IIB 

109TH CONGRESS 

1ST SESSION H. R. 2475

IN THE SENATE OF THE UNITED STATES 

JUNE 22, 2005

Received; read twice and referred to the Select Committee on Intelligence 

AN ACT

To authorize appropriations for fiscal year 2006 for intelligence and intelligence-related activities of the United 

States Government, the Community Management Account, and the Central Intelligence Agency Retirement 

and Disability System, and for other purposes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Intelligence Authorization Act for Fiscal Year 2006’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows:

Sec. 1. Short title; table of contents. 

TITLE I—INTELLIGENCE ACTIVITIES 

Sec. 101. Authorization of appropriations. 

Sec. 102. Classified Schedule of Authorizations. 

Sec. 103. Personnel ceiling adjustments. 

Sec. 104. Intelligence Community Management Account. 

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 

DISABILITY SYSTEM 

Sec. 201. Authorization of appropriations. 

TITLE III—GENERAL PROVISIONS 

Sec. 301. Increase in employee compensation and benefits authorized by law. 

Sec. 302. Restriction on conduct of intelligence activities. 

Sec. 303. Clarification of delegation of transfer or reprogramming authority. 

Sec. 304. Additional duties for the Director of Science and Technology. 

Sec. 305. Comprehensive inventory of special access programs. 

Sec. 306. Sense of Congress on budget execution authority procedures. 

Sec. 307. Sense of Congress with respect to multi-level security clearances. 

Sec. 308. Reports on failure to timely implement the National Counterterrorism 

Center.

8 TITLE I—INTELLIGENCE 

9 ACTIVITIES 

10 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal year 2006 for the conduct of the intelligence and 

13 intelligence-related activities of the following elements of 

14 the United States Government: 

15 (1) The Office of the Director of National Intel16 ligence. 

17 (2) The Central Intelligence Agency. 

18 (3) The Department of Defense. 
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1 (4) The Defense Intelligence Agency. 

2 (5) The National Security Agency. 

3 (6) The Department of the Army, the Depart4 ment of the Navy, and the Department of the Air 

5 Force. 

6 (7) The Department of State. 

7 (8) The Department of the Treasury. 

8 (9) The Department of Energy. 

9 (10) The Department of Justice. 

10 (11) The Federal Bureau of Investigation. 

11 (12) The National Reconnaissance Office. 

12 (13) The National Geospatial-Intelligence Agen13 cy. 

14 (14) The Coast Guard. 

15 (15) The Department of Homeland Security. 

16 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

17 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

18 CEILINGS.—The amounts authorized to be appropriated 

19 under section 101, and the authorized personnel ceilings 

20 as of September 30, 2006, for the conduct of the intel21 ligence and intelligence-related activities of the elements 

22 listed in such section, are those specified in the classified 

23 Schedule of Authorizations prepared to accompany the bill 

24 H.R. 2475 of the One Hundred Ninth Congress. 
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1 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU2 THORIZATIONS.—The Schedule of Authorizations shall be 

3 made available to the Committees on Appropriations of 

4 the Senate and House of Representatives and to the Presi5 dent. The President shall provide for suitable distribution 

6 of the Schedule, or of appropriate portions of the Sched7 ule, within the executive branch. 

8 SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 

9 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap10 proval of the Director of the Office of Management and 

11 Budget, the Director of National Intelligence may author12 ize employment of civilian personnel in excess of the num13 ber authorized for fiscal year 2006 under section 102 

14 when the Director of National Intelligence determines that 

15 such action is necessary to the performance of important 

16 intelligence functions. 

17 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The 

18 Director of National Intelligence shall notify promptly the 

19 Select Committee on Intelligence of the Senate and the 

20 Permanent Select Committee on Intelligence of the House 

21 of Representatives whenever the Director exercises the au22 thority granted by this section. 
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1 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC2 COUNT. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated for the Intelligence Commu5 nity Management Account of the Director of National In6 telligence for fiscal year 2006 the sum of $446,144,000. 

7 Within such amount, funds identified in the classified 

8 Schedule of Authorizations referred to in section 102(a) 

9 for advanced research and development shall remain avail10 able until September 30, 2007. 

11 (b) AUTHORIZED PERSONNEL LEVELS.—The ele12 ments within the Intelligence Community Management 

13 Account of the Director of National Intelligence are au14 thorized 817 full-time personnel as of September 30, 

15 2006. Personnel serving in such elements may be perma16 nent employees of the Intelligence Community Manage17 ment Account or personnel detailed from other elements 

18 of the United States Government. 

