II 

Calendar No. 476 

109TH CONGRESS 

2D SESSION S. 3237 

[Report No. 109–259] 

[Report No. 109–265] 

To authorize appropriations for fiscal year 2007 for the intelligence and 

intelligence-related activities of the United States Government, the Intelligence Community Management Account, and the Central Intelligence 

Agency Retirement and Disability System, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 25, 2006 

Mr. ROBERTS, from the Select Committee on Intelligence, reported the following original bill; which was read twice and referred to the Committee 

on Armed Services pursuant to section 3(b) of S. Res. 400, 94th Congress, as amended by S. Res. 445, 108th Congress, for a period not to 

exceed 10 days of session 

JUNE 14, 2006 

Referred to the Committee on Armed Services for an additional 5 days 

pursuant to S. Res. 445, 108th Congress 

JUNE 21, 2006 

Reported by Mr. WARNER, without amendment 

A BILL 

To authorize appropriations for fiscal year 2007 for the 

intelligence and intelligence-related activities of the 

United States Government, the Intelligence Community 

Management Account, and the Central Intelligence AgenVerDate Aug 31 2005 04:14 Jun 22, 2006 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S3237.RS S3237

ycherry on PROD1PC64 with BILLS
2 

S 3237 RS 

cy Retirement and Disability System, and for other purposes. 

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 2007’’. 

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

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. Incorporation of classified annex. 

Sec. 104. Personnel ceiling adjustments. 

Sec. 105. Intelligence Community Management Account. 

Sec. 106. Incorporation of reporting requirements. 

Sec. 107. Availability to public of certain intelligence funding information. 

Sec. 108. Response of intelligence community to requests from Congress for intelligence documents and information. 

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 

DISABILITY SYSTEM 

Sec. 201. Authorization of appropriations. 

TITLE III—INTELLIGENCE AND GENERAL INTELLIGENCE 

COMMUNITY MATTERS 

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

Sec. 302. Restriction on conduct of intelligence activities. 

Sec. 303. Clarification of definition of intelligence community under the National Security Act of 1947. 

Sec. 304. Improvement of notification of Congress regarding intelligence activities of the United States Government. 

Sec. 305. Delegation of authority for travel on common carriers for intelligence 

collection personnel. 

Sec. 306. Modification of availability of funds for different intelligence activities. 

Sec. 307. Additional limitation on availability of funds for intelligence and intelligence-related activities. 

Sec. 308. Increase in penalties for disclosure of undercover intelligence officers 

and agents. 

ycherry on PROD1PC64 with BILLS
3 

S 3237 RS 

Sec. 309. Retention and use of amounts paid as debts to elements of the intelligence community. 

Sec. 310. Pilot program on disclosure of records under the Privacy Act relating 

to certain intelligence activities. 

Sec. 311. Extension to intelligence community of authority to delete information about receipt and disposition of foreign gifts and decorations. 

Sec. 312. Availability of funds for travel and transportation of personal effects, 

household goods, and automobiles. 

Sec. 313. Director of National Intelligence report on compliance with the Detainee Treatment Act of 2005. 

Sec. 314. Report on alleged clandestine detention facilities for individuals captured in the Global War on Terrorism. 

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE 

INTELLIGENCE COMMUNITY 

Subtitle A—Office of the Director of National Intelligence 

Sec. 401. Additional authorities of the Director of National Intelligence on intelligence information sharing. 

Sec. 402. Modification of limitation on delegation by the Director of National 

Intelligence of the protection of intelligence sources and methods. 

Sec. 403. Authority of the Director of National Intelligence to manage access 

to human intelligence information. 

Sec. 404. Additional administrative authority of the Director of National Intelligence. 

Sec. 405. Clarification of limitation on co-location of the Office of the Director 

of National Intelligence. 

Sec. 406. Additional duties of the Director of Science and Technology of the 

Office of the Director of National Intelligence. 

Sec. 407. Appointment and title of Chief Information Officer of the Intelligence 

Community. 

Sec. 408. Inspector General of the Intelligence Community. 

Sec. 409. Leadership and location of certain offices and officials. 

Sec. 410. National Space Intelligence Center. 

Sec. 411. Operational files in the Office of the Director of National Intelligence. 

Sec. 412. Eligibility for incentive awards of personnel assigned to the Office of 

the Director of National Intelligence. 

Sec. 413. Repeal of certain authorities relating to the Office of the National 

Counterintelligence Executive. 

Sec. 414. Inapplicability of Federal Advisory Committee Act to advisory committees of the Office of the Director of National Intelligence. 

Sec. 415. Membership of the Director of National Intelligence on the Transportation Security Oversight Board. 

Sec. 416. Applicability of the Privacy Act to the Director of National Intelligence and the Office of the Director of National Intelligence. 

Subtitle B—Central Intelligence Agency 

Sec. 421. Director and Deputy Director of the Central Intelligence Agency. 

Sec. 422. Enhanced protection of Central Intelligence Agency intelligence 

sources and methods from unauthorized disclosure. 

Sec. 423. Additional exception to foreign language proficiency requirement for 

certain senior level positions in the Central Intelligence Agency. 

ycherry on PROD1PC64 with BILLS
4 

S 3237 RS 

Sec. 424. Additional functions and authorities for protective personnel of the 

Central Intelligence Agency. 

Sec. 425. Director of National Intelligence report on retirement benefits for 

former employees of Air America. 

Subtitle C—Defense Intelligence Components 

Sec. 431. Enhancements of National Security Agency training program. 

Sec. 432. Codification of authorities of National Security Agency protective personnel. 

Sec. 433. Inspector general matters. 

Sec. 434. Confirmation of appointment of heads of certain components of the 

intelligence community. 

Sec. 435. Clarification of national security missions of National Geospatial-Intelligence Agency for analysis and dissemination of certain intelligence information. 

Sec. 436. Security clearances in the National Geospatial-Intelligence Agency. 

Subtitle D—Other Elements 

Sec. 441. Foreign language incentive for certain non-special agent employees of 

the Federal Bureau of Investigation. 

Sec. 442. Authority to secure services by contract for the Bureau of Intelligence 

and Research of the Department of State. 

Sec. 443. Clarification of inclusion of Coast Guard and Drug Enforcement Administration as elements of the intelligence community. 

Sec. 444. Clarifying amendments relating to section 105 of the Intelligence Authorization Act for fiscal year 2004. 

TITLE V—OTHER MATTERS 

Sec. 501. Technical amendments to the National Security Act of 1947. 

Sec. 502. Technical clarification of certain references to Joint Military Intelligence Program and Tactical Intelligence and Related Activities. 

Sec. 503. Technical amendments to the Intelligence Reform and Terrorism Prevention Act of 2004. 

Sec. 504. Technical amendments to title 10, United States Code, arising from 

enactment of the Intelligence Reform and Terrorism Prevention Act of 2004. 

Sec. 505. Technical amendment to the Central Intelligence Agency Act of 1949. 

Sec. 506. Technical amendments relating to the multiyear National Intelligence 

Program. 

Sec. 507. Technical amendments to the Executive Schedule. 

Sec. 508. Technical amendments relating to redesignation of the National Imagery and Mapping Agency as the National Geospatial-Intelligence Agency. 

ycherry on PROD1PC64 with BILLS
5 

S 3237 RS 

1 TITLE I—INTELLIGENCE 

2 ACTIVITIES 

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2007 for the conduct of the intelligence and 

6 intelligence-related activities of the following elements of 

7 the United States Government: 

8 (1) The Office of the Director of National Intel9 ligence. 

10 (2) The Central Intelligence Agency. 

11 (3) The Department of Defense. 

12 (4) The Defense Intelligence Agency. 

13 (5) The National Security Agency. 

14 (6) The Department of the Army, the Depart15 ment of the Navy, and the Department of the Air 

16 Force. 

17 (7) The Department of State. 

18 (8) The Department of the Treasury. 

19 (9) The Department of Energy. 

20 (10) The Department of Justice. 

21 (11) The Federal Bureau of Investigation. 

22 (12) The National Reconnaissance Office. 

23 (13) The National Geospatial-Intelligence Agen24 cy. 

25 (14) The Coast Guard. 

ycherry on PROD1PC64 with BILLS
6 

S 3237 RS 

1 (15) The Department of Homeland Security. 

2 (16) The Drug Enforcement Administration. 

3 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

4 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

5 CEILINGS.—The amounts authorized to be appropriated 

6 under section 101, and the authorized personnel ceilings 

7 as of September 30, 2007, for the conduct of the intel8 ligence and intelligence-related activities of the elements 

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

10 Schedule of Authorizations prepared to accompany the 

11 conference report on the bill lllll of the One Hun12 dred Ninth Congress and in the Classified Annex to such 

13 report as incorporated in this Act under section 103. 

14 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU15 THORIZATIONS.—The Schedule of Authorizations shall be 

16 made available to the Committees on Appropriations of 

17 the Senate and House of Representatives and to the Presi18 dent. The President shall provide for suitable distribution 

19 of the Schedule, or of appropriate portions of the Sched20 ule, within the executive branch. 

21 SEC. 103. INCORPORATION OF CLASSIFIED ANNEX. 

22 (a) STATUS OF CLASSIFIED ANNEX.—The Classified 

23 Annex prepared by the Select Committee on Intelligence 

24 of the Senate to accompany its report on the bill S. ll 

ycherry on PROD1PC64 with BILLS
7 

S 3237 RS 

1 of the One Hundred Ninth Congress and transmitted to 

2 the President is hereby incorporated into this Act. 

3 (b) CONSTRUCTION WITH OTHER PROVISIONS OF

4 DIVISION.—Unless otherwise specifically stated, the 

5 amounts specified in the Classified Annex are not in addi6 tion to amounts authorized to be appropriated by other 

7 provisions of this Act. 

8 (c) LIMITATION ON USE OF FUNDS.—Funds appro9 priated pursuant to an authorization contained in this Act 

10 that are made available for a program, project, or activity 

11 referred to in the Classified Annex may only be expended 

12 for such program, project, or activity in accordance with 

13 such terms, conditions, limitations, restrictions, and re14 quirements as are set out for that program, project, or 

15 activity in the Classified Annex. 

16 (d) DISTRIBUTION OF CLASSIFIED ANNEX.—The 

17 President shall provide for appropriate distribution of the 

18 Classified Annex, or of appropriate portions of the annex, 

19 within the executive branch of the Government. 

20 SEC. 104. PERSONNEL CEILING ADJUSTMENTS. 

21 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap22 proval of the Director of the Office of Management and 

23 Budget, the Director of National Intelligence may author24 ize employment of civilian personnel in excess of the num25 ber authorized for fiscal year 2007 under section 102 

ycherry on PROD1PC64 with BILLS
8 

S 3237 RS 

1 when the Director of National Intelligence determines that 

2 such action is necessary to the performance of important 

3 intelligence functions, except that the number of personnel 

4 employed in excess of the number authorized under such 

5 section may not, for any element of the intelligence com6 munity, exceed 2 percent of the number of civilian per7 sonnel authorized under such section for such element. 

8 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The 

9 Director of National Intelligence shall promptly notify the 

10 Select Committee on Intelligence of the Senate and the 

11 Permanent Select Committee on Intelligence of the House 

12 of Representatives whenever the Director exercises the au13 thority granted by this section. 

14 SEC. 105. INTELLIGENCE COMMUNITY MANAGEMENT AC15 COUNT. 

16 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated for the Intelligence Commu18 nity Management Account of the Director of National In19 telligence for fiscal year 2007 the sum of $648,952,000. 

20 Within such amount, funds identified in the classified 

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

22 for advanced research and development shall remain avail23 able until September 30, 2008. 

24 (b) AUTHORIZED PERSONNEL LEVELS.—The ele25 ments within the Intelligence Community Management 

ycherry on PROD1PC64 with BILLS
9 

S 3237 RS 

1 Account of the Director of National Intelligence are au2 thorized 1,575 full-time personnel as of September 30, 

3 2007. Personnel serving in such elements may be perma4 nent employees of the Intelligence Community Manage5 ment Account or personnel detailed from other elements 

6 of the United States Government. 

7 (c) CLASSIFIED AUTHORIZATIONS.— 

8 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

9 addition to amounts authorized to be appropriated 

10 for the Intelligence Community Management Ac11 count by subsection (a), there are also authorized to 

12 be appropriated for the Intelligence Community 

13 Management Account for fiscal year 2007 such addi14 tional amounts as are specified in the classified 

15 Schedule of Authorizations referred to in section 

16 102(a). Such additional amounts for research and 

17 development shall remain available until September 

18 30, 2008. 

19 (2) AUTHORIZATION OF PERSONNEL.—In addi20 tion to the personnel authorized by subsection (b) 

21 for elements of the Intelligence Community Manage22 ment Account as of September 30, 2007, there are 

23 also authorized such additional personnel for such 

24 elements as of that date as are specified in the clas25 sified Schedule of Authorizations. 

ycherry on PROD1PC64 with BILLS
10 

S 3237 RS 

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

2 113 of the National Security Act of 1947 (50 U.S.C. 

3 404h), during fiscal year 2007 any officer or employee of 

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

5 is detailed to the staff of the Intelligence Community Man6 agement Account from another element of the United 

7 States Government shall be detailed on a reimbursable 

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

9 may be detailed on a nonreimbursable basis for a period 

10 of less than one year for the performance of temporary 

11 functions as required by the Director of National Intel12 ligence. 

13 SEC. 106. INCORPORATION OF REPORTING REQUIRE14 MENTS. 

15 (a) IN GENERAL.—Each requirement to submit a re16 port to the congressional intelligence committees that is 

17 included in the joint explanatory statement to accompany 

18 the conference report on the bill llll of the One 

19 Hundred Ninth Congress, or in the classified annex to this 

20 Act, is hereby incorporated into this Act, and is hereby 

21 made a requirement in law. 

22 (b) CONGRESSIONAL INTELLIGENCE COMMITTEES

23 DEFINED.—In this section, the term ‘‘congressional intel24 ligence committees’’ means— 

ycherry on PROD1PC64 with BILLS
11 

S 3237 RS 

1 (1) the Select Committee on Intelligence of the 

2 Senate; and 

3 (2) the Permanent Select Committee on Intel4 ligence of the House of Representatives. 

5 SEC. 107. AVAILABILITY TO PUBLIC OF CERTAIN INTEL6 LIGENCE FUNDING INFORMATION. 

7 (a) AMOUNTS REQUESTED EACH FISCAL YEAR.— 

8 The President shall disclose to the public for each fiscal 

9 year after fiscal year 2007 the aggregate amount of appro10 priations requested in the budget of the President for such 

11 fiscal year for the National Intelligence Program. 

12 (b) AMOUNTS AUTHORIZED AND APPROPRIATED

13 EACH FISCAL YEAR.—Congress shall disclose to the pub14 lic for each fiscal year after fiscal year 2006 the aggregate 

15 amount of funds authorized to be appropriated, and the 

16 aggregate amount of funds appropriated, by Congress for 

17 such fiscal year for the National Intelligence Program. 

18 (c) STUDY ON DISCLOSURE OF ADDITIONAL INFOR19 MATION.— 

20 (1) IN GENERAL.—The Director of National In21 telligence shall conduct a study to assess the advis22 ability of disclosing to the public amounts as follows: 

23 (A) The aggregate amount of appropria24 tions requested in the budget of the President 

ycherry on PROD1PC64 with BILLS
12 

S 3237 RS 

1 for each fiscal year for each element of the in2 telligence community. 

3 (B) The aggregate amount of funds au4 thorized to be appropriated, and the aggregate 

5 amount of funds appropriated, by Congress for 

6 each fiscal year for each element of the intel7 ligence community. 

8 (2) REQUIREMENTS.—The study required by 

9 paragraph (1) shall— 

10 (A) address whether or not the disclosure 

11 to the public of the information referred to in 

12 that paragraph would harm the national secu13 rity of the United States; and 

14 (B) take into specific account concerns re15 lating to the disclosure of such information for 

16 each element of the intelligence community. 

17 (3) REPORT.—Not later than 180 days after 

18 the date of the enactment of this Act, the Director 

19 shall submit to Congress a report on the study re20 quired by paragraph (1). 

ycherry on PROD1PC64 with BILLS
13 

S 3237 RS 

1 SEC. 108. RESPONSE OF INTELLIGENCE COMMUNITY TO 

2 REQUESTS FROM CONGRESS FOR INTEL3 LIGENCE DOCUMENTS AND INFORMATION. 

4 (a) IN GENERAL.—Title V of the National Security 

5 Act of 1947 (50 U.S.C. 413 et seq.) is amended by adding 

6 at the end the following new section: 

7 ‘‘RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS

8 FROM CONGRESS FOR INTELLIGENCE DOCUMENTS

9 AND INFORMATION

10 ‘‘SEC. 508. (a) REQUESTS OF COMMITTEES.—The 

11 Director of National Intelligence, the Director of the Na12 tional Counterterrorism Center, the Director of a national 

13 intelligence center, or the head of any other department, 

14 agency, or element of the Federal Government, or other 

15 organization within the Executive branch, that is an ele16 ment of the intelligence community shall, not later than 

17 15 days after receiving a request for any intelligence as18 sessment, report, estimate, legal opinion, or other intel19 ligence information from the Select Committee on Intel20 ligence of the Senate, the Permanent Select Committee on 

21 Intelligence of the House of Representatives, or any other 

22 committee of Congress with jurisdiction over the subject 

23 matter to which information in such assessment, report, 

24 estimate, legal opinion, or other information relates, make 

25 available to such committee such assessment, report, estiycherry on PROD1PC64 with BILLS
14 

S 3237 RS 

1 mate, legal opinion, or other information, as the case may 

2 be. 

3 ‘‘(b) REQUESTS OF CERTAIN MEMBERS.—(1) The 

4 Director of National Intelligence, the Director of the Na5 tional Counterterrorism Center, the Director of a national 

6 intelligence center, or the head of any other department, 

7 agency, or element of the Federal Government, or other 

8 organization within the Executive branch, that is an ele9 ment of the intelligence community shall respond, in the 

10 time specified in subsection (a), to a request described in 

11 that subsection from the Chairman or Vice Chairman of 

12 the Select Committee on Intelligence of the Senate or the 

13 Chairman or Ranking Member of the Permanent Select 

14 Committee on Intelligence of the House of Representa15 tives. 

16 ‘‘(2) Upon making a request covered by paragraph 

17 (1)— 

18 ‘‘(A) the Chairman or Vice Chairman, as the 

19 case may be, of the Select Committee on Intelligence 

20 of the Senate shall notify the other of the Chairman 

21 or Vice Chairman of such request; and 

22 ‘‘(B) the Chairman or Ranking Member, as the 

23 case may be, of the Permanent Select Committee on 

24 Intelligence of the House of Representatives shall 

ycherry on PROD1PC64 with BILLS
15 

S 3237 RS 

1 notify the other of the Chairman or Ranking Mem2 ber of such request. 

3 ‘‘(c) ASSERTION OF PRIVILEGE.—In response to a re4 quest covered by subsection (a) or (b), the Director of Na5 tional Intelligence, the Director of the National 

6 Counterterrorism Center, the Director of a national intel7 ligence center, or the head of any other department, agen8 cy, or element of the Federal Government, or other organi9 zation within the Executive branch, that is an element of 

10 the intelligence community shall provide the document or 

11 information covered by such request unless the President 

12 certifies that such document or information is not being 

13 provided because the President is asserting a privilege 

14 pursuant to the Constitution of the United States.’’. 

