Summary: Improper Payments Elimination and Recovery Act of 2010 - (Sec. 2) Amends the Improper Payments Information Act of 2002 to expand requirements for identifying programs and activities susceptible to improper payments by requiring the head of each federal agency, during the year after the enactment of this Act and at least once every three fiscal years thereafter, to review and identify agency programs and activities that may be susceptible to significant improper payments. Defines "significant" to mean: (1) improper payments in the preceding fiscal year that may have exceeded $100 million or $10 million of all program and activity payments and 2.5% of program outlays; and (2) for fiscal years prior to FY2013, improper payments that may have exceeded $100 million or $10 million of all program and activity payments and 1.5% of program outlays. Sets forth risk factors to be considered in conducting improper payment reviews, including: (1) whether the program or activity reviewed is new to the agency; (2) the complexity of the program or activity; (3) the volume of payments made; (4) whether payment or payment eligibility decisions are made outside of the agency; (5) recent major changes in program funding, authorities, practices, or procedures; (6) the level, experience, and quality of personnel training; and (7) significant deficiencies in auditing practices. Revises requirements for estimating improper payments to require agency heads to: (1) produce a statistically valid estimate of the improper payments in their agencies; and (2) include such estimates in their annual financial statements. Expands agency reporting requirements on actions to reduce improper payments to require a statement of whether the agency has sufficient resources with respect to internal controls, human capital, and information systems and other infrastructure to prevent improper payments. Requires reports on actions to recover improper payments. Requires the Director of the Office of Management and Budget (OMB) to: (1) report each fiscal year to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs on actions agencies have taken to report information relating to improper payments and to recover such payments; (2) prescribe guidance to agencies to implement requirements of this Act; and (3) develop specific criteria as to when an agency should be required to obtain an opinion on internal control over mproper payments. Requires agency heads to: (1) conduct recovery audits for agency programs that expend $1 million or more annually if such audits would be cost-effective; (2) conduct financial management improvement programs that address problems that contribute directly to agency improper payments; and (3) impose certain requirements upon contractors performing recovery audits, including a requirement to report to the agency credible evidence of fraud or vulnerabilities to fraud, and conduct appropriate training of personnel on identification of fraud. Requires the Chief Financial Officers Council to conduct a study of the implementation and cost effectiveness of recovery audits and report on such study to the House Committee on Oversight and Government Reform, the Senate Committee on Homeland Security and Governmental Affairs, and the Comptroller General. (Sec. 3) Requires the Inspector General of each federal agency in each fiscal year to determine whether such agency is in compliance with the requirements of this Act and submit a report on that determination to the head of the agency, the House Committee on Oversight and Government Reform, the Senate Committee on Homeland Security and Governmental Affairs, and the Comptroller General. Deems an agency to be in compliance if such agency has conducted a program specific risk assessment and has published specified information, including improper payment estimates for all programs and activities, a corrective action plan, and improper payment reduction targets. Sets forth requirements for bringing noncompliant agencies into compliance. Authorizes the OMB Director to establish one or more pilot programs for testing accountability mechanisms for compliance with this Act and report to Congress on such programs. Requires the Chief Financial Officers Council and the Council of Inspectors General on Integrity and Efficiency to: (1) jointly examine the lessons learned in implementing the Chief Financial Officers Act of 1990 and identify reforms or improvements in federal financial management; and (2) report on such examination to the House Committee on Oversight and Government Reform, the Senate Committee on Homeland Security and Governmental Affairs, and the Comptroller General.

improper_payments_elimination recovery_act sec amends improper_payments_information_act expand requirements identifying programs activities susceptible improper payments requiring head federal agency year enactment act fiscal years review identify agency programs activities susceptible significant improper payments defines significant mean improper payments preceding fiscal year exceeded million million program activity payments program outlays fiscal years prior fy2013 improper payments exceeded million million program activity payments program outlays sets forth risk factors considered conducting improper payment reviews including program activity reviewed new agency complexity program activity volume payments payment payment eligibility decisions outside agency recent major changes program funding authorities practices procedures level experience quality personnel training significant deficiencies auditing practices revises requirements estimating improper payments require agency heads produce statistically valid estimate improper payments agencies include estimates annual financial statements expands agency reporting requirements actions reduce improper payments require statement agency sufficient resources respect internal controls human capital information systems infrastructure prevent improper payments requires reports actions recover improper payments requires director office_of_management_and_budget omb report fiscal year house_committee_on_oversight_and_government_reform senate_committee_on_homeland_security governmental_affairs actions agencies taken report information relating improper payments recover payments prescribe guidance agencies implement requirements act develop specific criteria agency required obtain opinion internal control payments requires agency heads conduct recovery audits agency programs expend million annually audits cost effective conduct financial management improvement programs address problems contribute directly agency improper payments impose certain requirements contractors performing recovery audits including requirement report agency credible evidence fraud vulnerabilities fraud conduct appropriate training personnel identification fraud requires chief financial officers council conduct study implementation cost effectiveness recovery audits report study house_committee_on_oversight_and_government_reform senate_committee_on_homeland_security governmental_affairs comptroller_general sec requires inspector general federal agency fiscal year determine agency compliance requirements act submit report determination head agency house_committee_on_oversight_and_government_reform senate_committee_on_homeland_security governmental_affairs comptroller_general deems agency compliance agency conducted program specific risk assessment published specified information including improper payment estimates programs activities corrective action plan improper payment reduction targets sets forth requirements bringing noncompliant agencies compliance authorizes omb director establish pilot programs testing accountability mechanisms compliance act report congress programs requires chief financial officers council council_of_inspectors_general_on_integrity_and_efficiency jointly examine lessons learned implementing chief financial officers act identify reforms improvements federal financial management report examination house_committee_on_oversight_and_government_reform senate_committee_on_homeland_security governmental_affairs comptroller_general


