In the Senate of the United States,

October 3, 2007.

Resolved, That the bill from the House of Representatives (H.R. 2082) entitled ‘‘An Act to authorize appropriations for fiscal year 2008 for the intelligence and intelligencerelated activities of the United States Government, the Community Management Account, and the Central Intelligence

Agency Retirement and Disability System, and for other purposes.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘In3 telligence Authorization Act for Fiscal Year 2008’’.

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

5 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.

Sec. 102. Classified schedule of authorizations.

Sec. 103. Personnel level adjustments.

Sec. 104. Intelligence Community Management Account.
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Sec. 105. Incorporation of reporting requirements.

Sec. 106. Development and acquisition program.

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

Sec. 202. Technical modification to mandatory retirement provision of Central

Intelligence Agency Retirement Act.

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. Delegation of authority for travel on common carriers for intelligence

collection personnel.

Sec. 305. Modification of availability of funds for different intelligence activities.

Sec. 306. Increase in penalties for disclosure of undercover intelligence officers

and agents.

Sec. 307. Extension to intelligence community of authority to delete information

about receipt and disposition of foreign gifts and decorations.

Sec. 308. Enhanced flexibility in non-reimbursable details to elements of the intelligence community.

Sec. 309. Director of National Intelligence report on compliance with the Detainee Treatment Act of 2005 and related provisions of the Military Commissions Act of 2006.

Sec. 310. Vulnerability assessments of major systems.

Sec. 311. Annual personnel level assessments for the intelligence community.

Sec. 312. Business enterprise architecture and business system modernization for

the intelligence community.

Sec. 313. Reports on the acquisition of major systems.

Sec. 314. Excessive cost growth of major systems.

Sec. 315. Submittal to Congress of certain court orders under the Foreign Intelligence Surveillance Act of 1978.

Sec. 316. Repeal of certain reporting requirements.

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE

INTELLIGENCE COMMUNITY

Subtitle A—Office of the Director of National Intelligence

Sec. 401. Requirements for accountability reviews by the Director of National Intelligence.

Sec. 402. Additional authorities of the Director of National Intelligence on intelligence information sharing.

Sec. 403. Modification of limitation on delegation by the Director of National Intelligence of the protection of intelligence sources and methods.

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

Sec. 405. Enhancement of authority of the Director of National Intelligence for

flexible personnel management among the elements of the intelligence community.

Sec. 406. Clarification of limitation on co-location of the Office of the Director

of National Intelligence.
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Sec. 407. Additional duties of the Director of Science and Technology of the Office

of the Director of National Intelligence.

Sec. 408. Title of Chief Information Officer of the Intelligence Community.

Sec. 409. Reserve for Contingencies of the Office of the Director of National Intelligence.

Sec. 410. Inspector General of the Intelligence Community.

Sec. 411. Leadership and location of certain offices and officials.

Sec. 412. National Space Intelligence Office.

Sec. 413. Operational files in the Office of the Director of National Intelligence.

Sec. 414. Repeal of certain authorities relating to the Office of the National

Counter-intelligence Executive.

Sec. 415. Inapplicability of Federal Advisory Committee Act to advisory committees of the Office of the Director of National Intelligence.

Sec. 416. Membership of the Director of National Intelligence on the Transportation Security Oversight Board.

Sec. 417. 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. Inapplicability to Director of the Central Intelligence Agency of requirement for annual report on progress in auditable financial statements.

Sec. 423. Additional functions and authorities for protective personnel of the Central Intelligence Agency.

Sec. 424. Technical amendments relating to titles of certain Central Intelligence

Agency positions.

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

Sec. 442. 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.
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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.

Sec. 509. Other technical amendments relating to responsibility of the Director of

National Intelligence as head of the intelligence community.

1 TITLE I—INTELLIGENCE

2 ACTIVITIES

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

4 Funds are hereby authorized to be appropriated for fis5 cal year 2008 for the conduct of the intelligence and intel6 ligence-related activities of the following elements of the

7 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.
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1 (10) The Department of Justice.

2 (11) The Federal Bureau of Investigation.

3 (12) The National Reconnaissance Office.

4 (13) The National Geospatial-Intelligence Agen5 cy.

6 (14) The Coast Guard.

7 (15) The Department of Homeland Security.

8 (16) The Drug Enforcement Administration.

9 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

10 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

11 LEVELS.—The amounts authorized to be appropriated

12 under section 101, and the authorized personnel levels (ex13 pressed as full-time equivalent positions) as of September

14 30, 2008, for the conduct of the intelligence and intelligence15 related activities of the elements listed in such section, are

16 those specified in the classified Schedule of Authorizations

17 prepared to accompany the conference report on the bill

18 lll of the One Hundred Tenth Congress.

19 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU20 THORIZATIONS.—The Schedule of Authorizations shall be

21 made available to the Committees on Appropriations of the

22 Senate and House of Representatives and to the President.

23 The President shall provide for suitable distribution of the

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

25 the executive branch.
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1 SEC. 103. PERSONNEL LEVEL ADJUSTMENTS.

2 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap3 proval of the Director of the Office of Management and

4 Budget, the Director of National Intelligence may authorize

5 employment of civilian personnel in excess of the number

6 of authorized full-time equivalent positions for fiscal year

7 2008 under section 102 when the Director of National Intel8 ligence determines that such action is necessary to the per9 formance of important intelligence functions, except that the

10 number of personnel employed in excess of the number au11 thorized under such section may not, for any element of

12 the intelligence community, exceed 5 percent of the number

13 of civilian personnel authorized under such section for such

14 element.

15 (b) AUTHORITY FOR CONVERSION OF ACTIVITIES PER16 FORMED BY CONTRACTORS.—In addition to the authority

17 in subsection (a), upon a determination by the head of an

18 element in the intelligence community that activities cur19 rently being performed by contractor employees should be

20 performed by government employees, the concurrence of the

21 Director of National Intelligence in such determination,

22 and the approval of the Director of the Office of Manage23 ment and Budget, the Director of National Intelligence may

24 authorize employment of additional full-time equivalent

25 personnel in such element of the intelligence community
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1 equal to the number of full-time equivalent contractor em2 ployees performing such activities.

3 (c) NOTICE TO INTELLIGENCE COMMITTEES.—The Di4 rector of National Intelligence shall notify the Select Com5 mittee on Intelligence of the Senate and the Permanent Se6 lect Committee on Intelligence of the House of Representa7 tives in writing at least 15 days before each exercise of the

8 authority in subsection (a) or (b).

9 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC10 COUNT.

11 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

12 authorized to be appropriated for the Intelligence Commu13 nity Management Account of the Director of National Intel14 ligence for fiscal year 2008 the sum of $715,076,000. Within

15 such amount, funds identified in the classified Schedule of

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

17 research and development shall remain available until Sep18 tember 30, 2009.

19 (b) AUTHORIZED PERSONNEL LEVELS.—The elements

20 within the Intelligence Community Management Account of

21 the Director of National Intelligence are authorized 1768

22 full-time equivalent personnel as of September 30, 2008.

23 Personnel serving in such elements may be permanent em24 ployees of the Intelligence Community Management Account
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1 or personnel detailed from other elements of the United

2 States Government.

3 (c) CONSTRUCTION OF AUTHORITIES.—The authorities

4 available to the Director of National Intelligence under sec5 tion 103 are also available to the Director for the adjust6 ment of personnel levels in elements within the Intelligence

7 Community Management Account.

8 (d) CLASSIFIED AUTHORIZATIONS.—

9 (1) AUTHORIZATION OF APPROPRIATIONS.—In

10 addition to amounts authorized to be appropriated

11 for the Intelligence Community Management Account

12 by subsection (a), there are also authorized to be ap13 propriated for the Intelligence Community Manage14 ment Account for fiscal year 2008 such additional

15 amounts as are specified in the classified Schedule of

16 Authorizations referred to in section 102(a). Such ad17 ditional amounts for research and development shall

18 remain available until September 30, 2009.

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

21 elements of the Intelligence Community Management

22 Account as of September 30, 2008, there are also au23 thorized such additional personnel for such elements

24 as of that date as are specified in the classified Sched25 ule of Authorizations.
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1 SEC. 105. INCORPORATION OF REPORTING REQUIREMENTS.

2 (a) IN GENERAL.—Each requirement to submit a re3 port to the congressional intelligence committees that is in4 cluded in the joint explanatory statement to accompany the

5 conference report on the bill lll of the One Hundred

6 Tenth Congress, or in the classified annex to this Act, is

7 hereby incorporated into this Act, and is hereby made a

8 requirement in law.

9 (b) CONGRESSIONAL INTELLIGENCE COMMITTEES DE10 FINED.—In this section, the term ‘‘congressional intelligence

11 committees’’ means—

12 (1) the Select Committee on Intelligence of the

13 Senate; and

14 (2) the Permanent Select Committee on Intel15 ligence of the House of Representatives.

16 SEC. 106. DEVELOPMENT AND ACQUISITION PROGRAM.

17 (a) TRANSFER OF FUNDS.—Of the funds appropriated

18 for the National Intelligence Program for fiscal year 2008,

19 and of funds currently available for obligation for any prior

20 fiscal year, the Director of National Intelligence shall trans21 fer not less than the amount specified in the classified annex

22 to the Office of the Director of National Intelligence to fund

23 the development and acquisition of the program specified

24 in the classified annex.

25 (b) AVAILABILITY OF FUNDS.—The funds transferred

26 under subsection (a) shall be available as follows:
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1 (1) In the case of funds appropriated prior to the

2 date of the enactment of this section, for the time of

3 availability as originally appropriated.

4 (2) In the case of funds appropriated on or after

5 the date of the enactment of this section, without fis6 cal year limitation.

7 TITLE II—CENTRAL INTEL8 LIGENCE AGENCY RETIRE9 MENT AND DISABILITY SYS10 TEM

11 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

12 There is authorized to be appropriated for the Central

13 Intelligence Agency Retirement and Disability Fund for fis14 cal year 2008 the sum of $262,500,000.

15 SEC. 202. TECHNICAL MODIFICATION TO MANDATORY RE16 TIREMENT PROVISION OF CENTRAL INTEL17 LIGENCE AGENCY RETIREMENT ACT.

18 Section 235(b)(1)(A) of the Central Intelligence Agency

19 Retirement Act (50 U.S.C. 2055(b)(1)(A)) is amended by

20 striking ‘‘receiving compensation under the Senior Intel21 ligence Service pay schedule at the rate’’ and inserting

22 ‘‘who is at the Senior Intelligence Service rank’’.
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1 TITLE III—INTELLIGENCE AND

2 GENERAL INTELLIGENCE

3 COMMUNITY MATTERS

4 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

5 BENEFITS AUTHORIZED BY LAW.

6 Appropriations authorized by this Act for salary, pay,

7 retirement, and other benefits for Federal employees may

8 be increased by such additional or supplemental amounts

9 as may be necessary for increases in such compensation or

10 benefits authorized by law.

11 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE

12 ACTIVITIES.

13 The authorization of appropriations by this Act shall

14 not be deemed to constitute authority for the conduct of any

15 intelligence activity which is not otherwise authorized by

16 the Constitution or the laws of the United States.

17 SEC. 303. CLARIFICATION OF DEFINITION OF INTEL18 LIGENCE COMMUNITY UNDER THE NATIONAL

19 SECURITY ACT OF 1947.

20 Subparagraph (L) of section 3(4) of the National Secu21 rity Act of 1947 (50 U.S.C. 401a(4)) is amended by striking

22 ‘‘other’’ the second place it appears.
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1 SEC. 304. DELEGATION OF AUTHORITY FOR TRAVEL ON

2 COMMON CARRIERS FOR INTELLIGENCE COL3 LECTION PERSONNEL.

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

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

6 amended—

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

8 (2) in paragraph (1), by striking ‘‘may only del9 egate’’ and all that follows and inserting ‘‘may dele10 gate the authority in subsection (a) to the head of any

11 other element of the intelligence community.’’; and

12 (3) by adding at the end the following new para13 graph:

14 ‘‘(2) The head of an element of the intelligence commu15 nity to whom the authority in subsection (a) is delegated

16 pursuant to paragraph (1) may further delegate such au17 thority to such senior officials of such element as are speci18 fied in guidelines prescribed by the Director of National In19 telligence for purposes of this paragraph.’’.

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

21 later than six months after the date of the enactment of this

22 Act, the Director of National Intelligence shall prescribe

23 and submit to the congressional intelligence committees the

24 guidelines referred to in paragraph (2) of section 116(b)

25 of the National Security Act of 1947, as added by subsection

26 (a).
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1 (c) CONGRESSIONAL INTELLIGENCE COMMITTEES DE2 FINED.—In this section, the term ‘‘congressional intelligence

3 committees’’ means—

4 (1) the Select Committee on Intelligence of the

5 Senate; and

6 (2) the Permanent Select Committee on Intel7 ligence of the House of Representatives.

8 SEC. 305. MODIFICATION OF AVAILABILITY OF FUNDS FOR

9 DIFFERENT INTELLIGENCE ACTIVITIES.

10 Subparagraph (B) of section 504(a)(3) of the National

11 Security Act of 1947 (50 U.S.C. 414(a)(3)) is amended to

12 read as follows:

13 ‘‘(B) the use of such funds for such activity sup14 ports an emergent need, improves program effective15 ness, or increases efficiency; and’’.

16 SEC. 306. INCREASE IN PENALTIES FOR DISCLOSURE OF

17 UNDERCOVER INTELLIGENCE OFFICERS AND

18 AGENTS.

19 (a) DISCLOSURE OF AGENT AFTER ACCESS TO INFOR20 MATION IDENTIFYING AGENT.—Subsection (a) of section

21 601 of the National Security Act of 1947 (50 U.S.C. 421)

22 is amended by striking ‘‘ten years’’ and inserting ‘‘15

23 years’’.
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1 (b) DISCLOSURE OF AGENT AFTER ACCESS TO CLASSI2 FIED INFORMATION.—Subsection (b) of such section is

3 amended by striking ‘‘five years’’ and inserting ‘‘ten years’’.

4 SEC. 307. EXTENSION TO INTELLIGENCE COMMUNITY OF

5 AUTHORITY TO DELETE INFORMATION

6 ABOUT RECEIPT AND DISPOSITION OF FOR7 EIGN GIFTS AND DECORATIONS.

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

9 States Code, is amended to read as follows:

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

11 of the intelligence community, the head of such element may

12 delete the information described in subparagraphs (A) and

13 (C) of paragraphs (2) and (3) if the head of such element

14 certifies in writing to the Secretary of State that the publi15 cation of such information could adversely affect United

16 States intelligence sources or methods.

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

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

19 shall be transmitted to the Director of National Intelligence.

20 ‘‘(C) In this paragraph, the term ‘element of the intel21 ligence community’ means an element of the intelligence

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

23 National Security Act of 1947 (50 U.S.C. 401a(4)).’’.
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1 SEC. 308. ENHANCED FLEXIBILITY IN NON-REIMBURSABLE

2 DETAILS TO ELEMENTS OF THE INTEL3 LIGENCE COMMUNITY.

4 (a) IN GENERAL.—Except as provided in section 113

5 of the National Security Act of 1947 (50 U.S.C. 404h) and

6 section 904(g)(2) of the Counterintelligence Enhancement

7 Act of 2002 (title IX of Public Law 107–306; 50 U.S.C.

8 402c(g)(2)) and notwithstanding any other provision of

9 law, in any fiscal year after fiscal year 2007 an officer or

10 employee of the United States or member of the Armed

11 Forces may be detailed to the staff of an element of the intel12 ligence community funded through the Community Man13 agement Account from another element of the United States

14 Government on a reimbursable or non-reimbursable basis,

15 as jointly agreed to by the Director of National Intelligence

16 and the head of the detailing element (or the designees of

17 such officials), for a period not to exceed three years.

18 (b) ELEMENT OF THE INTELLIGENCE COMMUNITY DE19 FINED.—In this section, the term ‘‘element of the intel20 ligence community’’ means an element of the intelligence

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

22 National Security Act of 1947 (50 U.S.C. 401a(4)).
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1 SEC. 309. DIRECTOR OF NATIONAL INTELLIGENCE REPORT

2 ON COMPLIANCE WITH THE DETAINEE

3 TREATMENT ACT OF 2005 AND RELATED PRO4 VISIONS OF THE MILITARY COMMISSIONS

5 ACT OF 2006.

6 (a) REPORT REQUIRED.—Not later than December 1,

7 2007, the Director of National Intelligence shall submit to

8 the congressional intelligence committees a comprehensive

9 report on all measures taken by the Office of the Director

10 of National Intelligence and by each element, if any, of the

11 intelligence community with relevant responsibilities to

12 comply with the provisions of the Detainee Treatment Act

13 of 2005 (title X of division A of Public Law 109–148) and

14 related provisions of the Military Commissions Act of 2006

15 (Public Law 109–366).

16 (b) ELEMENTS.—The report required by subsection (a)

17 shall include the following:

18 (1) A description of the detention or interroga19 tion methods, if any, that have been determined to

20 comply with section 1003 of the Detainee Treatment

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

22 section 6 of the Military Commissions Act of 2006

23 (120 Stat. 2632; 18 U.S.C. 2441 note) (including the

24 amendments made by such section 6), and, with re25 spect to each such method—
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1 (A) an identification of the official making

2 such determination; and

3 (B) a statement of the basis for such deter4 mination.

5 (2) A description of the detention or interroga6 tion methods, if any, whose use has been discontinued

7 pursuant to the Detainee Treatment Act of 2005 or

8 the Military Commission Act of 2006, and, with re9 spect to each such method—

10 (A) an identification of the official making

11 the determination to discontinue such method;

12 and

13 (B) a statement of the basis for such deter14 mination.

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

16 taken to implement section 1004 of the Detainee

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

18 2000dd–1), and, with respect to each such action—

19 (A) an identification of the official taking

20 such action; and

21 (B) a statement of the basis for such action.