19 (c) CLASSIFIED AUTHORIZATIONS.—

20 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

21 addition to amounts authorized to be appropriated 

22 for the Intelligence Community Management Ac23 count by subsection (a), there are also authorized to 

24 be appropriated for the Intelligence Community 

25 Management Account for fiscal year 2006 such addi26 tional amounts as are specified in the classified 
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1 Schedule of Authorizations referred to in section 

2 102(a). Such additional amounts for advanced re3 search and development shall remain available until 

4 September 30, 2007. 

5 (2) AUTHORIZATION OF PERSONNEL.—In addi6 tion to the personnel authorized by subsection (b) 

7 for elements of the Intelligence Community Manage8 ment Account as of September 30, 2006, there are 

9 also authorized such additional personnel for such 

10 elements as of that date as are specified in the clas11 sified Schedule of Authorizations. 

12 (d) REIMBURSEMENT.—Except as provided in section 

13 113 of the National Security Act of 1947 (50 U.S.C. 

14 404h), during fiscal year 2006 any officer or employee of 

15 the United States or a member of the Armed Forces who 

16 is detailed to the staff of the Intelligence Community Man17 agement Account from another element of the United 

18 States Government shall be detailed on a reimbursable 

19 basis, except that any such officer, employee, or member 

20 may be detailed on a nonreimbursable basis for a period 

21 of less than one year for the performance of temporary 

22 functions as required by the Director of National Intel23 ligence. 
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1 TITLE II—CENTRAL INTEL2 LIGENCE AGENCY RETIRE3 MENT AND DISABILITY SYS4 TEM 

5 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

6 There is authorized to be appropriated for the Cen7 tral Intelligence Agency Retirement and Disability Fund 

8 for fiscal year 2006 the sum of $244,600,000. 

9 TITLE III—GENERAL 

10 PROVISIONS 

11 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND 

12 BENEFITS AUTHORIZED BY LAW. 

13 Appropriations authorized by this Act for salary, pay, 

14 retirement, and other benefits for Federal employees may 

15 be increased by such additional or supplemental amounts 

16 as may be necessary for increases in such compensation 

17 or benefits authorized by law. 

18 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE 

19 ACTIVITIES. 

20 The authorization of appropriations by this Act shall 

21 not be deemed to constitute authority for the conduct of 

22 any intelligence activity which is not otherwise authorized 

23 by the Constitution or the laws of the United States. 
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1 SEC. 303. CLARIFICATION OF DELEGATION OF TRANSFER 

2 OR REPROGRAMMING AUTHORITY. 

3 Paragraph (5)(B) of section 102A(d) of the National 

4 Security Act of 1947 (50 U.S.C. 403–1(d)), as added by 

5 section 1011(a) of the National Security Intelligence Re6 form Act of 2004 (title I of Public Law 108–458; 118 

7 Stat. 3643), is amended by striking ‘‘or agency involved’’ 

8 in the second sentence and inserting ‘‘involved or the Di9 rector of the Central Intelligence Agency (in the case of 

10 the Central Intelligence Agency)’’. 

11 SEC. 304. ADDITIONAL DUTIES FOR THE DIRECTOR OF 

12 SCIENCE AND TECHNOLOGY. 

13 (a) COORDINATION AND PRIORITIZATION OF RE14 SEARCH CONDUCTED BY ELEMENTS OF THE INTEL15 LIGENCE COMMUNITY.—Subsection (d) of section 103E of 

16 the National Security Act of 1947 (50 U.S.C. 403–3e), 

17 as added by section 1011(a) of the National Security In18 telligence Reform Act of 2004 (title I of Public Law 108–

19 458; 118 Stat. 3643), is amended—

20 (1) by inserting ‘‘and prioritize’’ after ‘‘coordi21 nate’’ in paragraph (3)(A); and 

22 (2) by adding at the end the following new 

23 paragraph: 

24 ‘‘(4) In carrying out paragraph (3)(A), the Com25 mittee shall identify basic, advanced, and applied research 
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1 programs to be carried out by elements of the intelligence 

2 community.’’. 

3 (b) DEVELOPMENT OF TECHNOLOGY GOALS.—Sec4 tion 103E of such Act (50 U.S.C. 403–3e), as so added, 

5 is amended—

6 (1) in subsection (c)—

7 (A) by striking ‘‘and’’ at the end of para8 graph (4); 

9 (B) by redesignating paragraph (5) as 

10 paragraph (6); and 

11 (C) by inserting after paragraph (4) the 

12 following new paragraph: 

13 ‘‘(5) assist the Director in establishing goals for 

14 the elements of the intelligence community to meet 

15 the technology needs of the community; and’’; and 

16 (2) by adding at the end the following new sub17 section: 

18 ‘‘(e) GOALS FOR TECHNOLOGY NEEDS OF THE IN19 TELLIGENCE COMMUNITY.—In carrying out subsection 

20 (c)(5), the Director of Science and Technology shall—

21 ‘‘(1) perform systematic identification and as22 sessment of the most significant intelligence chal23 lenges that require technical solutions; and 

24 ‘‘(2) examine options to enhance the responsive25 ness of research and design programs to meet the 
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1 requirements of the intelligence community for time2 ly support.’’. 