Summary: Protecting Resort Cities from Discrimination Act of 2009 - Prohibits a federal agency from establishing or implementing an internal policy that discourages or prohibits the selection of a travel, event, meeting, or conference location because it is perceived to be a resort or vacation destination.

discrimination act prohibits federal agency establishing implementing internal policy discourages prohibits selection travel event meeting conference location perceived resort vacation destination


Summary: Non-Federal Employee Whistleblower Protection Act of 2009 - Amends the Federal Property and Administrative Services Act of 1949 to repeal and replace provisions prohibiting reprisals against employees of government contractors for disclosing to a federal official information relating to a substantial violation of law related to a public contract. Prohibits an employee of any non-federal employer receiving covered funds (i.e., a contract, grant, or other payment any portion of of which is provided by the federal government) from being discriminated against as a reprisal for initiating or participating in any proceeding related to the misuse of federal funds, reasonably opposing the misuse of federal funds, or disclosing to specified federal agencies or officials information that the employee reasonably believes is evidence of: (1) gross mismanagement of an agency contract or grant relating to covered funds; (2) a gross waste of covered funds; (3) a substantial and specific danger to public health or safety, or an abuse of authority, related to the implementation or use of covered funds; or (4) a violation of a law, rule, or regulation related to an agency contract, subcontract, or grant relating to covered funds. Sets forth provisions regarding: (1) time limitations for agency inspector general determinations regarding whether to conduct or continue an investigation of a reprisal complaint; (2) the right of a complainant to pursue a civil remedy if an inspector general decides not to conduct or continue an investigation or an agency denies relief or fails to act with specified periods; (3) a complainant's access to the inspector general's investigative file; (4) the standard of proof for a reprisal; (5) agency actions to deny relief or to remedy a reprisal, including by requiring a compliance program to ensure that an employer commits no further retaliation or by requiring the employee to be paid ten times the amount of lost wages and other compensatory damages where the reprisal is found to have been willful, wanton, or malicious; and (6) non-enforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.

employee whistleblower protection act amends federal_property_and_administrative_services act repeal replace provisions prohibiting reprisals employees government contractors disclosing federal official information relating substantial violation law related public contract prohibits employee non federal employer receiving covered funds contract grant payment portion provided federal government discriminated reprisal initiating participating proceeding related misuse federal funds reasonably opposing misuse federal funds disclosing specified federal agencies officials information employee reasonably believes evidence gross mismanagement agency contract grant relating covered funds gross waste covered funds substantial specific danger public health safety abuse authority related implementation use covered funds violation law rule regulation related agency contract subcontract grant relating covered funds sets forth provisions time limitations agency inspector general determinations conduct continue investigation reprisal complaint right complainant pursue civil remedy inspector general decides conduct continue investigation agency denies relief fails act specified periods complainant access inspector general investigative file standard proof reprisal agency actions deny relief remedy reprisal including requiring compliance program ensure employer commits retaliation requiring employee paid times lost wages compensatory damages reprisal found willful wanton malicious non enforceability certain provisions waiving rights remedies requiring arbitration disputes


Summary: Requires a state approving agency (agency) that receives an application from an educational institution for approval of a course of education for purposes of the veterans' educational assistance program to respond in writing to such institution within 90 days. Requires an agency that disapproves of a course of education to transmit to the institution a justification for such disapproval. Authorizes the Secretary of Veterans Affairs to review and, if appropriate, overturn a negative agency determination.

requires state approving agency agency receives application educational institution approval course education purposes veterans educational assistance program respond writing institution days requires agency disapproves course education transmit institution justification disapproval authorizes secretary veterans_affairs review appropriate overturn negative agency determination


Summary: Federal Judicial Fairness Act of 2009 - Repeals the requirement limiting salary increases for federal judges or Supreme Court Justices to those specifically authorized by Act of Congress. Amends the federal judicial code to apply the same automatic annual cost-of-living adjustment to judicial salaries as takes effect under the General Schedule for civilian federal employees.

fairness act repeals requirement limiting salary increases federal judges supreme_court justices specifically authorized act congress amends federal judicial code apply automatic annual cost living adjustment judicial salaries takes effect general schedule civilian federal employees


Summary: Financial Services Systemic Risk Oversight Council Act of 2009 - Establishes the Financial Services Systemic Risk Oversight Council, whose Chairman shall be appointed by the President with the advice and consent of the Senate. Prohibits the Chairman from: (1) holding any other office for which appointment by the President and confirmation by the Senate are required; or (2) participating in federal election campaign activities. Designates the following as Council members: (1) the Secretary of the Treasury; (2) the Chairman of the Board of Governors of the Federal Reserve System; (3) the Comptroller of the Currency; (4) the Director of the Office of Thrift Supervision (OTS); (5) one individual, designated by the President, having expertise and experience in the protection of consumers of financial products; (6) the Chairman of the Securities and Exchange Commission (SEC); (7) the Chairman of the Commodity Futures Trading Commission (CFTC); (8) the Chairman of the Federal Deposit Insurance Corporation (FDIC); and (9) one individual designated by the President. Requires the Council to: (1) regulate systemic risk in the U.S. financial system; (2) monitor financial markets and financial companies to identify and address potential systemic risk; (3) evaluate the ability of the financial markets to function appropriately throughout the failure of U.S. Financial companies and foreign financial companies in a way that minimizes systemic risk; (4) establish criteria for the assignment of a primary prudential regulator to financial institutions which may pose a systemic risk which are not already subject to federal prudential regulation; and (5) establish minimum, mandatory prudential standards for the mitigation of systemic risk. Authorizes the Council to assign a primary prudential regulator to any U.S. or foreign nonbank financial company for which the Council determines one is necessary to mitigate systemic risk related to the company. Directs the FDIC to require a U.S. or foreign nonbank financial company that may pose a systemic risk to develop a plan for rapid and orderly resolution that: (1) is designed to mitigate systemic risk; and (2) does not contemplate and is not dependent upon the use of any extraordinary systemic resolution process that requires the President's approval. Authorizes the Council to recommend to the President that systemic resolution procedures be used to effect the orderly failure of a financial company in specified circumstances of default or danger of default. Requires each federal financial regulator to report annually to the Council and to specified congressional committees on actions to prevent, reduce, and mitigate the effects of systemic risk.

