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Union Calendar No. 56 

109TH CONGRESS 

1ST SESSION H. R. 2475 

[Report No. 109–101] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2005 

Mr. HOEKSTRA introduced the following bill; which was referred to the Select 

Committee on Intelligence (Permanent Select) 

JUNE 2, 2005 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 19, 2005] 

A BILL 

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 ‘‘In5 telligence Authorization Act for Fiscal Year 2006’’. 

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

7 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. Authority of the Director of National Intelligence to assign individuals to 

United States missions in foreign countries to coordinate and direct intelligence and intelligence-related activities conducted in that country. 

Sec. 304. Clarification of delegation of transfer or reprogramming authority. 

Sec. 305. Approval of personnel transfer for new national intelligence centers. 

Sec. 306. Additional duties for the Director of Science and Technology. 

Sec. 307. Comprehensive inventory of special access programs. 

Sec. 308. Sense of Congress on budget execution authority procedures. 

Sec. 309. Sense of Congress with respect to multi-level security clearances. 

TITLE IV—CENTRAL INTELLIGENCE AGENCY 

Sec. 401. Clarification of role of the Director of Central Intelligence Agency as head 

of human intelligence collection. 

8 TITLE I—INTELLIGENCE 

9 ACTIVITIES 

10 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

11 Funds are hereby authorized to be appropriated for fis12 cal year 2006 for the conduct of the intelligence and intel13 ligence-related activities of the following elements of the 

14 United States Government: 

15 (1) The Office of the Director of National Intel16 ligence. 
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1 (2) The Central Intelligence Agency. 

2 (3) The Department of Defense. 

3 (4) The Defense Intelligence Agency. 

4 (5) The National Security Agency. 

5 (6) The Department of the Army, the Depart6 ment of the Navy, and the Department of the Air 

7 Force. 

8 (7) The Department of State. 

9 (8) The Department of the Treasury. 

10 (9) The Department of Energy. 

11 (10) The Department of Justice. 

12 (11) The Federal Bureau of Investigation. 

13 (12) The National Reconnaissance Office. 

14 (13) The National Geospatial-Intelligence Agen15 cy. 

16 (14) The Coast Guard. 

17 (15) The Department of Homeland Security. 

18 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

19 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

20 CEILINGS.—The amounts authorized to be appropriated 

21 under section 101, and the authorized personnel ceilings as 

22 of September 30, 2006, for the conduct of the intelligence 

23 and intelligence-related activities of the elements listed in 

24 such section, are those specified in the classified Schedule 
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1 of Authorizations prepared to accompany the bill H.R. 2475 

2 of the One Hundred Ninth Congress. 

3 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU4 THORIZATIONS.—The Schedule of Authorizations shall be 

5 made available to the Committees on Appropriations of the 

6 Senate and House of Representatives and to the President. 

7 The President shall provide for suitable distribution of the 

8 Schedule, or of appropriate portions of the Schedule, within 

9 the executive branch. 

10 SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 

11 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap12 proval of the Director of the Office of Management and 

13 Budget, the Director of National Intelligence may authorize 

14 employment of civilian personnel in excess of the number 

15 authorized for fiscal year 2006 under section 102 when the 

16 Director of National Intelligence determines that such ac17 tion is necessary to the performance of important intel18 ligence functions. 

19 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The Di20 rector of National Intelligence shall notify promptly the Se21 lect Committee on Intelligence of the Senate and the Perma22 nent Select Committee on Intelligence of the House of Rep23 resentatives whenever the Director exercises the authority 

24 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 Intel6 ligence for fiscal year 2006 the sum of $446,144,000. Within 

7 such amount, funds identified in the classified Schedule of 

8 Authorizations referred to in section 102(a) for advanced 

9 research and development shall remain available until Sep10 tember 30, 2007. 