22 (4) Any other matters that the Director considers

23 necessary to fully and currently inform the congres24 sional intelligence committees about the implementa25 tion of the Detainee Treatment Act of 2005 and re-
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1 lated provisions of the Military Commissions Act of

2 2006.

3 (5) An appendix containing—

4 (A) all guidelines for the application of the

5 Detainee Treatment Act of 2005 and related pro6 visions of the Military Commissions Act of 2006

7 to the detention or interrogation activities, if

8 any, of any element of the intelligence commu9 nity; and

10 (B) all legal justifications of any office or

11 official of the Department of Justice about the

12 meaning or application of Detainee Treatment

13 Act of 2005 or related provisions of the Military

14 Commissions Act of 2006 with respect to the de15 tention or interrogation activities, if any, of any

16 element of the intelligence community.

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

18 be submitted in classified form.

19 (d) SUBMISSION TO THE CONGRESSIONAL ARMED

20 SERVICES COMMITTEES.—To the extent that the report re21 quired by subsection (a) addresses an element of the intel22 ligence community within the Department of Defense, that

23 portion of the report, and any associated material that is

24 necessary to make that portion understandable, shall also
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1 be submitted by the Director of National Intelligence to the

2 congressional armed services committees.

3 (e) DEFINITIONS.—In this section:

4 (1) The term ‘‘congressional armed services com5 mittees’’ means—

6 (A) the Committee on Armed Services of the

7 Senate; and

8 (B) the Committee on Armed Services of the

9 House of Representatives.

10 (2) The term ‘‘congressional intelligence commit11 tees’’ means—

12 (A) the Select Committee on Intelligence of

13 the Senate; and

14 (B) the Permanent Select Committee on In15 telligence of the House of Representatives.

16 (3) The term ‘‘element of the intelligence commu17 nity’’ means the elements of the intelligence commu18 nity specified in or designated under section 3(4) of

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

20 401a(4)).

21 SEC. 310. VULNERABILITY ASSESSMENTS OF MAJOR SYS22 TEMS.

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

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

25 after section 506A the following new section:
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1 ‘‘VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS

2 ‘‘SEC. 506B. (a) INITIAL VULNERABILITY ASSESS3 MENTS.—The Director of National Intelligence shall con4 duct an initial vulnerability assessment for any major sys5 tem and its items of supply, that is proposed for inclusion

6 in the National Intelligence Program. The initial vulner7 ability assessment of a major system and its items of supply

8 shall, at a minimum, use an analysis-based approach to—

9 ‘‘(1) identify applicable vulnerabilities;

10 ‘‘(2) define exploitation potential;

11 ‘‘(3) examine the system’s potential effectiveness;

12 ‘‘(4) determine overall vulnerability; and

13 ‘‘(5) make recommendations for risk reduction.

14 ‘‘(b) SUBSEQUENT VULNERABILITY ASSESSMENTS.—

15 (1) The Director of National Intelligence shall conduct sub16 sequent vulnerability assessments of each major system and

17 its items of supply within the National Intelligence

18 Program—

19 ‘‘(A) periodically throughout the life-span of the

20 major system;

21 ‘‘(B) whenever the Director determines that a

22 change in circumstances warrants the issuance of a

23 subsequent vulnerability assessment; or

24 ‘‘(C) upon the request of a congressional intel25 ligence committee.
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1 ‘‘(2) Any subsequent vulnerability assessment of a

2 major system and its items of supply shall, at a minimum,

3 use an analysis-based approach and, if applicable, a test4 ing-based approach, to monitor the exploitation potential

5 of such system and reexamine the factors described in para6 graphs (1) through (5) of subsection (a).

7 ‘‘(c) MAJOR SYSTEM MANAGEMENT.—The Director of

8 National Intelligence shall give due consideration to the vul9 nerability assessments prepared for a given major system

10 when developing and determining the annual consolidated

11 National Intelligence Program budget.

12 ‘‘(d) CONGRESSIONAL OVERSIGHT.—(1) The Director

13 of National Intelligence shall provide to the congressional

14 intelligence committees a copy of each vulnerability assess15 ment conducted under subsection (a) or (b) not later than

16 10 days after the date of the completion of such assessment.

17 ‘‘(2) The Director of National Intelligence shall pro18 vide the congressional intelligence committees with a pro19 posed schedule for subsequent vulnerability assessments of

20 a major system under subsection (b) when providing such

21 committees with the initial vulnerability assessment under

22 subsection (a) of such system as required by subsection (d).

23 ‘‘(e) DEFINITIONS.—In this section:

24 ‘‘(1) The term ‘items of supply’—
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1 ‘‘(A) means any individual part, compo2 nent, subassembly, assembly, or subsystem inte3 gral to a major system, and other property

4 which may be replaced during the service life of

5 the major system, including spare parts and re6 plenishment parts; and

7 ‘‘(B) does not include packaging or labeling

8 associated with shipment or identification of

9 items.

10 ‘‘(2) The term ‘major system’ has the meaning

11 given that term in section 506A(e).

12 ‘‘(3) The term ‘vulnerability assessment’ means

13 the process of identifying and quantifying

14 vulnerabilities in a major system and its items of

15 supply.’’.

16 (b) CLERICAL AMENDMENT.—The table of contents in

17 the first section of the National Security Act of 1947 is

18 amended by inserting after the item relating to section 506A

19 the following:

‘‘Sec. 506B. Vulnerability assessments of major systems.’’.

20 SEC. 311. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR

21 THE INTELLIGENCE COMMUNITY.

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

23 Act of 1947 (50 U.S.C. 413 et seq.), as amended by section

24 310, is further amended by inserting after section 506B,

25 as added by section 310(a), the following new section:
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1 ‘‘ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE

2 INTELLIGENCE COMMUNITY

3 ‘‘SEC. 506C. (a) REQUIREMENT TO PROVIDE.—The

4 Director of National Intelligence shall, in consultation with

5 the head of the element of the intelligence community con6 cerned, prepare an annual personnel level assessment for

7 such element of the intelligence community that assesses the

8 personnel levels for each such element for the fiscal year fol9 lowing the fiscal year in which the assessment is submitted.

10 ‘‘(b) SCHEDULE.—Each assessment required by sub11 section (a) shall be submitted to the congressional intel12 ligence committees not later than January 31, of each year.

13 ‘‘(c) CONTENTS.—Each assessment required by sub14 section (a) submitted during a fiscal year shall contain, at

15 a minimum, the following information for the element of

16 the intelligence community concerned:

17 ‘‘(1) The budget submission for personnel costs

18 for the upcoming fiscal year.

19 ‘‘(2) The dollar and percentage increase or de20 crease of such costs as compared to the personnel costs

21 of the current fiscal year.

22 ‘‘(3) The dollar and percentage increase or de23 crease of such costs as compared to the personnel costs

24 during the prior 5 fiscal years.
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1 ‘‘(4) The number of personnel positions requested

2 for the upcoming fiscal year.

3 ‘‘(5) The numerical and percentage increase or

4 decrease of such number as compared to the number

5 of personnel positions of the current fiscal year.

6 ‘‘(6) The numerical and percentage increase or

7 decrease of such number as compared to the number

8 of personnel positions during the prior 5 fiscal years.

9 ‘‘(7) The best estimate of the number and costs

10 of contractors to be funded by the element for the up11 coming fiscal year.

12 ‘‘(8) The numerical and percentage increase or

13 decrease of such costs of contractors as compared to

14 the best estimate of the costs of contractors of the cur15 rent fiscal year.

16 ‘‘(9) The numerical and percentage increase or

17 decrease of such costs of contractors as compared to

18 the cost of contractors, and the number of contractors,

19 during the prior 5 fiscal years.

20 ‘‘(10) A written justification for the requested

21 personnel and contractor levels.

22 ‘‘(11) A statement by the Director of National

23 Intelligence that, based on current and projected fund24 ing, the element concerned will have sufficient—
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1 ‘‘(A) internal infrastructure to support the

2 requested personnel and contractor levels;

3 ‘‘(B) training resources to support the re4 quested personnel levels; and

5 ‘‘(C) funding to support the administrative

6 and operational activities of the requested per7 sonnel levels.’’.

8 (b) CLERICAL AMENDMENT.—The table of contents in

9 the first section of that Act, as amended by section 310(b),

10 is further amended by inserting after the item relating to

11 section 506B, as added by section 310(b), the following new

12 item:

‘‘Sec. 506C. Annual personnel levels assessment for the intelligence community.’’.

13 SEC. 312. BUSINESS ENTERPRISE ARCHITECTURE AND

14 BUSINESS SYSTEM MODERNIZATION FOR THE

15 INTELLIGENCE COMMUNITY.

16 (a) BUSINESS ENTERPRISE ARCHITECTURE AND

17 BUSINESS SYSTEM MODERNIZATION.—

18 (1) IN GENERAL.—Title V of the National Secu19 rity Act of 1947 (50 U.S.C. 413 et seq.), as amended

20 by sections 310 and 311, is further amended by in21 serting after section 506C, as added by section 311(a),

22 the following new section:
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1 ‘‘INTELLIGENCE COMMUNITY BUSINESS SYSTEMS,

2 ARCHITECTURE, ACCOUNTABILITY, AND MODERNIZATION

3 ‘‘SEC. 506D. (a) LIMITATION ON OBLIGATION OF

4 FUNDS FOR INTELLIGENCE COMMUNITY BUSINESS SYSTEM

5 MODERNIZATION.—(1) After April 1, 2008, no funds appro6 priated to any element of the intelligence community may

7 be obligated for an intelligence community business system

8 modernization described in paragraph (2) unless—

9 ‘‘(A) the approval authority designated by the

10 Director of National Intelligence under subsection

11 (c)(2) makes the certification described in paragraph

12 (3) with respect to the intelligence community busi13 ness system modernization; and

14 ‘‘(B) the certification is approved by the Intel15 ligence Community Business Systems Management

16 Committee established under subsection (f).

17 ‘‘(2) An intelligence community business system mod18 ernization described in this paragraph is an intelligence

19 community business system modernization that—

20 ‘‘(A) will have a total cost in excess of

21 $1,000,000; and

22 ‘‘(B) will receive more than 50 percent of the

23 funds for such cost from amounts appropriated for the

24 National Intelligence Program.
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1 ‘‘(3) The certification described in this paragraph for

2 an intelligence community business system modernization

3 is a certification, made by the approval authority des4 ignated by the Director under subsection (c)(2) to the Intel5 ligence Community Business Systems Management Com6 mittee, that the intelligence community business system

7 modernization—

8 ‘‘(A) complies with the enterprise architecture

9 under subsection (b); or

10 ‘‘(B) is necessary—

11 ‘‘(i) to achieve a critical national security

12 capability or address a critical requirement in

13 an area such as safety or security; or

14 ‘‘(ii) to prevent a significant adverse effect

15 on a project that is needed to achieve an essen16 tial capability, taking into consideration the al17 ternative solutions for preventing such adverse

18 effect.

19 ‘‘(4) The obligation of funds for an intelligence com20 munity business system modernization that does not comply

21 with the requirements of this subsection shall be treated as

22 a violation of section 1341(a)(1)(A) of title 31, United

23 States Code.

24 ‘‘(b) ENTERPRISE ARCHITECTURE FOR INTELLIGENCE

25 COMMUNITY BUSINESS SYSTEMS.—(1) The Director of Na-
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1 tional Intelligence shall, acting through the Intelligence

2 Community Business Systems Management Committee es3 tablished under subsection (f), develop and implement an

4 enterprise architecture to cover all intelligence community

5 business systems, and the functions and activities supported

6 by such business systems. The enterprise architecture shall

7 be sufficiently defined to effectively guide, constrain, and

8 permit implementation of interoperable intelligence com9 munity business system solutions, consistent with applica10 ble policies and procedures established by the Director of

11 the Office of Management and Budget.

12 ‘‘(2) The enterprise architecture under paragraph (1)

13 shall include the following:

14 ‘‘(A) An information infrastructure that, at a

15 minimum, will enable the intelligence community

16 to—

17 ‘‘(i) comply with all Federal accounting, fi18 nancial management, and reporting require19 ments;

20 ‘‘(ii) routinely produce timely, accurate,

21 and reliable financial information for manage22 ment purposes;

23 ‘‘(iii) integrate budget, accounting, and pro24 gram information and systems; and
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1 ‘‘(iv) provide for the systematic measure2 ment of performance, including the ability to

3 produce timely, relevant, and reliable cost infor4 mation.

5 ‘‘(B) Policies, procedures, data standards, and

6 system interface requirements that apply uniformly

7 throughout the intelligence community.

8 ‘‘(c) RESPONSIBILITIES FOR INTELLIGENCE COMMU9 NITY BUSINESS SYSTEM MODERNIZATION.—(1) The Direc10 tor of National Intelligence shall be responsible for review,

11 approval, and oversight of the planning, design, acquisi12 tion, deployment, operation, and maintenance of an intel13 ligence community business system modernization if more

14 than 50 percent of the cost of the intelligence community

15 business system modernization is funded by amounts ap16 propriated for the National Intelligence Program.

17 ‘‘(2) The Director shall designate one or more appro18 priate officials of the intelligence community to be respon19 sible for making certifications with respect to intelligence

20 community business system modernizations under sub21 section (a)(3).

22 ‘‘(d) INTELLIGENCE COMMUNITY BUSINESS SYSTEM

23 INVESTMENT REVIEW.—(1) The approval authority des24 ignated under subsection (c)(2) shall establish and imple25 ment, not later than March 31, 2008, an investment review
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1 process for the review of the planning, design, acquisition,

2 development, deployment, operation, maintenance, mod3 ernization, and project cost, benefits, and risks of the intel4 ligence community business systems for which the approval

5 authority is responsible.

6 ‘‘(2) The investment review process under paragraph

7 (1) shall—

8 ‘‘(A) meet the requirements of section 11312 of

9 title 40, United States Code; and

10 ‘‘(B) specifically set forth the responsibilities of

11 the approval authority under such review process.

12 ‘‘(3) The investment review process under paragraph

13 (1) shall include the following elements:

14 ‘‘(A) Review and approval by an investment re15 view board (consisting of appropriate representatives

16 of the intelligence community) of each intelligence

17 community business system as an investment before

18 the obligation of funds for such system.

19 ‘‘(B) Periodic review, but not less often than an20 nually, of every intelligence community business sys21 tem investment.

22 ‘‘(C) Thresholds for levels of review to ensure ap23 propriate review of intelligence community business

24 system investments depending on the scope, com25 plexity, and cost of the system involved.
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1 ‘‘(D) Procedures for making certifications in ac2 cordance with the requirements of subsection (a)(3).

3 ‘‘(E) Mechanisms to ensure the consistency of the

4 investment review process with applicable guidance

5 issued by the Director of National Intelligence and the

6 Intelligence Community Business Systems Manage7 ment Committee established under subsection (f).

8 ‘‘(F) Common decision criteria, including stand9 ards, requirements, and priorities, for purposes of en10 suring the integration of intelligence community busi11 ness systems.

12 ‘‘(e) BUDGET INFORMATION.—For each fiscal year

13 after fiscal year 2009, the Director of National Intelligence

14 shall include in the materials the Director submits to Con15 gress in support of the budget for such fiscal year that is

16 submitted to Congress under section 1105 of title 31, United

17 States Code, the following information:

18 ‘‘(1) An identification of each intelligence com19 munity business system for which funding is proposed

20 in such budget.

21 ‘‘(2) An identification of all funds, by appro22 priation, proposed in such budget for each such sys23 tem, including—

24 ‘‘(A) funds for current services to operate

25 and maintain such system; and
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1 ‘‘(B) funds for business systems moderniza2 tion identified for each specific appropriation.

3 ‘‘(3) For each such system, identification of ap4 proval authority designated for such system under

5 subsection (c)(2).

6 ‘‘(4) The certification, if any, made under sub7 section (a)(3) with respect to each such system.

8 ‘‘(f) INTELLIGENCE COMMUNITY BUSINESS SYSTEMS

9 MANAGEMENT COMMITTEE.—(1) The Director of National

10 Intelligence shall establish an Intelligence Community

11 Business Systems Management Committee (in this sub12 section referred to as the ‘Committee’).

13 ‘‘(2) The Committee shall—

14 ‘‘(A) recommend to the Director policies and

15 procedures necessary to effectively integrate all busi16 ness activities and any transformation, reform, reor17 ganization, or process improvement initiatives under18 taken within the intelligence community;

19 ‘‘(B) review and approve any major update of—

20 ‘‘(i) the enterprise architecture developed

21 under subsection (b); and

22 ‘‘(ii) any plans for an intelligence commu23 nity business systems modernization;

24 ‘‘(C) manage cross-domain integration consistent

25 with such enterprise architecture;
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1 ‘‘(D) be responsible for coordinating initiatives

2 for intelligence community business system mod3 ernization to maximize benefits and minimize costs

4 for the intelligence community, and periodically re5 port to the Director on the status of efforts to carry

6 out an intelligence community business system mod7 ernization;

8 ‘‘(E) ensure that funds are obligated for intel9 ligence community business system modernization in

10 a manner consistent with subsection (a); and

11 ‘‘(F) carry out such other duties as the Director

12 shall specify.

13 ‘‘(g) RELATION TO ANNUAL REGISTRATION REQUIRE14 MENTS.—Nothing in this section shall be construed to alter

15 the requirements of section 8083 of the Department of De16 fense Appropriations Act, 2005 (Public Law 108–287; 118

17 Stat. 989), with regard to information technology systems

18 (as defined in subsection (d) of such section).