15 (b) CLERICAL AMENDMENT.—The table of contents 

16 in the first section of that Act is amended by inserting 

17 after the item relating to section 507 the following new 

18 item: 

‘‘Sec. 508. Response of intelligence community to requests from Congress for 

intelligence documents and information.’’. 

ycherry on PROD1PC64 with BILLS
16 

S 3237 RS 

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 2007 the sum of $256,400,000. 

9 TITLE III—INTELLIGENCE AND 

10 GENERAL INTELLIGENCE 

11 COMMUNITY MATTERS 

12 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND 

13 BENEFITS AUTHORIZED BY LAW. 

14 Appropriations authorized by this Act for salary, pay, 

15 retirement, and other benefits for Federal employees may 

16 be increased by such additional or supplemental amounts 

17 as may be necessary for increases in such compensation 

18 or benefits authorized by law. 

19 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE 

20 ACTIVITIES. 

21 The authorization of appropriations by this Act shall 

22 not be deemed to constitute authority for the conduct of 

23 any intelligence activity which is not otherwise authorized 

24 by the Constitution or the laws of the United States. 

ycherry on PROD1PC64 with BILLS
17 

S 3237 RS 

1 SEC. 303. CLARIFICATION OF DEFINITION OF INTEL2 LIGENCE COMMUNITY UNDER THE NATIONAL 

3 SECURITY ACT OF 1947. 

4 Subparagraph (L) of section 3(4) of the National Se5 curity Act of 1947 (50 U.S.C. 401a(4)) is amended by 

6 striking ‘‘other’’ the second place it appears. 

7 SEC. 304. IMPROVEMENT OF NOTIFICATION OF CONGRESS 

8 REGARDING INTELLIGENCE ACTIVITIES OF 

9 THE UNITED STATES GOVERNMENT. 

10 (a) CLARIFICATION OF DEFINITION OF CONGRES11 SIONAL INTELLIGENCE COMMITTEES TO INCLUDE ALL

12 MEMBERS OF COMMITTEES.—Section 3(7) of the Na13 tional Security Act of 1947 (50 U.S.C. 401a(7)) is amend14 ed— 

15 (1) in subparagraph (A), by inserting ‘‘, and in16 cludes each member of the Select Committee’’ before 

17 the semicolon; and 

18 (2) in subparagraph (B), by inserting ‘‘, and in19 cludes each member of the Permanent Select Com20 mittee’’ before the period. 

21 (b) NOTICE ON INFORMATION NOT DISCLOSED.— 

22 (1) IN GENERAL.—Section 502 of such Act (50 

23 U.S.C. 413a) is amended— 

24 (A) by redesignating subsections (b) and 

25 (c) as subsections (c) and (d), respectively; and 

ycherry on PROD1PC64 with BILLS
18 

S 3237 RS 

1 (B) by inserting after subsection (a) the 

2 following new subsection (b): 

3 ‘‘(b) NOTICE ON INFORMATION NOT DISCLOSED.— 

4 (1) If the Director of National Intelligence or the head 

5 of a department, agency, or other entity of the United 

6 States Government does not provide information required 

7 by subsection (a) in full or to all the members of the con8 gressional intelligence committees and requests that such 

9 information not be provided in full or to all members of 

10 the congressional intelligence committees, the Director 

11 shall, in a timely fashion— 

12 ‘‘(A) notify all the members of such committees 

13 of the determination not to provide such information 

14 in full or to all members of such committees, as the 

15 case may be, including a statement of the reasons 

16 for such determination; and 

17 ‘‘(B) submit, in writing, to all the members of 

18 such committees a summary of the intelligence ac19 tivities covered by such determination that provides 

20 sufficient information to permit such members to as21 sess the legality, benefits, costs, and advisability of 

22 such activities. 

23 ‘‘(2) Nothing in this subsection shall be construed as 

24 authorizing less than full and current disclosure to all the 

25 members of the Select Committee on Intelligence of the 

ycherry on PROD1PC64 with BILLS
19 

S 3237 RS 

1 Senate and the Permanent Select Committee on Intel2 ligence of the House of Representatives of any information 

3 necessary to keep all the members of such committees fully 

4 and currently informed on all intelligence activities cov5 ered by this section.’’. 

6 (2) CONFORMING AMENDMENT.—Subsection (d) 

7 of such section, as redesignated by paragraph (1)(A) 

8 of this subsection, is amended by striking ‘‘sub9 section (b)’’ and inserting ‘‘subsections (b) and (c)’’. 

10 (c) REPORTS AND NOTICE ON COVERT ACTIONS.— 

11 (1) FORM AND CONTENT OF CERTAIN RE12 PORTS.—Subsection (b) of section 503 of such Act 

13 (50 U.S.C. 413b) is amended— 

14 (A) by redesignating paragraphs (1) and 

15 (2) as subparagraphs (A) and (B), respectively; 

16 (B) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

17 (C) by adding at the end the following new 

18 paragraph: 

19 ‘‘(2) Any report relating to a covert action that is 

20 submitted to the congressional intelligence committees for 

21 the purposes of paragraph (1) shall be in writing, and 

22 shall contain the following: 

23 ‘‘(A) A concise statement of any facts pertinent 

24 to such report. 

ycherry on PROD1PC64 with BILLS
20 

S 3237 RS 

1 ‘‘(B) An explanation of the significance of the 

2 covert action covered by such report.’’. 

3 (2) NOTICE ON INFORMATION NOT DIS4 CLOSED.—Subsection (c) of such section is amended 

5 by adding at the end the following new paragraph: 

6 ‘‘(5) If the Director of National Intelligence or the 

7 head of a department, agency, or other entity of the 

8 United States Government does not provide information 

9 required by subsection (b)(2) in full or to all the members 

10 of the congressional intelligence committees, and requests 

11 that such information not be provided in full or to all 

12 members of the congressional intelligence committees, for 

13 the reason specified in paragraph (2), the Director shall, 

14 in a timely fashion— 

15 ‘‘(A) notify all the members of such committees 

16 of the determination not to provide such information 

17 in full or to all members of such committees, as the 

18 case may be, including a statement of the reasons 

19 for such determination; and 

20 ‘‘(B) submit, in writing, to all the members of 

21 such committees a summary of the covert action cov22 ered by such determination that provides sufficient 

23 information to permit such members to assess the 

24 legality, benefits, costs, and advisability of such cov25 ert action.’’. 

ycherry on PROD1PC64 with BILLS
21 

S 3237 RS 

1 (3) MODIFICATION OF NATURE OF CHANGE OF

2 COVERT ACTION TRIGGERING NOTICE REQUIRE3 MENTS.—Subsection (d) of such section is amended 

4 by striking ‘‘significant’’ the first place it appears. 

5 SEC. 305. DELEGATION OF AUTHORITY FOR TRAVEL ON 

6 COMMON CARRIERS FOR INTELLIGENCE 

7 COLLECTION PERSONNEL. 

8 (a) DELEGATION OF AUTHORITY.—Section 116(b) of 

9 the National Security Act of 1947 (50 U.S.C. 404k(b)) 

10 is amended— 

11 (1) by inserting ‘‘(1)’’ before ‘‘The Director’’; 

12 (2) in paragraph (1), by striking ‘‘may only del13 egate’’ and all that follows and inserting ‘‘may dele14 gate the authority in subsection (a) to the head of 

15 any other element of the intelligence community.’’; 

16 and 

17 (3) by adding at the end the following new 

18 paragraph: 

19 ‘‘(2) The head of an element of the intelligence com20 munity to whom the authority in subsection (a) is dele21 gated pursuant to paragraph (1) may further delegate 

22 such authority to such senior officials of such element as 

23 are specified in guidelines prescribed by the Director of 

24 National Intelligence for purposes of this paragraph.’’. 

ycherry on PROD1PC64 with BILLS
22 

S 3237 RS 

1 (b) SUBMITTAL OF GUIDELINES TO CONGRESS.—Not 

2 later than six months after the date of the enactment of 

3 this Act, the Director of National Intelligence shall pre4 scribe and submit to the congressional intelligence com5 mittees the guidelines referred to in paragraph (2) of sec6 tion 116(b) of the National Security Act of 1947, as added 

7 by subsection (a). 

8 (c) CONGRESSIONAL INTELLIGENCE COMMITTEES

9 DEFINED.—In this section, the term ‘‘congressional intel10 ligence committees’’ means— 

11 (1) the Select Committee on Intelligence of the 

12 Senate; and 

13 (2) the Permanent Select Committee on Intel14 ligence of the House of Representatives. 

15 SEC. 306. MODIFICATION OF AVAILABILITY OF FUNDS FOR 

16 DIFFERENT INTELLIGENCE ACTIVITIES. 

17 Subparagraph (B) of section 504(a)(3) of the Na18 tional Security Act of 1947 (50 U.S.C. 414(a)(3)) is 

19 amended to read as follows: 

20 ‘‘(B) the use of such funds for such activity 

21 supports an emergent need, improves program effec22 tiveness, or increases efficiency; and’’. 

ycherry on PROD1PC64 with BILLS
23 

S 3237 RS 

1 SEC. 307. ADDITIONAL LIMITATION ON AVAILABILITY OF 

2 FUNDS FOR INTELLIGENCE AND INTEL3 LIGENCE-RELATED ACTIVITIES. 

4 Section 504 of the National Security Act of 1947 (50 

5 U.S.C. 414) is amended— 

6 (1) in subsection (a), by inserting ‘‘the congres7 sional intelligence committees have been fully and 

8 currently informed of such activity and if’’ after 

9 ‘‘only if’’; 

10 (2) by redesignating subsections (b), (c), (d), 

11 and (e) as subsections (c), (d), (e), and (f), respec12 tively; and 

13 (3) by inserting after subsection (a) the fol14 lowing new subsection (b): 

15 ‘‘(b) In any case in which notice to the congressional 

16 intelligence committees on an intelligence or intelligence17 related activity is covered by section 502(b), or in which 

18 notice to the congressional intelligence committees on a 

19 covert action is covered by section 503(c)(5), the congres20 sional intelligence committees shall be treated as being 

21 fully and currently informed on such activity or covert ac22 tion, as the case may be, for purposes of subsection (a) 

23 if the requirements of such section 502(b) or 503(c)(5), 

24 as applicable, have been met.’’. 

ycherry on PROD1PC64 with BILLS
24 

S 3237 RS 

1 SEC. 308. INCREASE IN PENALTIES FOR DISCLOSURE OF 

2 UNDERCOVER INTELLIGENCE OFFICERS AND 

3 AGENTS. 

4 (a) DISCLOSURE OF AGENT AFTER ACCESS TO IN5 FORMATION IDENTIFYING AGENT.—Subsection (a) of sec6 tion 601 of the National Security Act of 1947 (50 U.S.C. 

7 421) is amended by striking ‘‘ten years’’ and inserting ‘‘15 

8 years’’. 

9 (b) DISCLOSURE OF AGENT AFTER ACCESS TO CLAS10 SIFIED INFORMATION.—Subsection (b) of such section is 

11 amended by striking ‘‘five years’’ and inserting ‘‘ten 

12 years’’. 

13 SEC. 309. RETENTION AND USE OF AMOUNTS PAID AS 

14 DEBTS TO ELEMENTS OF THE INTELLIGENCE 

15 COMMUNITY. 

16 (a) IN GENERAL.—Title XI of the National Security 

17 Act of 1947 (50 U.S.C. 442 et seq.) is amended by adding 

18 at the end the following new section: 

19 ‘‘RETENTION AND USE OF AMOUNTS PAID AS DEBTS TO

20 ELEMENTS OF THE INTELLIGENCE COMMUNITY

21 ‘‘SEC. 1103. (a) AUTHORITY TO RETAIN AMOUNTS

22 PAID.—Notwithstanding section 3302 of title 31, United 

23 States Code, or any other provision of law, the head of 

24 an element of the intelligence community may retain 

25 amounts paid or reimbursed to the United States, includ26 ing amounts paid by an employee of the Federal Governycherry on PROD1PC64 with BILLS
25 

S 3237 RS 

1 ment from personal funds, for repayment of a debt owed 

2 to the element of the intelligence community. 

3 ‘‘(b) CREDITING OF AMOUNTS RETAINED.—(1) 

4 Amounts retained under subsection (a) shall be credited 

5 to the current appropriation or account from which such 

6 funds were derived or whose expenditure formed the basis 

7 for the underlying activity from which the debt concerned 

8 arose. 

9 ‘‘(2) Amounts credited to an appropriation or account 

10 under paragraph (1) shall be merged with amounts in 

11 such appropriation or account, and shall be available in 

12 accordance with subsection (c). 

13 ‘‘(c) AVAILABILITY OF AMOUNTS.—Amounts credited 

14 to an appropriation or account under subsection (b) with 

15 respect to a debt owed to an element of the intelligence 

16 community shall be available to the head of such element, 

17 for such time as is applicable to amounts in such appro18 priation or account, or such longer time as may be pro19 vided by law, for purposes as follows: 

20 ‘‘(1) In the case of a debt arising from lost or 

21 damaged property of such element, the repair of 

22 such property or the replacement of such property 

23 with alternative property that will perform the same 

24 or similar functions as such property. 

ycherry on PROD1PC64 with BILLS
26 

S 3237 RS 

1 ‘‘(2) The funding of any other activities author2 ized to be funded by such appropriation or account. 

3 ‘‘(d) DEBT OWED TO AN ELEMENT OF THE INTEL4 LIGENCE COMMUNITY DEFINED.—In this section, the 

5 term ‘debt owed to an element of the intelligence commu6 nity’ means any of the following: 

7 ‘‘(1) A debt owed to an element of the intel8 ligence community by an employee or former em9 ployee of such element for the negligent or willful 

10 loss of or damage to property of such element that 

11 was procured by such element using appropriated 

12 funds. 

13 ‘‘(2) A debt owed to an element of the intel14 ligence community by an employee or former em15 ployee of such element as repayment for default on 

16 the terms and conditions associated with a scholar17 ship, fellowship, or other educational assistance pro18 vided to such individual by such element, whether in 

19 exchange for future services or otherwise, using ap20 propriated funds. 

21 ‘‘(3) Any other debt or repayment owed to an 

22 element of the intelligence community by a private 

23 person or entity by reason of the negligent or willful 

24 action of such person or entity, as determined by a 

ycherry on PROD1PC64 with BILLS
27 

S 3237 RS 

1 court of competent jurisdiction or in a lawful admin2 istrative proceeding.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 in the first section of that Act is amended by adding at 

5 the end the following new item: 

‘‘Sec. 1103. Retention and use of amounts paid as debts to elements of the intelligence community.’’. 

6 SEC. 310. PILOT PROGRAM ON DISCLOSURE OF RECORDS 

7 UNDER THE PRIVACY ACT RELATING TO CER8 TAIN INTELLIGENCE ACTIVITIES. 

9 (a) IN GENERAL.—Subsection (b) of section 552a of 

10 title 5, United States Code, is amended— 

11 (1) in paragraph (11), by striking ‘‘or’’ at the 

12 end; 

13 (2) in paragraph (12), by striking the period 

14 and inserting ‘‘; or’’; and 

15 (3) by adding at the end the following new 

16 paragraph: 

17 ‘‘(13) to an element of the intelligence commu18 nity set forth in or designated under section 3(4) of 

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

20 401a(4))— 

21 ‘‘(A) by another element of the intelligence 

22 community that maintains the record, if the 

23 record is relevant to a lawful and authorized 

24 foreign intelligence or counterintelligence activycherry on PROD1PC64 with BILLS
28 

S 3237 RS 

1 ity conducted by the receiving element of the in2 telligence community and pertains to an identi3 fiable individual or, upon the authorization of 

4 the Director of National Intelligence (or a des5 ignee of the Director in a position not lower 

6 than Deputy Director of National Intelligence), 

7 other than an identifiable individual; or 

8 ‘‘(B) by any other agency that maintains 

9 the record, if— 

10 ‘‘(i) the head of the element of the in11 telligence community makes a written re12 quest to that agency specifying the par13 ticular portion of the record that is rel14 evant to a lawful and authorized activity of 

15 the element of the intelligence community 

16 to protect against international terrorism 

17 or the proliferation of weapons of mass de18 struction; or 

19 ‘‘(ii) the head of that agency deter20 mines that— 

21 ‘‘(I) the record, or particular por22 tion thereof, constitutes terrorism in23 formation (as that term is defined in 

24 section 1016(a)(4) of the National Se25 curity Intelligence Reform Act of 

ycherry on PROD1PC64 with BILLS
29 

S 3237 RS 

1 2004 (title I of Public Law 108–458)) 

2 or information concerning the pro3 liferation of weapons of mass destruc4 tion; and 

5 ‘‘(II) the disclosure of the record, 

6 or particular portion thereof, will be 

7 to an element of the intelligence com8 munity authorized to collect and ana9 lyze foreign intelligence or counter10 intelligence information related to 

11 international terrorism or the pro12 liferation of weapons of mass destruc13 tion.’’. 

14 (b) EXEMPTION FROM CERTAIN PRIVACY ACT RE15 QUIREMENTS FOR RECORD ACCESS AND ACCOUNTING

16 FOR DISCLOSURES.—Elements of the intelligence commu17 nity set forth in or designated under section 3(4) of the 

18 National Security Act of 1947 (50 U.S.C. 401a(4)) receiv19 ing a disclosure under subsection (b)(13) of section 552a 

20 of title 5, United States Code, shall not be required to 

21 comply with subsection (c)(3), (c)(4), or (d) of such sec22 tion 552a with respect to such disclosure, or the records, 

23 or portions thereof, disclosed under subsection (b)(13) of 

24 such section 552a. 

ycherry on PROD1PC64 with BILLS
30 

S 3237 RS 

1 (c) CONSULTATION ON DETERMINATIONS OF INFOR2 MATION TYPE.—Such section is further amended by add3 ing at the end the following new subsection: 

4 ‘‘(w) AUTHORITY TO CONSULT ON DETERMINATIONS

5 OF INFORMATION TYPE.—When determining for purposes 

6 of subsection (b)(13)(B)(ii) whether a record constitutes 

7 terrorism information (as that term is defined in section 

8 1016(a)(4)) of the National Security Intelligence Reform 

9 Act of 2004 (title I of Public Law 108–458; 118 Stat. 

10 3665)) or information concerning the proliferation of 

11 weapons of mass destruction, the head of an agency may 

12 consult with the Director of National Intelligence or the 

13 Attorney General.’’. 

14 (d) CONSTRUCTION.—Nothing in the amendments 

15 made by this section shall be deemed to constitute author16 ity for the receipt, collection, or retention of information 

17 unless the receipt, collection, or retention of such informa18 tion by the element of the intelligence community con19 cerned is otherwise authorized by the Constitution, laws, 

20 or Executive orders of the United States. 

21 (e) RECORDKEEPING REQUIREMENTS.— 

22 (1) RETENTION OF REQUESTS.—Any request 

23 made by the head of an element of the intelligence 

24 community to another department or agency of the 

25 Federal Government under paragraph (13)(B)(i) of 

ycherry on PROD1PC64 with BILLS
31 

S 3237 RS 

1 section 552a(b) of title 5, United States Code (as 

2 added by subsection (a)), shall be retained by such 

3 element of the intelligence community in a manner 

4 consistent with the protection of intelligence sources 

5 and methods. Any request so retained should be ac6 companied by an explanation that supports the as7 sertion of the element of the intelligence community 

8 requesting the record that the information was, at 

9 the time of request, relevant to a lawful and author10 ized activity to protect against international ter11 rorism or the proliferation of weapons of mass de12 struction. 