establishes chairman shall appointed president advice consent senate prohibits chairman holding office appointment president confirmation senate required participating federal election campaign activities designates following council members secretary treasury chairman board_of_governors federal_reserve_system comptroller currency director office_of_thrift_supervision ots individual designated president having expertise experience protection consumers financial products chairman securities_and_exchange_commission sec chairman commodity_futures_trading_commission cftc chairman federal_deposit_insurance_corporation fdic individual designated president requires council regulate systemic risk financial system monitor financial markets financial companies identify address potential systemic risk evaluate ability financial markets function appropriately failure companies foreign financial companies way minimizes systemic risk establish criteria assignment primary prudential regulator financial institutions pose systemic risk subject federal prudential regulation establish minimum mandatory prudential standards mitigation systemic risk authorizes council assign primary prudential regulator foreign nonbank financial company council determines necessary mitigate systemic risk related company directs fdic require foreign nonbank financial company pose systemic risk develop plan rapid orderly resolution designed mitigate systemic risk dependent use extraordinary systemic resolution process requires president approval authorizes council recommend president systemic resolution procedures effect orderly failure financial company specified circumstances default danger default requires federal financial regulator report annually council specified congressional committees actions prevent reduce mitigate effects systemic risk


Summary: Nullifies Internal Revenue Service Notice 2010-2 (guidance regarding the application of section 382 of the Internal Revenue Code to corporations whose instruments are acquired and disposed of by the Department of Treasury pursuant to the Emergency Economic Stabilization Act of 2008). Amends the Internal Revenue Code to prohibit the Secretary of the Treasury from prescribing any regulation after December 18, 2009, that provides an exemption or special rule under such section (provisions limiting net operating loss carryforwards and certain built-in losses following a change in corporate ownership) that is restricted to the disposition of corporate instruments acquired by the Secretary, unless Congress specifically authorizes the exemption or special rule.

notice guidance application section internal revenue code corporations instruments acquired disposed department_of_treasury pursuant emergency_economic_stabilization_act amends internal revenue code prohibit secretary treasury prescribing regulation december provides exemption special rule section provisions limiting net operating loss certain built losses following change corporate ownership restricted disposition corporate instruments acquired secretary congress specifically authorizes exemption special rule


Summary: Executive Order Integrity Act of 2009 - Requires revocations, modifications, waivers, and suspensions of presidential proclamations and executive orders to be published in the Federal Register within 30 days after such actions.Requires any such information which is classified to be provided to Congress, using the security procedures established under the National Security Act of 1947, in the form of a classified annex delivered to: (1) the Majority and Minority Leaders of the Senate; (2) the Speaker, and Majority and Minority Leaders of the House of Representatives; (3) the congressional judiciary committees; and (4) if the information pertains to national security matters, the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House.

executive order integrity act requires revocations modifications waivers suspensions presidential executive orders published federal_register days actions requires information classified provided congress security procedures established national security act form classified annex delivered majority minority leaders senate speaker majority minority leaders house_of_representatives congressional judiciary committees information pertains national security matters


Summary: Government Accountability Office Improvement Act of 2010 - Authorizes the Comptroller General to: (1) obtain federal agency records required to discharge his or her duties, including through bringing civil actions under this Act; and (2) make and retain copies of agency records. Requires the Comptroller General's [sic] prior express approval for the Comptroller General to administer oaths to witnesses when investigating fraud or attempts to defraud the United States, or irregularity or misconduct of a federal employee or agent. States that no provision of the Social Security Act, the Federal Food, Drug, and Cosmetic Act, the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (including any information disclosed to the Assistant Attorney General of the Antitrust Division of the Department of Justice (DOJ) or the Federal Trade Commission (FTC) for purposes of pre-merger review under the Clayton Act) shall be construed to limit, amend, or supersede the Comptroller General's authority to obtain any information, inspect, or copy any record under this Act. Requires the Comptroller General to prescribe policies and procedures to protect from public disclosure proprietary or trade secret information obtained pursuant to the authority of the Government Accountability Office (GAO). Declares that nothing in this Act shall be construed to: (1) alter or amend the prohibitions against the disclosure of trade secret or other sensitive information prohibited by federal and other applicable laws; or (2) affect the applicability of this Act, including the protections against unauthorized disclosure to obtained information. Requires agency statements on actions taken or planned in response to Comptroller General recommendations to be submitted to the congressional committees with jurisdiction over the pertinent agency program or activity and to GAO.

authorizes comptroller general obtain federal agency records required discharge duties including bringing civil actions act retain copies agency records requires comptroller_general sic prior express approval comptroller_general administer oaths witnesses investigating fraud attempts defraud united_states misconduct federal employee agent states provision social security act cosmetic act scott antitrust improvements act including information disclosed assistant attorney general antitrust_division_of_the_department_of_justice doj federal_trade_commission ftc purposes pre merger review clayton act shall construed limit amend supersede comptroller_general authority obtain information inspect copy record act requires comptroller general prescribe policies procedures protect public disclosure proprietary trade secret information obtained pursuant authority government_accountability_office gao declares act shall construed alter amend prohibitions disclosure trade secret sensitive information prohibited federal applicable laws affect applicability act including protections unauthorized disclosure obtained information requires agency statements actions taken planned response comptroller_general recommendations submitted congressional committees jurisdiction pertinent agency program activity gao