19 ‘‘(h) RELATION TO DEFENSE BUSINESS SYSTEMS AR20 CHITECTURE, ACCOUNTABILITY, AND MODERNIZATION RE21 QUIREMENTS.—An intelligence community business system

22 that receives more than 50 percent of its funds from

23 amounts available for the National Intelligence Program

24 shall be exempt from the requirements of section 2222 of

25 title 10, United States Code.
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1 ‘‘(i) RELATION TO CLINGER-COHEN ACT.—(1) The Di2 rector of National Intelligence and the Chief Information

3 Officer of the Intelligence Community shall fulfill the execu4 tive agency responsibilities in chapter 113 of title 40,

5 United States Code, for any intelligence community busi6 ness system that receives more than 50 percent of its fund7 ing from amounts appropriated for National Intelligence

8 Program.

9 ‘‘(2) Any intelligence community business system cov10 ered by paragraph (1) shall be exempt from the require11 ments of such chapter 113 that would otherwise apply to

12 the executive agency that contains the element of the intel13 ligence community involved.

14 ‘‘(j) REPORTS.—Not later than March 15 of each of

15 2009 through 2014, the Director of National Intelligence

16 shall submit to the congressional intelligence committees a

17 report on the compliance of the intelligence community with

18 the requirements of this section. Each such report shall—

19 ‘‘(1) describe actions taken and proposed for

20 meeting the requirements of subsection (a),

21 including—

22 ‘‘(A) specific milestones and actual perform23 ance against specified performance measures,

24 and any revision of such milestones and per25 formance measures; and
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1 ‘‘(B) specific actions on the intelligence

2 community business system modernizations sub3 mitted for certification under such subsection;

4 ‘‘(2) identify the number of intelligence commu5 nity business system modernizations that received a

6 certification described in subsection (a)(3)(B); and

7 ‘‘(3) describe specific improvements in business

8 operations and cost savings resulting from successful

9 intelligence community business systems moderniza10 tion efforts.

11 ‘‘(k) DEFINITIONS.—In this section:

12 ‘‘(1) The term ‘enterprise architecture’ has the

13 meaning given that term in section 3601(4) of title

14 44, United States Code.

15 ‘‘(2) The terms ‘information system’ and ‘infor16 mation technology’ have the meanings given those

17 terms in section 11101 of title 40, United States Code.

18 ‘‘(3) The term ‘intelligence community business

19 system’ means an information system, other than a

20 national security system, that is operated by, for, or

21 on behalf of the intelligence community, including fi22 nancial systems, mixed systems, financial data feeder

23 systems, the business infrastructure capabilities

24 shared by the systems of the business enterprise archi25 tecture that build upon the core infrastructure, used
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1 to support business activities, such as acquisition, fi2 nancial management, logistics, strategic planning

3 and budgeting, installations and environment, and

4 human resource management

5 ‘‘(4) The term ‘intelligence community business

6 system modernization’ means—

7 ‘‘(A) the acquisition or development of a

8 new intelligence community business system; or

9 ‘‘(B) any significant modification or en10 hancement of an existing intelligence community

11 business system (other than necessary to main12 tain current services).

13 ‘‘(5) The term ‘national security system’ has the

14 meaning given that term in section 3542 of title 44,

15 United States Code.’’.

16 (2) CLERICAL AMENDMENT.—The table of con17 tents in the first section of that Act, as amended by

18 section 310 and 311, is further amended by inserting

19 after the item relating to section 506C, as added by

20 section 312(b) the following new item:

‘‘Sec. 506D. Intelligence community business systems, architecture, accountability, and modernization.’’.

21 (b) IMPLEMENTATION.—

22 (1) CERTAIN DUTIES.—Not later than 60 days

23 after the date of the enactment of this Act, the Direc24 tor of National Intelligence shall—
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1 (A) complete the delegation of responsibility

2 for the review, approval, and oversight of the

3 planning, design, acquisition, deployment, oper4 ation, maintenance, and modernization of intel5 ligence community business systems required by

6 subsection (c) of section 506D of the National Se7 curity Act of 1947 (as added by subsection (a));

8 and

9 (B) designate a vice chairman and per10 sonnel to serve on the Intelligence Community

11 Business System Management Committee estab12 lished under subsection (f) of such section 506D

13 (as so added).

14 (2) ENTERPRISE ARCHITECTURE.—The Director

15 shall develop the enterprise architecture required by

16 subsection (b) of such section 506D (as so added) by

17 not later than March 1, 2008. In so developing the en18 terprise architecture, the Director shall develop an

19 implementation plan for the architecture, including

20 the following:

21 (A) The acquisition strategy for new sys22 tems that are expected to be needed to complete

23 the enterprise architecture, including specific

24 time-phased milestones, performance metrics,
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1 and a statement of the financial and non2 financial resource needs.

3 (B) An identification of the intelligence

4 community business systems in operation or

5 planned as of December 31, 2006, that will not

6 be a part of the enterprise architecture, together

7 with the schedule for the phased termination of

8 the utilization of any such systems.

9 (C) An identification of the intelligence

10 community business systems in operation or

11 planned as of December 31, 2006, that will be a

12 part of the enterprise architecture, together with

13 a strategy for modifying such systems to ensure

14 that such systems comply with such enterprise

15 architecture.

16 SEC. 313. REPORTS ON THE ACQUISITION OF MAJOR SYS17 TEMS.

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

19 Act of 1947 (50 U.S.C. 413 et seq.), as amended by sections

20 310, 311, and 312, is further amended by inserting after

21 section 506D, as added by section 312(a)(1), the following

22 new section:

23 ‘‘REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS

24 ‘‘SEC. 506E. (a) ANNUAL REPORTS REQUIRED.—(1)

25 The Director of National Intelligence shall submit to the

26 congressional intelligence committees each year, at the same
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1 time the budget of the President for the fiscal year beginning

2 in such year is submitted to Congress pursuant to section

3 1105 of title 31, United States Code, a separate report on

4 each acquisition of a major system by an element of the

5 intelligence community.

6 ‘‘(2) Each report under this section shall be known as

7 a ‘Report on the Acquisition of Major Systems’.

8 ‘‘(b) ELEMENTS.—Each report under this section shall

9 include, for the acquisition of a major system, information

10 on the following:

11 ‘‘(1) The current total anticipated acquisition

12 cost for such system, and the history of such cost from

13 the date the system was first included in a report

14 under this section to the end of the calendar quarter

15 immediately proceeding the submittal of the report

16 under this section.

17 ‘‘(2) The current anticipated development sched18 ule for the system, including an estimate of annual

19 development costs until development is completed.

20 ‘‘(3) The current anticipated procurement sched21 ule for the system, including the best estimate of the

22 Director of National Intelligence of the annual costs

23 and units to be procured until procurement is com24 pleted.
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1 ‘‘(4) A full life-cycle cost analysis for such sys2 tem.

3 ‘‘(5) The result of any significant test and eval4 uation of such major system as of the date of the sub5 mittal of such report, or, if a significant test and

6 evaluation has not been conducted, a statement of the

7 reasons therefor and the results of any other test and

8 evaluation that has been conducted of such system.

9 ‘‘(6) The reasons for any change in acquisition

10 cost, or schedule, for such system from the previous re11 port under this section (if applicable).

12 ‘‘(7) The significant contracts or subcontracts re13 lated to the major system.

14 ‘‘(8) If there is any cost or schedule variance

15 under a contract referred to in paragraph (7) since

16 the previous report under this section, the reasons for

17 such cost or schedule variance.

18 ‘‘(c) DETERMINATION OF INCREASE IN COSTS.—Any

19 determination of a percentage increase in the acquisition

20 costs of a major system for which a report is filed under

21 this section shall be stated in terms of constant dollars from

22 the first fiscal year in which funds are appropriated for

23 such contract.

24 ‘‘(d) DEFINITIONS.—In this section:
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1 ‘‘(1) The term ‘acquisition cost’, with respect to

2 a major system, means the amount equal to the total

3 cost for development and procurement of, and system4 specific construction for, such system.

5 ‘‘(2) The term ‘full life-cycle cost’, with respect to

6 the acquisition of a major system, means all costs of

7 development, procurement, construction, deployment,

8 and operation and support for such program, without

9 regard to funding source or management control, in10 cluding costs of development and procurement re11 quired to support or utilize such system.

12 ‘‘(3) The term ‘major system’, has the meaning

13 given that term in section 506A(e).’’.

14 (b) CLERICAL AMENDMENT.—The table of contents in

15 the first section of that Act, as amended by sections 310,

16 311, and 312, is further amended by inserting after the item

17 relating to section 506D, as added by section 312(a)(2), the

18 following new item:

‘‘Sec. 506E. Reports on the acquisition of major systems.’’.

19 SEC. 314. EXCESSIVE COST GROWTH OF MAJOR SYSTEMS.

20 (a) NOTIFICATION.—Title V of the National Security

21 Act of 1947, as amended by sections 310 through 313, is

22 further amended by inserting after section 506E, as added

23 by section 313(a), the following new section:
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1 ‘‘EXCESSIVE COST GROWTH OF MAJOR SYSTEMS

2 ‘‘SEC. 506F. (a) COST INCREASES OF AT LEAST 20

3 PERCENT.—(1) On a continuing basis, and separate from

4 the submission of any report on a major system required

5 by section 506E of this Act, the Director of National Intel6 ligence shall determine if the acquisition cost of such major

7 system has increased by at least 20 percent as compared

8 to the baseline cost of such major system.

9 ‘‘(2)(A) If the Director determines under paragraph

10 (1) that the acquisition cost of a major system has increased

11 by at least 20 percent, the Director shall submit to the con12 gressional intelligence committees a written notification of

13 such determination as described in subparagraph (B), a de14 scription of the amount of the increase in the acquisition

15 cost of such major system, and a certification as described

16 in subparagraph (C).

17 ‘‘(B) The notification required by subparagraph (A)

18 shall include—

19 ‘‘(i) an independent cost estimate;

20 ‘‘(ii) the date on which the determination covered

21 by such notification was made;

22 ‘‘(iii) contract performance assessment informa23 tion with respect to each significant contract or sub24 contract related to such major system, including the

25 name of the contractor, the phase of the contract at
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1 the time of the report, the percentage of work under

2 the contract that has been completed, any change in

3 contract cost, the percentage by which the contract is

4 currently ahead or behind schedule, and a summary

5 explanation of significant occurrences, such as cost

6 and schedule variances, and the effect of such occur7 rences on future costs and schedules;

8 ‘‘(iv) the prior estimate of the full life-cycle cost

9 for such major system, expressed in constant dollars

10 and in current year dollars;

11 ‘‘(v) the current estimated full life-cycle cost of

12 such major system, expressed in constant dollars and

13 current year dollars;

14 ‘‘(vi) a statement of the reasons for any increases

15 in the full life-cycle cost of such major system;

16 ‘‘(vii) the current change and the total change,

17 in dollars and expressed as a percentage, in the full

18 life-cycle cost applicable to such major system, stated

19 both in constant dollars and current year dollars;

20 ‘‘(viii) the completion status of such major sys21 tem expressed as the percentage—

22 ‘‘(I) of the total number of years for which

23 funds have been appropriated for such major sys24 tem compared to the number of years for which
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1 it is planned that such funds will be appro2 priated; and

3 ‘‘(II) of the amount of funds that have been

4 appropriated for such major system compared to

5 the total amount of such funds which it is

6 planned will be appropriated;

7 ‘‘(ix) the action taken and proposed to be taken

8 to control future cost growth of such major system;

9 and

10 ‘‘(x) any changes made in the performance or

11 schedule of such major system and the extent to which

12 such changes have contributed to the increase in full

13 life-cycle costs of such major system.

14 ‘‘(C) The certification described in this subparagraph

15 is a written certification made by the Director and sub16 mitted to the congressional intelligence committees that—

17 ‘‘(i) the acquisition of such major system is es18 sential to the national security;

19 ‘‘(ii) there are no alternatives to such major sys20 tem that will provide equal or greater intelligence ca21 pability at equal or lesser cost to completion;

22 ‘‘(iii) the new estimates of the full life-cycle cost

23 for such major system are reasonable; and
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1 ‘‘(iv) the management structure for the acquisi2 tion of such major system is adequate to manage and

3 control full life-cycle cost of such major system.

4 ‘‘(b) COST INCREASES OF AT LEAST 40 PERCENT.—

5 (1) If the Director of National Intelligence determines that

6 the acquisition cost of a major system has increased by at

7 least 40 percent as compared to the baseline cost of such

8 major system, the President shall submit to the congres9 sional intelligence committees a written certification stat10 ing that—

11 ‘‘(A) the acquisition of such major system is es12 sential to the national security;

13 ‘‘(B) there are no alternatives to such major sys14 tem that will provide equal or greater intelligence ca15 pability at equal or lesser cost to completion;

16 ‘‘(C) the new estimates of the full life-cycle cost

17 for such major system are reasonable; and

18 ‘‘(D) the management structure for the acquisi19 tion of such major system is adequate to manage and

20 control the full life-cycle cost of such major system.

21 ‘‘(2) In addition to the certification required by para22 graph (1), the Director of National Intelligence shall submit

23 to the congressional intelligence committees an updated no24 tification, with current accompanying information, as re25 quired by subsection (a)(2).
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1 ‘‘(c) PROHIBITION ON OBLIGATION OF FUNDS.—(1) If

2 a written certification required under subsection (a)(2)(A)

3 is not submitted to the congressional intelligence committees

4 within 30 days of the determination made under subsection

5 (a)(1), funds appropriated for the acquisition of a major

6 system may not be obligated for a major contract under

7 the program. Such prohibition on the obligation of funds

8 shall cease to apply at the end of the 30-day period of a

9 continuous session of Congress that begins on the date on

10 which Congress receives the notification required under sub11 section (a)(2)(A).

12 ‘‘(2) If a written certification required under sub13 section (b)(1) is not submitted to the congressional intel14 ligence committees within 30 days of the determination

15 made under subsection (b)(1), funds appropriated for the

16 acquisition of a major system may not be obligated for a

17 major contract under the program. Such prohibition on the

18 obligation of funds for the acquisition of a major system

19 shall cease to apply at the end of the 30-day period of a

20 continuous session of Congress that begins on the date on

21 which Congress receives the notification required under sub22 section (b)(2).

23 ‘‘(d) DEFINITIONS.—In this section:

24 ‘‘(1) The term ‘acquisition cost’ has the meaning

25 given that term in section 506E(d).
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1 ‘‘(2) The term ‘baseline cost’, with respect to a

2 major system, means the projected acquisition cost of

3 such system on the date the contract for the develop4 ment, procurement, and construction of the system is

5 awarded.

6 ‘‘(3) The term ‘full life-cycle cost’ has the mean7 ing given that term in section 506E(d).

8 ‘‘(4) The term ‘independent cost estimate’ has the

9 meaning given that term in section 506A(e).

10 ‘‘(5) The term ‘major system’ has the meaning

11 given that term in section 506A(e).’’.

12 (b) CLERICAL AMENDMENT.—The table of contents in

13 the first section of that Act, as amended by sections 310

14 through 313 of this Act, is further amended by inserting

15 after the items relating to section 506E, as added by section

16 313(b), the following new item:

‘‘Sec. 506F. Excessive cost growth of major systems.’’.

17 SEC. 315. SUBMITTAL TO CONGRESS OF CERTAIN COURT

18 ORDERS UNDER THE FOREIGN INTEL19 LIGENCE SURVEILLANCE ACT OF 1978.

20 (a) INCLUSION OF CERTAIN ORDERS IN SEMI-ANNUAL

21 REPORTS OF ATTORNEY GENERAL.—Subsection (a)(5) of

22 section 601 of the Foreign Intelligence Surveillance Act of

23 1978 (50 U.S.C. 1871) is amended by striking ‘‘(not includ24 ing orders)’’ and inserting ‘‘, orders,’’.
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1 (b) REPORTS BY ATTORNEY GENERAL ON CERTAIN

2 OTHER ORDERS.—That section is further amended by add3 ing at the end the following new subsection:

4 ‘‘(c) The Attorney General shall submit to the commit5 tees of Congress referred to in subsection (a) a copy of any

6 decision, order, or opinion issued by the court established

7 under section 103(a) or the court of review established

8 under section 103(b) that includes significant construction

9 or interpretation of any provision of this Act not later than

10 45 days after such decision, order, or opinion is issued.’’.

11 SEC. 316. REPEAL OF CERTAIN REPORTING REQUIRE12 MENTS.

13 (a) ANNUAL REPORT ON INTELLIGENCE.—

14 (1) REPEAL.—Section 109 of the National Secu15 rity Act of 1947 (50 U.S.C. 404d) is repealed.

16 (2) CLERICAL AMENDMENT.—The table of con17 tents in the first section of the National Security Act

18 of 1947 is amended by striking the item relating to

19 section 109.

20 (b) ANNUAL AND SPECIAL REPORTS ON INTELLIGENCE

21 SHARING WITH THE UNITED NATIONS.—Section 112 of the

22 National Security Act of 1947 (50 U.S.C. 404g) is

23 amended—

24 (1) by striking subsection (b); and
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1 (2) by redesignating subsections (c), (d), and (e)

2 as subsections (b), (c), and (d), respectively.

3 (c) ANNUAL REPORT ON SAFETY AND SECURITY OF

4 RUSSIAN NUCLEAR FACILITIES AND FORCES.—Section 114

5 of the National Security Act of 1947 (50 U.S.C. 404i) is

6 amended—

7 (1) by striking subsection (a); and

8 (2) by redesignating subsections (b), (c), and (d)

9 as subsections (a), (b), and (c), respectively.

10 (d) ANNUAL CERTIFICATION ON COUNTERINTEL11 LIGENCE INITIATIVES.—Section 1102(b) of the National Se12 curity Act of 1947 (50 U.S.C. 442a(b)) is amended—

13 (1) by striking ‘‘(1)’’; and

14 (2) by striking paragraph (2).

15 (e) REPORT AND CERTIFICATION UNDER TERRORIST

16 IDENTIFICATION CLASSIFICATION SYSTEM.—Section 343 of

17 the Intelligence Authorization Act for Fiscal Year 2003 (50

18 U.S.C. 404n–2) is amended—

19 (1) by striking subsection (d); and

20 (2) by redesignating subsections (e), (f), (g), and

21 (h) as subsections (d), (e), (f), and (g), respectively.