11 (b) AUTHORIZED PERSONNEL LEVELS.—The elements 

12 within the Intelligence Community Management Account of 

13 the Director of National Intelligence are authorized 817 

14 full-time personnel as of September 30, 2006. Personnel 

15 serving in such elements may be permanent employees of 

16 the Intelligence Community Management Account or per17 sonnel detailed from other elements of the United States 

18 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 Account 

23 by subsection (a), there are also authorized to be ap24 propriated for the Intelligence Community Manage25 ment Account for fiscal year 2006 such additional 

26 amounts as are specified in the classified Schedule of 
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1 Authorizations referred to in section 102(a). Such ad2 ditional amounts for advanced research and develop3 ment shall remain available until September 30, 

4 2007. 

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

7 elements of the Intelligence Community Management 

8 Account as of September 30, 2006, there are also au9 thorized such additional personnel for such elements 

10 as of that date as are specified in the classified Sched11 ule of Authorizations. 

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

13 113 of the National Security Act of 1947 (50 U.S.C. 404h), 

14 during fiscal year 2006 any officer or employee of the 

15 United States or a member of the Armed Forces who is de16 tailed to the staff of the Intelligence Community Manage17 ment Account from another element of the United States 

18 Government shall be detailed on a reimbursable basis, ex19 cept that any such officer, employee, or member may be de20 tailed on a nonreimbursable basis for a period of less than 

21 one year for the performance of temporary functions as re22 quired by the Director of National Intelligence. 
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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 Central 

7 Intelligence Agency Retirement and Disability Fund for fis8 cal 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 or 

17 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 any 

22 intelligence activity which is not otherwise authorized by 

23 the Constitution or the laws of the United States. 
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1 SEC. 303. AUTHORITY OF THE DIRECTOR OF NATIONAL IN2 TELLIGENCE TO ASSIGN INDIVIDUALS TO 

3 UNITED STATES MISSIONS IN FOREIGN 

4 COUNTRIES TO COORDINATE AND DIRECT IN5 TELLIGENCE AND INTELLIGENCE-RELATED 

6 ACTIVITIES CONDUCTED IN THAT COUNTRY. 

7 Subsection (k) of section 102A of the National Security 

8 Act of 1947 (50 U.S.C. 403–4a), as added by section 

9 1011(a) of the National Security Intelligence Reform Act 

10 of 2004 (title I of Public Law 108–458; 118 Stat. 3643), 

11 is amended— 

12 (1) by striking ‘‘Under’’ and inserting ‘‘(1) 

13 Under’’; and 

14 (2) by adding at the end the following new para15 graph: 

16 ‘‘(2)(A) The Director may assign an individual to be 

17 a representative of the Director at a United States mission 

18 in a foreign country. Any such individual shall oversee and 

19 manage all intelligence and intelligence-related activities 

20 conducted in that country by personnel of any element of 

21 the intelligence community. 

22 ‘‘(B)(i) Subparagraph (A) shall not be construed to su23 persede the authority of the Director of the Central Intel24 ligence Agency described in clause (ii), such authority being 

25 subject to general oversight by the Director of National In26 telligence under paragraph (1). 
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1 ‘‘(ii) The authority referred to in clause (i) is the au2 thority under section 104A(f) to coordinate relationships be3 tween elements of the intelligence community and the intel4 ligence or security services of foreign governments or inter5 national organizations generally and the authority under 

6 section 104A(d)(3) to provide overall direction for and co7 ordination of the collection of human intelligence outside 

8 the United States.’’. 

9 SEC. 304. CLARIFICATION OF DELEGATION OF TRANSFER 

10 OR REPROGRAMMING AUTHORITY. 

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

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

13 section 1011(a) of the National Security Intelligence Re14 form Act of 2004 (title I of Public Law 108–458; 118 Stat. 