Summary: National Institute of Finance Act of 2010 - Establishes an independent National Institute of Finance (NIF) to support the federal financial regulatory agencies, including any systemic risk council or agency established by Congress, by: (1) collecting and providing data; (2) standardizing the types and formats of data reported and collected; (3) performing applied research and essential long-term research; (4) developing tools for risk measurement and monitoring; and (5) making the results of its activities available to financial regulatory agencies. Requires the NIF Director to be appointed by the President, by and with the advice and consent of the Senate, and the NIF to be funded through assessments on the financial entities required to report data to it. States that the Institute shall implement its programmatic responsibilities through: (1) the Federal Financial Data Center; and (2) the Federal Financial Research and Analysis Center.

act establishes independent support federal financial regulatory agencies including systemic risk council agency established congress collecting providing data types formats data reported collected performing applied research essential long term research developing tools risk measurement monitoring making results activities available financial regulatory agencies requires director appointed president advice consent senate funded assessments financial entities required report data states institute shall implement programmatic responsibilities


Summary: Job Impact Analysis Act of 2010 - Amends the Congressional Budget and Impoundment Control Act of 1974 to require the Director of the Congressional Budget Office (CBO) to include in the statement submitted to an authorizing congressional committee for a public bill or joint resolution reported by that committee for which estimated direct costs of all federal intergovernmental mandates, or all federal private sector mandates, will equal or exceed $5 billion (adjusted annually for inflation) estimates of the potential job creation or job loss in state, local, and tribal governments, or in the private sector, as a result of such mandates. Amends the Regulatory Flexibility Act to require: (1) each initial regulatory flexibility analysis to contain a detailed statement estimating the additional cumulative economic impact of the proposed rule on small businesses; (2) an agency to notify the Chief Counsel for Advocacy of the Small Business Administration (SBA) of any draft rules that may have a significant economic impact on a substantial number of small businesses; (3) each final regulatory flexibility analysis to include the agency's response to any comments filed by the Chief Counsel in response to the proposed rule; and (4) the agency to publish the final regulatory flexibility analysis on its website. Requires each agency: (1) to place on its website its plan for the periodic review of rules, providing for the review of all agency rules at specified intervals; and (2) in reviewing the rules, to consider specified factors, including the continued need for the rule, the nature of complaints received, and the rule's complexity and current impact. Requires: (1) the Office of Advocacy of the SBA to carry out responsibilities concerning the analysis of regulatory functions; (2) each federal budget to include a separate statement of the amount requested for the Office, designated in a separate account in the General Fund of the Treasury; and (3) the SBA Administrator to provide the Office with appropriate office space and necessary equipment, operating budget, communications, and maintenance services.

job impact analysis act amends congressional_budget impoundment control act require director congressional_budget_office cbo include statement submitted authorizing congressional committee public bill joint resolution reported committee estimated direct costs federal intergovernmental mandates federal private sector mandates equal exceed billion adjusted annually inflation estimates potential job creation job loss state local tribal governments private sector result mandates amends regulatory flexibility act require initial regulatory flexibility analysis contain detailed statement estimating additional cumulative economic impact proposed rule small businesses agency notify chief counsel advocacy small_business_administration sba draft rules significant economic impact substantial number small businesses final regulatory flexibility analysis include agency response comments filed chief counsel response proposed rule agency publish final regulatory flexibility analysis website requires agency place website plan periodic review rules providing review agency rules specified intervals reviewing rules consider specified factors including continued need rule nature complaints received rule complexity current impact requires carry responsibilities concerning analysis regulatory functions federal budget include separate statement requested office designated separate account general_fund treasury sba administrator provide office appropriate office space necessary equipment operating budget communications maintenance services


Summary: Reduce Bureaucracy Act - Directs the President, acting through the Office of Management and Budget (OMB) and the Office of Personnel Management (OPM), to take such actions as necessary to ensure that the total number of political appointees shall not exceed 2,000. Defines "political appointee" to mean any individual who: (1) is employed in specified positions at Levels I through V of the Executive Schedule; (2) is a limited term appointee, limited emergency appointee, or noncareer appointee in the senior executive service; or (3) is employed in a position in the executive branch of a confidential or policy-determining character.

president acting office_of_management_and_budget omb actions necessary ensure total number political appointees shall exceed defines political appointee mean individual employed specified positions levels executive schedule limited term appointee limited emergency appointee appointee senior executive service employed position executive branch confidential policy determining character


Summary: International Cyberspace and Cybersecurity Coordination Act of 2010 - Amends the State Department Basic Authorities Act of 1956 to establish within the office of the Secretary of State a Coordinator for Cyberspace and Cybersecurity Issues who shall: (1) be the principal official within senior Department management responsible for cyberspace and cybersecurity issues; (2) provide strategic direction and coordination for U.S. policy and programs addressing cyberspace and cybersecurity issues overseas; (3) coordinate with relevant federal departments and agencies and the intelligence community to develop interagency cyberspace and cybersecurity plans; and (4) build multilateral cooperation to develop international policies and responses to secure the integrity of cyberspace. Urges the Secretary to designate an employee to have primary responsibility for matters relating to cyberspace and cybersecurity policy in each country or region that is significant to U.S. cybersecurity efforts.