22 (f) ANNUAL REPORT ON COUNTERDRUG INTELLIGENCE

23 MATTERS.—Section 826 of the Intelligence Authorization

24 Act for Fiscal Year 2003 (Public Law 107–306; 116 Stat.

25 2429; 21 U.S.C. 873 note) is repealed.
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1 (g) SEMIANNUAL REPORT ON CONTRIBUTIONS TO PRO2 LIFERATION EFFORTS OF COUNTRIES OF PROLIFERATION

3 CONCERN.—Section 722 of the Combatting Proliferation of

4 Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2369)

5 is repealed.

6 (h) CONFORMING AMENDMENTS.—Section 507(a) of

7 the National Security Act of 1947 (50 U.S.C. 415b(a)) is

8 amended—

9 (1) in paragraph (1)—

10 (A) by striking subparagraphs (A) and (B);

11 and

12 (B) by redesignating subparagraphs (C)

13 through (N) as subparagraphs (A) through (L),

14 respectively; and

15 (2) in paragraph (2)—

16 (A) by striking subparagraphs (A) and (D);

17 (B) by redesignating subparagraphs (B)

18 and (C) as subparagraphs (A) and (B), respec19 tively; and

20 (C) in subparagraph (A), as redesignated

21 by subparagraph (B) of this paragraph, by strik22 ing ‘‘114(c)’’ and inserting ‘‘114(b)’’.
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1 TITLE IV—MATTERS RELATING

2 TO ELEMENTS OF THE INTEL3 LIGENCE COMMUNITY

4 Subtitle A—Office of the Director of

5 National Intelligence

6 SEC. 401. REQUIREMENTS FOR ACCOUNTABILITY REVIEWS

7 BY THE DIRECTOR OF NATIONAL INTEL8 LIGENCE.

9 (a) RESPONSIBILITY OF THE DIRECTOR OF NATIONAL

10 INTELLIGENCE.—Subsection (b) of section 102 of the Na11 tional Security Act of 1947 (50 U.S.C. 403) is amended—

12 (1) in paragraph (2), by striking ‘‘and’’ at the

13 end;

14 (2) in paragraph (3)—

15 (A) by striking ‘‘2004,’’ and inserting

16 ‘‘2004 (50 U.S.C. 403 note),’’; and

17 (B) by striking the period at the end and

18 inserting a semicolon and ‘‘and’’; and

19 (3) by inserting after paragraph (3), the fol20 lowing new paragraph:

21 ‘‘(4) conduct accountability reviews of elements

22 of the intelligence community and the personnel of

23 such elements, if appropriate.’’.
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1 (b) TASKING AND OTHER AUTHORITIES.—Subsection

2 (f) of section 102A of such Act (50 U.S.C. 403–1) is

3 amended—

4 (1) by redesignating paragraphs (7) and (8), as

5 paragraphs (8) and (9), respectively; and

6 (2) by inserting after paragraph (6), the fol7 lowing new paragraph:

8 ‘‘(7)(A) The Director of National Intelligence shall, if

9 the Director determines it is necessary, or may, if requested

10 by a congressional intelligence committee, conduct account11 ability reviews of elements of the intelligence community

12 or the personnel of such elements in relation to significant

13 failures or deficiencies within the intelligence community.

14 ‘‘(B) The Director of National Intelligence, in con15 sultation with the Attorney General, shall establish guide16 lines and procedures for conducting accountability reviews

17 under subparagraph (A).

18 ‘‘(C) The requirements of this paragraph shall not

19 limit any authority of the Director of National Intelligence

20 under subsection (m) or with respect to supervision of the

21 Central Intelligence Agency.’’.
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1 SEC. 402. ADDITIONAL AUTHORITIES OF THE DIRECTOR OF

2 NATIONAL INTELLIGENCE ON INTELLIGENCE

3 INFORMATION SHARING.

4 (a) AUTHORITIES OF THE DIRECTOR OF NATIONAL IN5 TELLIGENCE.—Section 102A(g)(1) of the National Security

6 Act of 1947 (50 U.S.C. 403–1(g)(1)) is amended—

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

8 the end;

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

10 and inserting a semicolon; and

11 (3) by adding at the end the following new sub12 paragraphs:

13 ‘‘(G) in carrying out this subsection, without re14 gard to any other provision of law (other than this

15 Act and the National Security Intelligence Reform

16 Act of 2004 (title I of Public Law 108–458)), expend

17 funds and make funds available to other department

18 or agencies of the United States for, and direct the de19 velopment and fielding of, systems of common concern

20 related to the collection, processing, analysis, exploi21 tation, and dissemination of intelligence information;

22 and

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

24 intelligence information sharing or access capabili25 ties, have the authority to transfer funds appropriated

26 for a program within the National Intelligence Pro-
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1 gram to a program funded by appropriations not

2 within the National Intelligence Program, consistent

3 with paragraphs (3) through (7) of subsection (d).’’.

4 (b) AUTHORITIES OF HEADS OF OTHER DEPART5 MENTS AND AGENCIES.—Notwithstanding any other provi6 sion of law, the head of any department or agency of the

7 United States is authorized to receive and utilize funds

8 made available to the department or agency by the Director

9 of National Intelligence pursuant to section 102A(g)(1) of

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

11 as amended by subsection (a), and receive and utilize any

12 system referred to in such section that is made available

13 to the department or agency.

14 SEC. 403. MODIFICATION OF LIMITATION ON DELEGATION

15 BY THE DIRECTOR OF NATIONAL INTEL16 LIGENCE OF THE PROTECTION OF INTEL17 LIGENCE SOURCES AND METHODS.

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

19 1947 (50 U.S.C. 403–1(i)(3)) is amended by inserting be20 fore the period the following: ‘‘, any Deputy Director of Na21 tional Intelligence, or the Chief Information Officer of the

22 Intelligence Community’’.
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1 SEC. 404. ADDITIONAL ADMINISTRATIVE AUTHORITY OF

2 THE DIRECTOR OF NATIONAL INTELLIGENCE.

3 Section 102A of the National Security Act of 1947 (50

4 U.S.C. 403–1) is amended by adding at the end the fol5 lowing new subsection:

6 ‘‘(s) ADDITIONAL ADMINISTRATIVE AUTHORITIES.—

7 (1) Notwithstanding section 1346 of title 31, United States

8 Code, or any other provision of law prohibiting the inter9 agency financing of activities described in subparagraph

10 (A) or (B), upon the request of the Director of National

11 Intelligence, any element of the intelligence community may

12 use appropriated funds to support or participate in the

13 interagency activities of the following:

14 ‘‘(A) National intelligence centers established by

15 the Director under section 119B.

16 ‘‘(B) Boards, commissions, councils, committees,

17 and similar groups that are established—

18 ‘‘(i) for a term of not more than two years;

19 and

20 ‘‘(ii) by the Director.

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

22 enactment of the Intelligence Authorization Act for Fiscal

23 Year 2008 shall be construed to limit or supersede the au24 thority in paragraph (1) unless such provision makes spe25 cific reference to the authority in that paragraph.’’.
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1 SEC. 405. ENHANCEMENT OF AUTHORITY OF THE DIRECTOR

2 OF NATIONAL INTELLIGENCE FOR FLEXIBLE

3 PERSONNEL MANAGEMENT AMONG THE ELE4 MENTS OF THE INTELLIGENCE COMMUNITY.

5 Section 102A of the National Security Act of 1947 (50

6 U.S.C. 403–1), as amended by section 404 of this Act, is

7 further amended by adding at the end the following new

8 subsections:

9 ‘‘(t) AUTHORITY TO ESTABLISH POSITIONS IN EX10 CEPTED SERVICE.—(1) The Director of National Intel11 ligence may, with the concurrence of the head of the depart12 ment or agency concerned and in coordination with the Di13 rector of the Office of Personnel Management—

14 ‘‘(A) convert such competitive service positions,

15 and their incumbents, within an element of the intel16 ligence community to excepted service positions as the

17 Director of National Intelligence determines necessary

18 to carry out the intelligence functions of such element;

19 and

20 ‘‘(B) establish the classification and ranges of

21 rates of basic pay for positions so converted, notwith22 standing otherwise applicable laws governing the clas23 sification and rates of basic pay for such positions.

24 ‘‘(2)(A) At the request of the Director of National Intel25 ligence, the head of a department or agency may establish

26 new positions in the excepted service within an element of
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1 such department or agency that is part of the intelligence

2 community if the Director determines that such positions

3 are necessary to carry out the intelligence functions of such

4 element.

5 ‘‘(B) The Director of National Intelligence may estab6 lish the classification and ranges of rates of basic pay for

7 any position established under subparagraph (A), notwith8 standing otherwise applicable laws governing the classifica9 tion and rates of basic pay for such positions

10 ‘‘(3) The head of the department or agency concerned

11 is authorized to appoint individuals for service in positions

12 converted under paragraph (1) or established under para13 graph (2) without regard to the provisions of chapter 33

14 of title 5, United States Code, governing appointments in

15 the competitive service, and to fix the compensation of such

16 individuals within the applicable ranges of rates of basic

17 pay established by the Director of National Intelligence.

18 ‘‘(4) The maximum rate of basic pay established under

19 this subsection is the rate for level III of the Executive

20 Schedule under section 5314 of title 5, United States Code.

21 ‘‘(u) PAY AUTHORITY FOR CRITICAL POSITIONS.—(1)

22 Notwithstanding any pay limitation established under any

23 other provision of law applicable to employees in elements

24 of the intelligence community, the Director of National In25 telligence may, in consultation with the Director of the Of-
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1 fice of Personnel Management and the Director of the Office

2 of Management and Budget, grant authority to fix the rate

3 of basic pay for one or more positions within the intel4 ligence community at a rate in excess of any applicable

5 limitation, subject to the provisions of this subsection. The

6 exercise of authority so granted is at the discretion of the

7 head of the department or agency employing the individual

8 in a position covered by such authority, subject to the provi9 sions of this subsection and any conditions established by

10 the Director of National Intelligence when granting such

11 authority.

12 ‘‘(2) Authority under this subsection may be granted

13 or exercised—

14 ‘‘(A) only with respect to a position which re15 quires an extremely high level of expertise and is crit16 ical to successful accomplishment of an important

17 mission; and

18 ‘‘(B) only to the extent necessary to recruit or re19 tain an individual exceptionally well qualified for the

20 position.

21 ‘‘(3) A rate of basic pay may not be fixed under this

22 subsection at a rate greater than the rate payable for level

23 II of the Executive Schedule under section 5312 of title 5,

24 United States Code, except upon written approval of the
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1 Director of National Intelligence or as otherwise authorized

2 by law.

3 ‘‘(4) A rate of basic pay may not be fixed under this

4 subsection at a rate greater than the rate payable for level

5 I of the Executive Schedule under section 5311 of title 5,

6 United States Code, except upon written approval of the

7 President in response to a request by the Director of Na8 tional Intelligence or as otherwise authorized by law.

9 ‘‘(5) Any grant of authority under this subsection for

10 a position shall terminate at the discretion of the Director

11 of National Intelligence.

12 ‘‘(v) EXTENSION OF FLEXIBLE PERSONNEL MANAGE13 MENT AUTHORITIES.—(1) Notwithstanding any other pro14 vision of law, in order to ensure the equitable treatment

15 of employees across the intelligence community, the Director

16 of National Intelligence may, with the concurrence of the

17 head of the department or agency concerned, or for those

18 matters that fall under the responsibilities of the Office of

19 Personnel Management under statute or Executive Order,

20 in coordination with the Director of the Office of Personnel

21 Management, authorize one or more elements of the intel22 ligence community to adopt compensation authority, per23 formance management authority, and scholarship authority

24 that have been authorized for another element of the intel-
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1 ligence community if the Director of National

2 Intelligence—

3 ‘‘(A) determines that the adoption of such au4 thority would improve the management and perform5 ance of the intelligence community, and

6 ‘‘(B) submits to the congressional intelligence

7 committees, not later than 60 days before such author8 ity is to take effect, notice of the adoption of such au9 thority by such element or elements, including the au10 thority to be so adopted, and an estimate of the costs

11 associated with the adoption of such authority.

12 ‘‘(2) To the extent that an existing compensation au13 thority within the intelligence community is limited to a

14 particular category of employees or a particular situation,

15 the authority may be adopted in another element of the in16 telligence community under this subsection only for employ17 ees in an equivalent category or in an equivalent situation.

18 ‘‘(3) In this subsection, the term ‘compensation author19 ity’ means authority involving basic pay (including posi20 tion classification), premium pay, awards, bonuses, incen21 tives, allowances, differentials, student loan repayments,

22 and special payments, but does not include authorities as

23 follows:

24 ‘‘(A) Authorities related to benefits such as leave,

25 severance pay, retirement, and insurance.
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1 ‘‘(B) Authority to grant Presidential Rank

2 Awards under sections 4507 and 4507a of title 5,

3 United States Code, section 3151(c) of title 31, United

4 States Code, and any other provision of law.

5 ‘‘(C) Compensation authorities and performance

6 management authorities provided under provisions of

7 law relating to the Senior Executive Service.’’.

8 SEC. 406. CLARIFICATION OF LIMITATION ON CO-LOCATION

9 OF THE OFFICE OF THE DIRECTOR OF NA10 TIONAL INTELLIGENCE.

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

12 (50 U.S.C. 403–3(e)) is amended—

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

14 HEADQUARTERS WITH HEADQUARTERS OF’’;

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

16 Office’’; and

17 (3) by striking ‘‘any other element’’ and insert18 ing ‘‘the headquarters of any other element’’.

19 SEC. 407. ADDITIONAL DUTIES OF THE DIRECTOR OF

20 SCIENCE AND TECHNOLOGY OF THE OFFICE

21 OF THE DIRECTOR OF NATIONAL INTEL22 LIGENCE.

23 (a) COORDINATION AND PRIORITIZATION OF RE24 SEARCH CONDUCTED BY ELEMENTS OF INTELLIGENCE

25 COMMUNITY.—Subsection (d) of section 103E of the Na-
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1 tional Security Act of 1947 (50 U.S.C. 403–3e) is

2 amended—

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

4 prioritize’’ after ‘‘coordinate’’; and

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

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

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

11 (b) DEVELOPMENT OF TECHNOLOGY GOALS.—That

12 section is further amended—

13 (1) in subsection (c)—

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

15 the end;

16 (B) by redesignating paragraph (5) as

17 paragraph (9); and

18 (C) by inserting after paragraph (4) the fol19 lowing new paragraphs:

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

21 the elements of the intelligence community to meet the

22 technology needs of the intelligence community;

23 ‘‘(6) under the direction of the Director, establish

24 engineering standards and specifications applicable to

25 each acquisition of a major system (as that term is
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1 defined in section 506A(e)(3)) by the intelligence com2 munity;

3 ‘‘(7) develop 15-year projections and assessments

4 of the needs of the intelligence community to ensure

5 a robust Federal scientific and engineering workforce

6 and the means to recruit such a workforce through in7 tegrated scholarships across the intelligence commu8 nity, including research grants and cooperative work9 study programs;

10 ‘‘(8) ensure that each acquisition program of the

11 intelligence community for a major system (as so de12 fined) complies with the standards and specifications

13 established under paragraph (6); and’’; and

14 (2) by adding at the end the following new sub15 section:

16 ‘‘(e) GOALS FOR TECHNOLOGY NEEDS OF INTEL17 LIGENCE COMMUNITY.—In carrying out subsection (c)(5),

18 the Director of Science and Technology shall—

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

20 significant intelligence challenges that require tech21 nical solutions;

22 ‘‘(2) examine options to enhance the responsive23 ness of research and design programs of the elements

24 of the intelligence community to meet the require-
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1 ments of the intelligence community for timely sup2 port; and

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

4 in establishing research and development priorities

5 and projects for the intelligence community that—

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

7 national intelligence requirements;

8 ‘‘(B) address deficiencies or gaps in the col9 lection, processing, analysis, or dissemination of

10 national intelligence;

11 ‘‘(C) take into account funding constraints

12 in program development and acquisition; and

13 ‘‘(D) address system requirements from col14 lection to final dissemination (also known as

15 ‘end-to-end architecture’).’’.

16 (c) REPORT.—

17 (1) IN GENERAL.—Not later than June 30, 2008,

18 the Director of National Intelligence shall submit to

19 Congress a report containing a strategy for the devel20 opment and use of technology in the intelligence com21 munity through 2021.

22 (2) ELEMENTS.—The report under paragraph

23 (1) shall include—
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1 (A) an assessment of the highest priority in2 telligence gaps across the intelligence community

3 that may be resolved by the use of technology;

4 (B) goals for advanced research and devel5 opment and a strategy to achieve such goals;

6 (C) an explanation of how each advanced

7 research and development project funded under

8 the National Intelligence Program addresses an

9 identified intelligence gap;

10 (D) a list of all current and projected re11 search and development projects by research type

12 (basic, advanced, or applied) with estimated

13 funding levels, estimated initiation dates, and es14 timated completion dates; and

15 (E) a plan to incorporate technology from

16 research and development projects into National

17 Intelligence Program acquisition programs.

18 (3) FORM.—The report under paragraph (1)

19 may be submitted in classified form.

20 SEC. 408. TITLE OF CHIEF INFORMATION OFFICER OF THE

21 INTELLIGENCE COMMUNITY.

22 Section 103G of the National Security Act of 1947 (50

23 U.S.C. 403–3g) is amended—
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1 (1) in subsection (a), by inserting ‘‘of the Intel2 ligence Community’’ after ‘‘Chief Information Offi3 cer’’;

4 (2) in subsection (b), by inserting ‘‘of the Intel5 ligence Community’’ after ‘‘Chief Information Offi6 cer’’;

7 (3) in subsection (c), by inserting ‘‘of the Intel8 ligence Community’’ after ‘‘Chief Information Offi9 cer’’; and

10 (4) in subsection (d), by inserting ‘‘of the Intel11 ligence Community’’ after ‘‘Chief Information Offi12 cer’’ the first place it appears.