13 (2) ACCESS TO RETAINED REQUESTS.—An ele14 ment of the intelligence community retaining a re15 quest, and any accompanying explanation, under 

16 paragraph (1) shall, consistent with the protection of 

17 intelligence sources and methods, provide access to 

18 such request, and any accompanying explanation, to 

19 the following: 

20 (A) The head of the department or agency 

21 of the Federal Government receiving such re22 quest, or the designee of the head of such de23 partment or agency, if— 

24 (i) the access of such official to such 

25 request, and any accompanying explaycherry on PROD1PC64 with BILLS
32 

S 3237 RS 

1 nation, is consistent with the protection of 

2 intelligence sources and methods; 

3 (ii) such official is appropriately 

4 cleared for access to such request, and any 

5 accompanying explanation; and 

6 (iii) the access of such official to such 

7 request, and any accompanying expla8 nation, is necessary for the performance of 

9 the duties of such official. 

10 (B) The Select Committee on Intelligence 

11 of the Senate or the Permanent Select Com12 mittee on Intelligence of the House of Rep13 resentatives. 

14 (C) The Inspector General of any element 

15 of the intelligence community having jurisdic16 tion over the matter. 

17 (f) REPORTS.— 

18 (1) ANNUAL REPORTS.—Not later than one 

19 year after the date of the enactment of this Act, and 

20 annually thereafter through the termination of this 

21 section and the amendments made by this section 

22 under subsection (j), the Director of National Intel23 ligence and the Attorney General, in coordination 

24 with the Privacy and Civil Liberties Oversight 

25 Board, shall jointly submit to the appropriate comycherry on PROD1PC64 with BILLS
33 

S 3237 RS 

1 mittees of Congress a report on the administration 

2 of this section and the amendments made by this 

3 section. 

4 (2) FINAL REPORT.—Not later than six months 

5 before the date specified in subsection (j), the Direc6 tor of National Intelligence and the Attorney Gen7 eral, in coordination with the Privacy and Civil Lib8 erties Oversight Board, shall jointly submit to the 

9 appropriate committees of Congress a report on ad10 ministration of this section and the amendments 

11 made by this section. The report shall include the 

12 recommendations of the Director and the Attorney 

13 General, as they consider appropriate, regarding the 

14 continuation in effect of such amendments after 

15 such date. 

16 (3) REVIEW AND REPORT BY PRIVACY AND

17 CIVIL LIBERTIES OVERSIGHT BOARD.—Not later 

18 than six months before the date specified in sub19 section (j), the Privacy and Civil Liberties Oversight 

20 Board shall— 

21 (A) review the administration of the 

22 amendments made by this section; and 

23 (B) in a manner consistent with section 

24 1061(c)(1) of the National Security Intelligence 

25 Reform Act of 2004 (title I of Public Law 108– 

ycherry on PROD1PC64 with BILLS
34 

S 3237 RS 

1 458; 118 Stat. 3684; 5 U.S.C. 601 note), sub2 mit to the appropriate committees of Congress 

3 a report providing such advice and counsel on 

4 the administration of this section and the 

5 amendments made by this section as the Board 

6 considers appropriate. 

7 (4) FORM OF REPORTS.—Each report under 

8 this subsection shall, to the maximum extent prac9 ticable, be submitted in unclassified form. Any clas10 sified annex included with such a report shall be 

11 submitted to the Select Committee on Intelligence of 

12 the Senate and the Permanent Select Committee on 

13 Intelligence of the House of Representatives. 

14 (g) GUIDELINES.— 

15 (1) IN GENERAL.—Not later than six months 

16 after the date of the enactment of this Act, the At17 torney General and the Director of National Intel18 ligence shall, in consultation with the Secretary of 

19 Defense and other appropriate officials, jointly pre20 scribe guidelines governing the implementation and 

21 exercise of the authorities provided in this section 

22 and the amendments made by this section. 

23 (2) ELEMENTS.—The guidelines prescribed 

24 under paragraph (1) shall— 

ycherry on PROD1PC64 with BILLS
35 

S 3237 RS 

1 (A) ensure that the authorities provided 

2 under paragraph (13) of section 552a(b) of title 

3 5, United States Code (as added by subsection 

4 (a)), are implemented in a manner that protects 

5 the rights under the Constitution of United 

6 States persons; 

7 (B) direct that all applicable policies and 

8 procedures governing the receipt, collection, re9 tention, analysis, and dissemination of foreign 

10 intelligence information concerning United 

11 States persons are appropriately followed; and 

12 (C) provide that the authorities provided 

13 under paragraph (13) of section 552a(b) of title 

14 5, United States Code (as so added), are imple15 mented in a manner consistent with existing 

16 laws, regulations, and Executive orders gov17 erning the conduct of intelligence activities. 

18 (3) FORM.—The guidelines prescribed under 

19 paragraph (1) shall be unclassified, to the maximum 

20 extent practicable, but may include a classified 

21 annex. 

22 (4) SUBMITTAL TO CONGRESS.—The guidelines 

23 prescribed under paragraph (1) shall be submitted 

24 to the appropriate committees of Congress. Any clas25 sified annex included with such guidelines shall be 

ycherry on PROD1PC64 with BILLS
36 

S 3237 RS 

1 submitted to the Select Committee on Intelligence of 

2 the Senate and the Permanent Select Committee on 

3 Intelligence of the House of Representatives. 

4 (h) EFFECTIVE DATE.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), this section and the amendments made by 

7 this section shall take effect on the date of the 

8 issuance of the guidelines required by subsection (g). 

9 (2) CERTAIN REQUIREMENTS.—Subsections (f) 

10 and (g) shall take effect on the date of the enact11 ment of this Act. 

12 (i) APPROPRIATE COMMITTEES OF CONGRESS DE13 FINED.—In this section, the term ‘‘appropriate commit14 tees of Congress’’ means— 

15 (1) the Committee on Homeland Security and 

16 Governmental Affairs and the Select Committee on 

17 Intelligence of the Senate; and 

18 (2) the Committee on Government Reform and 

19 the Permanent Select Committee on Intelligence of 

20 the House of Representatives. 

21 (j) TERMINATION.—This section and the amend22 ments made by this section shall cease to have effect on 

23 the date that is three years after the date of the issuance 

24 of the guidelines required by subsection (g). 

ycherry on PROD1PC64 with BILLS
37 

S 3237 RS 

1 SEC. 311. EXTENSION TO INTELLIGENCE COMMUNITY OF 

2 AUTHORITY TO DELETE INFORMATION 

3 ABOUT RECEIPT AND DISPOSITION OF FOR4 EIGN GIFTS AND DECORATIONS. 

5 Paragraph (4) of section 7342(f) of title 5, United 

6 States Code, is amended to read as follows: 

7 ‘‘(4)(A) In transmitting such listings for an element 

8 of the intelligence community, the head of such element 

9 may delete the information described in subparagraphs 

10 (A) and (C) of paragraphs (2) and (3) if the head of such 

11 element certifies in writing to the Secretary of State that 

12 the publication of such information could adversely affect 

13 United States intelligence sources or methods. 

14 ‘‘(B) Any information not provided to the Secretary 

15 of State pursuant to the authority in subparagraph (A) 

16 shall be transmitted to the Director of National Intel17 ligence. 

18 ‘‘(C) In this paragraph, the term ‘element of the in19 telligence community’ means an element of the intelligence 

20 community listed in or designated under section 3(4) of 

21 the National Security Act of 1947 (50 U.S.C. 401a(4)).’’. 

22 SEC. 312. AVAILABILITY OF FUNDS FOR TRAVEL AND 

23 TRANSPORTATION OF PERSONAL EFFECTS, 

24 HOUSEHOLD GOODS, AND AUTOMOBILES. 

25 (a) FUNDS OF OFFICE OF DIRECTOR OF NATIONAL

26 INTELLIGENCE.—Funds appropriated to the Office of the 

ycherry on PROD1PC64 with BILLS
38 

S 3237 RS 

1 Director of National Intelligence and available for travel 

2 and transportation expenses shall be available for such ex3 penses when any part of the travel or transportation con4 cerned begins in a fiscal year pursuant to travel orders 

5 issued in such fiscal year, notwithstanding that such travel 

6 or transportation is or may not be completed during such 

7 fiscal year. 

8 (b) FUNDS OF CENTRAL INTELLIGENCE AGENCY.— 

9 Funds appropriated to the Central Intelligence Agency 

10 and available for travel and transportation expenses shall 

11 be available for such expenses when any part of the travel 

12 or transportation concerned begins in a fiscal year pursu13 ant to travel orders issued in such fiscal year, notwith14 standing that such travel or transportation is or may not 

15 be completed during such fiscal year. 

16 (c) TRAVEL AND TRANSPORTATION EXPENSES DE17 FINED.—In this section, the term ‘‘travel and transpor18 tation expenses’’ means the following: 

19 (1) Expenses in connection with travel of per20 sonnel, including travel of dependents. 

21 (2) Expenses in connection with transportation 

22 of personal effects, household goods, or automobiles 

23 of personnel. 

ycherry on PROD1PC64 with BILLS
39 

S 3237 RS 

1 SEC. 313. DIRECTOR OF NATIONAL INTELLIGENCE REPORT 

2 ON COMPLIANCE WITH THE DETAINEE 

3 TREATMENT ACT OF 2005. 

4 (a) REPORT REQUIRED.—Not later than September 

5 1, 2006, the Director of National Intelligence shall submit 

6 to the congressional intelligence committees a comprehen7 sive report on all measures taken by the Office of the Di8 rector of National Intelligence and by each element, if any, 

9 of the intelligence community with relevant responsibilities 

10 to comply with the provisions of the Detainee Treatment 

11 Act of 2005 (title X of division A of Public Law 109– 

12 148). 

13 (b) ELEMENTS.—The report required by subsection 

14 (a) shall include the following: 

15 (1) A description of the detention or interroga16 tion methods, if any, that have been determined to 

17 comply with section 1003 of the Detainee Treatment 

18 Act of 2005 (119 Stat. 2739; 42 U.S.C. 2000dd), 

19 and, with respect to each such method— 

20 (A) an identification of the official making 

21 such determination; and 

22 (B) a statement of the basis for such de23 termination. 

24 (2) A description of the detention or interroga25 tion methods, if any, whose use has been disconycherry on PROD1PC64 with BILLS
40 

S 3237 RS 

1 tinued pursuant to the Detainee Treatment Act of 

2 2005, and, with respect to each such method— 

3 (A) an identification of the official making 

4 the determination to discontinue such method; 

5 and 

6 (B) a statement of the basis for such de7 termination. 

8 (3) A description of any actions that have been 

9 taken to implement section 1004 of the Detainee 

10 Treatment Act of 2005 (119 Stat. 2740; 42 U.S.C. 

11 2000dd–1), and, with respect to each such action— 

12 (A) an identification of the official taking 

13 such action; and 

14 (B) a statement of the basis for such ac15 tion. 

16 (4) Any other matters that the Director con17 siders necessary to fully and currently inform the 

18 congressional intelligence committees about the im19 plementation of the Detainee Treatment Act of 

20 2005. 

21 (5) An appendix containing— 

22 (A) all guidelines for the application of the 

23 Detainee Treatment Act of 2005 to the deten24 tion or interrogation activities, if any, of any 

25 element of the intelligence community; and 

ycherry on PROD1PC64 with BILLS
41 

S 3237 RS 

1 (B) all legal opinions of any office or offi2 cial of the Department of Justice about the 

3 meaning or application of Detainee Treatment 

4 Act of 2005 with respect to the detention or in5 terrogation activities, if any, of any element of 

6 the intelligence community. 

7 (c) FORM.—The report required by subsection (a) 

8 shall be submitted in classified form. 

9 (d) DEFINITIONS.—In this section: 

10 (1) The term ‘‘congressional intelligence com11 mittees’’ means— 

12 (A) the Select Committee on Intelligence of 

13 the Senate; and 

14 (B) the Permanent Select Committee of 

15 the House of Representatives. 

16 (2) The term ‘‘intelligence community’’ means 

17 the elements of the intelligence community specified 

18 in or designated under section 3(4) of the National 

19 Security Act of 1947 (50 U.S.C. 401a(4)). 

20 SEC. 314. REPORT ON ALLEGED CLANDESTINE DETENTION 

21 FACILITIES FOR INDIVIDUALS CAPTURED IN 

22 THE GLOBAL WAR ON TERRORISM. 

23 (a) IN GENERAL.—The President shall ensure that 

24 the United States Government continues to comply with 

25 the authorization, reporting, and notification requirements 

ycherry on PROD1PC64 with BILLS
42 

S 3237 RS 

1 of title V of the National Security Act of 1947 (50 U.S.C. 

2 413 et seq.). 

3 (b) DIRECTOR OF NATIONAL INTELLIGENCE RE4 PORT.— 

5 (1) REPORT REQUIRED.—Not later than 60 

6 days after the date of the enactment of this Act, the 

7 Director of National Intelligence shall provide to the 

8 members of the Select Committee on Intelligence of 

9 the Senate and the Permanent Select Committee on 

10 Intelligence of the House of Representatives a de11 tailed report setting forth the nature and cost of, 

12 and otherwise providing a full accounting on, any 

13 clandestine prison or detention facility currently or 

14 formerly operated by the United States Government, 

15 regardless of location, where detainees in the global 

16 war on terrorism are or were being held. 

17 (2) ELEMENTS.—The report required by para18 graph (1) shall set forth, for each prison or facility, 

19 if any, covered by such report, the following: 

20 (A) The location and size of such prison or 

21 facility. 

22 (B) If such prison or facility is no longer 

23 being operated by the United States Govern24 ment, the disposition of such prison or facility. 

ycherry on PROD1PC64 with BILLS
43 

S 3237 RS 

1 (C) The number of detainees currently 

2 held or formerly held, as the case may be, at 

3 such prison or facility. 

4 (D) Any plans for the ultimate disposition 

5 of any detainees currently held at such prison 

6 or facility. 

7 (E) A description of the interrogation pro8 cedures used or formerly used on detainees at 

9 such prison or facility and a determination, in 

10 coordination with other appropriate officials, on 

11 whether such procedures are or were in compli12 ance with United States obligations under the 

13 Geneva Conventions and the Convention 

14 Against Torture. 

15 (3) FORM OF REPORT.—The report required by 

16 paragraph (1) shall be submitted in classified form. 

ycherry on PROD1PC64 with BILLS
44 

S 3237 RS 

1 TITLE IV—MATTERS RELATING 

2 TO ELEMENTS OF THE INTEL3 LIGENCE COMMUNITY 

4 Subtitle A—Office of the Director 

5 of National Intelligence 

6 SEC. 401. ADDITIONAL AUTHORITIES OF THE DIRECTOR OF 

7 NATIONAL INTELLIGENCE ON INTELLIGENCE 

8 INFORMATION SHARING. 

9 Section 102A(g)(1) of the National Security Act of 

10 1947 (50 U.S.C. 403–1(g)(1)) is amended— 

11 (1) in subparagraph (E), by striking ‘‘and’’ at 

12 the end; 

13 (2) in subparagraph (F), by striking the period 

14 and inserting a semicolon; and 

15 (3) by adding at the end the following the fol16 lowing new subparagraphs: 

17 ‘‘(G) in carrying out this subsection, have the 

18 authority— 

19 ‘‘(i) to direct the development, deployment, 

20 and utilization of systems of common concern 

21 for elements of the intelligence community, or 

22 that support the activities of such elements, re23 lated to the collection, processing, analysis, ex24 ploitation, and dissemination of intelligence in25 formation; and 

ycherry on PROD1PC64 with BILLS
45 

S 3237 RS 

1 ‘‘(ii) without regard to any provision of law 

2 relating to the transfer, reprogramming, obliga3 tion, or expenditure of funds, other than the 

4 provisions of this Act and the National Security 

5 Intelligence Reform Act of 2004 (title I of Pub6 lic Law 108–458), to expend funds for purposes 

7 associated with the development, deployment, 

8 and utilization of such systems, which funds 

9 may be received and utilized by any depart10 ment, agency, or other element of the United 

11 States Government for such purposes; and 

12 ‘‘(H) for purposes of addressing critical gaps in 

13 intelligence information sharing or access capabili14 ties, have the authority to transfer funds appro15 priated for a program within the National Intel16 ligence Program to a program funded by appropria17 tions not within the National Intelligence Program, 

18 consistent with paragraphs (3) through (7) of sub19 section (d).’’. 

20 SEC. 402. MODIFICATION OF LIMITATION ON DELEGATION 

21 BY THE DIRECTOR OF NATIONAL INTEL22 LIGENCE OF THE PROTECTION OF INTEL23 LIGENCE SOURCES AND METHODS. 

24 Section 102A(i)(3) of the National Security Act of 

25 1947 (50 U.S.C. 403–1(i)(3)) is amended by inserting beycherry on PROD1PC64 with BILLS
46 

S 3237 RS 

1 fore the period the following: ‘‘, any Deputy Director of 

2 National Intelligence, or the Chief Information Officer of 

3 the Intelligence Community’’. 

4 SEC. 403. AUTHORITY OF THE DIRECTOR OF NATIONAL IN5 TELLIGENCE TO MANAGE ACCESS TO HUMAN 

6 INTELLIGENCE INFORMATION. 

7 Section 102A(b) of the National Security Act of 1947 

8 (50 U.S.C. 403–1(b)) is amended— 

9 (1) by inserting ‘‘(1)’’ before ‘‘Unless’’; and 

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

11 paragraph: 

12 ‘‘(2) The Director of National Intelligence shall— 

13 ‘‘(A) have access to all national intelligence, in14 cluding intelligence reports, operational data, and 

15 other associated information, concerning the human 

16 intelligence operations of any element of the intel17 ligence community authorized to undertake such col18 lection; 

19 ‘‘(B) consistent with the protection of intel20 ligence sources and methods and applicable require21 ments in Executive Order 12333 (or any successor 

22 order) regarding the retention and dissemination of 

23 information concerning United States persons, en24 sure maximum access to the intelligence information 

25 contained in the information referred to in subparaycherry on PROD1PC64 with BILLS
47 

S 3237 RS 

1 graph (A) throughout the intelligence community; 

2 and 

3 ‘‘(C) consistent with subparagraph (B), provide 

4 within the Office of the Director of National Intel5 ligence a mechanism for intelligence community ana6 lysts and other officers with appropriate clearances 

7 and an official need-to-know to gain access to infor8 mation referred to in subparagraph (A) or (B) when 

9 relevant to their official responsibilities.’’. 

10 SEC. 404. ADDITIONAL ADMINISTRATIVE AUTHORITY OF 

11 THE DIRECTOR OF NATIONAL INTEL12 LIGENCE. 

13 Section 102A of the National Security Act of 1947 

14 (50 U.S.C. 403–1) is amended by adding at the end the 

15 following new subsection: 

16 ‘‘(s) ADDITIONAL ADMINISTRATIVE AUTHORITIES.— 

17 (1) Notwithstanding section 1532 of title 31, United 

18 States Code, or any other provision of law prohibiting the 

19 interagency financing of activities described in clause (i) 

20 or (ii) of subparagraph (A), in the performance of the re21 sponsibilities, authorities, and duties of the Director of 

22 National Intelligence or the Office of the Director of Na23 tional Intelligence— 

24 ‘‘(A) the Director may authorize the use of 

25 interagency financing for— 

ycherry on PROD1PC64 with BILLS
48 

S 3237 RS 

1 ‘‘(i) national intelligence centers estab2 lished by the Director under section 119B; and 

3 ‘‘(ii) boards, commissions, councils, com4 mittees, and similar groups established by the 

5 Director; and 

6 ‘‘(B) upon the authorization of the Director, 

7 any department, agency, or element of the United 

8 States Government, including any element of the in9 telligence community, may fund or participate in the 

10 funding of such activities. 