cybersecurity coordination act amends state_department basic authorities act establish office secretary state coordinator cyberspace cybersecurity issues shall principal official senior department management responsible cyberspace cybersecurity issues provide strategic direction coordination policy programs addressing cyberspace cybersecurity issues overseas coordinate relevant federal departments agencies intelligence community develop interagency cyberspace cybersecurity plans build multilateral cooperation develop international policies responses secure integrity cyberspace urges secretary designate employee primary responsibility matters relating cyberspace cybersecurity policy country region significant cybersecurity efforts


Summary: Directs the Comptroller General to carry out a study on the participation of small business concerns owned and controlled by socially and economically disadvantaged individuals, minority business enterprises, and women in procurement contracts awarded using funds made available under the American Recovery and Reinvestment Act of 2009 (ARRA), including evaluating whether federal agencies have met the government-wide goals established under the Small Business Act for procurement contracts awarded to small business concerns.

directs comptroller general carry study participation small business concerns owned controlled socially economically disadvantaged individuals minority business enterprises women procurement contracts awarded funds available american_recovery_and_reinvestment_act arra including evaluating federal agencies met government wide goals established small business act procurement contracts awarded small business concerns


Summary: Stop Cozy Relationships with Big Oil Act of 2010 - Prohibits an employee of the Minerals Management Service (Service) of the Department of the Interior, or a successor agency, from: (1) knowingly accepting a gift from an entity engaged in the business of mineral mining; (2) owning stock or any other interest in an entity engaged in the business of mineral mining during such employee's employment by the Service; (3) being employed (outside employment) by an entity engaged in the business of mineral mining during such employee's employment in the Service; or (4) working for an entity engaged in the business of mineral mining during the two-year period beginning on the date of termination of employment by the Service. Requires financial disclosure by employees of the Service in positions equivalent to GS-13 or higher. Prescribes criminal penalties for violations of these prohibitions. Amends federal criminal law to subject to fine or imprisonment any officer, employee, or agent of the Service who knowingly and willfully makes a materially false, fictitious, or fraudulent statement or representation in the conduct of activities relating to oil and gas regulation.

big oil act prohibits employee department_of_the_interior successor agency knowingly accepting gift entity engaged business mineral mining owning stock interest entity engaged business mineral mining employee employment service employed outside employment entity engaged business mineral mining employee employment service working entity engaged business mineral mining year period beginning date termination employment service requires financial disclosure employees service positions equivalent higher prescribes criminal penalties violations prohibitions amends federal criminal law subject fine imprisonment officer employee agent service knowingly willfully makes materially false fictitious fraudulent statement representation conduct activities relating oil gas regulation


Summary: Clean Up Earmarks Act of 2010 or CUE Act of 2010 - Requires the Comptroller General to submit an audit to Congress of 5% of Senate earmarks for the current fiscal year chosen at random. Requires the audit to include: (1) an adequate number of earmarks of small and large programs; (2) 50% of earmarks that have been requested by at least one Democratic Senator and one Republican Senator, respectively; and (3) 50% of earmarks requested by members and 50% of those requested by non-members, respectively, of the Senate Committee on Appropriations. Amends Rule XLIV (Congressional Directed Spending and Related Items) of the Standing Rules of the Senate to require an affirmative vote of two-thirds (currently, three-fifths [60]) of the Members of the Senate to: (1) authorize a Senator to move to waive any or all points of order with respect to a pending conference report that constitutes new directed spending provisions; and (2) sustain an appeal of the ruling of the Chair regarding such point of order. Requires the Secretary of the Senate and the Clerk of the House of Representatives to take necessary steps to improve the website earmarks.gov to: (1) make earmarks more easily searchable by the requesting Member of Congress and by any federally registered lobbyist who requested them; and (2) ensure that the website is user friendly and does not include extraneous information. Expresses the sense of the Senate that the subcommittees of the Committee should hold separate hearings on earmark requests in excess of $1 million and of $5 million, respectively, during which Members who requested them should be invited to testify. Amends Rule XLIV to require all congressionally directed spending items to be included in the text of an appropriations or authorization bill and any related conference report. Requires each request by a Senator for a congressionally directed spending item for such a bill to be posted on the Senator's website within 48 hours, including specified related information. Makes it out of order to consider an appropriations or authorization bill, amendment, or conference report if it contains a congressionally directed spending item for a private for-profit entity. Requires a Senator to: (1) require any eligible entity that requests an earmark submission from the Senator to include a written disclosure in that earmark request of the identity of any for-profit, private company that might directly benefit financially from the award of the earmark; and (2) submit the disclosed beneficiary identity in writing to the Committee with any corresponding earmarks request made by the Senator, and include the beneficiary disclosure in the disclosure of earmarks required to be posted on the Senator's website. Amends the Lobbying Disclosure Act of 1995 to require reports by registered lobbyists to include, for each client, the amount of congressional earmarks requested from Congress on the client's behalf and a detailed accounting of each such earmark.

clean requires comptroller general submit audit congress senate earmarks current fiscal year chosen random requires audit include adequate number earmarks small large programs earmarks requested democratic senator senator respectively earmarks requested members requested non members respectively amends rule congressional directed spending related items standing rules senate require affirmative vote thirds currently fifths members senate authorize senator waive points order respect pending conference report constitutes new directed spending provisions sustain appeal ruling chair point order requires secretary senate clerk house_of_representatives necessary steps improve website earmarks easily searchable requesting member congress federally registered lobbyist requested ensure website user friendly include information expresses sense senate subcommittees committee hold separate hearings earmark requests excess million million respectively members requested invited testify amends rule require congressionally directed spending items included text appropriations authorization bill related conference report requires request senator congressionally directed spending item bill posted senator website hours including specified related information makes order consider appropriations authorization bill amendment conference report contains congressionally directed spending item private profit entity requires senator require eligible entity requests earmark submission senator include written disclosure earmark request identity profit private company directly benefit financially award earmark submit disclosed beneficiary identity writing committee corresponding earmarks request senator include beneficiary disclosure disclosure earmarks required posted senator website amends lobbying disclosure act require reports registered lobbyists include client congressional earmarks requested congress client behalf detailed accounting earmark