13 SEC. 409. RESERVE FOR CONTINGENCIES OF THE OFFICE

14 OF THE DIRECTOR OF NATIONAL INTEL15 LIGENCE.

16 (a) ESTABLISHMENT.—Title I of the National Security

17 Act of 1947 (50 U.S.C. 402 et seq.) is amended by inserting

18 after section 103G the following new section:

19 ‘‘RESERVE FOR CONTINGENCIES OF THE OFFICE OF THE

20 DIRECTOR OF NATIONAL INTELLIGENCE

21 ‘‘SEC. 103H. (a) IN GENERAL.—There is established

22 a fund to be known as the ‘Reserve for Contingencies of the

23 Office of the Director of National Intelligence’ (in this sec24 tion referred to as the ‘Reserve’).

25 ‘‘(b) ELEMENTS.—(1) The Reserve shall consist of the

26 following elements:
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1 ‘‘(A) Amounts authorized to be appropriated to

2 the Reserve.

3 ‘‘(B) Amounts authorized to be transferred to or

4 deposited in the Reserve by law.

5 ‘‘(2) No amount may be transferred to the Reserve

6 under subparagraph (B) of paragraph (1) during a fiscal

7 year after the date on which a total of $50,000,000 has been

8 transferred to or deposited in the Reserve under subpara9 graph (A) or (B) of such paragraph.

10 ‘‘(c) AMOUNTS AVAILABLE FOR DEPOSIT.—Amounts

11 deposited into the Reserve shall be amounts appropriated

12 to the National Intelligence Program.

13 ‘‘(d) AVAILABILITY OF FUNDS.—(1) Amounts in the

14 Reserve shall be available for such purposes as are provided

15 by law for the Office of the Director of National Intelligence

16 or the separate elements of the intelligence community for

17 support of emerging needs, improvements to program effec18 tiveness, or increased efficiency.

19 ‘‘(2)(A) Subject to subparagraph (B), amounts in the

20 Reserve may be available for a program or activity if—

21 ‘‘(i) the Director of National Intelligence, con22 sistent with the provisions of sections 502 and 503,

23 notifies the congressional intelligence committees of

24 the intention to utilize such amounts for such pro25 gram or activity; and
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1 ‘‘(ii) 15 calendar days elapses after the date of

2 such notification.

3 ‘‘(B) In addition to the requirements in subparagraph

4 (A), amounts in the Reserve may be available for a program

5 or activity not previously authorized by Congress only with

6 the approval of the Director the Office of Management and

7 Budget.

8 ‘‘(3) Use of any amounts in the Reserve shall be subject

9 to the direction and approval of the Director of National

10 Intelligence, or the designee of the Director, and shall be

11 subject to such procedures as the Director may prescribe.

12 ‘‘(4) Amounts transferred to or deposited in the Re13 serve in a fiscal year under subsection (b) shall be available

14 under this subsection in such fiscal year and the fiscal year

15 following such fiscal year.’’.

16 (b) APPLICABILITY.—No funds appropriated prior to

17 the date of the enactment of this Act may be transferred

18 to or deposited in the Reserve for Contingencies of the Office

19 of the Director of National Intelligence established in sec20 tion 103H of the National Security Act of 1947, as added

21 by subsection (a).

22 (c) CLERICAL AMENDMENT.—The table of contents in

23 the first section of the National Security Act of 1947 is

24 amended by inserting after the item relating to section

25 103G the following new item:
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‘‘Sec. 103H. Reserve for Contingencies of the Office of the Director of National

Intelligence.’’.

1 SEC. 410. INSPECTOR GENERAL OF THE INTELLIGENCE

2 COMMUNITY.

3 (a) ESTABLISHMENT.—

4 (1) IN GENERAL.—Title I of the National Secu5 rity Act of 1947 (50 U.S.C. 402 et seq.), as amended

6 by section 409 of this Act, is further amended by in7 serting after section 103H the following new section:

8 ‘‘INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY

9 ‘‘SEC. 103I. (a) OFFICE OF INSPECTOR GENERAL OF

10 INTELLIGENCE COMMUNITY.—There is within the Office of

11 the Director of National Intelligence an Office of the Inspec12 tor General of the Intelligence Community.

13 ‘‘(b) PURPOSE.—The purpose of the Office of the In14 spector General of the Intelligence Community is to—

15 ‘‘(1) create an objective and effective office, ap16 propriately accountable to Congress, to initiate and

17 conduct independently investigations, inspections,

18 and audits on matters within the responsibility and

19 authority of the Director of National Intelligence;

20 ‘‘(2) recommend policies designed—

21 ‘‘(A) to promote economy, efficiency, and ef22 fectiveness in the administration and implemen23 tation of matters within the responsibility and
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1 authority of the Director of National Intelligence;

2 and

3 ‘‘(B) to prevent and detect fraud and abuse

4 in such matters;

5 ‘‘(3) provide a means for keeping the Director of

6 National Intelligence fully and currently informed

7 about—

8 ‘‘(A) problems and deficiencies relating to

9 matters within the responsibility and authority

10 of the Director of National Intelligence; and

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

12 corrective actions; and

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

14 ensure that the congressional intelligence committees

15 are kept similarly informed of—

16 ‘‘(A) significant problems and deficiencies

17 relating to matters within the responsibility and

18 authority of the Director of National Intelligence;

19 and

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

21 corrective actions.

22 ‘‘(c) INSPECTOR GENERAL OF INTELLIGENCE COMMU23 NITY.—(1) There is an Inspector General of the Intelligence

24 Community, who shall be the head of the Office of the In25 spector General of the Intelligence Community, who shall
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1 be appointed by the President, by and with the advice and

2 consent of the Senate.

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

4 as Inspector General shall be made—

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

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

7 with the security standards of the intelligence commu8 nity, and prior experience in the field of intelligence

9 or national security; and

10 ‘‘(C) on the basis of demonstrated ability in ac11 counting, financial analysis, law, management anal12 ysis, public administration, or auditing.

13 ‘‘(3) The Inspector General shall report directly to and

14 be under the general supervision of the Director of National

15 Intelligence.

16 ‘‘(4) The Inspector General may be removed from office

17 only by the President. The President shall immediately

18 communicate in writing to the congressional intelligence

19 committees the reasons for the removal of any individual

20 from the position of Inspector General.

21 ‘‘(d) DUTIES AND RESPONSIBILITIES.—Subject to sub22 sections (g) and (h), it shall be the duty and responsibility

23 of the Inspector General of the Intelligence Community—

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

25 conduct, supervise, and coordinate independently, the
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1 investigations, inspections, and audits relating to

2 matters within the responsibility and authority of the

3 Director of National Intelligence to ensure they are

4 conducted efficiently and in accordance with applica5 ble law and regulations;

6 ‘‘(2) to keep the Director of National Intelligence

7 fully and currently informed concerning violations of

8 law and regulations, violations of civil liberties and

9 privacy, and fraud and other serious problems,

10 abuses, and deficiencies that may occur in matters

11 within the responsibility and authority of the Direc12 tor, and to report the progress made in implementing

13 corrective action;

14 ‘‘(3) to take due regard for the protection of in15 telligence sources and methods in the preparation of

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

17 the extent consistent with the purpose and objective of

18 such reports, take such measures as may be appro19 priate to minimize the disclosure of intelligence

20 sources and methods described in such reports; and

21 ‘‘(4) in the execution of the duties and respon22 sibilities under this section, to comply with generally

23 accepted government auditing standards.

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

25 of National Intelligence may prohibit the Inspector General
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1 of the Intelligence Community from initiating, carrying

2 out, or completing any investigation, inspection, or audit

3 if the Director determines that such prohibition is necessary

4 to protect vital national security interests of the United

5 States.

6 ‘‘(2) If the Director exercises the authority under para7 graph (1), the Director shall submit an appropriately clas8 sified statement of the reasons for the exercise of such au9 thority within 7 days to the congressional intelligence com10 mittees.

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

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

13 to the extent consistent with the protection of intelligence

14 sources and methods, provide the Inspector General with a

15 copy of such report.

16 ‘‘(4) The Inspector General may submit to the congres17 sional intelligence committees any comments on a report

18 of which the Inspector General has notice under paragraph

19 (3) that the Inspector General considers appropriate.

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

21 Intelligence Community shall have direct and prompt ac22 cess to the Director of National Intelligence when necessary

23 for any purpose pertaining to the performance of the duties

24 of the Inspector General.
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1 ‘‘(2)(A) The Inspector General shall have access to any

2 employee, or any employee of a contractor, of any element

3 of the intelligence community whose testimony is needed for

4 the performance of the duties of the Inspector General.

5 ‘‘(B) The Inspector General shall have direct access to

6 all records, reports, audits, reviews, documents, papers, rec7 ommendations, or other material which relate to the pro8 grams and operations with respect to which the Inspector

9 General has responsibilities under this section.

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

11 of information shall not, in and of itself, provide a suffi12 cient rationale for denying the Inspector General access to

13 any materials under subparagraph (B).

14 ‘‘(D) Failure on the part of any employee, or any em15 ployee of a contractor, of any element of the intelligence

16 community to cooperate with the Inspector General shall

17 be grounds for appropriate administrative actions by the

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

19 appropriate officials of the intelligence community, includ20 ing loss of employment or the termination of an existing

21 contractual relationship.

22 ‘‘(3) The Inspector General is authorized to receive and

23 investigate complaints or information from any person con24 cerning the existence of an activity constituting a violation

25 of laws, rules, or regulations, or mismanagement, gross
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1 waste of funds, abuse of authority, or a substantial and spe2 cific danger to the public health and safety. Once such com3 plaint or information has been received from an employee

4 of the Federal Government—

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

6 identity of the employee without the consent of the

7 employee, unless the Inspector General determines

8 that such disclosure is unavoidable during the course

9 of the investigation or the disclosure is made to an of10 ficial of the Department of Justice responsible for de11 termining whether a prosecution should be under12 taken; and

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

14 of reprisal, for making such complaint may be taken

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

16 unless the complaint was made or the information

17 was disclosed with the knowledge that it was false or

18 with willful disregard for its truth or falsity.

19 ‘‘(4) The Inspector General shall have authority to ad20 minister to or take from any person an oath, affirmation,

21 or affidavit, whenever necessary in the performance of the

22 duties of the Inspector General, which oath, affirmation, or

23 affidavit when administered or taken by or before an em24 ployee of the Office of the Inspector General of the Intel25 ligence Community designated by the Inspector General
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1 shall have the same force and effect as if administered or

2 taken by or before an officer having a seal.

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

4 Inspector General is authorized to require by subpoena the

5 production of all information, documents, reports, answers,

6 records, accounts, papers, and other data and documentary

7 evidence necessary in the performance of the duties and re8 sponsibilities of the Inspector General.

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

10 elements of the United States Government, the Inspector

11 General shall obtain information, documents, reports, an12 swers, records, accounts, papers, and other data and evi13 dence for the purpose specified in subparagraph (A) using

14 procedures other than by subpoenas.

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

16 for or on behalf of any other element of the intelligence com17 munity, including the Office of the Director of National In18 telligence.

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

20 subpoena issued under this paragraph, the subpoena shall

21 be enforceable by order of any appropriate district court

22 of the United States.

23 ‘‘(g) COORDINATION AMONG INSPECTORS GENERAL OF

24 INTELLIGENCE COMMUNITY.—(1)(A) In the event of a mat25 ter within the jurisdiction of the Inspector General of the
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1 Intelligence Community that may be subject to an inves2 tigation, inspection, or audit by both the Inspector General

3 of the Intelligence Community and an Inspector General,

4 whether statutory or administrative, with oversight respon5 sibility for an element or elements of the intelligence com6 munity, the Inspector General of the Intelligence Commu7 nity and such other Inspector or Inspectors General shall

8 expeditiously resolve the question of which Inspector Gen9 eral shall conduct such investigation, inspection, or audit.

10 ‘‘(B) In attempting to resolve a question under sub11 paragraph (A), the Inspectors General concerned may re12 quest the assistance of the Intelligence Community Inspec13 tors General Forum established under subparagraph (C). In

14 the event of a dispute between an Inspector General within

15 a department of the United States Government and the In16 spector General of the Intelligence Community that has not

17 been resolved with the assistance of the Forum, the Inspec18 tors General shall submit the question to the Director of

19 National Intelligence and the head of the department for

20 resolution.

21 ‘‘(C) There is established the Intelligence Community

22 Inspectors General Forum which shall consist of all statu23 tory or administrative Inspectors General with oversight re24 sponsibility for an element or elements of the intelligence

25 community. The Inspector General of the Intelligence Com-
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1 munity shall serve as the chair of the Forum. The Forum

2 shall have no administrative authority over any Inspector

3 General, but shall serve as a mechanism for informing its

4 members of the work of individual members of the Forum

5 that may be of common interest and discussing questions

6 about jurisdiction or access to employees, employees of a

7 contractor, records, audits, reviews, documents, rec8 ommendations, or other materials that may involve or be

9 of assistance to more than one of its members.

10 ‘‘(2) The Inspector General conducting an investiga11 tion, inspection, or audit covered by paragraph (1) shall

12 submit the results of such investigation, inspection, or audit

13 to any other Inspector General, including the Inspector

14 General of the Intelligence Community, with jurisdiction to

15 conduct such investigation, inspection, or audit who did not

16 conduct such investigation, inspection, or audit.

17 ‘‘(h) STAFF AND OTHER SUPPORT.—(1) The Inspector

18 General of the Intelligence Community shall be provided

19 with appropriate and adequate office space at central and

20 field office locations, together with such equipment, office

21 supplies, maintenance services, and communications facili22 ties and services as may be necessary for the operation of

23 such offices.

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

25 the Director of National Intelligence, the Inspector General
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1 shall select, appoint, and employ such officers and employ2 ees as may be necessary to carry out the functions of the

3 Inspector General. The Inspector General shall ensure that

4 any officer or employee so selected, appointed, or employed

5 has security clearances appropriate for the assigned duties

6 of such officer or employee.

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

8 the Inspector General shall ensure that such officers and

9 employees have the requisite training and experience to en10 able the Inspector General to carry out the duties of the

11 Inspector General effectively.

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

13 the Inspector General shall create within the Office of the

14 Inspector General of the Intelligence Community a career

15 cadre of sufficient size to provide appropriate continuity

16 and objectivity needed for the effective performance of the

17 duties of the Inspector General.

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

19 Inspector General may request such information or assist20 ance as may be necessary for carrying out the duties and

21 responsibilities of the Inspector General from any depart22 ment, agency, or other element of the United States Govern23 ment.

24 ‘‘(B) Upon request of the Inspector General for infor25 mation or assistance under subparagraph (A), the head of
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1 the department, agency, or element concerned shall, insofar

2 as is practicable and not in contravention of any existing

3 statutory restriction or regulation of the department, agen4 cy, or element, furnish to the Inspector General, or to an

5 authorized designee, such information or assistance.

6 ‘‘(C) The Inspector General of the Intelligence Commu7 nity may, upon reasonable notice to the head of any element

8 of the intelligence community, conduct, as authorized by

9 this section, an investigation, inspection, or audit of such

10 element and may enter into any place occupied by such

11 element for purposes of the performance of the duties of the

12 Inspector General.

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

14 Intelligence Community shall, not later than January 31

15 and July 31 of each year, prepare and submit to the Direc16 tor of National Intelligence a classified, and, as appro17 priate, unclassified semiannual report summarizing the ac18 tivities of the Office of the Inspector General of the Intel19 ligence Community during the immediately preceding 6-

20 month periods ending December 31 (of the preceding year)

21 and June 30, respectively. The Inspector General of the In22 telligence Community shall provide any portion of the re23 port involving a component of a department of the United

24 States Government to the head of that department simulta-
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1 neously with submission of the report to the Director of Na2 tional Intelligence.

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

4 at a minimum, the following:

5 ‘‘(i) A list of the title or subject of each investiga6 tion, inspection, or audit conducted during the period

7 covered by such report, including a summary of the

8 progress of each particular investigation, inspection,

9 or audit since the preceding report of the Inspector

10 General under this paragraph.

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

12 abuses, and deficiencies relating to the administration

13 and implementation of programs and operations of

14 the intelligence community, and in the relationships

15 between elements of the intelligence community, iden16 tified by the Inspector General during the period cov17 ered by such report.

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

19 corrective or disciplinary action made by the Inspec20 tor General during the period covered by such report

21 with respect to significant problems, abuses, or defi22 ciencies identified in clause (ii).

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

24 disciplinary action has been completed on each sig25 nificant recommendation described in previous semi-
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1 annual reports, and, in a case where corrective action

2 has been completed, a description of such corrective

3 action.

4 ‘‘(v) A certification whether or not the Inspector

5 General has had full and direct access to all informa6 tion relevant to the performance of the functions of

7 the Inspector General.

8 ‘‘(vi) A description of the exercise of the sub9 poena authority under subsection (f)(5) by the Inspec10 tor General during the period covered by such report.

11 ‘‘(vii) Such recommendations as the Inspector

12 General considers appropriate for legislation to pro13 mote economy, efficiency, and effectiveness in the ad14 ministration and implementation of matters within

15 the responsibility and authority of the Director of Na16 tional Intelligence, and to detect and eliminate fraud

17 and abuse in such matters.

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

19 of a report under subparagraph (A), the Director shall

20 transmit the report to the congressional intelligence com21 mittees together with any comments the Director considers

22 appropriate. The Director shall transmit to the committees

23 of the Senate and of the House of Representatives with ju24 risdiction over a department of the United States Govern25 ment any portion of the report involving a component of
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1 such department simultaneously with submission of the re2 port to the congressional intelligence committees.

