief Information Officer of the Intelligence Community.
 
(Sec. 405) Establishes within the Office of the DNI an Office of the Inspector General of the Intelligence Community. Outlines Inspector General powers, duties, and responsibilities, including the appointment of Assistant Inspectors General. Authorizes the DNI to prohibit the Inspector General from initiating, carrying out, or completing any investigation, inspection, audit, or review if the DNI determines that the prohibition is necessary to protect vital US national security interests (requiring the DNI to notify the intelligence committees upon the exercise of such authority). Establishes the Intelligence Community Inspectors General Forum consisting of all inspectors general with oversight responsibility for an element of the IC. Requires: (1) semiannual reports from the Inspector General to the DNI on Inspector General activities (such reports to be transmitted to the intelligence committees); and (2) the Inspector General to report immediately to the DNI when becoming aware of particularly serious or flagrant problems, abuses, or deficiencies relating to programs and activities within the responsibility and authority of the DNI (such reports also to be transmitted to the intelligence committees). Provides protections for employees making disclosures to the Inspector General in connection with investigations, audits, and reviews in conformance with the Intelligence Community Whistleblower Protection Act of 1998. Directs the DNI to include in the NIP budget a separate account for the Office of the Inspector General. Repeals superseded authority under the Inspector General Act of 1978.
 
(Sec. 406) Establishes within the Office of the DNI a Chief Financial Officer of the Intelligence Community, with specified IC financial oversight duties.
 
(Sec. 407) Designates as the head of the National Counter Proliferation Center the Director of the National Counter Proliferation Center, who shall be appointed by the DNI. Locates such Center within the Office of the DNI.
 
(Sec. 408) Exempts from search, review, publication, and disclosure requirements of the Freedom of Information Act certain operational files in the Office of the DNI that were provided by IC elements. Provides exemption exceptions. Requires the DNI, at least once every ten years, to review the exempted operational files to determine whether such files, or any portion thereof, may be removed from the exemption. Provides judicial review of an allegation of the improper withholding of records through the use of such exemption.
 
(Sec. 409) Repeals the requirement that the DNI carry out certain counterintelligence security functions through the Office of the National Counterintelligence Executive.
 
(Sec. 410) Makes provisions of the Federal Advisory Committee Act inapplicable to advisory committees of the Office of the DNI. Requires an annual report from the DNI and the CIA Director on their creation of advisory committees.
 
(Sec. 411) Replaces the CIA Director with the DNI on the membership of the Transportation Security Oversight Board.
 
(Sec. 412) Repeals certain administrative authorities within the Office of the National Counterintelligence Executive.
 
(Sec. 413) Prohibits the unauthorized use of the official name, initials, or seal of the Office of the Director of National Intelligence. Authorizes the Attorney General to initiate civil proceedings to enjoin such acts or practices.
 
(Sec. 414) Directs the DNI to develop and submit to the intelligence committees a plan to implement across the IC recommendations contained in a specified Environmental Protection Agency (EPA) report on improving data center energy efficiency.
 
(Sec. 415) Authorizes the DNI to provide support for any review conducted by a federal department or agency of the International Traffic in Arms Regulations or Export Administration Regulations, including controls on technologies and goods on the United States Munitions List and Commerce Control List.
 

Subtitle B: Central Intelligence Agency
 - (Sec. 421) Authorizes the CIA Director to provide security personnel for the protection of the DNI and such personnel within the Office of the DNI as the DNI may designate.
 
(Sec. 422) Amends the Contracts Disputes Act of 1978 to allow an appeal from a decision of a CIA contracting officer to be filed with either the Armed Services Board of Contract Appeals or the Civilian Board of Contract Appeals, as specified in the contract.
 
(Sec. 423) Establishes the position of Deputy Director of the CIA, with specified duties.
 
(Sec. 424) Allows the CIA Director to delegate to appropriate CIA officials the authority for travel on common carriers by intelligence collection personnel.
 
(Sec. 425) Amends the Central Intelligence Agency Act of 1949 to: (1) require the appointment of the CIA Inspector General to be made on the basis of demonstrated ability and without regard to political affiliation; and (2) expand the the protection against whistleblower reprisals to include any CIA employee who provides information to the CIA Inspector General. Gives the Inspector General final approval of candidates for employment within the Office of the Inspector General, and requires the Inspector General to appoint a Counsel who reports directly to the Inspector General.
 