Summary: 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 following: (1) Office of the Director of National Intelligence (DNI); (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 (NGIA); and (13) Department of Homeland Security (DHS). (Sec. 102) Specifies that the amounts authorized and the authorized personnel levels 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 DNI 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. Authorizes the DNI to convert to performance by intelligence community (IC) personnel activities currently performed by contractor employees. Requires notification of the congressional intelligence committees in either case. Requires the DNI to establish guidelines to govern the treatment under authorized personnel levels of employment or assignment in: (1) a student program, trainee program, or similar program; (2) a reserve corps or as a reemployed annuitant; or (3) details, joint duty, or long term, full-time training. (Sec. 104) Authorizes appropriations for the Intelligence Community Management Account of the DNI for FY2010, as well as for full-time personnel for elements within such Account. (Sec. 105) 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. 106) Requires the budgetary effects of this Act to be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" 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) 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 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 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 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 "employee" with "program participant." Repeals the requirement that 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, by September 30, 2010, 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 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. 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 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 "Procedures Used in Narcotics Airbridge Denial Program in Peru, 1995-2001." (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) Incorporates into this Act each requirement to submit a report to the intelligence committees that is included in the classified annex to this Act. (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, DIA, NGIA, 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 "intelligence community." (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.

intelligence authorization act fiscal year title budget personnel authorizations sec authorizes appropriations fy2010 conduct intelligence intelligence related activities following office director national_intelligence dni central intelligence agency cia department defense dod defense intelligence agency dia national_security_agency nsa departments army navy air_force coast guard departments state treasury energy justice federal_bureau_of_investigation fbi drug enforcement administration dea national_reconnaissance_office nro national_geospatial-intelligence_agency ngia department_of_homeland_security dhs sec specifies amounts authorized authorized personnel levels september activities specified classified schedule authorizations shall available congressional appropriations committees president sec allows dni authorize employment civilian personnel excess number authorized fy2010 necessary performance important intelligence functions authorizes dni convert performance intelligence community personnel activities currently performed contractor employees requires notification congressional intelligence committees case requires dni establish guidelines govern treatment authorized personnel levels employment assignment student program trainee program similar program reserve corps reemployed annuitant details joint duty long term time training sec authorizes appropriations intelligence_community_management_account dni fy2010 time personnel elements account sec prohibits authorization appropriations act deemed constitute authority conduct intelligence activity authorized constitution laws united_states sec requires budgetary effects act determined reference latest statement titled budgetary effects paygo legislation act long statement submitted prior vote passage act title central intelligence agency retirement disability system sec authorizes appropriations fy2010 central_intelligence_agency_retirement_and_disability_fund title iii general intelligence community matters subtitle personnel matters sec permits appropriations authorized act salary pay retirement benefits federal employees increased additional supplemental amounts necessary increases compensation benefits authorized law sec amends national security act allow federal officer employee member armed_forces detailed staff element funded national_intelligence_program element federal government reimbursable nonreimbursable basis jointly agreed heads receiving detailing element period years sec authorizes dni fix rates pay critical positions excess applicable limit rate payable level executive schedule requires head department agency dni grants increased compensation authority notify intelligence committees dni days exercise authority sec authorizes president award ranks members senior civilian officers covered rank award program sec requires dni annually prepare submit intelligence committees personnel level assessment elements sec authorizes additional time equivalent positions office_of_the_dni fiscal year fill positions absent employee participation critical language training provision language capable services temporary basis requires dni report annually intelligence committees use authority provided section sec directs dni issue regulations prohibiting officer employee engaging outside employment employment creates conflict interest appearance thereof report annually intelligence committees outside employment officers employees authorized head element subtitle education programs sec makes permanent program originally pilot program intelligence authorization act fiscal year allows scholarship funds tuition books travel expenses stipend sec amends national_security_agency_act extend graduate students addition undergraduates individuals employed federal government replaces term employee program participant repeals requirement nsa publicly identify participating educational institutions scholarship students nsa employees training program participants authorizes elements nsa establish undergraduate graduate training programs prospective current employees similar nsa programs sec authorizes dni carry programs enhance recruitment retention ethnically culturally diverse workforce capabilities critical national security interests authorizes use grants programs institutions higher education establishment continued development programs study aimed meeting current emerging needs requires regular reports institutions receiving grants repeals similar programs certain prior acts sec authorizes dni establish pilot program intensive language instruction african languages terminates pilot program years authorizes appropriations subtitle acquisition matters sec requires dni conduct submit intelligence committees initial vulnerability assessment major system significant items supply prior completion milestone equivalent acquisition decision prior year enactment act acquisition decision completed prior date enactment allows day extension submission assessment justified dni committees requires subsequent assessments periodically life span system warranted change circumstances request intelligence committee requires dni consideration assessments developing determining annual national_intelligence_program nip budget provide intelligence committees copy assessment proposed schedule subsequent assessments provides limits obligation funding major systems assessments required assessments timely submitted sec prohibits funds appropriated element obligated business system transformation having total cost excess million transformation certified complying intelligence enterprise architecture dni policy standards necessary achieve critical national security objective prevent significant adverse effect essential project certification approved board business system transformation governance structure requires dni develop implement enterprise architecture cover business systems functions activities supported systems dni establish implement september investment review process business systems dni include annual budget materials specified information concerning business system budget funding proposed dni establish board certain actions implement