11 ‘‘(2) No provision of law enacted after the date of 

12 the enactment of this subsection shall be deemed to limit 

13 or supersede the authority in paragraph (1) unless such 

14 provision makes specific reference to the authority in that 

15 paragraph.’’. 

16 SEC. 405. CLARIFICATION OF LIMITATION ON CO-LOCATION 

17 OF THE OFFICE OF THE DIRECTOR OF NA18 TIONAL INTELLIGENCE. 

19 Section 103(e) of the National Security Act of 1947 

20 (50 U.S.C. 403–3(e)) is amended— 

21 (1) by striking ‘‘WITH’’ and inserting ‘‘OF

22 HEADQUARTERS WITH HEADQUARTERS OF’’; 

23 (2) by inserting ‘‘the headquarters of’’ before 

24 ‘‘the Office’’; and 

ycherry on PROD1PC64 with BILLS
49 

S 3237 RS 

1 (3) by striking ‘‘any other element’’ and insert2 ing ‘‘the headquarters of any other element’’. 

3 SEC. 406. ADDITIONAL DUTIES OF THE DIRECTOR OF 

4 SCIENCE AND TECHNOLOGY OF THE OFFICE 

5 OF THE DIRECTOR OF NATIONAL INTEL6 LIGENCE. 

7 (a) COORDINATION AND PRIORITIZATION OF RE8 SEARCH CONDUCTED BY ELEMENTS OF INTELLIGENCE

9 COMMUNITY.—Subsection (d) of section 103E of the Na10 tional Security Act of 1947 (50 U.S.C. 403–3e) is amend11 ed— 

12 (1) in paragraph (3)(A), by inserting ‘‘and 

13 prioritize’’ after ‘‘coordinate’’; and 

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

15 paragraph: 

16 ‘‘(4) In carrying out paragraph (3)(A), the Com17 mittee shall identify basic, advanced, and applied research 

18 programs to be carried out by elements of the intelligence 

19 community.’’. 

20 (b) DEVELOPMENT OF TECHNOLOGY GOALS.—That 

21 section is further amended— 

22 (1) in subsection (c)— 

23 (A) in paragraph (4), by striking ‘‘and’’ at 

24 the end; 

ycherry on PROD1PC64 with BILLS
50 

S 3237 RS 

1 (B) by redesignating paragraph (5) as 

2 paragraph (8); and 

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

4 following new paragraphs: 

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

6 the elements of the intelligence community to meet 

7 the technology needs of the intelligence community; 

8 ‘‘(6) under the direction of the Director, estab9 lish engineering standards and specifications appli10 cable to each acquisition of a major system (as that 

11 term is defined in section 506A(e)(3)) by the intel12 ligence community; 

13 ‘‘(7) ensure that each acquisition program of 

14 the intelligence community for a major system (as so 

15 defined) complies with the standards and specifica16 tions established under paragraph (6); and’’; and 

17 (2) by adding at the end the following new sub18 section: 

19 ‘‘(e) GOALS FOR TECHNOLOGY NEEDS OF INTEL20 LIGENCE COMMUNITY.—In carrying out subsection (c)(5), 

21 the Director of Science and Technology shall— 

22 ‘‘(1) systematically identify and assess the most 

23 significant intelligence challenges that require tech24 nical solutions; 

ycherry on PROD1PC64 with BILLS
51 

S 3237 RS 

1 ‘‘(2) examine options to enhance the responsive2 ness of research and design programs of the ele3 ments of the intelligence community to meet the re4 quirements of the intelligence community for timely 

5 support; and 

6 ‘‘(3) assist the Director of National Intelligence 

7 in establishing research and development priorities 

8 and projects for the intelligence community that— 

9 ‘‘(A) are consistent with current or future 

10 national intelligence requirements; 

11 ‘‘(B) address deficiencies or gaps in the 

12 collection, processing, analysis, or dissemination 

13 of national intelligence; 

14 ‘‘(C) take into account funding constraints 

15 in program development and acquisition; and 

16 ‘‘(D) address system requirements from 

17 collection to final dissemination (also known as 

18 ‘end-to-end architecture’).’’. 

19 (c) REPORT.—(1) Not later than June 30, 2007, the 

20 Director of National Intelligence shall submit to Congress 

21 a report containing a strategy for the development and 

22 use of technology in the intelligence community through 

23 2021. 

24 (2) The report shall include— 

ycherry on PROD1PC64 with BILLS
52 

S 3237 RS 

1 (A) an assessment of the highest priority intel2 ligence gaps across the intelligence community that 

3 may be resolved by the use of technology; 

4 (B) goals for advanced research and develop5 ment and a strategy to achieve such goals; 

6 (C) an explanation of how each advanced re7 search and development project funded under the 

8 National Intelligence Program addresses an identi9 fied intelligence gap; 

10 (D) a list of all current and projected research 

11 and development projects by research type (basic, 

12 advanced, or applied) with estimated funding levels, 

13 estimated initiation dates, and estimated completion 

14 dates; and 

15 (E) a plan to incorporate technology from re16 search and development projects into National Intel17 ligence Program acquisition programs. 

18 (3) The report may be submitted in classified form. 

19 SEC. 407. APPOINTMENT AND TITLE OF CHIEF INFORMA20 TION OFFICER OF THE INTELLIGENCE COM21 MUNITY. 

22 (a) APPOINTMENT.— 

23 (1) IN GENERAL.—Subsection (a) of section 

24 103G of the National Security Act of 1947 (50 

25 U.S.C. 403–3g) is amended by striking ‘‘the Presiycherry on PROD1PC64 with BILLS
53 

S 3237 RS 

1 dent, by and with the advice and consent of the Sen2 ate’’ and inserting ‘‘the Director of National Intel3 ligence’’. 

4 (2) APPLICABILITY.—The amendment made by 

5 paragraph (1) shall take effect on the date of the en6 actment of this Act, and shall apply with respect to 

7 any appointment of an individual as Chief Informa8 tion Officer of the Intelligence Community that is 

9 made on or after that date. 

10 (b) TITLE.—Such section is further amended— 

11 (1) in subsection (a), by inserting ‘‘of the Intel12 ligence Community’’ after ‘‘Chief Information Offi13 cer’’; 

14 (2) in subsection (b), by inserting ‘‘of the Intel15 ligence Community’’ after ‘‘Chief Information Offi16 cer’’; 

17 (3) in subsection (c), by inserting ‘‘of the Intel18 ligence Community’’ after ‘‘Chief Information Offi19 cer’’; and 

20 (4) in subsection (d), by inserting ‘‘of the Intel21 ligence Community’’ after ‘‘Chief Information Offi22 cer’’ the first place it appears. 

ycherry on PROD1PC64 with BILLS
54 

S 3237 RS 

1 SEC. 408. INSPECTOR GENERAL OF THE INTELLIGENCE 

2 COMMUNITY. 

3 (a) ESTABLISHMENT.—(1) Title I of the National Se4 curity Act of 1947 (50 U.S.C. 402 et seq.) is amended 

5 by inserting after section 103G the following new section: 

6 ‘‘INSPECTOR GENERAL OF THE INTELLIGENCE

7 COMMUNITY

8 ‘‘SEC. 103H. (a) OFFICE OF INSPECTOR GENERAL

9 OF INTELLIGENCE COMMUNITY.—There is within the Of10 fice of the Director of National Intelligence an Office of 

11 the Inspector General of the Intelligence Community. 

12 ‘‘(b) PURPOSE.—The purpose of the Office of the In13 spector General of the Intelligence Community is to— 

14 ‘‘(1) create an objective and effective office, ap15 propriately accountable to Congress, to initiate and 

16 conduct independently investigations, inspections, 

17 and audits relating to— 

18 ‘‘(A) the programs and operations of the 

19 intelligence community; 

20 ‘‘(B) the elements of the intelligence com21 munity within the National Intelligence Pro22 gram; and 

23 ‘‘(C) the relationships between the ele24 ments of the intelligence community within the 

25 National Intelligence Program and the other 

26 elements of the intelligence community; 

ycherry on PROD1PC64 with BILLS
55 

S 3237 RS 

1 ‘‘(2) recommend policies designed— 

2 ‘‘(A) to promote economy, efficiency, and 

3 effectiveness in the administration and imple4 mentation of such programs and operations, 

5 and in such relationships; and 

6 ‘‘(B) to prevent and detect fraud and 

7 abuse in such programs, operations, and rela8 tionships; 

9 ‘‘(3) provide a means for keeping the Director 

10 of National Intelligence fully and currently informed 

11 about— 

12 ‘‘(A) problems and deficiencies relating to 

13 the administration and implementation of such 

14 programs and operations, and to such relation15 ships; and 

16 ‘‘(B) the necessity for, and the progress of, 

17 corrective actions; and 

18 ‘‘(4) in the manner prescribed by this section, 

19 ensure that the congressional intelligence committees 

20 are kept similarly informed of— 

21 ‘‘(A) significant problems and deficiencies 

22 relating to the administration and implementa23 tion of such programs and operations, and to 

24 such relationships; and 

ycherry on PROD1PC64 with BILLS
56 

S 3237 RS 

1 ‘‘(B) the necessity for, and the progress of, 

2 corrective actions. 

3 ‘‘(c) INSPECTOR GENERAL OF INTELLIGENCE COM4 MUNITY.—(1) There is an Inspector General of the Intel5 ligence Community, who shall be the head of the Office 

6 of the Inspector General of the Intelligence Community, 

7 who shall be appointed by the President, by and with the 

8 advice and consent of the Senate. 

9 ‘‘(2) The nomination of an individual for appointment 

10 as Inspector General shall be made— 

11 ‘‘(A) without regard to political affiliation; 

12 ‘‘(B) solely on the basis of integrity, compliance 

13 with the security standards of the intelligence com14 munity, and prior experience in the field of intel15 ligence or national security; and 

16 ‘‘(C) on the basis of demonstrated ability in ac17 counting, financial analysis, law, management anal18 ysis, public administration, or auditing. 

19 ‘‘(3) The Inspector General shall report directly to 

20 and be under the general supervision of the Director of 

21 National Intelligence. 

22 ‘‘(4) The Inspector General may be removed from of23 fice only by the President. The President shall imme24 diately communicate in writing to the congressional intelycherry on PROD1PC64 with BILLS
57 

S 3237 RS 

1 ligence committees the reasons for the removal of any indi2 vidual from the position of Inspector General. 

3 ‘‘(d) DUTIES AND RESPONSIBILITIES.—Subject to 

4 subsections (g) and (h), it shall be the duty and responsi5 bility of the Inspector General of the Intelligence Commu6 nity— 

7 ‘‘(1) to provide policy direction for, and to plan, 

8 conduct, supervise, and coordinate independently, 

9 the investigations, inspections, and audits relating to 

10 the programs and operations of the intelligence com11 munity, the elements of the intelligence community 

12 within the National Intelligence Program, and the 

13 relationships between the elements of the intelligence 

14 community within the National Intelligence Program 

15 and the other elements of the intelligence community 

16 to ensure they are conducted efficiently and in ac17 cordance with applicable law and regulations; 

18 ‘‘(2) to keep the Director of National Intel19 ligence fully and currently informed concerning vio20 lations of law and regulations, violations of civil lib21 erties and privacy, and fraud and other serious prob22 lems, abuses, and deficiencies that may occur in 

23 such programs and operations, and in such relation24 ships, and to report the progress made in imple25 menting corrective action; 

ycherry on PROD1PC64 with BILLS
58 

S 3237 RS 

1 ‘‘(3) to take due regard for the protection of in2 telligence sources and methods in the preparation of 

3 all reports issued by the Inspector General, and, to 

4 the extent consistent with the purpose and objective 

5 of such reports, take such measures as may be ap6 propriate to minimize the disclosure of intelligence 

7 sources and methods described in such reports; and 

8 ‘‘(4) in the execution of the duties and respon9 sibilities under this section, to comply with generally 

10 accepted government auditing standards. 

11 ‘‘(e) LIMITATIONS ON ACTIVITIES.—(1) The Director 

12 of National Intelligence may prohibit the Inspector Gen13 eral of the Intelligence Community from initiating, car14 rying out, or completing any investigation, inspection, or 

15 audit if the Director determines that such prohibition is 

16 necessary to protect vital national security interests of the 

17 United States. 

18 ‘‘(2) If the Director exercises the authority under 

19 paragraph (1), the Director shall submit an appropriately 

20 classified statement of the reasons for the exercise of such 

21 authority within 7 days to the congressional intelligence 

22 committees. 

23 ‘‘(3) The Director shall advise the Inspector General 

24 at the time a report under paragraph (2) is submitted, 

25 and, to the extent consistent with the protection of intelycherry on PROD1PC64 with BILLS
59 

S 3237 RS 

1 ligence sources and methods, provide the Inspector Gen2 eral with a copy of such report. 

3 ‘‘(4) The Inspector General may submit to the con4 gressional intelligence committees any comments on a re5 port of which the Inspector General has notice under para6 graph (3) that the Inspector General considers appro7 priate. 

8 ‘‘(f) AUTHORITIES.—(1) The Inspector General of 

9 the Intelligence Community shall have direct and prompt 

10 access to the Director of National Intelligence when nec11 essary for any purpose pertaining to the performance of 

12 the duties of the Inspector General. 

13 ‘‘(2)(A) The Inspector General shall have access to 

14 any employee, or any employee of a contractor, of any ele15 ment of the intelligence community whose testimony is 

16 needed for the performance of the duties of the Inspector 

17 General. 

18 ‘‘(B) The Inspector General shall have direct access 

19 to all records, reports, audits, reviews, documents, papers, 

20 recommendations, or other material which relate to the 

21 programs and operations with respect to which the Inspec22 tor General has responsibilities under this section. 

23 ‘‘(C) The level of classification or compartmentation 

24 of information shall not, in and of itself, provide a suffiycherry on PROD1PC64 with BILLS
60 

S 3237 RS 

1 cient rationale for denying the Inspector General access 

2 to any materials under subparagraph (B). 

3 ‘‘(D) Failure on the part of any employee, or any em4 ployee of a contractor, of any element of the intelligence 

5 community to cooperate with the Inspector General shall 

6 be grounds for appropriate administrative actions by the 

7 Director or, on the recommendation of the Director, other 

8 appropriate officials of the intelligence community, includ9 ing loss of employment or the termination of an existing 

10 contractual relationship. 

11 ‘‘(3) The Inspector General is authorized to receive 

12 and investigate complaints or information from any person 

13 concerning the existence of an activity constituting a viola14 tion of laws, rules, or regulations, or mismanagement, 

15 gross waste of funds, abuse of authority, or a substantial 

16 and specific danger to the public health and safety. Once 

17 such complaint or information has been received from an 

18 employee of the Federal Government— 

19 ‘‘(A) the Inspector General shall not disclose 

20 the identity of the employee without the consent of 

21 the employee, unless the Inspector General deter22 mines that such disclosure is unavoidable during the 

23 course of the investigation or the disclosure is made 

24 to an official of the Department of Justice responycherry on PROD1PC64 with BILLS
61 

S 3237 RS 

1 sible for determining whether a prosecution should 

2 be undertaken; and 

3 ‘‘(B) no action constituting a reprisal, or threat 

4 of reprisal, for making such complaint may be taken 

5 by any employee in a position to take such actions, 

6 unless the complaint was made or the information 

7 was disclosed with the knowledge that it was false 

8 or with willful disregard for its truth or falsity. 

9 ‘‘(4) The Inspector General shall have authority to 

10 administer to or take from any person an oath, affirma11 tion, or affidavit, whenever necessary in the performance 

12 of the duties of the Inspector General, which oath, affir13 mation, or affidavit when administered or taken by or be14 fore an employee of the Office of the Inspector General 

15 of the Intelligence Community designated by the Inspector 

16 General shall have the same force and effect as if adminis17 tered or taken by or before an officer having a seal. 

18 ‘‘(5)(A) Except as provided in subparagraph (B), the 

19 Inspector General is authorized to require by subpoena the 

20 production of all information, documents, reports, an21 swers, records, accounts, papers, and other data and docu22 mentary evidence necessary in the performance of the du23 ties and responsibilities of the Inspector General. 

24 ‘‘(B) In the case of departments, agencies, and other 

25 elements of the United States Government, the Inspector 

ycherry on PROD1PC64 with BILLS
62 

S 3237 RS 

1 General shall obtain information, documents, reports, an2 swers, records, accounts, papers, and other data and evi3 dence for the purpose specified in subparagraph (A) using 

4 procedures other than by subpoenas. 

5 ‘‘(C) The Inspector General may not issue a subpoena 

6 for or on behalf of any other element of the intelligence 

7 community, including the Office of the Director of Na8 tional Intelligence. 

9 ‘‘(D) In the case of contumacy or refusal to obey a 

10 subpoena issued under this paragraph, the subpoena shall 

11 be enforceable by order of any appropriate district court 

12 of the United States. 

13 ‘‘(g) COORDINATION AMONG INSPECTORS GENERAL

14 OF INTELLIGENCE COMMUNITY.—(1) In the event of a 

15 matter within the jurisdiction of the Inspector General of 

16 the Intelligence Community that may be subject to an in17 vestigation, inspection, or audit by both the Inspector 

18 General of the Intelligence Community and an Inspector 

19 General, whether statutory or administrative, with over20 sight responsibility for an element or elements of the intel21 ligence community, the Inspector General of the Intel22 ligence Community and such other Inspector or Inspectors 

23 General shall expeditiously resolve which Inspector Gen24 eral shall conduct such investigation, inspection, or audit. 

ycherry on PROD1PC64 with BILLS
63 

S 3237 RS 

1 ‘‘(2) The Inspector General conducting an investiga2 tion, inspection, or audit covered by paragraph (1) shall 

3 submit the results of such investigation, inspection, or 

4 audit to any other Inspector General, including the Inspec5 tor General of the Intelligence Community, with jurisdic6 tion to conduct such investigation, inspection, or audit 

7 who did not conduct such investigation, inspection, or 

8 audit. 

9 ‘‘(3)(A) If an investigation, inspection, or audit cov10 ered by paragraph (1) is conducted by an Inspector Gen11 eral other than the Inspector General of the Intelligence 

12 Community, the Inspector General of the Intelligence 

13 Community may, upon completion of such investigation, 

14 inspection, or audit by such other Inspector General, con15 duct under this section a separate investigation, inspec16 tion, or audit of the matter concerned if the Inspector 

17 General of the Intelligence Community determines that 

18 such initial investigation, inspection, or audit was deficient 

19 in some manner or that further investigation, inspection, 

20 or audit is required. 

21 ‘‘(B) This paragraph shall not apply to the Inspector 

22 General of the Department of Defense or to any other In23 spector General within the Department of Defense. 

24 ‘‘(h) STAFF AND OTHER SUPPORT.—(1) The Inspec25 tor General of the Intelligence Community shall be proycherry on PROD1PC64 with BILLS
64 

S 3237 RS 

1 vided with appropriate and adequate office space at cen2 tral and field office locations, together with such equip3 ment, office supplies, maintenance services, and commu4 nications facilities and services as may be necessary for 

5 the operation of such offices. 

6 ‘‘(2)(A) Subject to applicable law and the policies of 

7 the Director of National Intelligence, the Inspector Gen8 eral shall select, appoint, and employ such officers and em9 ployees as may be necessary to carry out the functions 

10 of the Inspector General. The Inspector General shall en11 sure that any officer or employee so selected, appointed, 

12 or employed has security clearances appropriate for the 

13 assigned duties of such officer or employee. 