3 ‘‘(2)(A) The Inspector General shall report imme4 diately to the Director whenever the Inspector General be5 comes aware of particularly serious or flagrant problems,

6 abuses, or deficiencies relating to matters within the respon7 sibility and authority of the Director of National Intel8 ligence.

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

10 intelligence committees each report under subparagraph (A)

11 within seven calendar days of receipt of such report, to12 gether with such comments as the Director considers appro13 priate. The Director shall transmit to the committees of the

14 Senate and of the House of Representatives with jurisdic15 tion over a department of the United States Government

16 any portion of each report under subparagraph (A) that

17 involves a problem, abuse, or deficiency related to a compo18 nent of such department simultaneously with transmission

19 of the report to the congressional intelligence committees.

20 ‘‘(3) In the event that—

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

22 any differences with the Director affecting the execu23 tion of the duties or responsibilities of the Inspector

24 General;
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1 ‘‘(B) an investigation, inspection, or audit car2 ried out by the Inspector General focuses on any cur3 rent or former intelligence community official who—

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

5 of the intelligence community that is subject to

6 appointment by the President, whether or not by

7 and with the advice and consent of the Senate,

8 including such a position held on an acting

9 basis;

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

11 of the intelligence community, including a posi12 tion held on an acting basis, that is appointed

13 by the Director of National Intelligence; or

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

15 element of the intelligence community or a posi16 tion covered by subsection (b) or (c) of section

17 106;

18 ‘‘(C) a matter requires a report by the Inspector

19 General to the Department of Justice on possible

20 criminal conduct by a current or former official de21 scribed in subparagraph (B);

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

23 the Department of Justice declining or approving

24 prosecution of possible criminal conduct of any cur-
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1 rent or former official described in subparagraph (B);

2 or

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

4 possible alternatives, is unable to obtain significant

5 documentary information in the course of an inves6 tigation, inspection, or audit,

7 the Inspector General shall immediately notify and submit

8 a report on such matter to the congressional intelligence

9 committees.

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

11 the congressional intelligence committees any report or

12 findings and recommendations of an investigation, inspec13 tion, or audit conducted by the office which has been re14 quested by the Chairman or Vice Chairman or Ranking Mi15 nority Member of either committee.

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

17 community, an employee assigned or detailed to an element

18 of the intelligence community, or an employee of a con19 tractor to the intelligence community who intends to report

20 to Congress a complaint or information with respect to an

21 urgent concern may report such complaint or information

22 to the Inspector General.

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

24 period beginning on the date of receipt from an employee

25 of a complaint or information under subparagraph (A), the
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1 Inspector General shall determine whether the complaint or

2 information appears credible. Upon making such a deter3 mination, the Inspector General shall transmit to the Direc4 tor a notice of that determination, together with the com5 plaint or information.

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

7 General under subparagraph (B), the Director shall, within

8 seven calendar days of such receipt, forward such trans9 mittal to the congressional intelligence committees, together

10 with any comments the Director considers appropriate.

11 ‘‘(D)(i) If the Inspector General does not find credible

12 under subparagraph (B) a complaint or information sub13 mitted under subparagraph (A), or does not transmit the

14 complaint or information to the Director in accurate form

15 under subparagraph (B), the employee (subject to clause

16 (ii)) may submit the complaint or information to Congress

17 by contacting either or both of the congressional intelligence

18 committees directly.

19 ‘‘(ii) An employee may contact the intelligence com20 mittees directly as described in clause (i) only if the

21 employee—

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

23 the Director, through the Inspector General, a state24 ment of the employee’s complaint or information and
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1 notice of the employee’s intent to contact the congres2 sional intelligence committees directly; and

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

4 through the Inspector General, direction on how to

5 contact the intelligence committees in accordance with

6 appropriate security practices.

7 ‘‘(iii) A member or employee of one of the congressional

8 intelligence committees who receives a complaint or infor9 mation under clause (i) does so in that member or employ10 ee’s official capacity as a member or employee of such com11 mittee.

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

13 who reports a complaint or information to the Inspector

14 General under this paragraph of each action taken under

15 this paragraph with respect to the complaint or informa16 tion. Such notice shall be provided not later than 3 days

17 after any such action is taken.

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

19 General under this paragraph shall not be subject to judi20 cial review.

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

22 means any of the following:

23 ‘‘(i) A serious or flagrant problem, abuse, viola24 tion of law or Executive order, or deficiency relating

25 to the funding, administration, or operation of an in-
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1 telligence activity involving classified information,

2 but does not include differences of opinions con3 cerning public policy matters.

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

5 withholding from Congress, on an issue of material

6 fact relating to the funding, administration, or oper7 ation of an intelligence activity.

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

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

10 States Code, constituting reprisal or threat of reprisal

11 prohibited under subsection (f)(3)(B) of this section in

12 response to an employee’s reporting an urgent concern

13 in accordance with this paragraph.

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

15 findings set forth in paragraphs (1) through (6) of section

16 701(b) of the Intelligence Community Whistleblower Protec17 tion Act of 1998 (title VII of Public Law 105–272; 5 U.S.C.

18 App. 8H note).

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

20 States Code, the Inspector General shall report to the Attor21 ney General any information, allegation, or complaint re22 ceived by the Inspector General relating to violations of

23 Federal criminal law that involves a program or operation

24 of an element of the intelligence community, or in the rela25 tionships between the elements of the intelligence commu-
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1 nity, consistent with such guidelines as may be issued by

2 the Attorney General pursuant to subsection (b)(2) of such

3 section. A copy of each such report shall be furnished to

4 the Director.

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

6 National Intelligence shall, in accordance with procedures

7 to be issued by the Director in consultation with the con8 gressional intelligence committees, include in the National

9 Intelligence Program budget a separate account for the Of10 fice of Inspector General of the Intelligence Community.

11 ‘‘(k) CONSTRUCTION OF DUTIES REGARDING ELE12 MENTS OF INTELLIGENCE COMMUNITY.—Except as resolved

13 pursuant to subsection (g), the performance by the Inspector

14 General of the Intelligence Community of any duty, respon15 sibility, or function regarding an element of the intelligence

16 community shall not be construed to modify or effect the

17 duties and responsibilities of any other Inspector General,

18 whether statutory or administrative, having duties and re19 sponsibilities relating to such element.’’.

20 (2) CLERICAL AMENDMENT.—The table of con21 tents in the first section of the National Security Act

22 of 1947, as amended by section 409 of this Act, is fur23 ther amended by inserting after the item relating to

24 section 103H the following new item:

‘‘Sec. 103I. Inspector General of the Intelligence Community.’’.
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1 (b) REPEAL OF SUPERSEDED AUTHORITY TO ESTAB2 LISH POSITION.—Section 8K of the Inspector General Act

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

4 (c) EXECUTIVE SCHEDULE LEVEL IV.—Section 5314

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

6 the end the following new item:

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

9 SEC. 411. LEADERSHIP AND LOCATION OF CERTAIN OF10 FICES AND OFFICIALS.

11 (a) NATIONAL COUNTER PROLIFERATION CENTER.—

12 Section 119A(a) of the National Security Act of 1947 (50

13 U.S.C. 404o–1(a)) is amended—

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

15 than 18 months after the date of the enactment of the

16 National Security Intelligence Reform Act of 2004,

17 the’’ and inserting the following:

18 ‘‘(a) IN GENERAL.—

19 ‘‘(1) ESTABLISHMENT.—The’’; and

20 (2) by adding at the end the following new para21 graphs:

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

25 be appointed by the Director of National Intelligence.
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1 ‘‘(3) LOCATION.—The National Counter Pro2 liferation Center shall be located within the Office of

3 the Director of National Intelligence.’’.

4 (b) OFFICERS.—Section 103(c) of that Act (50 U.S.C.

5 403–3(c)) is amended—

6 (1) by redesignating paragraph (9) as para7 graph (13); and

8 (2) by inserting after paragraph (8) the fol9 lowing new paragraphs:

10 ‘‘(9) The Chief Information Officer of the Intel11 ligence Community.

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

13 Community.

14 ‘‘(11) The Director of the National

15 Counterterrorism Center.

16 ‘‘(12) The Director of the National Counter Pro17 liferation Center.’’.

18 SEC. 412. NATIONAL SPACE INTELLIGENCE OFFICE.

19 (a) ESTABLISHMENT.—

20 (1) IN GENERAL.—Title I of the National Secu21 rity Act of 1947 (50 U.S.C. 401 et seq.) is amended

22 by adding at the end the following new section:

23 ‘‘NATIONAL SPACE INTELLIGENCE OFFICE

24 ‘‘SEC. 119C. (a) ESTABLISHMENT.—There is estab25 lished within the Office of the Director of National Intel26 ligence a National Space Intelligence Office.
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1 ‘‘(b) DIRECTOR OF NATIONAL SPACE INTELLIGENCE

2 OFFICE.—The National Intelligence Officer for Science and

3 Technology, or a successor position designated by the Direc4 tor of National Intelligence, shall act as the Director of the

5 National Space Intelligence Office.

6 ‘‘(c) MISSIONS.—The National Space Intelligence Of7 fice shall have the following missions:

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

9 for the management of space-related intelligence as10 sets.

11 ‘‘(2) To prioritize collection activities consistent

12 with the National Intelligence Collection Priorities

13 framework, or a successor framework or other docu14 ment designated by the Director of National Intel15 ligence.

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

17 designed to ensure a sufficient cadre of government

18 and nongovernment personnel in fields relating to

19 space intelligence, including programs to support edu20 cation, recruitment, hiring, training, and retention of

21 qualified personnel.

22 ‘‘(4) To evaluate independent analytic assess23 ments of threats to classified United States space in24 telligence systems throughout all phases of the develop25 ment, acquisition, and operation of such systems.
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1 ‘‘(d) ACCESS TO INFORMATION.—The Director of Na2 tional Intelligence shall ensure that the National Space In3 telligence Office has access to all national intelligence infor4 mation (as appropriate), and such other information (as

5 appropriate and practical), necessary for the Office to carry

6 out the missions of the Office under subsection (c).

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

8 National Intelligence shall include in the National Intel9 ligence Program budget a separate line item for the Na10 tional Space Intelligence Office.’’.

11 (2) CLERICAL AMENDMENT.—The table of con12 tents in the first section of the National Security Act

13 of 1947 is amended by inserting after the item relat14 ing to section 119B the following new item:

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

15 (b) REPORT ON ORGANIZATION OF OFFICE.—

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

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

18 Director of the National Space Intelligence Office

19 shall submit to the Select Committee on Intelligence

20 of the Senate and the Permanent Select Committee on

21 Intelligence of the House of Representatives a report

22 on the organizational structure of the National Space

23 Intelligence Office established by section 119C of the

24 National Security Act of 1947 (as added by sub25 section (a)).
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1 (2) ELEMENTS.—The report required by para2 graph (1) shall include the following:

3 (A) The proposed organizational structure

4 of the National Space Intelligence Office.

5 (B) An identification of key participants in

6 the Office.

7 (C) A strategic plan for the Office during

8 the five-year period beginning on the date of the

9 report.

10 SEC. 413. OPERATIONAL FILES IN THE OFFICE OF THE DI11 RECTOR OF NATIONAL INTELLIGENCE.

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

13 Act of 1947 (50 U.S.C. 431 et seq.) is amended by adding

14 at the end the following new section:

15 ‘‘PROTECTION OF CERTAIN FILES OF THE OFFICE OF THE

16 DIRECTOR OF NATIONAL INTELLIGENCE

17 ‘‘SEC. 706. (a) RECORDS FROM EXEMPTED OPER18 ATIONAL FILES.—(1) Any record disseminated or otherwise

19 provided to an element of the Office of the Director of Na20 tional Intelligence from the exempted operational files of

21 elements of the intelligence community designated in ac22 cordance with this title, and any operational files created

23 by the Office of the Director of National Intelligence that

24 incorporate such record in accordance with subparagraph

25 (A)(ii), shall be exempted from the provisions of section 552

26 of title 5, United States Code that require search, review,
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1 publication or disclosure in connection therewith, in any

2 instance in which—

3 ‘‘(A)(i) such record is shared within the Office of

4 the Director of National Intelligence and not dissemi5 nated by that Office beyond that Office; or

6 ‘‘(ii) such record is incorporated into new

7 records created by personnel of the Office of the Direc8 tor of National Intelligence and maintained in oper9 ational files of the Office of the Director of National

10 Intelligence and such record is not disseminated by

11 that Office beyond that Office; and

12 ‘‘(B) the operational files from which such record

13 has been obtained continue to remain designated as

14 operational files exempted from section 552 of title 5,

15 United States Code.

16 ‘‘(2) The operational files of the Office of the Director

17 of National Intelligence referred to in paragraph (1)(A)(ii)

18 shall be similar in nature to the originating operational

19 files from which the record was disseminated or provided,

20 as such files are defined in this title.

21 ‘‘(3) Records disseminated or otherwise provided to the

22 Office of the Director of National Intelligence from other

23 elements of the intelligence community that are not pro24 tected by paragraph (1), and that are authorized to be dis25 seminated beyond the Office of the Director of National In-
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1 telligence, shall remain subject to search and review under

2 section 552 of title 5, United States Code, but may continue

3 to be exempted from the publication and disclosure provi4 sions of that section by the originating agency to the extent

5 that such section permits.

6 ‘‘(4) Notwithstanding any other provision of this title,

7 records in the exempted operational files of the Central In8 telligence Agency, the National Geospatial-Intelligence

9 Agency, the National Reconnaissance Office, the National

10 Security Agency, or the Defense Intelligence Agency shall

11 not be subject to the search and review provisions of section

12 552 of title 5, United States Code, solely because they have

13 been disseminated to an element or elements of the Office

14 of the Director of National Intelligence, or referenced in

15 operational files of the Office of the Director of National

16 Intelligence and that are not disseminated beyond the Office

17 of the Director of National Intelligence.

18 ‘‘(5) Notwithstanding any other provision of this title,

19 the incorporation of records from the operational files of

20 the Central Intelligence Agency, the National Geospatial21 Intelligence Agency, the National Reconnaissance Office, the

22 National Security Agency, or the Defense Intelligence Agen23 cy, into operational files of the Office of the Director of Na24 tional Intelligence shall not subject that record or the oper25 ational files of the Central Intelligence Agency, the National
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1 Geospatial-Intelligence Agency, the National Reconnais2 sance Office, the National Security Agency or the Defense

3 Intelligence Agency to the search and review provisions of

4 section 552 of title 5, United States Code.

5 ‘‘(b) OTHER RECORDS.—(1) Files in the Office of the

6 Director of National Intelligence that are not exempted

7 under subsection (a) of this section which contain informa8 tion derived or disseminated from exempted operational

9 files shall be subject to search and review under section 552

10 of title 5, United States Code.

11 ‘‘(2) The inclusion of information from exempted oper12 ational files in files of the Office of the Director of National

13 Intelligence that are not exempted under subsection (a) shall

14 not affect the exemption of the originating operational files

15 from search, review, publication, or disclosure.

16 ‘‘(3) Records from exempted operational files of the Of17 fice of the Director of National Intelligence which have been

18 disseminated to and referenced in files that are not exempt19 ed under subsection (a), and which have been returned to

20 exempted operational files of the Office of the Director of

21 National Intelligence for sole retention, shall be subject to

22 search and review.

23 ‘‘(c) SEARCH AND REVIEW FOR CERTAIN PURPOSES.—

24 Notwithstanding subsection (a), exempted operational files
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1 shall continue to be subject to search and review for infor2 mation concerning any of the following:

3 ‘‘(1) United States citizens or aliens lawfully ad4 mitted for permanent residence who have requested

5 information on themselves pursuant to the provisions

6 of section 552 or 552a of title 5, United States Code.

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

8 is not exempt from disclosure under the provisions of

9 section 552 of title 5, United States Code.

10 ‘‘(3) The specific subject matter of an investiga11 tion by any of the following for any impropriety, or

12 violation of law, Executive order, or Presidential di13 rective, in the conduct of an intelligence activity:

14 ‘‘(A) The Select Committee on Intelligence

15 of the Senate.

16 ‘‘(B) The Permanent Select Committee on

17 Intelligence of the House of Representatives.

18 ‘‘(C) The Intelligence Oversight Board.

19 ‘‘(D) The Department of Justice.

20 ‘‘(E) The Office of the Director of National

21 Intelligence.

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

23 the Intelligence Community.

24 ‘‘(d) DECENNIAL REVIEW OF EXEMPTED OPER25 ATIONAL FILES.—(1) Not less than once every 10 years, the
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1 Director of National Intelligence shall review the oper2 ational files exempted under subsection (a) to determine

3 whether such files, or any portion of such files, may be re4 moved from the category of exempted files.

5 ‘‘(2) The review required by paragraph (1) shall in6 clude consideration of the historical value or other public

7 interest in the subject matter of the particular category of

8 files or portions thereof and the potential for declassifying

9 a significant part of the information contained therein.

10 ‘‘(3) A complainant that alleges that Director of Na11 tional Intelligence has improperly withheld records because

12 of failure to comply with this subsection may seek judicial

13 review in the district court of the United States of the dis14 trict in which any of the parties reside, or in the District

15 of Columbia. In such a proceeding, the court’s review shall

16 be limited to determining the following:

17 ‘‘(A) Whether the Director has conducted the re18 view required by paragraph (1) before the expiration

19 of the 10-year period beginning on the date of the en20 actment of the Intelligence Authorization Act for Fis21 cal Year 2008 or before the expiration of the 10-year

22 period beginning on the date of the most recent re23 view.
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1 ‘‘(B) Whether the Director of National Intel2 ligence, in fact, considered the criteria set forth in

3 paragraph (2) in conducting the required review.