section dni report intelligence committees concerning compliance requirements section sec directs program manager system submit quarterly dni major system cost report including system total acquisition cost cost schedule variances changes milestones performance measures requires additional reports program manager case cost increases equal greater significant critical cost growth threshold system requiring dni notify congress cost growth prohibits obligation funding system dni failure submit notification provides treatment cost increases occurring prior enactment act sec requires dni determination major system cost increase greater equal critical cost growth threshold system determine root cause causes cost growth carry assessment projected costs completing system costs alternative system need reduce funding systems cost growth requires termination system dni submits congress major system report certifying necessity additional costs requires specified dni actions major system terminated including restructure addresses root causes cost growth major system terminated including alternative plans meet intelligence requirements met system allows dni waive certain requirements respect terminated system determining current baseline estimate system expended notifying intelligence committees determination sec requires dni provide intelligence committees year future year intelligence plan expenditure center major system nip requires dni provide committees long term element nip acquiring major system includes budget year period following budget year proposed funding included plan requires plan projection submitted congress annual intelligence budget major system affordability report concerning acquisition major system funded nip sec allows dni authorize head element exercise acquisition authority authorized cia acquisition funded nip provides acquisition authority limits similar provided act subtitle congressional oversight plans reports sec requires reports president dni head element intelligence committees intelligence activities covert actions written include legal basis activity action conducted requires covert action finding president reported writing reasons limited access finding notice significant change finding outlines specific factors taken consideration president determining activity constitutes significant undertaking purposes required congressional notification concerning activities covert actions directs president maintain record member congress finding reported notice provided sec requires head element annually submit intelligence committees certification compliance congressional notification requirements information required submitted properly submitted statement reasons head element unable submit certification description information properly submitted assurance information submitted soon possible sec directs dni report intelligence committees detention interrogation policies procedures requires appropriate parts report submitted defense judiciary committees report addresses element dod department_of_justice doj sec directs dni publicly available unclassified summary intelligence relating recidivism detainees currently held dod guantanamo_bay cuba likelihood detainees engage terrorism communicate persons terrorist organizations sec directs dni report intelligence committees intelligence collection efforts dedicated assessing threat biological weapons posed state non state rogue actors efforts protect biodefense knowledge infrastructure sec requires president notify congress existing cybersecurity program provide notification days commencement operations new cybersecurity program outlines information required notification including legal basis program assessment privacy impact respect civil liberties directs head federal department agency responsibility cybersecurity program notification submitted report congress president results audit review program legality program implementation update report annually appropriate information concerning newly implemented program requires reports congress president heads federal department agency responsibility cybersecurity program notification submitted directs inspectors general dhs report jointly congress president status sharing cyber threat information requires dni submit congress plan recruiting retaining training highly qualified cybersecurity workforce secure networks report guidelines recommended legislation improve cybersecurity annual report updates terminates authorities section december sec directs dni report annually years intelligence defense committees proficiency foreign languages appropriate foreign element sec requires dni report intelligence committees plans element increase diversity sec directs dni report intelligence defense committees use personal services contracts impact workforce plans conversion contractor employment government employment accountability mechanisms govern performance contracts sec requires inspector general study report intelligence committees electronic waste destruction practices sec requires cia director conduct classification review cia records relevant known potential health effects suffered veterans operation described report gulf war veterans illnesses report review results congress sec requires fbi director submit congress review constraints international foreign laws assertion enforcement jurisdiction respect criminal investigations terrorism offenses laws conducted fbi agents foreign nations nip funds sec directs dni publicly available unclassified version report entitled procedures narcotics denial program sec requires dni report congress summarizing intelligence related threat weapons use radiological materials including highly substances sec directs dni report congress feasibility advisability creating national space intelligence office manage space related intelligence assets access assets sec requires dni report congress attempt explosive device aboard flight december report include failures share analyze intelligence information measures taken prevent failures sec repeals specified intelligence related report requirements national security act prior intelligence authorization acts sec incorporates act requirement submit report intelligence committees included classified annex act sec makes conforming changes national security act necessitated changes act subtitle matters sec extends elements current federal authority delete federal gift listing requirements information concerning receipt disposition foreign gifts decorations element head certifies secretary state publication information adversely affect intelligence sources methods sec allows reprogramming transfer funds different intelligence intelligence related activity addition requirements new use support emergency need improve program effectiveness increase efficiency sec increases maximum terms imprisonment disclosure identities undercover intelligence officers agents sec amends implementing recommendations commission act direct president date annual budget submitted disclose aggregate appropriations requested fiscal year nip direct dni days fiscal year disclose aggregate funds appropriated congress nip fiscal year authorizes president waive disclosure submitting intelligence committees statement disclosure damage national security reasons therefor sec authorizes public_interest_declassification_board conduct declassification reviews response requests individual committee members current law allows requests committee jurisdiction sec revises permitted delegation authority fbi attorney general certify certain undercover operations order collect foreign intelligence counterintelligence sec directs president years conduct audit manner executive branch determines security clearance required particular position government submit audit results congress report annually congress security clearance process submit time report security clearance investigations adjudications including metrics adjudication quality requires inspector general conduct audit reciprocity security clearances elements report audit results intelligence committees sec requires heads cia dia ngia nro nsa designate senior intelligence management official responsible correcting long standing material weakness reported annual financial report agency prior fy2007 correction substantially dependent business system implemented prior end fy2010 directs identified official notify appropriate agency head material weakness corrected requiring independent review determination requires appropriate agency head independent review confirmed