15 3643), is amended by striking ‘‘or agency involved’’ in the 

16 second sentence and inserting ‘‘involved or the Director of 

17 the Central Intelligence Agency (in the case of the Central 

18 Intelligence Agency)’’. 

19 SEC. 305. APPROVAL OF PERSONNEL TRANSFER FOR NEW 

20 NATIONAL INTELLIGENCE CENTERS. 

21 Section 102A(e)(1) of the National Security Act of 

22 1947 (50 U.S.C. 403–1(e)(1)), as added by section 1011(a) 

23 of the National Security Intelligence Reform Act of 2004 

24 (title I of Public Law 108–458; 118 Stat. 3643), is amend25 ed— 
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1 (1) in subparagraph (B), by striking ‘‘shall 

2 promptly provide notice’’ and all that follows through 

3 ‘‘paragraph to—’’ and inserting ‘‘may not transfer 

4 personnel under subparagraph (A) unless the Director 

5 has provided notice of any transfer of personnel to be 

6 made pursuant to this paragraph and received a re7 sponse from—’’; and 

8 (2) by striking subparagraph (C) and inserting 

9 the following: 

10 ‘‘(C) The Director shall include in any notice under 

11 subparagraph (B)— 

12 ‘‘(i) an explanation of the nature of the transfer 

13 and how it satisfies the requirements of this sub14 section; 

15 ‘‘(ii) the number of personnel transferred; and 

16 ‘‘(iii) the individual skills and capabilities of the 

17 personnel involved.’’. 

18 SEC. 306. ADDITIONAL DUTIES FOR THE DIRECTOR OF 

19 SCIENCE AND TECHNOLOGY. 

20 (a) COORDINATION AND PRIORITIZATION OF RE21 SEARCH CONDUCTED BY ELEMENTS OF THE INTELLIGENCE

22 COMMUNITY.—Subsection (d) of section 103E of the Na23 tional Security Act of 1947 (50 U.S.C. 403–3e), as added 

24 by section 1011(a) of the National Security Intelligence Re-
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1 form Act of 2004 (title I of Public Law 108–458; 118 Stat. 

2 3643), is amended— 

3 (1) by inserting ‘‘and prioritize’’ after ‘‘coordi4 nate’’ in paragraph (3)(A); and 

5 (2) by adding at the end the following new para6 graph: 

7 ‘‘(4) In carrying out paragraph (3)(A), the Committee 

8 shall identify basic, advanced, and applied research pro9 grams to be carried out by elements of the intelligence com10 munity.’’. 

11 (b) DEVELOPMENT OF TECHNOLOGY GOALS.—Section 

12 103E of such Act (50 U.S.C. 403–3e), as so added, is 

13 amended— 

14 (1) in subsection (c)— 

15 (A) by striking ‘‘and’’ at the end of para16 graph (4); 

17 (B) by redesignating paragraph (5) as 

18 paragraph (6); and 

19 (C) by inserting after paragraph (4) the fol20 lowing new paragraph: 

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

22 the elements of the intelligence community to meet the 

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

24 (2) by adding at the end the following new sub25 section: 
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1 ‘‘(e) GOALS FOR TECHNOLOGY NEEDS OF THE INTEL2 LIGENCE COMMUNITY.—In carrying out subsection (c)(5), 

3 the Director of Science and Technology shall— 

4 ‘‘(1) perform systematic identification and as5 sessment of the most significant intelligence challenges 

6 that require technical solutions; and 

7 ‘‘(2) examine options to enhance the responsive8 ness of research and design programs to meet the re9 quirements of the intelligence community for timely 

10 support.’’. 

11 (c) REPORT.—Not later than June 30, 2006, the Direc12 tor of National Intelligence shall submit to Congress a re13 port containing a strategy for the development and use of 

14 technology in the intelligence community through 2021. 

15 Such report may be submitted in classified form and shall 

16 include— 

17 (1) an assessment of the highest priority intel18 ligence gaps across the intelligence community that 

19 may be resolved by the use of technology; 

20 (2) goals for advanced research and development 

21 and a strategy to achieve such goals; 

22 (3) an explanation of how each advanced re23 search and development project funded under the Na24 tional Intelligence Program addresses an identified 

25 intelligence gap; 
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1 (4) a list of all current and projected research 

2 and development projects by research type (basic, ad3 vanced, or applied) with estimated funding levels, es4 timated initiation dates, and estimated completion 

5 dates; and 

6 (5) a plan to incorporate technology from re7 search and development projects into National Intel8 ligence Program acquisition programs. 