14 ‘‘(B) In making selections under subparagraph (A), 

15 the Inspector General shall ensure that such officers and 

16 employees have the requisite training and experience to 

17 enable the Inspector General to carry out the duties of 

18 the Inspector General effectively. 

19 ‘‘(C) In meeting the requirements of this paragraph, 

20 the Inspector General shall create within the Office of the 

21 Inspector General of the Intelligence Community a career 

22 cadre of sufficient size to provide appropriate continuity 

23 and objectivity needed for the effective performance of the 

24 duties of the Inspector General. 

ycherry on PROD1PC64 with BILLS
65 

S 3237 RS 

1 ‘‘(3)(A) Subject to the concurrence of the Director, 

2 the Inspector General may request such information or as3 sistance as may be necessary for carrying out the duties 

4 and responsibilities of the Inspector General from any de5 partment, agency, or other element of the United States 

6 Government. 

7 ‘‘(B) Upon request of the Inspector General for infor8 mation or assistance under subparagraph (A), the head 

9 of the department, agency, or element concerned shall, in10 sofar as is practicable and not in contravention of any ex11 isting statutory restriction or regulation of the depart12 ment, agency, or element, furnish to the Inspector Gen13 eral, or to an authorized designee, such information or as14 sistance. 

15 ‘‘(C) The Inspector General of the Intelligence Com16 munity may, upon reasonable notice to the head of any 

17 element of the intelligence community, conduct, as author18 ized by this section, an investigation, inspection, or audit 

19 of such element and may enter into any place occupied 

20 by such element for purposes of the performance of the 

21 duties of the Inspector General. 

22 ‘‘(i) REPORTS.—(1)(A) The Inspector General of the 

23 Intelligence Community shall, not later than January 31 

24 and July 31 of each year, prepare and submit to the Di25 rector of National Intelligence a classified, and, as approycherry on PROD1PC64 with BILLS
66 

S 3237 RS 

1 priate, unclassified semiannual report summarizing the ac2 tivities of the Office of the Inspector General of the Intel3 ligence Community during the immediately preceding 6- 

4 month periods ending December 31 (of the preceding 

5 year) and June 30, respectively. 

6 ‘‘(B) Each report under this paragraph shall include, 

7 at a minimum, the following: 

8 ‘‘(i) A list of the title or subject of each inves9 tigation, inspection, or audit conducted during the 

10 period covered by such report, including a summary 

11 of the progress of each particular investigation, in12 spection, or audit since the preceding report of the 

13 Inspector General under this paragraph. 

14 ‘‘(ii) A description of significant problems, 

15 abuses, and deficiencies relating to the administra16 tion and implementation of programs and operations 

17 of the intelligence community, and in the relation18 ships between elements of the intelligence commu19 nity, identified by the Inspector General during the 

20 period covered by such report. 

21 ‘‘(iii) A description of the recommendations for 

22 corrective or disciplinary action made by the Inspec23 tor General during the period covered by such report 

24 with respect to significant problems, abuses, or defi25 ciencies identified in clause (ii). 

ycherry on PROD1PC64 with BILLS
67 

S 3237 RS 

1 ‘‘(iv) A statement whether or not corrective or 

2 disciplinary action has been completed on each sig3 nificant recommendation described in previous semi4 annual reports, and, in a case where corrective ac5 tion has been completed, a description of such cor6 rective action. 

7 ‘‘(v) A certification whether or not the Inspec8 tor General has had full and direct access to all in9 formation relevant to the performance of the func10 tions of the Inspector General. 

11 ‘‘(vi) A description of the exercise of the sub12 poena authority under subsection (f)(5) by the In13 spector General during the period covered by such 

14 report. 

15 ‘‘(vii) Such recommendations as the Inspector 

16 General considers appropriate for legislation to pro17 mote economy, efficiency, and effectiveness in the 

18 administration and implementation of programs and 

19 operations undertaken by the intelligence commu20 nity, and in the relationships between elements of 

21 the intelligence community, and to detect and elimi22 nate fraud and abuse in such programs and oper23 ations and in such relationships. 

24 ‘‘(C) Not later than the 30 days after the date of 

25 receipt of a report under subparagraph (A), the Director 

ycherry on PROD1PC64 with BILLS
68 

S 3237 RS 

1 shall transmit the report to the congressional intelligence 

2 committees together with any comments the Director con3 siders appropriate. 

4 ‘‘(2)(A) The Inspector General shall report imme5 diately to the Director whenever the Inspector General be6 comes aware of particularly serious or flagrant problems, 

7 abuses, or deficiencies relating to the administration and 

8 implementation of programs or operations of the intel9 ligence community or in the relationships between ele10 ments of the intelligence community. 

11 ‘‘(B) The Director shall transmit to the congressional 

12 intelligence committees each report under subparagraph 

13 (A) within seven calendar days of receipt of such report, 

14 together with such comments as the Director considers ap15 propriate. 

16 ‘‘(3) In the event that— 

17 ‘‘(A) the Inspector General is unable to resolve 

18 any differences with the Director affecting the exe19 cution of the duties or responsibilities of the Inspec20 tor General; 

21 ‘‘(B) an investigation, inspection, or audit car22 ried out by the Inspector General focuses on any 

23 current or former intelligence community official 

24 who— 

ycherry on PROD1PC64 with BILLS
69 

S 3237 RS 

1 ‘‘(i) holds or held a position in an element 

2 of the intelligence community that is subject to 

3 appointment by the President, whether or not 

4 by and with the advice and consent of the Sen5 ate, including such a position held on an acting 

6 basis; 

7 ‘‘(ii) holds or held a position in an element 

8 of the intelligence community, including a posi9 tion held on an acting basis, that is appointed 

10 by the Director of National Intelligence; or 

11 ‘‘(iii) holds or held a position as head of an 

12 element of the intelligence community or a posi13 tion covered by subsection (b) or (c) of section 

14 106; 

15 ‘‘(C) a matter requires a report by the Inspec16 tor General to the Department of Justice on possible 

17 criminal conduct by a current or former official de18 scribed in subparagraph (B); 

19 ‘‘(D) the Inspector General receives notice from 

20 the Department of Justice declining or approving 

21 prosecution of possible criminal conduct of any cur22 rent or former official described in subparagraph 

23 (B); or 

24 ‘‘(E) the Inspector General, after exhausting all 

25 possible alternatives, is unable to obtain significant 

ycherry on PROD1PC64 with BILLS
70 

S 3237 RS 

1 documentary information in the course of an inves2 tigation, inspection, or audit, 

3 the Inspector General shall immediately notify and submit 

4 a report on such matter to the congressional intelligence 

5 committees. 

6 ‘‘(4) Pursuant to title V, the Director shall submit 

7 to the congressional intelligence committees any report or 

8 findings and recommendations of an investigation, inspec9 tion, or audit conducted by the office which has been re10 quested by the Chairman or Vice Chairman or Ranking 

11 Minority Member of either committee. 

12 ‘‘(5)(A) An employee of an element of the intelligence 

13 community, an employee assigned or detailed to an ele14 ment of the intelligence community, or an employee of a 

15 contractor to the intelligence community who intends to 

16 report to Congress a complaint or information with respect 

17 to an urgent concern may report such complaint or infor18 mation to the Inspector General. 

19 ‘‘(B) Not later than the end of the 14-calendar day 

20 period beginning on the date of receipt from an employee 

21 of a complaint or information under subparagraph (A), 

22 the Inspector General shall determine whether the com23 plaint or information appears credible. Upon making such 

24 a determination, the Inspector General shall transmit to 

ycherry on PROD1PC64 with BILLS
71 

S 3237 RS 

1 the Director a notice of that determination, together with 

2 the complaint or information. 

3 ‘‘(C) Upon receipt of a transmittal from the Inspector 

4 General under subparagraph (B), the Director shall, with5 in seven calendar days of such receipt, forward such trans6 mittal to the congressional intelligence committees, to7 gether with any comments the Director considers appro8 priate. 

9 ‘‘(D)(i) If the Inspector General does not find cred10 ible under subparagraph (B) a complaint or information 

11 submitted under subparagraph (A), or does not transmit 

12 the complaint or information to the Director in accurate 

13 form under subparagraph (B), the employee (subject to 

14 clause (ii)) may submit the complaint or information to 

15 Congress by contacting either or both of the congressional 

16 intelligence committees directly. 

17 ‘‘(ii) An employee may contact the intelligence com18 mittees directly as described in clause (i) only if the em19 ployee— 

20 ‘‘(I) before making such a contact, furnishes to 

21 the Director, through the Inspector General, a state22 ment of the employee’s complaint or information and 

23 notice of the employee’s intent to contact the con24 gressional intelligence committees directly; and 

ycherry on PROD1PC64 with BILLS
72 

S 3237 RS 

1 ‘‘(II) obtains and follows from the Director, 

2 through the Inspector General, direction on how to 

3 contact the intelligence committees in accordance 

4 with appropriate security practices. 

5 ‘‘(iii) A member or employee of one of the congres6 sional intelligence committees who receives a complaint or 

7 information under clause (i) does so in that member or 

8 employee’s official capacity as a member or employee of 

9 such committee. 

10 ‘‘(E) The Inspector General shall notify an employee 

11 who reports a complaint or information to the Inspector 

12 General under this paragraph of each action taken under 

13 this paragraph with respect to the complaint or informa14 tion. Such notice shall be provided not later than 3 days 

15 after any such action is taken. 

16 ‘‘(F) An action taken by the Director or the Inspector 

17 General under this paragraph shall not be subject to judi18 cial review. 

19 ‘‘(G) In this paragraph, the term ‘urgent concern’ 

20 means any of the following: 

21 ‘‘(i) A serious or flagrant problem, abuse, viola22 tion of law or Executive order, or deficiency relating 

23 to the funding, administration, or operations of an 

24 intelligence activity involving classified information, 

ycherry on PROD1PC64 with BILLS
73 

S 3237 RS 

1 but does not include differences of opinions con2 cerning public policy matters. 

3 ‘‘(ii) A false statement to Congress, or a willful 

4 withholding from Congress, on an issue of material 

5 fact relating to the funding, administration, or oper6 ation of an intelligence activity. 

7 ‘‘(iii) An action, including a personnel action 

8 described in section 2302(a)(2)(A) of title 5, United 

9 States Code, constituting reprisal or threat of re10 prisal prohibited under subsection (f)(3)(B) of this 

11 section in response to an employee’s reporting an ur12 gent concern in accordance with this paragraph. 

13 ‘‘(H) In support of this paragraph, Congress makes 

14 the findings set forth in paragraphs (1) through (6) of 

15 section 701(b) of the Intelligence Community Whistle16 blower Protection Act of 1998 (title VII of Public Law 

17 105–272; 5 U.S.C. App. 8H note). 

18 ‘‘(6) In accordance with section 535 of title 28, 

19 United States Code, the Inspector General shall report to 

20 the Attorney General any information, allegation, or com21 plaint received by the Inspector General relating to viola22 tions of Federal criminal law that involves a program or 

23 operation of an element of the intelligence community, or 

24 in the relationships between the elements of the intel25 ligence community, consistent with such guidelines as may 

ycherry on PROD1PC64 with BILLS
74 

S 3237 RS 

1 be issued by the Attorney General pursuant to subsection 

2 (b)(2) of such section. A copy of each such report shall 

3 be furnished to the Director. 

4 ‘‘(j) SEPARATE BUDGET ACCOUNT.—The Director of 

5 National Intelligence shall, in accordance with procedures 

6 to be issued by the Director in consultation with the con7 gressional intelligence committees, include in the National 

8 Intelligence Program budget a separate account for the 

9 Office of Inspector General of the Intelligence Community. 

10 ‘‘(k) CONSTRUCTION OF DUTIES REGARDING ELE11 MENTS OF INTELLIGENCE COMMUNITY.—Except as re12 solved pursuant to subsection (g), the performance by the 

13 Inspector General of the Intelligence Community of any 

14 duty, responsibility, or function regarding an element of 

15 the intelligence community shall not be construed to mod16 ify or effect the duties and responsibilities of any other 

17 Inspector General, whether statutory or administrative, 

18 having duties and responsibilities relating to such ele19 ment.’’. 

20 (2) The table of contents in the first section of the 

21 National Security Act of 1947 is amended by inserting 

22 after the item relating to section 103G the following new 

23 item: 

‘‘Sec. 103H. Inspector General of the Intelligence Community.’’. 

ycherry on PROD1PC64 with BILLS
75 

S 3237 RS 

1 (b) REPEAL OF SUPERSEDED AUTHORITY TO ES2 TABLISH POSITION.—Section 8K of the Inspector General 

3 Act of 1978 (5 U.S.C. App.) is repealed. 

4 (c) EXECUTIVE SCHEDULE LEVEL IV.—Section 

5 5314 of title 5, United States Code, is amended by adding 

6 at the end the following new item: 

7 ‘‘Inspector General of the Intelligence Commu8 nity.’’. 

9 SEC. 409. LEADERSHIP AND LOCATION OF CERTAIN OF10 FICES AND OFFICIALS. 

11 (a) NATIONAL COUNTER PROLIFERATION CEN12 TER.—Section 119A(a) of the National Security Act of 

13 1947 (50 U.S.C. 404o–1(a)) is amended— 

14 (1) by striking ‘‘(a) ESTABLISHMENT.—Not 

15 later than 18 months after the date of the enact16 ment of the National Security Intelligence Reform 

17 Act of 2004, the’’ and inserting the following: 

18 ‘‘(a) IN GENERAL.— 

19 ‘‘(1) ESTABLISHMENT.—The’’; and 

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

21 paragraphs: 

22 ‘‘(2) DIRECTOR.—The head of the National 

23 Counter Proliferation Center shall be the Director of 

24 the National Counter Proliferation Center, who shall 

ycherry on PROD1PC64 with BILLS
76 

S 3237 RS 

1 be appointed by the Director of National Intel2 ligence. 

3 ‘‘(3) LOCATION.—The National Counter Pro4 liferation Center shall be located within the Office of 

5 the Director of National Intelligence.’’. 

6 (b) OFFICERS.—Section 103(c) of that Act (50 

7 U.S.C. 403–3(c)) is amended— 

8 (1) by redesignating paragraph (9) as para9 graph (13); and 

10 (2) by inserting after paragraph (8) the fol11 lowing new paragraphs: 

12 ‘‘(9) The Chief Information Officer of the Intel13 ligence Community. 

14 ‘‘(10) The Inspector General of the Intelligence 

15 Community. 

16 ‘‘(11) The Director of the National 

17 Counterterrorism Center. 

18 ‘‘(12) The Director of the National Counter 

19 Proliferation Center.’’. 

20 SEC. 410. NATIONAL SPACE INTELLIGENCE CENTER. 

21 (a) ESTABLISHMENT.— 

22 (1) IN GENERAL.—Title I of the National Secu23 rity Act of 1947 (50 U.S.C. 401 et seq.) is amended 

24 by adding after section 119B the following new sec25 tion: 

ycherry on PROD1PC64 with BILLS
77 

S 3237 RS 

1 ‘‘NATIONAL SPACE INTELLIGENCE CENTER

2 ‘‘SEC. 119C. (a) ESTABLISHMENT.—There is estab3 lished within the Office of the Director of National Intel4 ligence a National Space Intelligence Center. 

5 ‘‘(b) DIRECTOR OF NATIONAL SPACE INTELLIGENCE

6 CENTER.—The National Intelligence Officer for Science 

7 and Technology, or a successor position designated by the 

8 Director of National Intelligence, shall act as the Director 

9 of the National Space Intelligence Center. 

10 ‘‘(c) MISSIONS.—The National Space Intelligence 

11 Center shall have the following missions: 

12 ‘‘(1) To coordinate and provide policy direction 

13 for the management of space-related intelligence as14 sets. 

15 ‘‘(2) To prioritize collection activities consistent 

16 with the National Intelligence Collection Priorities 

17 framework, or a successor framework or other docu18 ment designated by the Director of National Intel19 ligence. 

20 ‘‘(3) To provide policy direction for programs 

21 designed to ensure a sufficient cadre of government 

22 and nongovernment personnel in fields relating to 

23 space intelligence, including programs to support 

24 education, recruitment, hiring, training, and reten25 tion of qualified personnel. 

ycherry on PROD1PC64 with BILLS
78 

S 3237 RS 

1 ‘‘(4) To evaluate independent analytic assess2 ments of threats to classified United States space in3 telligence systems throughout all phases of the devel4 opment, acquisition, and operation of such systems. 

5 ‘‘(d) ACCESS TO INFORMATION.—The Director of 

6 National Intelligence shall ensure that the National Space 

7 Intelligence Center has access to all national intelligence 

8 information (as appropriate), and such other information 

9 (as appropriate and practical), necessary for the Center 

10 to carry out the missions of the Center under subsection 

11 (c). 

12 ‘‘(e) SEPARATE BUDGET ACCOUNT.—The Director of 

13 National Intelligence shall include in the National Intel14 ligence Program budget a separate line item for the Na15 tional Space Intelligence Center.’’. 

16 (2) CLERICAL AMENDMENT.—The table of con17 tents for that Act is amended by inserting after the 

18 item relating to section 119B the following new 

19 item: 

‘‘Sec. 119C. National Space Intelligence Center.’’. 

20 (b) REPORT ON ORGANIZATION OF CENTER.— 

21 (1) REPORT REQUIRED.—Not later than 180 

22 days after the date of the enactment of this Act, the 

23 Director of the National Space Intelligence Center 

24 shall submit to the Select Committee on Intelligence 

25 of the Senate and the Permanent Select Committee 

ycherry on PROD1PC64 with BILLS
79 

S 3237 RS 

1 on Intelligence of the House of Representatives a re2 port on the organizational structure of the National 

3 Space Intelligence Center established by section 

4 119C of the National Security Act of 1947 (as 

5 added by subsection (a)). 

6 (2) ELEMENTS.—The report required by para7 graph (1) shall include the following: 

8 (A) The proposed organizational structure 

9 of the National Space Intelligence Center. 

10 (B) An identification of key participants in 

11 the Center. 

12 (C) A strategic plan for the Center during 

13 the five-year period beginning on the date of 

14 the report. 

15 SEC. 411. OPERATIONAL FILES IN THE OFFICE OF THE DI16 RECTOR OF NATIONAL INTELLIGENCE. 

17 (a) IN GENERAL.—Title VII of the National Security 

18 Act of 1947 (50 U.S.C. 431 et seq.) is amended by insert19 ing before section 701 the following new section: 

20 ‘‘OPERATIONAL FILES IN THE OFFICE OF THE DIRECTOR

21 OF NATIONAL INTELLIGENCE

22 ‘‘SEC. 700. (a) EXEMPTION OF CERTAIN FILES

23 FROM SEARCH, REVIEW, PUBLICATION, OR DISCLO24 SURE.—(1) Information and records described in para25 graph (2) shall be exempt from the provisions of section 

26 552 of title 5, United States Code, that require search, 

ycherry on PROD1PC64 with BILLS
80 

S 3237 RS 

1 review, publication, or disclosure in connection therewith 

2 when— 

3 ‘‘(A) such information or records are not dis4 seminated outside the Office of the Director of Na5 tional Intelligence; or 

6 ‘‘(B) such information or records are incor7 porated into new information or records created by 

8 personnel of the Office in a manner that identifies 

9 such new information or records as incorporating 

10 such information or records and such new informa11 tion or records are not disseminated outside the Of12 fice. 