correction notify intelligence committees correction sec directs dni review status auditability compliance element develop plan schedule achieve unqualified audit element later end fy2013 title matters relating elements intelligence_community_-_subtitle office director requires dni conduct accountability reviews elements personnel relation failures deficiencies establish guidelines procedures conducting reviews sec authorizes dni expend funds funds available federal departments agencies develop systems related collection processing analysis exploitation dissemination intelligence information provide nip funds non nip programs address critical gaps intelligence information sharing access capabilities authorizes department agency heads use funds available dni purposes sec allows office_of_the_dni located washington metropolitan area allowing location outside district_of_columbia sec renames dni chief information officer chief information officer intelligence_community sec establishes outlines inspector general powers duties responsibilities including appointment authorizes dni prohibit inspector general initiating carrying completing investigation inspection audit review dni determines prohibition necessary protect vital national security interests requiring dni notify intelligence committees exercise authority establishes consisting inspectors general oversight responsibility element requires semiannual reports inspector_general dni inspector_general activities reports transmitted intelligence committees inspector general report immediately dni aware particularly flagrant problems abuses deficiencies relating programs activities responsibility authority dni reports transmitted intelligence committees provides protections employees making disclosures inspector general connection investigations audits reviews conformance directs dni include nip budget separate account office_of_the_inspector_general repeals superseded authority inspector general act sec establishes office_of_the_dni chief financial officer intelligence_community specified financial oversight duties sec designates head national_counter_proliferation_center director national_counter_proliferation_center shall appointed dni locates center office_of_the_dni sec exempts search review publication disclosure requirements freedom information act certain operational files office_of_the_dni provided elements provides exemption exceptions requires dni years review exempted operational files determine files portion thereof removed exemption provides judicial review allegation improper withholding records use exemption sec repeals requirement dni carry certain counterintelligence security functions office_of_the_national_counterintelligence_executive sec makes provisions federal_advisory_committee_act inapplicable advisory committees office_of_the_dni requires annual report dni cia director creation advisory committees sec replaces cia director dni membership transportation_security_oversight_board sec repeals certain administrative authorities office_of_the_national_counterintelligence_executive sec prohibits unauthorized use official initials seal attorney general initiate civil proceedings enjoin acts practices sec directs dni develop submit intelligence committees plan implement recommendations contained specified environmental_protection_agency epa report improving data center energy efficiency sec authorizes dni provide support review conducted federal department agency including controls technologies goods list commerce control list subtitle central intelligence agency sec authorizes cia director provide security personnel protection dni personnel office_of_the_dni dni designate sec amends contracts disputes act allow appeal decision cia contracting officer filed specified contract sec establishes position deputy director cia specified duties sec allows cia director delegate appropriate cia officials authority travel common carriers intelligence collection personnel sec amends central_intelligence_agency act require appointment cia inspector general basis demonstrated ability regard political affiliation expand protection whistleblower reprisals include cia employee provides information cia inspector general gives inspector general final approval candidates employment office_of_the_inspector_general requires inspector general appoint counsel reports directly inspector general sec directs dni transmit president year budget requested cia inspector general provide information intelligence appropriations committees sec requires cia director publicly available unclassified version memorandum finished intelligence product assessing information gained high value detainee reporting dated april july march june subtitle defense intelligence components sec amends inspector general act require heads nro dia nsa ngia appoint independent inspectors general agencies giving inspectors general information gathering power independence currently held inspectors general federal agencies allows secretary defense prohibit inspector general element initiating carrying completing audit investigation secretary determines prohibition necessary protect vital national security interests requires notification determination defense intelligence committees sec requires ngia directed dni develop system facilitate analysis dissemination incorporation national_system_for_geospatial-intelligence likenesses videos presentations produced ground based platforms including handheld clandestine photography taken behalf human intelligence collection organizations available open source information sec amends national_security_agency_act establish position director compliance national_security_agency responsible programs compliance nsa mission activities subtitle elements sec includes appropriate elements coast_guard dea definition intelligence community sec authorizes use certain coast_guard funding research development test evaluation related intelligence systems capabilities sec makes permanent fbi authority pay retention relocation bonuses employees unusually high unique qualifications fbi special need sec extends fbi authority waive certain federal mandatory retirement provisions determined public interest allowing employment age sec requires fbi director report intelligence judiciary committees long term vision intelligence capabilities fbi strategic plan branch progress advancing capabilities branch assessment branch effectiveness performing tasks critical function intelligence agency directs dni submit annually intelligence judiciary committees assessment branch progress performing tasks title reorganization sec amends intelligence authorization act fiscal year reorganize responsible supporting telecommunications network government agencies departments operating diplomatic consular facilities abroad establishes replacing current direct oversee office activities outlines related board duties authorities activities including ensuring enhancements provision service telecommunication capabilities involve national security interests receive highest prioritization authorizes appropriations repeals prior inconsistent provisions title foreign_intelligence_and_information_commission act foreign intelligence information commission act sec establishes legislative branch foreign_intelligence_and_information_commission undertake certain evaluations provide recommendations relating collection reporting analysis foreign intelligence information requires interim commission report intelligence committees final commission report president dni secretary state intelligence foreign relations committees terminates commission days final report makes federal_advisory_committee_act inapplicable commission authorizes appropriations title vii matters sec amends intelligence authorization act fiscal year extend date final report united_states_intelligence_community september year commission members appointed requires new members appointed commission authorizes appropriations repeals existing funding authority act sec authorizes dni conduct request intelligence committees classification review materials possession committee years old created provided committee entity executive branch title viii technical amendments sec makes technical clarifying amendments foreign_intelligence_surveillance_act central_intelligence_agency act national security act national_defense_authorization_act fiscal year provisions relating intelligence_reform_and_terrorism_prevention_act provisions relating pay levels certain intelligence officials prior year intelligence authorization acts