4 ‘‘(e) SUPERSEDURE OF OTHER LAWS.—The provisions

5 of this section may not be superseded except by a provision

6 of law that is enacted after the date of the enactment of

7 this section and that specifically cites and repeals or modi8 fies such provisions.

9 ‘‘(f) APPLICABILITY.—The Director of National Intel10 ligence will publish a regulation listing the specific elements

11 within the Office of the Director of National Intelligence

12 whose records can be exempted from search and review

13 under this section.

14 ‘‘(g) ALLEGATION; IMPROPER WITHHOLDING OF

15 RECORDS; JUDICIAL REVIEW.—(1) Except as provided in

16 paragraph (2), whenever any person who has requested

17 agency records under section 552 of title 5, United States

18 Code, alleges that the Office of the Director of National In19 telligence has withheld records improperly because of failure

20 to comply with any provision of this section, judicial review

21 shall be available under the terms set forth in section

22 552(a)(4)(B) of title 5, United States Code.

23 ‘‘(2) Judicial review shall not be available in the man24 ner provided for under paragraph (1) as follows:
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1 ‘‘(A) In any case in which information specifi2 cally authorized under criteria established by an Ex3 ecutive order to be kept secret in the interests of na4 tional defense or foreign relations is filed with, or

5 produced for, the court by the Office of the Director

6 of National Intelligence, such information shall be ex7 amined ex parte, in camera by the court.

8 ‘‘(B) The court shall determine, to the fullest ex9 tent practicable, the issues of fact based on sworn

10 written submissions of the parties.

11 ‘‘(C) When a complainant alleges that requested

12 records are improperly withheld because of improper

13 placement solely in exempted operational files, the

14 complainant shall support such allegation with a

15 sworn written submission based upon personal knowl16 edge or otherwise admissible evidence.

17 ‘‘(D)(i) When a complainant alleges that re18 quested records were improperly withheld because of

19 improper exemption of operational files, the Office of

20 the Director of National Intelligence shall meet its

21 burden under section 552(a)(4)(B) of title 5, United

22 States Code, by demonstrating to the court by sworn

23 written submission that exempted operational files

24 likely to contain responsive records currently meet the

25 criteria set forth in subsection.
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1 ‘‘(ii) The court may not order the Office of the

2 Director of National Intelligence to review the content

3 of any exempted operational file or files in order to

4 make the demonstration required under clause (i), un5 less the complainant disputes the Office’s showing

6 with a sworn written submission based on personal

7 knowledge or otherwise admissible evidence.

8 ‘‘(E) In proceedings under subparagraphs (C)

9 and (D), the parties may not obtain discovery pursu10 ant to rules 26 through 36 of the Federal Rules of

11 Civil Procedure, except that requests for admissions

12 may be made pursuant to rules 26 and 36.

13 ‘‘(F) If the court finds under this subsection that

14 the Office of the Director of National Intelligence has

15 improperly withheld requested records because of fail16 ure to comply with any provision of this section, the

17 court shall order the Office to search and review the

18 appropriate exempted operational file or files for the

19 requested records and make such records, or portions

20 thereof, available in accordance with the provisions of

21 section 552 of title 5, United States Code, and such

22 order shall be the exclusive remedy for failure to com23 ply with this section.

24 ‘‘(G) If at any time following the filing of a com25 plaint pursuant to this paragraph the Office of the
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1 Director of National Intelligence agrees to search the

2 appropriate exempted operational file or files for the

3 requested records, the court shall dismiss the claim

4 based upon such complaint.’’.

5 (b) CLERICAL AMENDMENT.—The table of contents in

6 the first section of the National Security Act of 1947 is

7 amended by inserting after the item relating to section 705

8 the following new item:

‘‘Sec. 706. Operational files in the Office of the Director of National Intelligence.’’.

9 SEC. 414. REPEAL OF CERTAIN AUTHORITIES RELATING TO

10 THE OFFICE OF THE NATIONAL COUNTER-IN11 TELLIGENCE EXECUTIVE.

12 (a) REPEAL OF CERTAIN AUTHORITIES.—Section 904

13 of the Counterintelligence Enhancement Act of 2002 (title

14 IX of Public Law 107–306; 50 U.S.C. 402c) is amended—

15 (1) by striking subsections (d), (h), (i), and (j);

16 and

17 (2) by redesignating subsections (e), (f), (g), (k),

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

19 (i), respectively; and

20 (3) in subsection (f), as redesignated by para21 graph (2), by striking paragraphs (3) and (4).

22 (b) CONFORMING AMENDMENTS.—That section is fur23 ther amended—
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1 (1) in subsection (d), as redesignated by sub2 section (a)(2) of this section, by striking ‘‘subsection

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

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

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

6 (A) in paragraph (1), by striking ‘‘sub7 section (e)(1)’’ and inserting ‘‘subsection (d)(1)’’;

8 and

9 (B) in paragraph (2), by striking ‘‘sub10 section (e)(2)’’ and inserting ‘‘subsection (d)(2)’’.

11 SEC. 415. INAPPLICABILITY OF FEDERAL ADVISORY COM12 MITTEE ACT TO ADVISORY COMMITTEES OF

13 THE OFFICE OF THE DIRECTOR OF NATIONAL

14 INTELLIGENCE.

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

16 (5 U.S.C. App.) is amended—

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

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

19 inserting ‘‘; or’’; and

20 (3) by adding at the end the following new para21 graph:

22 ‘‘(3) the Office of the Director of National Intel23 ligence.’’.
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1 SEC. 416. MEMBERSHIP OF THE DIRECTOR OF NATIONAL

2 INTELLIGENCE ON THE TRANSPORTATION

3 SECURITY OVERSIGHT BOARD.

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

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

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

7 or the Director’s designee.’’.

8 SEC. 417. APPLICABILITY OF THE PRIVACY ACT TO THE DI9 RECTOR OF NATIONAL INTELLIGENCE AND

10 THE OFFICE OF THE DIRECTOR OF NATIONAL

11 INTELLIGENCE.

12 Subsection (j) of section 552a of title 5, United States

13 Code, is amended—

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

15 end;

16 (2) by redesignating paragraph (2) as para17 graph (3); and

18 (3) by inserting after paragraph (1) the fol19 lowing new paragraph:

20 ‘‘(2) maintained by the Office of the Director of

21 National Intelligence; or’’.
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1 Subtitle B—Central Intelligence

2 Agency

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

5 (a) ESTABLISHMENT OF POSITION OF DEPUTY DIREC6 TOR OF CENTRAL INTELLIGENCE AGENCY.—Subsection (a)

7 of section 104A of the National Security Act of 1947 (50

8 U.S.C. 403–4a) is amended—

9 (1) by redesignating subsections (b), (c), (d), (e),

10 (f), and (g) as subsections (d), (e), (f), (g), (h), and

11 (i) respectively; and

12 (2) by inserting after subsection (a) the following

13 new subsections (b) and (c):

14 ‘‘(b) DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE

15 AGENCY.—(1) There is a Deputy Director of the Central

16 Intelligence Agency who shall be appointed by the Presi17 dent, by and with the advice and consent of the Senate.

18 ‘‘(2) The Deputy Director of the Central Intelligence

19 Agency shall assist the Director of the Central Intelligence

20 Agency in carrying out the duties and responsibilities of

21 the Director.

22 ‘‘(3) The Deputy Director of the Central Intelligence

23 Agency shall act for, and exercise the powers of, the Director

24 of the Central Intelligence Agency during the absence or dis25 ability of the Director of the Central Intelligence Agency
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1 or during a vacancy in the position of Director of the Cen2 tral Intelligence Agency.

3 ‘‘(c) MILITARY STATUS OF DIRECTOR OF THE CEN4 TRAL INTELLIGENCE AGENCY AND DEPUTY DIRECTOR OF

5 CENTRAL INTELLIGENCE AGENCY.—(1) Not more than one

6 of the individuals serving in the positions specified in sub7 section (a) and (b) may be a commissioned officer of the

8 Armed Forces in active status.

9 ‘‘(2) A commissioned officer of the Armed Forces who

10 is serving as the Director or Deputy Director of the Central

11 Intelligence Agency or is engaged in administrative per12 formance of the duties of Director or Deputy Director of

13 the Central Intelligence Agency shall not, while continuing

14 in such service, or in the administrative performance of

15 such duties—

16 ‘‘(A) be subject to supervision or control by the

17 Secretary of Defense or by any officer or employee of

18 the Department of Defense; or

19 ‘‘(B) exercise, by reason of the officer’s status as

20 a commissioned officer, any supervision or control

21 with respect to any of the military or civilian per22 sonnel of the Department of Defense except as other23 wise authorized by law.

24 ‘‘(3) Except as provided in subparagraph (A) or (B)

25 of paragraph (2), the service, or the administrative per-
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1 formance of duties, described in that paragraph by an offi2 cer described in that paragraph shall not affect the status,

3 position, rank, or grade of such officer in the Armed Forces,

4 or any emolument, perquisite, right, privilege, or benefit in5 cident to or arising out of such status, position, rank, or

6 grade.

7 ‘‘(4) A commissioned officer described in paragraph

8 (2), while serving, or continuing in the administrative per9 formance of duties, as described in that paragraph and

10 while remaining on active duty, shall continue to receive

11 military pay and allowances. Funds from which such pay

12 and allowances are paid shall be reimbursed from funds

13 available to the Director of the Central Intelligence Agen14 cy.’’.

15 (b) CONFORMING AMENDMENT.—Paragraph (2) of sub16 section (e) of such section, as redesignated by subsection

17 (a)(1) of this section, is further amended by striking ‘‘sub18 section (d)’’ and inserting ‘‘subsection (f)’’.

19 (c) EXECUTIVE SCHEDULE LEVEL III.—Section 5314

20 of title 5, United States Code, is amended by adding at

21 the end the following new item:

22 ‘‘Deputy Director of the Central Intelligence

23 Agency.’’.

24 (d) ROLE OF DNI IN APPOINTMENT.—Section

25 106(b)(2) of the National Security Act of 1947 (50 U.S.C.
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1 403–6(b)(2)) is amended by adding at the end the following

2 new subparagraph:

3 ‘‘(J) The Deputy Director of the Central Intel4 ligence Agency.’’.

5 (e) EFFECTIVE DATE AND APPLICABILITY.—The

6 amendments made by this section shall take effect on the

7 date of the enactment of this Act and shall apply upon the

8 earlier of—

9 (1) the date of the nomination by the President

10 of an individual to serve as Deputy Director of the

11 Central Intelligence Agency, except that the indi12 vidual administratively performing the duties of the

13 Deputy Director of the Central Intelligence Agency as

14 of the date of the enactment of this Act may continue

15 to perform such duties after such date of nomination

16 and until the individual appointed to the position of

17 Deputy Director of the Central Intelligence Agency,

18 by and with the advice and consent of the Senate, as19 sumes the duties of such position; or

20 (2) the date of the cessation of the performance

21 of the duties of Deputy Director of the Central Intel22 ligence Agency by the individual administratively

23 performing such duties as of the date of the enactment

24 of this Act.
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1 SEC. 422. INAPPLICABILITY TO DIRECTOR OF THE CENTRAL

2 INTELLIGENCE AGENCY OF REQUIREMENT

3 FOR ANNUAL REPORT ON PROGRESS IN

4 AUDITABLE FINANCIAL STATEMENTS.

5 Section 114A of the National Security Act of 1947 (50

6 U.S.C. 404i–1) is amended by striking ‘‘the Director of the

7 Central Intelligence Agency,’’.

8 SEC. 423. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR

9 PROTECTIVE PERSONNEL OF THE CENTRAL

10 INTELLIGENCE AGENCY.

11 Section 5(a)(4) of the Central Intelligence Agency Act

12 of 1949 (50 U.S.C. 403f(a)(4)) is amended—

13 (1) by inserting ‘‘(A)’’ after ‘‘(4)’’;

14 (2) in subparagraph (A), as so designated—

15 (A) by striking ‘‘and the protection’’ and

16 inserting ‘‘the protection’’; and

17 (B) by striking the semicolon and inserting

18 ‘‘, and the protection of the Director of National

19 Intelligence and such personnel of the Office of

20 the Director of National Intelligence as the Di21 rector of National Intelligence may designate;

22 and’’; and

23 (3) by adding at the end the following new sub24 paragraph:

25 ‘‘(B) Authorize personnel engaged in the per26 formance of protective functions authorized pursuant
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1 to subparagraph (A), when engaged in the perform2 ance of such functions, to make arrests without war3 rant for any offense against the United States com4 mitted in the presence of such personnel, or for any

5 felony cognizable under the laws of the United States,

6 if such personnel have reasonable grounds to believe

7 that the person to be arrested has committed or is

8 committing such felony, except that any authority

9 pursuant to this subparagraph may be exercised only

10 in accordance with guidelines approved by the Direc11 tor and the Attorney General and such personnel may

12 not exercise any authority for the service of civil proc13 ess or for the investigation of criminal offenses;’’.

14 SEC. 424. TECHNICAL AMENDMENTS RELATING TO TITLES

15 OF CERTAIN CENTRAL INTELLIGENCE AGEN16 CY POSITIONS.

17 Section 17(d)(3)(B)(ii) of the Central Intelligence

18 Agency Act of 1949 (50 U.S.C. 403q(d)(3)(B)(ii)) is

19 amended—

20 (1) in subclause (I), by striking ‘‘Executive Di21 rector’’ and inserting ‘‘Associate Deputy Director’’;

22 (2) in subclause (II), by striking ‘‘Deputy Direc23 tor for Operations’’ and inserting ‘‘Director of the

24 National Clandestine Service’’; and
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1 (3) in subclause (IV), by striking ‘‘Deputy Direc2 tor for Administration’’ and inserting ‘‘Director for

3 Support’’.

4 SEC. 425. DIRECTOR OF NATIONAL INTELLIGENCE REPORT

5 ON RETIREMENT BENEFITS FOR FORMER EM6 PLOYEES OF AIR AMERICA.

7 (a) IN GENERAL.—Not later than 120 days after the

8 date of the enactment of this Act, the Director of National

9 Intelligence shall submit to Congress a report on the advis10 ability of providing Federal retirement benefits to United

11 States citizens for the service of such individuals before 1977

12 as employees of Air America or an associated company

13 while such company was owned or controlled by the United

14 States Government and operated or managed by the Central

15 Intelligence Agency.

16 (b) REPORT ELEMENTS.—(1) The report required by

17 subsection (a) shall include the following:

18 (A) The history of Air America and associated

19 companies before 1977, including a description of—

20 (i) the relationship between such companies

21 and the Central Intelligence Agency and other

22 elements of the United States Government;

23 (ii) the workforce of such companies;
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1 (iii) the missions performed by such compa2 nies and their employees for the United States;

3 and

4 (iv) the casualties suffered by employees of

5 such companies in the course of their employ6 ment with such companies.

7 (B) A description of the retirement benefits con8 tracted for or promised to the employees of such com9 panies before 1977, the contributions made by such

10 employees for such benefits, the retirement benefits ac11 tually paid such employees, the entitlement of such

12 employees to the payment of future retirement bene13 fits, and the likelihood that former employees of such

14 companies will receive any future retirement benefits.

15 (C) An assessment of the difference between—

16 (i) the retirement benefits that former em17 ployees of such companies have received or will

18 receive by virtue of their employment with such

19 companies; and

20 (ii) the retirement benefits that such em21 ployees would have received and in the future re22 ceive if such employees had been, or would now

23 be, treated as employees of the United States

24 whose services while in the employ of such com25 panies had been or would now be credited as
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1 Federal service for the purpose of Federal retire2 ment benefits.

3 (D) Any recommendations regarding the advis4 ability of legislative action to treat employment at

5 such companies as Federal service for the purpose of

6 Federal retirement benefits in light of the relationship

7 between such companies and the United States Gov8 ernment and the services and sacrifices of such em9 ployees to and for the United States, and if legislative

10 action is considered advisable, a proposal for such ac11 tion and an assessment of its costs.

12 (2) The Director of National Intelligence shall include

13 in the report any views of the Director of the Central Intel14 ligence Agency on the matters covered by the report that

15 the Director of the Central Intelligence Agency considers ap16 propriate.

17 (c) ASSISTANCE OF COMPTROLLER GENERAL.—The

18 Comptroller General of the United States shall, upon the

19 request of the Director of National Intelligence and in a

20 manner consistent with the protection of classified informa21 tion, assist the Director in the preparation of the report

22 required by subsection (a).

23 (d) FORM.—The report required by subsection (a) shall

24 be submitted in unclassified form, but may include a classi25 fied annex.
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1 (e) DEFINITIONS.—In this section:

2 (1) The term ‘‘Air America’’ means Air America,

3 Incorporated.

4 (2) The term ‘‘associated company’’ means any

5 company associated with or subsidiary to Air Amer6 ica, including Air Asia Company Limited and the

7 Pacific Division of Southern Air Transport, Incor8 porated.

9 Subtitle C—Defense Intelligence

10 Components

11 SEC. 431. ENHANCEMENTS OF NATIONAL SECURITY AGEN12 CY TRAINING PROGRAM.

13 (a) TERMINATION OF EMPLOYEES.—Subsection

14 (d)(1)(C) of section 16 of the National Security Agency Act

15 of 1959 (50 U.S.C. 402 note) is amended by striking ‘‘termi16 nated either by’’ and all that follows and inserting

17 ‘‘terminated—

18 ‘‘(i) by the Agency due to misconduct by the

19 employee;

20 ‘‘(ii) by the employee voluntarily; or

21 ‘‘(iii) by the Agency for the failure of the

22 employee to maintain such level of academic

23 standing in the educational course of training as

24 the Director of the National Security Agency
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1 shall have specified in the agreement of the em2 ployee under this subsection; and’’.

3 (b) AUTHORITY TO WITHHOLD DISCLOSURE OF AF4 FILIATION WITH NSA.—Subsection (e) of such section is

5 amended by striking ‘‘(1) When an employee’’ and all that

6 follows through ‘‘(2) Agency efforts’’ and inserting ‘‘Agency

7 efforts’’.