(Sec. 426) Directs the DNI to transmit to the President each year the budget amount requested by the CIA Inspector General, and to provide such information to the intelligence and appropriations committees.
 
(Sec. 427) Requires the CIA Director to make publicly available an unclassified version of any memorandum or finished intelligence product assessing the information gained from high-value detainee reporting dated April 3, 2003, July 15, 2004, March 2, 2005, and June 1, 2005.
 

Subtitle C: Defense Intelligence Components
 - (Sec. 431) Amends the Inspector General Act of 1978 to require the heads of the NRO, DIA, NSA, and NGIA to appoint independent inspectors general for their agencies (thus giving such inspectors general the same information-gathering power and independence as is currently held by inspectors general of other federal agencies). Allows the Secretary of Defense to prohibit the inspector general of an IC element from initiating, carrying out, or completing any audit or investigation if the Secretary determines that the prohibition is necessary to protect vital US national security interests. Requires notification of such determination to the defense and intelligence committees.
 
(Sec. 432) Requires the NGIA, as directed by the DNI, to develop a system to facilitate the analysis, dissemination, and incorporation into the National System for Geospatial-Intelligence likenesses, videos, and presentations produced by ground-based platforms, including handheld or clandestine photography taken by or on behalf of human intelligence collection organizations or available as open-source information.
 
(Sec. 433) Amends the National Security Agency Act of 1959 to establish the position of Director of Compliance of the National Security Agency to be responsible for the programs of compliance over NSA mission activities.
 

Subtitle D: Other Elements
 - (Sec. 441) Includes appropriate elements of the Coast Guard and DEA within the definition of &quot;intelligence community.&quot;
 
(Sec. 442) Authorizes the use of certain Coast Guard funding for research, development, test, or evaluation related to intelligence systems and capabilities.
 
(Sec. 443) Makes permanent FBI authority to pay retention and relocation bonuses to employees with unusually high or unique qualifications, or for which the FBI has a special need.
 
(Sec. 444) Extends through 2011 FBI authority to waive certain federal mandatory retirement provisions if determined in the public interest (thereby allowing employment up to age 65).
 
(Sec. 445) Requires the FBI Director to report to the intelligence and judiciary committees a long-term vision for the intelligence capabilities of the FBI's National Security Branch, a strategic plan for the Branch, progress made in advancing the capabilities of the Branch, and an assessment of the Branch's effectiveness in performing tasks critical to its function as an intelligence agency. Directs the DNI to submit annually to the intelligence and judiciary committees an assessment of Branch progress in performing its tasks.
 

Title V: Reorganization of the Diplomatic Telecommunications Service Program Office 
- (Sec. 501) Amends the Intelligence Authorization Act for Fiscal Year 2001 to reorganize the Diplomatic Telecommunications Service Program Office (Office), which is responsible for supporting the telecommunications network of all US government agencies and departments operating from diplomatic and consular facilities abroad. Establishes the Diplomatic Telecommunications Service Governance Board (replacing the current Diplomatic Telecommunications Service Oversight Board) to direct and oversee Office activities. Outlines related Board duties, authorities, and activities, including ensuring that enhancements of, and the provision of service for, telecommunication capabilities that involve US national security interests receive the highest prioritization. Authorizes appropriations. Repeals prior inconsistent provisions.
 

Title VI: Foreign Intelligence and Information Commission Act
 - Foreign Intelligence and Information Commission Act - (Sec. 603) Establishes in the legislative branch a Foreign Intelligence and Information Commission to undertake certain evaluations, and provide recommendations, relating to the collection, reporting, and analysis of foreign intelligence and information. Requires: (1) an interim Commission report to the intelligence committees; and (2) a final Commission report to the President, DNI, Secretary of State, and the intelligence and foreign relations committees. Terminates the Commission 60 days after its final report. Makes the Federal Advisory Committee Act inapplicable to the Commission. Authorizes appropriations.
 

Title VII: Other Matters 
- (Sec. 701) Amends the Intelligence Authorization Act for Fiscal Year 2003 to extend the due date of the final report of the National Commission for Review of Research and Development Programs of the United States Intelligence Community from September 1, 2004, to one year after all of the Commission's members are appointed. Requires all new members to be appointed to the Commission. Authorizes appropriations. Repeals existing funding authority under the above Act.
 