3 (c) REPORT.—Not later than June 30, 2006, the Di4 rector of National Intelligence shall submit to Congress 

5 a report containing a strategy for the development and 

6 use of technology in the intelligence community through 

7 2021. Such report may be submitted in classified form and 

8 shall include—

9 (1) an assessment of the highest priority intel10 ligence gaps across the intelligence community that 

11 may be resolved by the use of technology; 

12 (2) goals for advanced research and develop13 ment and a strategy to achieve such goals; 

14 (3) an explanation of how each advanced re15 search and development project funded under the 

16 National Intelligence Program addresses an identi17 fied intelligence gap; 

18 (4) a list of all current and projected research 

19 and development projects by research type (basic, 

20 advanced, or applied) with estimated funding levels, 

21 estimated initiation dates, and estimated completion 

22 dates; and 

23 (5) a plan to incorporate technology from re24 search and development projects into National Intel25 ligence Program acquisition programs. 
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1 SEC. 305. COMPREHENSIVE INVENTORY OF SPECIAL AC2 CESS PROGRAMS. 

3 Not later than January 15, 2006, the Director of Na4 tional Intelligence shall submit to the congressional intel5 ligence committees (as defined in section 3(7) of the Na6 tional Security Act of 1947 (50 U.S.C. 401a(7))) a classi7 fied report providing a comprehensive inventory of all spe8 cial access programs under the National Intelligence Pro9 gram (as defined in section 3(6) of the National Security 

10 Act of 1947 (50 U.S.C. 401a(6))). 

11 SEC. 306. SENSE OF CONGRESS ON BUDGET EXECUTION AU12 THORITY PROCEDURES. 

13 It is the sense of Congress that the Director of Na14 tional Intelligence should expeditiously establish the nec15 essary budgetary processes and procedures with the heads 

16 of the departments containing agencies or organizations 

17 within the intelligence community, and the heads of such 

18 agencies and organizations, in order to—

19 (1) implement the budget execution authorities 

20 provided under, and submit the reports to Congress 

21 required by, subsection (c) of section 102A of the 

22 National Security Act of 1947 (50 U.S.C. 403–1), 

23 as amended by section 1011(a) of the National Se24 curity Intelligence Reform Act of 2004 (title I of 

25 Public Law 108–458; 118 Stat. 3643); and 
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1 (2) carry out the duties and authorities of the 

2 Director of National Intelligence with respect to the 

3 transfer and reprogramming of funds under the Na4 tional Intelligence Program under subsection (d) of 

5 such section, as so amended. 

6 SEC. 307. SENSE OF CONGRESS WITH RESPECT TO MULTI7 LEVEL SECURITY CLEARANCES. 

8 It is the sense of Congress that the Director of Na9 tional Intelligence should promptly establish and oversee 

10 the implementation of a multi-level security clearance sys11 tem across the intelligence community to leverage the cul12 tural and linguistic skills of subject matter experts and 

13 individuals proficient in foreign languages critical to na14 tional security. 

15 SEC. 308. REPORTS ON FAILURE TO TIMELY IMPLEMENT 

16 THE NATIONAL COUNTERTERRORISM CEN17 TER. 

18 (a) INITIAL REPORT ON FAILURE TO MEET DEAD19 LINES IMPOSED UNDER LAW.—Not later than 30 days 

20 after the date of the enactment of this Act, the Director 

21 of National Intelligence shall provide written notice to 

22 Congress explaining the failure of the executive branch to 

23 implement the National Counterterrorism Center, as es24 tablished under section 119 of the National Security Act 

25 of 1947, as added by section 1021 of the National Security 
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1 Intelligence Reform Act of 2004 (title I of the Intelligence 

2 Reform and Terrorism Prevention Act of 2004; Public 

3 Law 108–458), by the deadlines imposed under section 

4 1097(a) of such Act for the implementation of such Cen5 ter, including the failure by the President to nominate an 

6 individual to serve as Director of the National 

7 Counterterrorism Center. 

8 (b) SUBSEQUENT MONTHLY UPDATES.—The Direc9 tor of National Intelligence shall provide to Congress 

10 monthly updates to the initial notice to Congress under 

11 subsection (a) until the National Counterterrorism Center 

12 is fully implemented and operational.

Passed the House of Representatives June 21, 2005. 

Attest: JEFF TRANDAHL, 

Clerk.