9 SEC. 307. COMPREHENSIVE INVENTORY OF SPECIAL AC10 CESS PROGRAMS. 

11 Not later than January 15, 2006, the Director of Na12 tional Intelligence shall submit to the congressional intel13 ligence committees (as defined in section 3(7) of the Na14 tional Security Act of 1947 (50 U.S.C. 401a(7))) a classi15 fied report providing a comprehensive inventory of all spe16 cial access programs under the National Intelligence Pro17 gram (as defined in section 3(6) of the National Security 

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

19 SEC. 308. SENSE OF CONGRESS ON BUDGET EXECUTION AU20 THORITY PROCEDURES. 

21 It is the sense of Congress that the Director of National 

22 Intelligence should expeditiously establish the necessary 

23 budgetary processes and procedures with the heads of the 

24 departments containing agencies or organizations within 
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1 the intelligence community, and the heads of such agencies 

2 and organizations, in order to— 

3 (1) implement the budget execution authorities 

4 provided under, and submit the reports to Congress 

5 required by, subsection (c) of section 102A of the Na6 tional Security Act of 1947 (50 U.S.C. 403–1), as 

7 amended by section 1011(a) of the National Security 

8 Intelligence Reform Act of 2004 (title I of Public Law 

9 108–458; 118 Stat. 3643); and 

10 (2) carry out the duties and authorities of the 

11 Director of National Intelligence with respect to the 

12 transfer and reprogramming of funds under the Na13 tional Intelligence Program under subsection (d) of 

14 such section, as so amended. 

15 SEC. 309. SENSE OF CONGRESS WITH RESPECT TO MULTI16 LEVEL SECURITY CLEARANCES. 

17 It is the sense of Congress that the Director of National 

18 Intelligence should promptly establish and oversee the im19 plementation of a multi-level security clearance system 

20 across the intelligence community to leverage the cultural 

21 and linguistic skills of subject matter experts and individ22 uals proficient in foreign languages critical to national se23 curity. 
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1 TITLE IV—CENTRAL 

2 INTELLIGENCE AGENCY 

3 SEC. 401. CLARIFICATION OF ROLE OF THE DIRECTOR OF 

4 CENTRAL INTELLIGENCE AGENCY AS HEAD 

5 OF HUMAN INTELLIGENCE COLLECTION. 

6 (a) IN GENERAL.—Subsection (d)(3) of section 104A 

7 of the National Security Act of 1947 (50 U.S.C. 403–4a), 

8 as added by section 1011(a) of the National Security Intel9 ligence Reform Act of 2004 (title I of Public Law 108–458; 

10 118 Stat. 3643), is amended by striking ‘‘provide overall 

11 direction’’ and all that follows through ‘‘elements of the in12 telligence community’’ and inserting ‘‘subject to subsection 

13 (h), provide overall direction for and coordination of the 

14 collection of human intelligence outside the United States 

15 by any department, agency, or element of the United States 

16 Government’’. 

17 (b) CLARIFICATION OF ROLES OF DNI AND DCIA 

18 WITH RESPECT TO HUMAN INTELLIGENCE COLLECTION.— 

19 Such section is further amended by adding at the end the 

20 following new subsection: 

21 ‘‘(h) CLARIFICATION OF ROLES OF DNI AND DCIA 

22 WITH RESPECT TO HUMAN INTELLIGENCE COLLECTION.— 

23 (1) In carrying out subsection (d)(3), the Director of the 

24 Central Intelligence Agency shall develop a process for the 

25 coordination of the collection of human intelligence outside 
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1 of the United States. Such process shall be subject to the 

2 approval of the Director of National Intelligence. 

3 ‘‘(2) The Director of National Intelligence shall deter4 mine which human intelligence collection activities shall be 

5 subject to the process developed under paragraph (1).’’. 

Union Calendar No. 56 

109TH CONGRESS 

1ST SESSION H. R. 2475 

[Report No. 109–101] 

A BILL 

To authorize appropriations for fiscal year 2006 for 

tem, and for other purposes. ligence Agency Retirement and Disability SysManagement Account, and the Central Intelthe United States Government, the Community intelligence and intelligence-related activities of 

JUNE 2, 2005 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,