(Sec. 702) Authorizes the DNI to conduct, at the request of one of the intelligence committees, a classification review of materials in possession of that committee that are not less than 25 years old and that were created, or provided to that committee, by an entity in the executive branch.
 

Title VIII: Technical Amendments
 - (Sec. 801) Makes technical and/or clarifying amendments to the Foreign Intelligence Surveillance Act of 1978, the Central Intelligence Agency Act of 1949, the National Security Act of 1947, the National Defense Authorization Act for Fiscal Year 1991, provisions relating to the Intelligence Reform and Terrorism Prevention Act of 2004, provisions relating to pay levels of certain intelligence officials, and prior-year intelligence authorization Acts.


Legislative actions:
action_date: 2010-10-07
text: Became Public Law No: 111-259.
action_date: 2010-10-07
text: Became Public Law No: 111-259.
action_date: 2010-10-07
text: Signed by President.
action_date: 2010-10-07
text: Signed by President.
action_date: 2010-10-01
text: Presented to President.
action_date: 2010-10-01
text: Presented to President.
action_date: 2010-09-29
text: Cleared for White House.
action_date: 2010-09-29
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2010-09-29
text: On motion that the House agree to the Senate amendment Agreed to by the Yeas and Nays: 244 - 181 (Roll no. 558). (text as House agreed to Senate amendment: CR H7276-7301)
action_date: 2010-09-29
text: Resolving differences -- House actions: On motion that the House agree to the Senate amendment Agreed to by the Yeas and Nays: 244 - 181 (Roll no. 558).(text as House agreed to Senate amendment: CR H7276-7301)
action_date: 2010-09-29
text: The previous question was ordered pursuant to the rule. (consideration: CR H7368)
action_date: 2010-09-29
text: Considered as unfinished business. (consideration: CR H7368-7369)
action_date: 2010-09-29
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the motion to concur in the Senate amendment to H.R. 2701, the Chair postponed further proceedings until later in the legislative day.
action_date: 2010-09-29
text: DEBATE - Pursuant to H.Res. 1674, the House proceeded with 1 hour of debate on the motion to concur in the Senate amendment to H.R. 2701.
action_date: 2010-09-29
text: Mr. Reyes moved that the House agree to the Senate amendment
action_date: 2010-09-29
text: Considered under the provisions of rule H. Res. 1674. (consideration: CR H7276-7312)
action_date: 2010-09-28
text: Message on Senate action sent to the House.
action_date: 2010-09-27
text: Passed Senate with an amendment by Unanimous Consent.
action_date: 2010-09-27
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
action_date: 2010-09-27
text: Measure laid before Senate by unanimous consent. (consideration: CR S7558-7559)
action_date: 2010-09-24
text: Received in the Senate.
action_date: 2010-02-26
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2010-02-26
text: On passage Passed by recorded vote: 235 - 168 (Roll no. 73).
action_date: 2010-02-26
text: Passed/agreed to in House: On passage Passed by recorded vote: 235 - 168 (Roll no. 73).
action_date: 2010-02-26
text: On motion to recommit with instructions Failed by recorded vote: 186 - 217 (Roll no. 72). (consideration: CR H950)
action_date: 2010-02-26
text: DEBATE - The House proceeded with 10 minutes of debate on the Hoekstra motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to coordinate high-value detainees associated with international terrorism.
action_date: 2010-02-26
text: Mr. Hoekstra moved to recommit with instructions to Intelligence (Permanent). (consideration: CR H948-950; text: CR H948)
action_date: 2010-02-26
text: The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text: CR 2/25/2010 H859-874)
action_date: 2010-02-26
text: The previous question was ordered pursuant to the rule. (consideration: CR H948)
action_date: 2010-02-26
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2701.
action_date: 2010-02-26
text: UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
action_date: 2010-02-26
text: The House resolved into Committee of the Whole House on the state of the Union for further consideration.
action_date: 2010-02-26
text: Considered as unfinished business. (consideration: CR H942-951)
action_date: 2010-02-26
text: Rule H. Res. 1113 passed House.
action_date: 2010-02-25
text: Rules Committee Resolution H. Res. 1113 Reported to House. Rule provides for consideration of H.R. 2701. The resolution provides for further consideration of H.R. 2701, the "Intelligence Authorization Act for Fiscal Year 2010." The resolution provides that amendment number 1 printed in House Report 111-419 shall be modified by striking the matter proposed to be inserted as section 506.