13 ‘‘(2) Information and records described in this para14 graph are the following: 

15 ‘‘(A) Information disseminated or otherwise 

16 provided to an element of the Office of the Director 

17 of National Intelligence from the operational files of 

18 an element of the intelligence community that have 

19 been exempted from search, review, publication, or 

20 disclosure in accordance with this title or any other 

21 provision of law. 

22 ‘‘(B) Any information or records created by the 

23 Office that incorporate information described in sub24 paragraph (A). 

ycherry on PROD1PC64 with BILLS
81 

S 3237 RS 

1 ‘‘(3) An operational file of an element of the intel2 ligence community from which information described in 

3 paragraph (2)(A) is disseminated or provided to the Office 

4 of the Director of National Intelligence as described in 

5 that paragraph shall remain exempt from search, review, 

6 publication, or disclosure under section 552 of title 5, 

7 United States Code, to the extent the operational files 

8 from which such information was derived remain exempt 

9 from search, review, publication, or disclosure under sec10 tion 552 of such title. 

11 ‘‘(b) SEARCH AND REVIEW OF CERTAIN FILES.—In12 formation disseminated or otherwise provided to the Office 

13 of the Director of National Intelligence by another element 

14 of the intelligence community that is not exempt from 

15 search, review, publication, or disclosure under subsection 

16 (a), and that is authorized to be disseminated outside the 

17 Office, shall be subject to search and review under section 

18 552 of title 5, United States Code, but may remain exempt 

19 from publication and disclosure under such section by the 

20 element disseminating or providing such information to 

21 the Office to the extent authorized by such section. 

22 ‘‘(c) SEARCH AND REVIEW FOR CERTAIN PUR23 POSES.—Notwithstanding subsection (a), exempted oper24 ational files shall continue to be subject to search and re25 view for information concerning any of the following: 

ycherry on PROD1PC64 with BILLS
82 

S 3237 RS 

1 ‘‘(1) United States citizens or aliens lawfully 

2 admitted for permanent residence who have re3 quested information on themselves pursuant to the 

4 provisions of section 552 or 552a of title 5, United 

5 States Code. 

6 ‘‘(2) Any special activity the existence of which 

7 is not exempt from disclosure under the provisions 

8 of section 552 of title 5, United States Code. 

9 ‘‘(3) The specific subject matter of an investiga10 tion by any of the following for any impropriety, or 

11 violation of law, Executive order, or Presidential di12 rective, in the conduct of an intelligence activity: 

13 ‘‘(A) The Select Committee on Intelligence 

14 of the Senate. 

15 ‘‘(B) The Permanent Select Committee on 

16 Intelligence of the House of Representatives. 

17 ‘‘(C) The Intelligence Oversight Board. 

18 ‘‘(D) The Department of Justice. 

19 ‘‘(E) The Office of the Director of Na20 tional Intelligence. 

21 ‘‘(F) The Office of the Inspector General 

22 of the Intelligence Community.’’. 

23 (b) CLERICAL AMENDMENT.—The table of contents 

24 in the first section of that Act is amended by inserting 

ycherry on PROD1PC64 with BILLS
83 

S 3237 RS 

1 before the item relating to section 701 the following new 

2 item: 

‘‘Sec. 700. Operational files in the Office of the Director of National Intelligence.’’. 

3 SEC. 412. ELIGIBILITY FOR INCENTIVE AWARDS OF PER4 SONNEL ASSIGNED TO THE OFFICE OF THE 

5 DIRECTOR OF NATIONAL INTELLIGENCE. 

6 (a) IN GENERAL.—Subsection (a) of section 402 of 

7 the Intelligence Authorization Act for Fiscal Year 1984 

8 (50 U.S.C. 403e–1) is amended to read as follows: 

9 ‘‘(a) AUTHORITY FOR PAYMENT OF AWARDS.—(1) 

10 The Director of National Intelligence may exercise the au11 thority granted in section 4503 of title 5, United States 

12 Code, with respect to Federal employees and members of 

13 the Armed Forces detailed or assigned to the Office of 

14 the Director of National Intelligence in the same manner 

15 as such authority may be exercised with respect to per16 sonnel of the Office. 

17 ‘‘(2) The Director of the Central Intelligence Agency 

18 may exercise the authority granted in section 4503 of title 

19 5, United States Code, with respect to Federal employees 

20 and members of the Armed Forces detailed or assigned 

21 to the Central Intelligence Agency in the same manner as 

22 such authority may be exercised with respect to personnel 

23 of the Agency.’’. 

ycherry on PROD1PC64 with BILLS
84 

S 3237 RS 

1 (b) REPEAL OF OBSOLETE AUTHORITY.—That sec2 tion is further amended— 

3 (1) by striking subsection (c); and 

4 (2) by redesignating subsection (d) as sub5 section (c). 

6 (c) EXPEDITIOUS PAYMENT.—That section is further 

7 amended by adding at the end the following new sub8 section (d): 

9 ‘‘(d) EXPEDITIOUS PAYMENT.—Payment of an 

10 award under this authority in this section shall be made 

11 as expeditiously as is practicable after the making of the 

12 award.’’. 

13 (d) CONFORMING AMENDMENTS.—That section is 

14 further amended— 

15 (1) in subsection (b), by striking ‘‘to the Cen16 tral Intelligence Agency or to the Intelligence Com17 munity Staff’’ and inserting ‘‘to the Office of the Di18 rector of National Intelligence or to the Central In19 telligence Agency’’; and 

20 (2) in subsection (c), as redesignated by sub21 section (b)(2) of this section, by striking ‘‘Director 

22 of Central Intelligence’’ and inserting ‘‘Director of 

23 National Intelligence or Director of the Central In24 telligence Agency’’. 

ycherry on PROD1PC64 with BILLS
85 

S 3237 RS 

1 (e) TECHNICAL AND STYLISTIC AMENDMENTS.— 

2 That section is further amended— 

3 (1) in subsection (b)— 

4 (A) by inserting ‘‘PERSONNEL ELIGIBLE

5 FOR AWARDS.—’’ after ‘‘(b)’’; 

6 (B) by striking ‘‘subsection (a) of this sec7 tion’’ and inserting ‘‘subsection (a)’’; and 

8 (C) by striking ‘‘a date five years before 

9 the date of enactment of this section’’ and in10 serting ‘‘December 9, 1978’’; and 

11 (2) in subsection (c), as so redesignated, by in12 serting ‘‘PAYMENT AND ACCEPTANCE OF

13 AWARDS.—’’ after ‘‘(c)’’. 

14 SEC. 413. REPEAL OF CERTAIN AUTHORITIES RELATING TO 

15 THE OFFICE OF THE NATIONAL COUNTER16 INTELLIGENCE EXECUTIVE. 

17 (a) REPEAL OF CERTAIN AUTHORITIES.—Section 

18 904 of the Counterintelligence Enhancement Act of 2002 

19 (title IX of Public Law 107–306; 50 U.S.C. 402c) is 

20 amended— 

21 (1) by striking subsections (d), (g), (h), (i), and 

22 (j); and 

23 (2) by redesignating subsections (e), (f), (k), 

24 (l), and (m) as subsections (d), (e), (f), (g), and (h), 

25 respectively. 

ycherry on PROD1PC64 with BILLS
86 

S 3237 RS 

1 (b) CONFORMING AMENDMENTS.—That section is 

2 further amended— 

3 (1) in subsection (d), as redesignated by sub4 section (a)(2) of this section, by striking ‘‘subsection 

5 (f)’’ each place it appears in paragraphs (1) and (2) 

6 and inserting ‘‘subsection (e)’’; and 

7 (2) in subsection (e), as so redesignated— 

8 (A) in paragraph (1), by striking ‘‘sub9 section (e)(1)’’ and inserting ‘‘subsection 

10 (d)(1)’’; and 

11 (B) in paragraph (2), by striking ‘‘sub12 section (e)(2)’’ and inserting ‘‘subsection 

13 (d)(2)’’. 

14 SEC. 414. INAPPLICABILITY OF FEDERAL ADVISORY COM15 MITTEE ACT TO ADVISORY COMMITTEES OF 

16 THE OFFICE OF THE DIRECTOR OF NATIONAL 

17 INTELLIGENCE. 

18 Section 4(b) of the Federal Advisory Committee Act 

19 (5 U.S.C. App.) is amended— 

20 (1) in paragraph (1), by striking ‘‘or’’; 

21 (2) in paragraph (2), by striking the period and 

22 inserting ‘‘; or’’; and 

23 (3) by adding at the end the following new 

24 paragraph: 

ycherry on PROD1PC64 with BILLS
87 

S 3237 RS 

1 ‘‘(3) the Office of the Director of National In2 telligence.’’. 

3 SEC. 415. MEMBERSHIP OF THE DIRECTOR OF NATIONAL 

4 INTELLIGENCE ON THE TRANSPORTATION 

5 SECURITY OVERSIGHT BOARD. 

6 Subparagraph (F) of section 115(b)(1) of title 49, 

7 United States Code, is amended to read as follows: 

8 ‘‘(F) The Director of National Intelligence, 

9 or the Director’s designee.’’. 

10 SEC. 416. APPLICABILITY OF THE PRIVACY ACT TO THE DI11 RECTOR OF NATIONAL INTELLIGENCE AND 

12 THE OFFICE OF THE DIRECTOR OF NATIONAL 

13 INTELLIGENCE. 

14 (a) AUTHORITY TO EXEMPT.—The Director of Na15 tional Intelligence may prescribe regulations to exempt 

16 any system of records within the Office of the Director 

17 of National Intelligence from the applicability of the provi18 sions of subsections (c)(3), (c)(4), and (d) of section 552a 

19 of title 5, United States Code. 

20 (b) PROMULGATION REQUIREMENTS.—In prescribing 

21 any regulations under subsection (a), the Director shall 

22 comply with the requirements (including general notice re23 quirements) of subsections (b), (c), and (e) of section 553 

24 of title 5, United States Code. 

ycherry on PROD1PC64 with BILLS
88 

S 3237 RS 

1 Subtitle B—Central Intelligence 

2 Agency 

3 SEC. 421. DIRECTOR AND DEPUTY DIRECTOR OF THE CEN4 TRAL INTELLIGENCE AGENCY. 

5 (a) APPOINTMENT OF DIRECTOR OF CENTRAL IN6 TELLIGENCE AGENCY.—Subsection (a) of section 104A of 

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

8 amended by inserting ‘‘from civilian life’’ after ‘‘who shall 

9 be appointed’’. 

10 (b) ESTABLISHMENT OF POSITION OF DEPUTY DI11 RECTOR OF CENTRAL INTELLIGENCE AGENCY.—Such 

12 section is further amended— 

13 (1) by redesignating subsections (b), (c), (d), 

14 (e), (f), and (g) as subsections (c), (d), (e), (f), (g), 

15 and (h), respectively; and 

16 (2) by inserting after subsection (a) the fol17 lowing new subsection (b): 

18 ‘‘(b) DEPUTY DIRECTOR OF CENTRAL INTEL19 LIGENCE AGENCY.—(1) There is a Deputy Director of the 

20 Central Intelligence Agency who shall be appointed from 

21 civilian life by the President, by and with the advice and 

22 consent of the Senate. 

23 ‘‘(2) The Deputy Director of the Central Intelligence 

24 Agency shall assist the Director of the Central Intelligence 

ycherry on PROD1PC64 with BILLS
89 

S 3237 RS 

1 Agency in carrying out the duties and responsibilities of 

2 the Director. 

3 ‘‘(3) The Deputy Director of the Central Intelligence 

4 Agency shall act for, and exercise the powers of, the Direc5 tor of the Central Intelligence Agency during the absence 

6 or disability of the Director of the Central Intelligence 

7 Agency or during a vacancy in the position of Director 

8 of the Central Intelligence Agency.’’. 

9 (c) CONFORMING AMENDMENT.—Paragraph (2) of 

10 subsection (d) of such section, as redesignated by sub11 section (b)(1) of this section, is further amended by strik12 ing ‘‘subsection (d)’’ and inserting ‘‘subsection (e)’’. 

13 (d) EXECUTIVE SCHEDULE LEVEL III.—Section 

14 5314 of title 5, United States Code, is amended by adding 

15 at the end the following new item: 

16 ‘‘Deputy Director of the Central Intelligence 

17 Agency.’’. 

18 (e) ROLE OF DNI IN APPOINTMENT.—Section 

19 106(a)(2) of the National Security Act of 1947 (50 U.S.C. 

20 403–6) is amended by adding at the end the following new 

21 subparagraph: 

22 ‘‘(C) The Deputy Director of the Central Intel23 ligence Agency.’’. 

24 (f) MILITARY STATUS OF INDIVIDUAL SERVING AS

25 DIRECTOR OF CENTRAL INTELLIGENCE AGENCY OR ADycherry on PROD1PC64 with BILLS
90 

S 3237 RS 

1 MINISTRATIVELY PERFORMING DUTIES OF DEPUTY DI2 RECTOR OF CENTRAL INTELLIGENCE AGENCY.—(1) A 

3 commissioned officer of the Armed Forces who is serving 

4 as the Director of the Central Intelligence Agency or is 

5 engaged in administrative performance of the duties of 

6 Deputy Director of the Central Intelligence Agency as of 

7 the date of the enactment of this Act shall not, while con8 tinuing in such service, or in the administrative perform9 ance of such duties, after that date— 

10 (A) be subject to supervision or control by the 

11 Secretary of Defense or by any officer or employee 

12 of the Department of Defense; or 

13 (B) exercise, by reason of the officer’s status as 

14 a commissioned officer, any supervision or control 

15 with respect to any of the military or civilian per16 sonnel of the Department of Defense except as oth17 erwise authorized by law. 

18 (2) Except as provided in subparagraph (A) or (B) 

19 of paragraph (1), the service, or the administrative per20 formance of duties, described in that paragraph by an offi21 cer described in that paragraph shall not affect the status, 

22 position, rank, or grade of such officer in the Armed 

23 Forces, or any emolument, perquisite, right, privilege, or 

24 benefit incident to or arising out of such status, position, 

25 rank, or grade. 

ycherry on PROD1PC64 with BILLS
91 

S 3237 RS 

1 (3) A commissioned officer described in paragraph 

2 (1), while serving, or continuing in the administrative per3 formance of duties, as described in that paragraph and 

4 while remaining on active duty, shall continue to receive 

5 military pay and allowances. Funds from which such pay 

6 and allowances are paid shall be reimbursed from funds 

7 available to the Director of the Central Intelligence Agen8 cy. 

9 (g) EFFECTIVE DATE AND APPLICABILITY.— 

10 (1) DIRECTOR OF CENTRAL INTELLIGENCE

11 AGENCY.—The amendment made by subsection (a) 

12 shall— 

13 (A) take effect on the date of the enact14 ment of this Act; and 

15 (B) apply upon the occurrence of any act 

16 creating a vacancy in the position of Director of 

17 the Central Intelligence Agency after such date, 

18 except that if the vacancy occurs by resignation 

19 from such position of the individual serving in 

20 such position on such date, that individual may 

21 continue serving in such position after such res22 ignation until the individual appointed to suc23 ceed such resigning individual as Director of 

24 the Central Intelligence Agency, by and with 

ycherry on PROD1PC64 with BILLS
92 

S 3237 RS 

1 the advice and consent of the Senate, assumes 

2 the duties of such position. 

3 (2) DEPUTY DIRECTOR OF CENTRAL INTEL4 LIGENCE AGENCY.—The amendments made by sub5 sections (b) through (e) shall take effect on the date 

6 of the enactment of this Act and shall apply upon 

7 the earlier of— 

8 (A) the date of the nomination by the 

9 President of an individual to serve as Deputy 

10 Director of the Central Intelligence Agency, ex11 cept that the individual administratively per12 forming the duties of the Deputy Director of 

13 the Central Intelligence Agency as of the date 

14 of the enactment of this Act may continue to 

15 perform such duties after such date of nomina16 tion and until the individual appointed to the 

17 position of Deputy Director of the Central In18 telligence Agency, by and with the advice and 

19 consent of the Senate, assumes the duties of 

20 such position; or 

21 (B) the date of the cessation of the per22 formance of the duties of Deputy Director of 

23 the Central Intelligence Agency by the indi24 vidual administratively performing such duties 

25 as of the date of the enactment of this Act. 

ycherry on PROD1PC64 with BILLS
93 

S 3237 RS 

1 SEC. 422. ENHANCED PROTECTION OF CENTRAL INTEL2 LIGENCE AGENCY INTELLIGENCE SOURCES 

3 AND METHODS FROM UNAUTHORIZED DIS4 CLOSURE. 

5 (a) RESPONSIBILITY OF DIRECTOR OF CENTRAL IN6 TELLIGENCE AGENCY UNDER NATIONAL SECURITY ACT

7 OF 1947.—Subsection (e) of section 104A of the National 

8 Security Act of 1947 (50 U.S.C. 403–4a), as redesignated 

9 by section 421(b)(1) of this Act, is further amended— 

10 (1) in paragraph (3), by striking ‘‘and’’ at the 

11 end; 

12 (2) by redesignating paragraph (4) as para13 graph (5); and 

14 (3) by inserting after paragraph (3) the fol15 lowing new paragraph (4): 

16 ‘‘(4) protect intelligence sources and methods of 

17 the Central Intelligence Agency from unauthorized 

18 disclosure, consistent with any direction issued by 

19 the President or the Director of National Intel20 ligence; and’’. 

21 (b) PROTECTION UNDER CENTRAL INTELLIGENCE

22 AGENCY ACT OF 1949.—Section 6 of the Central Intel23 ligence Agency Act of 1949 (50 U.S.C. 403g) is amended 

24 by striking ‘‘section 102A(i)’’ and all that follows through 

25 ‘‘unauthorized disclosure’’ and inserting ‘‘sections 102A(i) 

ycherry on PROD1PC64 with BILLS
94 

S 3237 RS 

1 and 104A(e)(4) of the National Security Act of 1947 (50 

2 U.S.C. 403–1(i), 403–4a(e)(4))’’. 

3 (c) CONSTRUCTION WITH EXEMPTION FROM RE4 QUIREMENT FOR DISCLOSURE OF INFORMATION TO PUB5 LIC.—Section 104A(e)(4) of the National Security Act of 

6 1947, as amended by subsection (a), and section 6 of the 

7 Central Intelligence Agency Act of 1949, as amended by 

8 subsection (b), shall be treated as statutes that specifically 

9 exempt from disclosure the matters specified in such sec10 tions for purposes of section 552(b)(3) of title 5, United 

11 States Code. 

12 (d) TECHNICAL AMENDMENTS TO CENTRAL INTEL13 LIGENCE AGENCY RETIREMENT ACT.—Section 201(c) of 

14 the Central Intelligence Agency Retirement Act (50 

15 U.S.C. 2011(c)) is amended— 

16 (1) in the subsection caption, by striking ‘‘OF

17 DCI’’; 

18 (2) by striking ‘‘section 102A(i)’’ and inserting 

19 ‘‘sections 102A(i) and 104A(e)(4)’’; 

20 (3) by striking ‘‘of National Intelligence’’; and 

21 (4) by inserting ‘‘of the Central Intelligence 

22 Agency’’ after ‘‘methods’’. 

ycherry on PROD1PC64 with BILLS
95 

S 3237 RS 

1 SEC. 423. ADDITIONAL EXCEPTION TO FOREIGN LANGUAGE 

2 PROFICIENCY REQUIREMENT FOR CERTAIN 

3 SENIOR LEVEL POSITIONS IN THE CENTRAL 

4 INTELLIGENCE AGENCY. 

5 (a) ADDITIONAL EXCEPTION.—Subsection (h) of sec6 tion 104A of the National Security Act of 1947 (50 U.S.C. 

7 403–4a), as redesignated by section 421(b)(1) of this Act, 

8 is further amended— 

9 (1) in paragraph (1)— 

10 (A) by striking ‘‘paragraph (2)’’ and in11 serting ‘‘paragraphs (2) and (3)’’; and 

12 (B) by striking ‘‘Directorate of Oper13 ations’’ and inserting ‘‘National Clandestine 

14 Service’’; 

15 (2) in paragraph (2), by striking ‘‘position or 

16 category of positions’’ each place it appears and in17 serting ‘‘individual, individuals, position, or category 

18 of positions’’; and 

19 (3) by adding at the end the following new 

20 paragraph: 

21 ‘‘(3) Paragraph (1) shall not apply to any individual 

22 in the Directorate of Intelligence or the National Clandes23 tine Service of the Central Intelligence Agency who is serv24 ing in a Senior Intelligence Service position as of Decem25 ber 23, 2005, regardless of whether such individual is a 

26 member of the Senior Intelligence Service.’’. 

ycherry on PROD1PC64 with BILLS
96 

S 3237 RS 

1 (b) REPORT ON WAIVERS.—Section 611(c) of the In2 telligence Authorization Act for Fiscal Year 2005 (Public 

3 Law 108–487; 118 Stat. 3955) is amended— 

4 (1) by striking the first sentence and inserting 

5 the following new sentence: ‘‘The Director of the 

6 Central Intelligence Agency shall submit to Congress 

7 a report that identifies individuals who, or positions 

8 within the Senior Intelligence Service in the Direc9 torate of Intelligence or the National Clandestine 

10 Service of the Central Intelligence Agency that, are 

11 determined by the Director to require a waiver 

12 under subsection (h) of section 104A of the National 

13 Security Act of 1947, as added by subsection (a) 

14 and redesignated by section 421(b)(1) of the Intel15 ligence Authorization Act for Fiscal Year 2007.’’; 

16 and 

17 (2) in the second sentence— 

18 (A) by striking ‘‘section 104A(g)(2), as so 

19 added’’ and inserting ‘‘subsection (h)(2) of sec20 tion 104A, as so added and redesignated’’; and 

21 (B) by striking ‘‘position or category of po22 sitions’’ and inserting ‘‘individual, individuals, 

23 position, or category of positions’’. 

ycherry on PROD1PC64 with BILLS
97 

S 3237 RS 

1 SEC. 424. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR 

2 PROTECTIVE PERSONNEL OF THE CENTRAL 

3 INTELLIGENCE AGENCY. 

4 Section 5(a)(4) of the Central Intelligence Agency 

5 Act of 1949 (50 U.S.C. 403f(a)(4)) is amended— 

6 (1) by inserting ‘‘(A)’’ after ‘‘(4)’’; 

7 (2) in subparagraph (A), as so designated— 

8 (A) by striking ‘‘and the protection’’ and 

9 inserting ‘‘the protection’’; and 

10 (B) by striking the semicolon and inserting 

11 ‘‘, and the protection of the Director of Na12 tional Intelligence and such personnel of the Of13 fice of the Director of National Intelligence as 

14 the Director of National Intelligence may des15 ignate; and’’; and 

16 (3) by adding at the end the following new sub17 paragraph: 

18 ‘‘(B) Authorize personnel engaged in the per19 formance of protective functions authorized pursuant 

20 to subparagraph (A), when engaged in the perform21 ance of such functions, to make arrests without war22 rant for any offense against the United States com23 mitted in the presence of such personnel, or for any 

24 felony cognizable under the laws of the United 

25 States, if such personnel have reasonable grounds to 

26 believe that the person to be arrested has committed 

ycherry on PROD1PC64 with BILLS
98 

S 3237 RS 

1 or is committing such felony, except that any au2 thority pursuant to this subparagraph may be exer3 cised only in accordance with guidelines approved by 

4 the Director and the Attorney General and such per5 sonnel may not exercise any authority for the service 

6 of civil process or for the investigation of criminal 

7 offenses;’’. 

8 SEC. 425. DIRECTOR OF NATIONAL INTELLIGENCE REPORT 

9 ON RETIREMENT BENEFITS FOR FORMER EM10 PLOYEES OF AIR AMERICA. 

11 (a) IN GENERAL.—Not later than 120 days after the 

12 date of the enactment of this Act, the Director of National 

13 Intelligence shall submit to Congress a report on the ad14 visability of providing Federal retirement benefits to 

15 United States citizens for the service of such individuals 

16 before 1977 as employees of Air America or an associated 

17 company while such company was owned or controlled by 

18 the United States Government and operated or managed 

19 by the Central Intelligence Agency. 

20 (b) REPORT ELEMENTS.—(1) The report required by 

21 subsection (a) shall include the following: 

22 (A) The history of Air America and associated 

23 companies before 1977, including a description of— 

24 (i) the relationship between such compa25 nies and the Central Intelligence Agency and 

ycherry on PROD1PC64 with BILLS
99 

S 3237 RS 

1 other elements of the United States Govern2 ment; 

3 (ii) the workforce of such companies; 

4 (iii) the missions performed by such com5 panies and their employees for the United 

6 States; and 

7 (iv) the casualties suffered by employees of 

8 such companies in the course of their employ9 ment with such companies. 

10 (B) A description of the retirement benefits 

11 contracted for or promised to the employees of such 

12 companies before 1977, the contributions made by 

13 such employees for such benefits, the retirement 

14 benefits actually paid such employees, the entitle15 ment of such employees to the payment of future re16 tirement benefits, and the likelihood that former em17 ployees of such companies will receive any future re18 tirement benefits. 

19 (C) An assessment of the difference between— 

20 (i) the retirement benefits that former em21 ployees of such companies have received or will 

22 receive by virtue of their employment with such 

23 companies; and 

24 (ii) the retirement benefits that such em25 ployees would have received and in the future 

ycherry on PROD1PC64 with BILLS
100 

S 3237 RS 

1 receive if such employees had been, or would 

2 now be, treated as employees of the United 

3 States whose services while in the employ of 

4 such companies had been or would now be cred5 ited as Federal service for the purpose of Fed6 eral retirement benefits. 

7 (D) The recommendations of the Director re8 garding the advisability of legislative action to treat 

9 employment at such companies as Federal service 

10 for the purpose of Federal retirement benefits in 

11 light of the relationship between such companies and 

12 the United States Government and the services and 

13 sacrifices of such employees to and for the United 

14 States, and if legislative action is considered advis15 able, a proposal for such action and an assessment 

16 of its costs. 

17 (2) The Director of National Intelligence shall in18 clude in the report any views of the Director of the Central 

19 Intelligence Agency on the matters covered by the report 

20 that the Director of the Central Intelligence Agency con21 siders appropriate. 

22 (c) ASSISTANCE OF COMPTROLLER GENERAL.—The 

23 Comptroller General of the United States shall, upon the 

24 request of the Director of National Intelligence and in a 

25 manner consistent with the protection of classified inforycherry on PROD1PC64 with BILLS
101 

S 3237 RS 

1 mation, assist the Director in the preparation of the report 

2 required by subsection (a). 

3 (d) FORM.—The report required by subsection (a) 

4 shall be submitted in unclassified form, but may include 

5 a classified annex. 

6 (e) DEFINITIONS.—In this section: 

7 (1) The term ‘‘Air America’’ means Air Amer8 ica, Incorporated. 

9 (2) The term ‘‘associated company’’ means any 

10 company associated with or subsidiary to Air Amer11 ica, including Air Asia Company Limited and the 

12 Pacific Division of Southern Air Transport, Incor13 porated. 

14 Subtitle C—Defense Intelligence 

15 Components 

16 SEC. 431. ENHANCEMENTS OF NATIONAL SECURITY AGEN17 CY TRAINING PROGRAM. 

18 (a) TERMINATION OF EMPLOYEES.—Subsection 

19 (d)(1)(C) of section 16 of the National Security Agency 

20 Act of 1959 (50 U.S.C. 402 note) is amended by striking 

21 ‘‘terminated either by’’ and all that follows and inserting 

22 ‘‘terminated— 

23 ‘‘(i) by the Agency due to misconduct by 

24 the employee; 

25 ‘‘(ii) by the employee voluntarily; or 

ycherry on PROD1PC64 with BILLS
102 

S 3237 RS 

1 ‘‘(iii) by the Agency for the failure of the 

2 employee to maintain such level of academic 

3 standing in the educational course of training 

4 as the Director of the National Security Agency 

5 shall have specified in the agreement of the em6 ployee under this subsection; and’’. 

7 (b) AUTHORITY TO WITHHOLD DISCLOSURE OF AF8 FILIATION WITH NSA.—Subsection (e) of such section is 

9 amended by striking ‘‘(1) When an employee’’ and all that 

10 follows through ‘‘(2) Agency efforts’’ and inserting ‘‘Agen11 cy efforts’’. 

12 SEC. 432. CODIFICATION OF AUTHORITIES OF NATIONAL 

13 SECURITY AGENCY PROTECTIVE PER14 SONNEL. 

15 The National Security Agency Act of 1959 (50 

16 U.S.C. 402 note) is amended by adding at the end the 

17 following new section: 

18 ‘‘SEC. 20. (a) The Director is authorized to designate 

19 personnel of the Agency to perform protective functions 

20 for the Director and for any personnel of the Agency des21 ignated by the Director. 

22 ‘‘(b)(1) In the performance of protective functions 

23 under this section, personnel of the Agency designated to 

24 perform protective functions pursuant to subsection (a) 

ycherry on PROD1PC64 with BILLS
103 

S 3237 RS 

1 are authorized, when engaged in the performance of such 

2 functions, to make arrests without a warrant for— 

3 ‘‘(A) any offense against the United States 

4 committed in the presence of such personnel; or 

5 ‘‘(B) any felony cognizable under the laws of 

6 the United States if such personnel have reasonable 

7 grounds to believe that the person to be arrested has 

8 committed or is committing such felony. 

9 ‘‘(2) The authority in paragraph (1) may be exercised 

10 only in accordance with guidelines approved by the Direc11 tor and the Attorney General. 

12 ‘‘(3) Personnel of the Agency designated to perform 

13 protective functions pursuant to subsection (a) shall not 

14 exercise any authority for the service of civil process or 

15 the investigation of criminal offenses. 

16 ‘‘(c) Nothing in this section shall be construed to im17 pair or otherwise affect any authority under any other pro18 vision of law relating to the performance of protective 

19 functions.’’. 

20 SEC. 433. INSPECTOR GENERAL MATTERS. 

21 (a) COVERAGE UNDER INSPECTOR GENERAL ACT OF

22 1978.—Subsection (a)(2) of section 8G of the Inspector 

23 General Act of 1978 (5 U.S.C. App. 8G) is amended— 

ycherry on PROD1PC64 with BILLS
104 

S 3237 RS 

1 (1) by inserting ‘‘the Defense Intelligence Agen2 cy,’’ after ‘‘the Corporation for Public Broad3 casting,’’; 

4 (2) by inserting ‘‘the National Geospatial-Intel5 ligence Agency,’’ after ‘‘the National Endowment for 

6 the Arts,’’; and 

7 (3) by inserting ‘‘the National Reconnaissance 

8 Office, the National Security Agency,’’ after ‘‘the 

9 National Labor Relations Board,’’. 

10 (b) CERTAIN DESIGNATIONS UNDER INSPECTOR

11 GENERAL ACT OF 1978.—Subsection (a) of section 8H 

12 of the Inspector General Act of 1978 (5 U.S.C. App. 8H) 

13 is amended by adding at the end the following new para14 graph: 

15 ‘‘(3) The Inspectors General of the Defense Intel16 ligence Agency, the National Geospatial-Intelligence Agen17 cy, the National Reconnaissance Office, and the National 

18 Security Agency shall be designees of the Inspector Gen19 eral of the Department of Defense for purposes of this 

20 section.’’. 

21 (c) POWER OF HEADS OF ELEMENTS OVER INVES22 TIGATIONS.—Subsection (d) of section 8G of that Act— 

23 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; 

24 (2) in the second sentence of paragraph (1), as 

25 designated by paragraph (1) of this subsection, by 

ycherry on PROD1PC64 with BILLS
105 

S 3237 RS 

1 striking ‘‘The head’’ and inserting ‘‘Except as pro2 vided in paragraph (2), the head’’; and 

3 (3) by adding at the end the following new 

4 paragraph: 

5 ‘‘(2)(A) The Director of National Intelligence or the 

6 Secretary of Defense may prohibit the Inspector General 

7 of an element of the intelligence community specified in 

8 subparagraph (D) from initiating, carrying out, or com9 pleting any audit or investigation if the Director or the 

10 Secretary, as the case may be, determines that the prohibi11 tion is necessary to protect vital national security interests 

12 of the United States. 

13 ‘‘(B) If the Director or the Secretary exercises the 

14 authority under subparagraph (A), the Director or the 

15 Secretary, as the case may be, shall submit to the commit16 tees of Congress specified in subparagraph (E) an appro17 priately classified statement of the reasons for the exercise 

18 of the authority not later than seven days after the exer19 cise of the authority. 

20 ‘‘(C) At the same time the Director or the Secretary 

21 submits under subparagraph (B) a statement on the exer22 cise of the authority in subparagraph (A) to the commit23 tees of Congress specified in subparagraph (E), the Direc24 tor or the Secretary, as the case may be, shall notify the 

25 Inspector General of such element of the submittal of such 

ycherry on PROD1PC64 with BILLS
106 

S 3237 RS 

1 statement and, to the extent consistent with the protection 

2 of intelligence sources and methods, provide the Inspector 

3 General with a copy of such statement. The Inspector 

4 General may submit to such committees of Congress any 

5 comments on a notice or statement received by the Inspec6 tor General under this subparagraph that the Inspector 

7 General considers appropriate. 

8 ‘‘(D) The elements of the intelligence community 

9 specified in this subparagraph are as follows: 

10 ‘‘(i) The Defense Intelligence Agency. 

11 ‘‘(ii) The National Geospatial-Intelligence Agen12 cy. 

13 ‘‘(iii) The National Reconnaissance Office. 

14 ‘‘(iv) The National Security Agency. 

15 ‘‘(E) The committees of Congress specified in this 

16 subparagraph are— 

17 ‘‘(i) the Committee on Armed Services and the 

18 Select Committee on Intelligence of the Senate; and 

19 ‘‘(ii) the Committee on Armed Services and the 

20 Permanent Select Committee on Intelligence of the 

21 House of Representatives.’’. 

ycherry on PROD1PC64 with BILLS
107 

S 3237 RS 

1 SEC. 434. CONFIRMATION OF APPOINTMENT OF HEADS OF 

2 CERTAIN COMPONENTS OF THE INTEL3 LIGENCE COMMUNITY. 

4 (a) DIRECTOR OF NATIONAL SECURITY AGENCY.— 

5 The National Security Agency Act of 1959 (50 U.S.C. 402 

6 note) is amended by inserting after the first section the 

7 following new section: 

8 ‘‘SEC. 2. (a) There is a Director of the National Secu9 rity Agency. 

10 ‘‘(b) The Director of the National Security Agency 

11 shall be appointed by the President, by and with the advice 

12 and consent of the Senate. 

13 ‘‘(c) The Director of the National Security Agency 

14 shall be the head of the National Security Agency and 

15 shall discharge such functions and duties as are provided 

16 by this Act or otherwise by law.’’. 

17 (b) DIRECTOR OF NATIONAL GEOSPATIAL-INTEL18 LIGENCE AGENCY.—Section 441(b) of title 10, United 

19 States Code, is amended— 

20 (1) by redesignating paragraphs (2) and (3) as 

21 paragraphs (3) and (4), respectively; and 

22 (2) by inserting after paragraph (1) the fol23 lowing new paragraph (2): 

24 ‘‘(2) The Director of the National Geospatial Intel25 ligence Agency shall be appointed by the President, by and 

26 with the advice and consent of the Senate.’’. 

ycherry on PROD1PC64 with BILLS
108 

S 3237 RS 

1 (c) DIRECTOR OF NATIONAL RECONNAISSANCE OF2 FICE.—The Director of the National Reconnaissance Of3 fice shall be appointed by the President, by and with the 

4 advice and consent of the Senate. 

5 (d) POSITIONS OF IMPORTANCE AND RESPONSI6 BILITY.— 

7 (1) DESIGNATION OF POSITIONS.—The Presi8 dent may designate any of the positions referred to 

9 in paragraph (2) as positions of importance and re10 sponsibility under section 601 of title 10, United 

11 States Code. 

12 (2) COVERED POSITIONS.—The positions re13 ferred to in this paragraph are as follows: 

14 (A) The Director of the National Security 

15 Agency. 

16 (B) The Director of the National 

17 Geospatial-Intelligence Agency. 

18 (C) The Director of the National Recon19 naissance Office. 

20 (e) EFFECTIVE DATE AND APPLICABILITY.—(1) The 

21 amendments made by subsections (a) and (b), and sub22 section (c), shall take effect on the date of the enactment 

23 of this Act and shall apply upon the earlier of— 

24 (A) the date of the nomination by the President 

25 of an individual to serve in the position concerned, 

ycherry on PROD1PC64 with BILLS
109 

S 3237 RS 

1 except that the individual serving in such position as 

2 of the date of the enactment of this Act may con3 tinue to perform such duties after such date of nom4 ination and until the individual appointed to such 

5 position, by and with the advice and consent of the 

6 Senate, assumes the duties of such position; or 

7 (B) the date of the cessation of the perform8 ance of the duties of such position by the individual 

9 performing such duties as of the date of the enact10 ment of this Act. 

11 (2) Subsection (d) shall take effect on the date of 

12 the enactment of this Act. 

13 SEC. 435. CLARIFICATION OF NATIONAL SECURITY MIS14 SIONS OF NATIONAL GEOSPATIAL-INTEL15 LIGENCE AGENCY FOR ANALYSIS AND DIS16 SEMINATION OF CERTAIN INTELLIGENCE IN17 FORMATION. 

18 Section 442(a) of title 10, United States Code, is 

19 amended— 

20 (1) by redesignating paragraph (2) as para21 graph (3); 

22 (2) by inserting after paragraph (1) the fol23 lowing new paragraph (2): 

24 ‘‘(2)(A) As directed by the Director of National Intel25 ligence, the National Geospatial-Intelligence Agency shall 

ycherry on PROD1PC64 with BILLS
110 

S 3237 RS 

1 also analyze, disseminate, and incorporate into the Na2 tional System for Geospatial-Intelligence, likenesses, vid3 eos, or presentations produced by ground-based platforms, 

4 including handheld or clandestine photography taken by 

5 or on behalf of human intelligence collection organizations 

6 or available as open-source information. 

7 ‘‘(B) The authority provided by this paragraph does 

8 not include the authority to manage or direct the tasking 

9 of, set requirements and priorities for, set technical re10 quirements related to, or modify any classification or dis11 semination limitations related to the collection of, 

12 handheld or clandestine photography taken by or on behalf 

13 of human intelligence collection organizations.’’; and 

14 (3) in paragraph (3), as so redesignated, by 

15 striking ‘‘paragraph (1)’’ and inserting ‘‘paragraphs 

16 (1) and (2)’’. 