action_date: 2010-02-25
text: Committee of the Whole House on the state of the Union rises leaving H.R. 2701 as unfinished business.
action_date: 2010-02-25
text: On motion that the Committee rise. Agreed to by voice vote.
action_date: 2010-02-25
text: Mr. Reyes moved that the Committee rise.
action_date: 2010-02-25
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Schauer amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Schauer demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2010-02-25
text: DEBATE - Pursuant to the provisions of H.Res. 1105, the Committee of the Whole proceeded with 10 minutes of debate on the Schauer amendment.
action_date: 2010-02-25
text: DEBATE - Pursuant to the provisions of H.Res. 1105, the Committee of the Whole proceeded with 10 minutes of debate on the Walz amendment.
action_date: 2010-02-25
text: DEBATE - Pursuant to the provisions of H.Res. 1105, the Committee of the Whole proceeded with 10 minutes of debate on the Castle amendment.
action_date: 2010-02-25
text: DEBATE - Pursuant to the provisions of H.Res. 1105, the Committee of the Whole proceeded with 10 minutes of debate on the Holt amendment.
action_date: 2010-02-25
text: DEBATE - Pursuant to the provisions of H.Res. 1105, the Committee of the Whole proceeded with 10 minutes of debate on the Burton amendment.
action_date: 2010-02-25
text: DEBATE - Pursuant to the provisions of H.Res. 1105, the Committee of the Whole proceeded with 10 minutes of debate on the Arcuri amendment.
action_date: 2010-02-25
text: DEBATE - Pursuant to the provisions of H.Res. 1105, the Committee of the Whole proceeded with 10 minutes of debate on the Conaway amendment.
action_date: 2010-02-25
text: DEBATE - Pursuant to the provisions of H.Res. 1105, the Committee of the Whole proceeded with 10 minutes of debate on the Eshoo amendment.
action_date: 2010-02-25
text: DEBATE - Pursuant to the provisions of H.Res. 1105, the Committee of the Whole proceeded with 10 minutes of debate on the Rogers (MI) amendment.
action_date: 2010-02-25
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Hastings (FL) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Hastings(FL) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2010-02-25
text: DEBATE - Pursuant to the provisions of H.Res. 1105, the Committee of the Whole proceeded with 10 minutes of debate on the Hastings (FL) amendment.
action_date: 2010-02-25
text: DEBATE - Pursuant to the provisions of H.Res. 1105, the Committee of the Whole proceeded with 10 minutes of debate on the Hoekstra amendment.
action_date: 2010-02-25
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Reyes amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Hoekstra demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2010-02-25
text: DEBATE - Pursuant to the provisions of H.Res. 1105, the Committee of the Whole proceeded with 20 minutes of debate on the Reyes amendment.
action_date: 2010-02-25
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2701.
action_date: 2010-02-25
text: The Speaker designated the Honorable Donna F. Edwards to act as Chairwoman of the Committee.
action_date: 2010-02-25
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1105 and Rule XVIII.
action_date: 2010-02-25
text: Rule provides for consideration of H.R. 2701 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 of rule XXI. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Permanent Select Committee on Intelligence now printed in the bill.
action_date: 2010-02-25
text: Considered under the provisions of rule H. Res. 1105. (consideration: CR H849-895)
action_date: 2010-02-24
text: Rules Committee Resolution H. Res. 1105 Reported to House. Rule provides for consideration of H.R. 2701 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 of rule XXI.
action_date: 2009-07-08
text: Rules Committee Resolution H. Res. 618 Reported to House. Rule provides for consideration of H.R. 2701 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 of rule XXI. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Permanent Select Committee on Intelligence now printed in the bill.
action_date: 2009-06-26
text: Placed on the Union Calendar, Calendar No. 99.
action_date: 2009-06-26
text: Reported (Amended) by the Committee on Intelligence (Permanent). H. Rept. 111-186.
action_date: 2009-06-26
text: Reported (Amended) by the Committee on Intelligence (Permanent). H. Rept. 111-186.
action_date: 2009-06-18
text: Ordered to be Reported (Amended).
action_date: 2009-06-18
text: Committee Consideration and Mark-up Session Held.
action_date: 2009-06-04
text: Referred to the House Committee on Intelligence (Permanent Select).
action_date: 2009-06-04
text: Introduced in House
action_date: 2009-06-04
text: Introduced in House

Enacted as: number: 111-259