17 SEC. 436. SECURITY CLEARANCES IN THE NATIONAL 

18 GEOSPATIAL-INTELLIGENCE AGENCY. 

19 The Secretary of Defense shall, during the period be20 ginning on the date of the enactment of this Act and end21 ing on December 31, 2007, delegate to the Director of 

22 the National Geospatial-Intelligence Agency personnel se23 curity authority with respect to the National Geospatial24 Intelligence Agency (including authority relating to the 

25 use of contractor personnel in investigations and adjudicaycherry on PROD1PC64 with BILLS
111 

S 3237 RS 

1 tions for security clearances) that is identical to the per2 sonnel security authority of the Director of the National 

3 Security Agency with respect to the National Security 

4 Agency. 

5 Subtitle D—Other Elements 

6 SEC. 441. FOREIGN LANGUAGE INCENTIVE FOR CERTAIN 

7 NON-SPECIAL AGENT EMPLOYEES OF THE 

8 FEDERAL BUREAU OF INVESTIGATION. 

9 (a) AUTHORITY TO PAY INCENTIVE.—The Director 

10 of the Federal Bureau of Investigation may pay a cash 

11 award authorized by section 4523 of title 5, United States 

12 Code, in accordance with the provisions of such section, 

13 to any employee of the Federal Bureau of Investigation 

14 described in subsection (b) as if such employee were a law 

15 enforcement officer as specified in such section. 

16 (b) COVERED EMPLOYEES.—An employee of the 

17 Federal Bureau of Investigation described in this sub18 section is any employee of the Federal Bureau of Inves19 tigation— 

20 (1) who uses foreign language skills in support 

21 of the analyses, investigations, or operations of the 

22 Bureau to protect against international terrorism or 

23 clandestine intelligence activities (or maintains for24 eign language skills for purposes of such support); 

25 and 

ycherry on PROD1PC64 with BILLS
112 

S 3237 RS 

1 (2) whom the Director of the Federal Bureau 

2 of Investigation, subject to the joint guidance of the 

3 Attorney General and the Director of National Intel4 ligence, may designate for purposes of this section. 

5 SEC. 442. AUTHORITY TO SECURE SERVICES BY CONTRACT 

6 FOR THE BUREAU OF INTELLIGENCE AND RE7 SEARCH OF THE DEPARTMENT OF STATE. 

8 Title I of the State Department Basic Authorities Act 

9 of 1956 (22 U.S.C. 2651a et seq.) is amended by inserting 

10 after section 23 the following new section: 

11 ‘‘SERVICES BY CONTRACT FOR BUREAU OF

12 INTELLIGENCE AND RESEARCH

13 ‘‘SEC. 23A. (a) AUTHORITY TO ENTER INTO CON14 TRACTS.—The Secretary may enter into contracts with in15 dividuals or organizations for the provision of services in 

16 support of the mission of the Bureau of Intelligence and 

17 Research of the Department of State if the Secretary de18 termines that— 

19 ‘‘(1) the services to be procured are urgent or 

20 unique; and 

21 ‘‘(2) it would not be practicable for the Depart22 ment to obtain such services by other means. 

23 ‘‘(b) TREATMENT AS EMPLOYEES OF THE UNITED

24 STATES GOVERNMENT.—(1) Individuals employed under 

25 a contract pursuant to the authority in subsection (a) shall 

26 not, by virtue of the performance of services under such 

ycherry on PROD1PC64 with BILLS
113 

S 3237 RS 

1 contract, be considered employees of the United States 

2 Government for purposes of any law administered by the 

3 Office of Personnel Management. 

4 ‘‘(2) The Secretary may provide for the applicability 

5 to individuals described in paragraph (1) of any law ad6 ministered by the Secretary concerning the employment 

7 of such individuals. 

8 ‘‘(c) CONTRACT TO BE APPROPRIATE MEANS OF SE9 CURING SERVICES.—The chief contracting officer of the 

10 Department of State shall ensure that each contract en11 tered into by the Secretary under this section is the appro12 priate means of securing the services to be provided under 

13 such contract.’’. 

14 SEC. 443. CLARIFICATION OF INCLUSION OF COAST GUARD 

15 AND DRUG ENFORCEMENT ADMINISTRATION 

16 AS ELEMENTS OF THE INTELLIGENCE COM17 MUNITY. 

18 Section 3(4) of the National Security Act of 1947 (50 

19 U.S.C. 401a(4)) is amended— 

20 (1) in subparagraph (H)— 

21 (A) by inserting ‘‘the Coast Guard,’’ after 

22 ‘‘the Marine Corps,’’; and 

23 (B) by inserting ‘‘the Drug Enforcement 

24 Administration,’’ after ‘‘the Federal Bureau of 

25 Investigation,’’; and 

ycherry on PROD1PC64 with BILLS
114 

S 3237 RS 

1 (2) in subparagraph (K), by striking ‘‘, includ2 ing the Office of Intelligence of the Coast Guard’’. 

3 SEC. 444. CLARIFYING AMENDMENTS RELATING TO SEC4 TION 105 OF THE INTELLIGENCE AUTHORIZA5 TION ACT FOR FISCAL YEAR 2004. 

6 Section 105(b) of the Intelligence Authorization Act 

7 for Fiscal Year 2004 (Public Law 108–177; 117 Stat. 

8 2603; 31 U.S.C. 311 note) is amended— 

9 (1) by striking ‘‘Director of Central Intel10 ligence’’ and inserting ‘‘Director of National Intel11 ligence’’; and 

12 (2) by inserting ‘‘or in section 313 of such 

13 title,’’ after ‘‘subsection (a)),’’. 

14 TITLE V—OTHER MATTERS 

15 SEC. 501. TECHNICAL AMENDMENTS TO THE NATIONAL SE16 CURITY ACT OF 1947. 

17 The National Security Act of 1947 (50 U.S.C. 401 

18 et seq.) is amended as follows: 

19 (1) In section 102A (50 U.S.C. 403–1)— 

20 (A) in subsection (c)(7)(A), by striking 

21 ‘‘section’’ and inserting ‘‘subsection’’; 

22 (B) in subsection (d)— 

23 (i) in paragraph (3), by striking ‘‘sub24 paragraph (A)’’ in the matter preceding 

ycherry on PROD1PC64 with BILLS
115 

S 3237 RS 

1 subparagraph (A) and inserting ‘‘para2 graph (1)(A)’’; 

3 (ii) in paragraph (5)(A), by striking 

4 ‘‘or personnel’’ in the matter preceding 

5 clause (i); and 

6 (iii) in paragraph (5)(B), by striking 

7 ‘‘or agency involved’’ in the second sen8 tence and inserting ‘‘involved or the Direc9 tor of the Central Intelligence Agency (in 

10 the case of the Central Intelligence Agen11 cy)’’; 

12 (C) in subsection (l)(2)(B), by striking 

13 ‘‘section’’ and inserting ‘‘paragraph’’; and 

14 (D) in subsection (n), by inserting ‘‘AND

15 OTHER’’ after ACQUISITION’’. 

16 (2) In section 119(c)(2)(B) (50 U.S.C. 

17 404o(c)(2)(B)), by striking ‘‘subsection (h)’’ and in18 serting ‘‘subsection (i)’’. 

19 (3) In section 705(e)(2)(D)(i) (50 U.S.C. 

20 432c(e)(2)(D)(i)), by striking ‘‘responsible’’ and in21 serting ‘‘responsive’’. 

ycherry on PROD1PC64 with BILLS
116 

S 3237 RS 

1 SEC. 502. TECHNICAL CLARIFICATION OF CERTAIN REF2 ERENCES TO JOINT MILITARY INTELLIGENCE 

3 PROGRAM AND TACTICAL INTELLIGENCE 

4 AND RELATED ACTIVITIES. 

5 Section 102A of the National Security Act of 1947 

6 (50 U.S.C. 403–1) is amended— 

7 (1) in subsection (c)(3)(A), by striking ‘‘annual 

8 budgets for the Joint Military Intelligence Program 

9 and for Tactical Intelligence and Related Activities’’ 

10 and inserting ‘‘annual budget for the Military Intel11 ligence Program or any successor program or pro12 grams’’; and 

13 (2) in subsection (d)(1)(B), by striking ‘‘Joint 

14 Military Intelligence Program’’ and inserting ‘‘Mili15 tary Intelligence Program or any successor program 

16 or programs’’. 

17 SEC. 503. TECHNICAL AMENDMENTS TO THE INTEL18 LIGENCE REFORM AND TERRORISM PREVEN19 TION ACT OF 2004. 

20 (a) AMENDMENTS TO NATIONAL SECURITY INTEL21 LIGENCE REFORM ACT OF 2004.—The National Security 

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

23 108–458) is further amended as follows: 

24 (1) In section 1016(e)(10)(B) (6 U.S.C. 

25 458(e)(10)(B)), by striking ‘‘Attorney General’’ the 

ycherry on PROD1PC64 with BILLS
117 

S 3237 RS 

1 second place it appears and inserting ‘‘Department 

2 of Justice’’. 

3 (2) In section 1061 (5 U.S.C. 601 note)— 

4 (A) in subsection (d)(4)(A), by striking 

5 ‘‘National Intelligence Director’’ and inserting 

6 ‘‘Director of National Intelligence’’; and 

7 (B) in subsection (h), by striking ‘‘Na8 tional Intelligence Director’’ and inserting ‘‘Di9 rector of National Intelligence’’. 

10 (3) In section 1071(e), by striking ‘‘(1)’’. 

11 (4) In section 1072(b), by inserting ‘‘AGENCY’’ 

12 after ‘‘INTELLIGENCE’’. 

13 (b) OTHER AMENDMENTS TO INTELLIGENCE RE14 FORM AND TERRORISM PREVENTION ACT OF 2004.—The 

15 Intelligence Reform and Terrorism Prevention Act of 

16 2004 (Public Law 108–458) is amended as follows: 

17 (1) In section 2001 (28 U.S.C. 532 note)— 

18 (A) in subsection (c)(1), by inserting ‘‘of’’ 

19 before ‘‘an institutional culture’’; 

20 (B) in subsection (e)(2), by striking ‘‘the 

21 National Intelligence Director in a manner con22 sistent with section 112(e)’’ and inserting ‘‘the 

23 Director of National Intelligence in a manner 

24 consistent with applicable law’’; and 

ycherry on PROD1PC64 with BILLS
118 

S 3237 RS 

1 (C) in subsection (f), by striking ‘‘shall,’’ 

2 in the matter preceding paragraph (1) and in3 serting ‘‘shall’’. 

4 (2) In section 2006 (28 U.S.C. 509 note)— 

5 (A) in paragraph (2), by striking ‘‘the 

6 Federal’’ and inserting ‘‘Federal’’; and 

7 (B) in paragraph (3), by striking ‘‘the spe8 cific’’ and inserting ‘‘specific’’. 

9 SEC. 504. TECHNICAL AMENDMENTS TO TITLE 10, UNITED 

10 STATES CODE, ARISING FROM ENACTMENT 

11 OF THE INTELLIGENCE REFORM AND TER12 RORISM PREVENTION ACT OF 2004. 

13 (a) REFERENCES TO HEAD OF INTELLIGENCE COM14 MUNITY.—Title 10, United States Code, is amended by 

15 striking ‘‘Director of Central Intelligence’’ each place it 

16 appears in a provision as follows and inserting ‘‘Director 

17 of National Intelligence’’: 

18 (1) Section 193(d)(2). 

19 (2) Section 193(e). 

20 (3) Section 201(a). 

21 (4) Section 201(b)(1). 

22 (5) Section 201(c)(1). 

23 (6) Section 425(a). 

24 (7) Section 431(b)(1). 

25 (8) Section 441(c). 

ycherry on PROD1PC64 with BILLS
119 

S 3237 RS 

1 (9) Section 441(d). 

2 (10) Section 443(d). 

3 (11) Section 2273(b)(1). 

4 (12) Section 2723(a). 

5 (b) CLERICAL AMENDMENTS.—Such title is further 

6 amended by striking ‘‘DIRECTOR OF CENTRAL INTEL7 LIGENCE’’ each place it appears in a provision as follows 

8 and inserting ‘‘DIRECTOR OF NATIONAL INTELLIGENCE’’: 

9 (1) Section 441(c). 

10 (2) Section 443(d). 

11 (c) REFERENCE TO HEAD OF CENTRAL INTEL12 LIGENCE AGENCY.—Section 444 of such title is amended 

13 by striking ‘‘Director of Central Intelligence’’ each place 

14 it appears and inserting ‘‘Director of the Central Intel15 ligence Agency’’. 

16 SEC. 505. TECHNICAL AMENDMENT TO THE CENTRAL IN17 TELLIGENCE AGENCY ACT OF 1949. 

18 Section 5(a)(1) of the Central Intelligence Agency 

19 Act of 1949 (50 U.S.C. 403f(a)(1)) is amended by striking 

20 ‘‘authorized under paragraphs (2) and (3) of section 

21 102(a), subsections (c)(7) and (d) of section 103, sub22 sections (a) and (g) of section 104, and section 303 of 

23 the National Security Act of 1947 (50 U.S.C. 403(a)(2), 

24 (3), 403–3(c)(7), (d), 403–4(a), (g), and 405)’’ and insert25 ing ‘‘authorized under subsections (d), (e), (f), and (g) of 

ycherry on PROD1PC64 with BILLS
120 

S 3237 RS 

1 section 104A of the National Security Act of 1947 (50 

2 U.S.C. 403–4a).’’. 

3 SEC. 506. TECHNICAL AMENDMENTS RELATING TO THE 

4 MULTIYEAR NATIONAL INTELLIGENCE PRO5 GRAM. 

6 (a) IN GENERAL.—Subsection (a) of section 1403 of 

7 the National Defense Authorization Act for Fiscal Year 

8 1991 (50 U.S.C. 404b) is amended— 

9 (1) in the subsection caption, by striking ‘‘FOR10 EIGN’’; and 

11 (2) by striking ‘‘foreign’’ each place it appears. 

12 (b) RESPONSIBILITY OF DNI.—That section is fur13 ther amended— 

14 (1) in subsections (a) and (c), by striking ‘‘Di15 rector of Central Intelligence’’ and inserting ‘‘Direc16 tor of National Intelligence’’; and 

17 (2) in subsection (b), by inserting ‘‘of National 

18 Intelligence’’ after ‘‘Director’’. 

19 (c) CONFORMING AMENDMENT.—The heading of 

20 that section is amended to read as follows: 

ycherry on PROD1PC64 with BILLS
121 

S 3237 RS 

1 ‘‘SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PRO2 GRAM.’’. 

3 SEC. 507. TECHNICAL AMENDMENTS TO THE EXECUTIVE 

4 SCHEDULE. 

5 (a) EXECUTIVE SCHEDULE LEVEL II.—Section 5313 

6 of title 5, United States Code, is amended by striking the 

7 item relating to the Director of Central Intelligence and 

8 inserting the following new item: 

9 ‘‘Director of the Central Intelligence Agency.’’. 

10 (b) EXECUTIVE SCHEDULE LEVEL III.—Section 

11 5314 of title 5, United States Code, is amended by strik12 ing the item relating to the Deputy Directors of Central 

13 Intelligence. 

14 (c) EXECUTIVE SCHEDULE LEVEL IV.—Section 

15 5315 of title 5, United States Code, is amended by strik16 ing the item relating to the General Counsel of the Office 

17 of the National Intelligence Director and inserting the fol18 lowing new item: 

19 ‘‘General Counsel of the Office of the Director 

20 of National Intelligence.’’. 

21 SEC. 508. TECHNICAL AMENDMENTS RELATING TO REDES22 IGNATION OF THE NATIONAL IMAGERY AND 

23 MAPPING AGENCY AS THE NATIONAL 

24 GEOSPATIAL-INTELLIGENCE AGENCY. 

25 (a) TITLE 5, UNITED STATES CODE.—(1) Title 5, 

26 United States Code, is amended by striking ‘‘National Imycherry on PROD1PC64 with BILLS
122 

S 3237 RS 

1 agery and Mapping Agency’’ each place it appears in a 

2 provision as follows and inserting ‘‘National Geospatial3 Intelligence Agency’’: 

4 (A) Section 2302(a)(2)(C)(ii). 

5 (B) Section 3132(a)(1)(B). 

6 (C) Section 4301(1) (in clause (ii)). 

7 (D) Section 4701(a)(1)(B). 

8 (E) Section 5102(a)(1) (in clause (x)). 

9 (F) Section 5342(a)(1) (in clause (K)). 

10 (G) Section 6339(a)(1)(E). 

11 (H) Section 7323(b)(2)(B)(i)((XIII). 

12 (2) Section 6339(a)(2)(E) of such title is amended 

13 by striking ‘‘National Imagery and Mapping Agency, the 

14 Director of the National Imagery and Mapping Agency’’ 

15 and inserting ‘‘National Geospatial-Intelligence Agency, 

16 the Director of the National Geospatial-Intelligence Agen17 cy’’. 

18 (b) TITLE 44, UNITED STATES CODE.—(1)(A) Sec19 tion 1336 of title 44, United States Code, is amended by 

20 striking ‘‘National Imagery and Mapping Agency’’ both 

21 places it appears and inserting ‘‘National Geospatial-Intel22 ligence Agency’’. 

23 (B) The heading of such section is amended to read 

24 as follows: 

ycherry on PROD1PC64 with BILLS
123 

S 3237 RS 

1 ‘‘§ 1336. National Geospatial-Intelligence Agency: spe2 cial publications’’. 

3 (2) The table of sections at the beginning of chapter 

4 13 of such title is amended by striking the item relating 

5 to section 1336 and inserting the following new item: 

‘‘1336. National Geospatial-Intelligence Agency: special publications.’’. 

6 (c) HOMELAND SECURITY ACT OF 2002.—Section 

7 201(f)(2)(E) of the Homeland Security Act of 2002 (6 

8 U.S.C. 121(f)(2)(E)) is amended by striking ‘‘National 

9 Imagery and Mapping Agency’’ and inserting ‘‘National 

10 Geospatial-Intelligence Agency’’. 

11 (d) INSPECTOR GENERAL ACT OF 1978.—Section 8H 

12 of the Inspector General Act of 1978 (5 U.S.C. App.) is 

13 amended by striking ‘‘National Imagery and Mapping 

14 Agency’’ each place it appears and inserting ‘‘National 

15 Geospatial-Intelligence Agency’’. 

16 (e) ETHICS IN GOVERNMENT ACT OF 1978.—Section 

17 105(a)(1) of the Ethics in Government Act of 1978 (5 

18 U.S.C. App.) is amended by striking ‘‘National Imagery 

19 and Mapping Agency’’ and inserting ‘‘National 

20 Geospatial-Intelligence Agency’’. 

21 (f) OTHER ACTS.—(1) Section 7(b)(2)(A)(i) of the 

22 Employee Polygraph Protection Act of 1988 (29 U.S.C. 

23 2006(b)(2)(A)(i)) is amended by striking ‘‘National Im24 agery and Mapping Agency’’ and inserting ‘‘National 

25 Geospatial-Intelligence Agency’’. 

ycherry on PROD1PC64 with BILLS
124 

S 3237 RS 

1 (2) Section 207(a)(2)(B) of the Legislative Branch 

2 Appropriations Act, 1993 (44 U.S.C. 501 note) is amend3 ed by striking ‘‘National Imagery and Mapping Agency’’ 

4 and inserting ‘‘National Geospatial-Intelligence Agency’’. 


ycherry on PROD1PC64 with BILLS

ycherry on PROD1PC64 with BILLS
Calendar No. 476 

109TH CONGRESS 

2D SESSION S. 3237 

[Report No. 109

–259] 

[Report No. 109

–265] 

A BILL 

To authorize appropriations for fiscal year 2007 for 

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

JUNE 21, 2006 

Reported without amendment 


ycherry on PROD1PC64 with BILLS