8 SEC. 432. CODIFICATION OF AUTHORITIES OF NATIONAL

9 SECURITY AGENCY PROTECTIVE PERSONNEL.

10 The National Security Agency Act of 1959 (50 U.S.C.

11 402 note) is amended by adding at the end the following

12 new section:

13 ‘‘SEC. 21. (a) The Director is authorized to designate

14 personnel of the Agency to perform protective functions for

15 the Director and for any personnel of the Agency designated

16 by the Director.

17 ‘‘(b)(1) In the performance of protective functions

18 under this section, personnel of the Agency designated to

19 perform protective functions pursuant to subsection (a) are

20 authorized, when engaged in the performance of such func21 tions, to make arrests without a warrant for—

22 ‘‘(A) any offense against the United States com23 mitted in the presence of such personnel; or

24 ‘‘(B) any felony cognizable under the laws of the

25 United States if such personnel have reasonable
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1 grounds to believe that the person to be arrested has

2 committed or is committing such felony.

3 ‘‘(2) The authority in paragraph (1) may be exercised

4 only in accordance with guidelines approved by the Direc5 tor and the Attorney General.

6 ‘‘(3) Personnel of the Agency designated to perform

7 protective functions pursuant to subsection (a) shall not ex8 ercise any authority for the service of civil process or the

9 investigation of criminal offenses.

10 ‘‘(c) Nothing in this section shall be construed to im11 pair or otherwise affect any authority under any other pro12 vision of law relating to the performance of protective func13 tions.’’.

14 SEC. 433. INSPECTOR GENERAL MATTERS.

15 (a) COVERAGE UNDER INSPECTOR GENERAL ACT OF

16 1978.—Subsection (a)(2) of section 8G of the Inspector Gen17 eral Act of 1978 (5 U.S.C. App. 8G) is amended—

18 (1) by inserting ‘‘the Defense Intelligence Agen19 cy,’’ after ‘‘the Corporation for Public Broadcasting,’’;

20 (2) by inserting ‘‘the National Geospatial-Intel21 ligence Agency,’’ after ‘‘the National Endowment for

22 the Arts,’’; and

23 (3) by inserting ‘‘the National Reconnaissance

24 Office, the National Security Agency,’’ after ‘‘the Na25 tional Labor Relations Board,’’.
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1 (b) CERTAIN DESIGNATIONS UNDER INSPECTOR GEN2 ERAL ACT OF 1978.—Subsection (a) of section 8H of the

3 Inspector General Act of 1978 (5 U.S.C. App. 8H) is

4 amended by adding at the end the following new paragraph:

5 ‘‘(3) The Inspectors General of the Defense Intelligence

6 Agency, the National Geospatial-Intelligence Agency, the

7 National Reconnaissance Office, and the National Security

8 Agency shall be designees of the Inspector General of the

9 Department of Defense for purposes of this section.’’.

10 (c) POWER OF HEADS OF ELEMENTS OVER INVES11 TIGATIONS.—Subsection (d) of section 8G of that Act—

12 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’;

13 (2) in the second sentence of paragraph (1), as

14 designated by paragraph (1) of this subsection, by

15 striking ‘‘The head’’ and inserting ‘‘Except as pro16 vided in paragraph (2), the head’’; and

17 (3) by adding at the end the following new para18 graph:

19 ‘‘(2)(A) The Director of National Intelligence or the

20 Secretary of Defense may prohibit the Inspector General of

21 an element of the intelligence community specified in sub22 paragraph (D) from initiating, carrying out, or completing

23 any audit or investigation if the Director or the Secretary,

24 as the case may be, determines that the prohibition is nec-
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1 essary to protect vital national security interests of the

2 United States.

3 ‘‘(B) If the Director or the Secretary exercises the au4 thority under subparagraph (A), the Director or the Sec5 retary, as the case may be, shall submit to the committees

6 of Congress specified in subparagraph (E) an appropriately

7 classified statement of the reasons for the exercise of the au8 thority not later than seven days after the exercise of the

9 authority.

10 ‘‘(C) At the same time the Director or the Secretary

11 submits under subparagraph (B) a statement on the exercise

12 of the authority in subparagraph (A) to the committees of

13 Congress specified in subparagraph (E), the Director or the

14 Secretary, as the case may be, shall notify the Inspector

15 General of such element of the submittal of such statement

16 and, to the extent consistent with the protection of intel17 ligence sources and methods, provide the Inspector General

18 with a copy of such statement. The Inspector General may

19 submit to such committees of Congress any comments on

20 a notice or statement received by the Inspector General

21 under this subparagraph that the Inspector General con22 siders appropriate.

23 ‘‘(D) The elements of the intelligence community speci24 fied in this subparagraph are as follows:

25 ‘‘(i) The Defense Intelligence Agency.
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1 ‘‘(ii) The National Geospatial-Intelligence Agen2 cy.

3 ‘‘(iii) The National Reconnaissance Office.

4 ‘‘(iv) The National Security Agency.

5 ‘‘(E) The committees of Congress specified in this sub6 paragraph are—

7 ‘‘(i) the Committee on Armed Services and the

8 Select Committee on Intelligence of the Senate; and

9 ‘‘(ii) the Committee on Armed Services and the

10 Permanent Select Committee on Intelligence of the

11 House of Representatives.’’.

12 SEC. 434. CONFIRMATION OF APPOINTMENT OF HEADS OF

13 CERTAIN COMPONENTS OF THE INTEL14 LIGENCE COMMUNITY.

15 (a) DIRECTOR OF NATIONAL SECURITY AGENCY.—The

16 National Security Agency Act of 1959 (50 U.S.C. 402 note)

17 is amended by inserting after the first section the following

18 new section:

19 ‘‘SEC. 2. (a) There is a Director of the National Secu20 rity Agency.

21 ‘‘(b) The Director of the National Security Agency

22 shall be appointed by the President, by and with the advice

23 and consent of the Senate.

24 ‘‘(c) The Director of the National Security Agency

25 shall be the head of the National Security Agency and shall
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1 discharge such functions and duties as are provided by this

2 Act or otherwise by law.’’.

3 (b) DIRECTOR OF NATIONAL GEOSPATIAL-INTEL4 LIGENCE AGENCY.—Section 441(b) of title 10, United

5 States Code, is amended—

6 (1) by redesignating paragraphs (2) and (3) as

7 paragraphs (3) and (4), respectively; and

8 (2) by inserting after paragraph (1) the fol9 lowing new paragraph (2):

10 ‘‘(2) The Director of the National Geospatial Intel11 ligence Agency shall be appointed by the President, by and

12 with the advice and consent of the Senate.’’.

13 (c) DIRECTOR OF NATIONAL RECONNAISSANCE OF14 FICE.—The Director of the National Reconnaissance Office

15 shall be appointed by the President, by and with the advice

16 and consent of the Senate.

17 (d) POSITIONS OF IMPORTANCE AND RESPONSI18 BILITY.—

19 (1) DESIGNATION OF POSITIONS.—The President

20 may designate any of the positions referred to in

21 paragraph (2) as positions of importance and respon22 sibility under section 601 of title 10, United States

23 Code.

24 (2) COVERED POSITIONS.—The positions referred

25 to in this paragraph are as follows:
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1 (A) The Director of the National Security

2 Agency.

3 (B) The Director of the National

4 Geospatial-Intelligence Agency.

5 (C) The Director of the National Reconnais6 sance Office.

7 (e) EFFECTIVE DATE AND APPLICABILITY.—

8 (1) IN GENERAL.—The amendments made by

9 subsections (a) and (b), and subsection (c), shall take

10 effect on the date of the enactment of this Act and

11 shall apply upon the earlier of—

12 (A) the date of the nomination by the Presi13 dent of an individual to serve in the position

14 concerned, except that the individual serving in

15 such position as of the date of the enactment of

16 this Act may continue to perform such duties

17 after such date of nomination and until the indi18 vidual appointed to such position, by and with

19 the advice and consent of the Senate, assumes the

20 duties of such position; or

21 (B) the date of the cessation of the perform22 ance of the duties of such position by the indi23 vidual performing such duties as of the date of

24 the enactment of this Act.
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1 (2) POSITIONS OF IMPORTANCE AND RESPONSI2 BILITY.—Subsection (d) shall take effect on the date

3 of the enactment of this Act.

4 SEC. 435. CLARIFICATION OF NATIONAL SECURITY MIS5 SIONS OF NATIONAL GEOSPATIAL-INTEL6 LIGENCE AGENCY FOR ANALYSIS AND DIS7 SEMINATION OF CERTAIN INTELLIGENCE IN8 FORMATION.

9 Section 442(a) of title 10, United States Code, is

10 amended—

11 (1) by redesignating paragraph (2) as para12 graph (3);

13 (2) by inserting after paragraph (1) the fol14 lowing new paragraph (2):

15 ‘‘(2)(A) As directed by the Director of National Intel16 ligence, the National Geospatial-Intelligence Agency shall

17 also develop a system to facilitate the analysis, dissemina18 tion, and incorporation of likenesses, videos, and presen19 tations produced by ground-based platforms, including

20 handheld or clandestine photography taken by or on behalf

21 of human intelligence collection organizations or available

22 as open-source information, into the National System for

23 Geospatial Intelligence.

24 ‘‘(B) The authority provided by this paragraph does

25 not include the authority to manage or direct the tasking
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1 of, set requirements and priorities for, set technical require2 ments related to, or modify any classification or dissemina3 tion limitations related to the collection of, handheld or

4 clandestine photography taken by or on behalf of human

5 intelligence collection organizations.’’; and

6 (3) in paragraph (3), as so redesignated, by

7 striking ‘‘paragraph (1)’’ and inserting ‘‘paragraphs

8 (1) and (2)’’.

9 SEC. 436. SECURITY CLEARANCES IN THE NATIONAL

10 GEOSPATIAL-INTELLIGENCE AGENCY.

11 The Secretary of Defense shall, during the period be12 ginning on the date of the enactment of this Act and ending

13 on December 31, 2008, delegate to the Director of the Na14 tional Geospatial-Intelligence Agency personnel security

15 authority with respect to the National Geospatial-Intel16 ligence Agency (including authority relating to the use of

17 contractor personnel in investigations and adjudications for

18 security clearances) that is identical to the personnel secu19 rity authority of the Director of the National Security

20 Agency with respect to the National Security Agency.
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1 Subtitle D—Other Elements

2 SEC. 441. CLARIFICATION OF INCLUSION OF COAST GUARD

3 AND DRUG ENFORCEMENT ADMINISTRATION

4 AS ELEMENTS OF THE INTELLIGENCE COM5 MUNITY.

6 Section 3(4) of the National Security Act of 1947 (50

7 U.S.C. 401a(4)) is amended—

8 (1) in subparagraph (H)—

9 (A) by inserting ‘‘the Coast Guard,’’ after

10 ‘‘the Marine Corps,’’; and

11 (B) by inserting ‘‘the Drug Enforcement

12 Administration,’’ after ‘‘the Federal Bureau of

13 Investigation,’’; and

14 (2) in subparagraph (K), by striking ‘‘, includ15 ing the Office of Intelligence of the Coast Guard’’.

16 SEC. 442. CLARIFYING AMENDMENTS RELATING TO SEC17 TION 105 OF THE INTELLIGENCE AUTHORIZA18 TION ACT FOR FISCAL YEAR 2004.

19 Section 105(b) of the Intelligence Authorization Act for

20 Fiscal Year 2004 (Public Law 108–177; 117 Stat. 2603;

21 31 U.S.C. 311 note) is amended—

22 (1) by striking ‘‘Director of Central Intelligence’’

23 and inserting ‘‘Director of National Intelligence’’; and

24 (2) by inserting ‘‘or in section 313 of such title,’’

25 after ‘‘subsection (a)),’’.
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1 TITLE V—OTHER MATTERS

2 SEC. 501. TECHNICAL AMENDMENTS TO THE NATIONAL SE3 CURITY ACT OF 1947.

4 The National Security Act of 1947 (50 U.S.C. 401 et

5 seq.) is amended as follows:

6 (1) In section 102A (50 U.S.C. 403–1)—

7 (A) in subsection (c)(7)(A), by striking ‘‘sec8 tion’’ and inserting ‘‘subsection’’;

9 (B) in subsection (d)—

10 (i) in paragraph (3), by striking ‘‘sub11 paragraph (A)’’ in the matter preceding

12 subparagraph (A) and inserting ‘‘para13 graph (1)(A)’’;

14 (ii) in paragraph (5)(A), by striking

15 ‘‘or personnel’’ in the matter preceding

16 clause (i); and

17 (iii) in paragraph (5)(B), by striking

18 ‘‘or agency involved’’ in the second sentence

19 and inserting ‘‘involved or the Director of

20 the Central Intelligence Agency (in the case

21 of the Central Intelligence Agency)’’;

22 (C) in subsection (l)(2)(B), by striking ‘‘sec23 tion’’ and inserting ‘‘paragraph’’; and

24 (D) in subsection (n), by inserting ‘‘AND

25 OTHER’’ after ‘‘ACQUISITION’’.
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1 (2) In section 119(c)(2)(B) (50 U.S.C.

2 404o(c)(2)(B)), by striking ‘‘subsection (h)’’ and in3 serting ‘‘subsection (i)’’.

4 (3) In section 705(e)(2)(D)(i) (50 U.S.C.

5 432c(e)(2)(D)(i)), by striking ‘‘responsible’’ and in6 serting ‘‘responsive’’.

7 SEC. 502. TECHNICAL CLARIFICATION OF CERTAIN REF8 ERENCES TO JOINT MILITARY INTELLIGENCE

9 PROGRAM AND TACTICAL INTELLIGENCE AND

10 RELATED ACTIVITIES.

11 Section 102A of the National Security Act of 1947 (50

12 U.S.C. 403–1) is amended—

13 (1) in subsection (c)(3)(A), by striking ‘‘annual

14 budgets for the Joint Military Intelligence Program

15 and for Tactical Intelligence and Related Activities’’

16 and inserting ‘‘annual budget for the Military Intel17 ligence Program or any successor program or pro18 grams’’; and

19 (2) in subsection (d)(1)(B), by striking ‘‘Joint

20 Military Intelligence Program’’ and inserting ‘‘Mili21 tary Intelligence Program or any successor program

22 or programs’’.
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1 SEC. 503. TECHNICAL AMENDMENTS TO THE INTELLIGENCE

2 REFORM AND TERRORISM PREVENTION ACT

3 OF 2004.

4 (a) AMENDMENTS TO NATIONAL SECURITY INTEL5 LIGENCE REFORM ACT OF 2004.—The National Security

6 Intelligence Reform Act of 2004 (title I of Public Law 108–

7 458) is further amended as follows:

8 (1) In section 1016(e)(10)(B) (6 U.S.C.

9 458(e)(10)(B)), by striking ‘‘Attorney General’’ the

10 second place it appears and inserting ‘‘Department of

11 Justice’’.

12 (2) In section 1061 (5 U.S.C. 601 note)—

13 (A) in subsection (d)(4)(A), by striking

14 ‘‘National Intelligence Director’’ and inserting

15 ‘‘Director of National Intelligence’’; and

16 (B) in subsection (h), by striking ‘‘National

17 Intelligence Director’’ and inserting ‘‘Director of

18 National Intelligence’’.

19 (3) In section 1071(e), by striking ‘‘(1)’’.

20 (4) In section 1072(b), by inserting ‘‘AGENCY’’

21 after ‘‘INTELLIGENCE’’.

22 (b) OTHER AMENDMENTS TO INTELLIGENCE REFORM

23 AND TERRORISM PREVENTION ACT OF 2004.—The Intel24 ligence Reform and Terrorism Prevention Act of 2004 (Pub25 lic Law 108–458) is amended as follows:

26 (1) In section 2001 (28 U.S.C. 532 note)—
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1 (A) in subsection (c)(1), by inserting ‘‘of’’

2 before ‘‘an institutional culture’’;

3 (B) in subsection (e)(2), by striking ‘‘the

4 National Intelligence Director in a manner con5 sistent with section 112(e)’’ and inserting ‘‘the

6 Director of National Intelligence in a manner

7 consistent with applicable law’’; and

8 (C) in subsection (f), by striking ‘‘shall,’’ in

9 the matter preceding paragraph (1) and insert10 ing ‘‘shall’’.

11 (2) In section 2006 (28 U.S.C. 509 note)—

12 (A) in paragraph (2), by striking ‘‘the Fed13 eral’’ and inserting ‘‘Federal’’; and

14 (B) in paragraph (3), by striking ‘‘the spe15 cific’’ and inserting ‘‘specific’’.

16 SEC. 504. TECHNICAL AMENDMENTS TO TITLE 10, UNITED

17 STATES CODE, ARISING FROM ENACTMENT

18 OF THE INTELLIGENCE REFORM AND TER19 RORISM PREVENTION ACT OF 2004.

20 (a) REFERENCES TO HEAD OF INTELLIGENCE COMMU21 NITY.—Title 10, United States Code, is amended by striking

22 ‘‘Director of Central Intelligence’’ each place it appears in

23 a provision as follows and inserting ‘‘Director of National

24 Intelligence’’:

25 (1) Section 193(d)(2).
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1 (2) Section 193(e).

2 (3) Section 201(a).

3 (4) Section 201(b)(1).

4 (5) Section 201(c)(1).

5 (6) Section 425(a).

6 (7) Section 431(b)(1).

7 (8) Section 441(c).

8 (9) Section 441(d).

9 (10) Section 443(d).

10 (11) Section 2273(b)(1).

11 (12) Section 2723(a).

12 (b) CLERICAL AMENDMENTS.—Such title is further

13 amended by striking ‘‘DIRECTOR OF CENTRAL INTEL14 LIGENCE’’ each place it appears in a provision as follows

15 and inserting ‘‘DIRECTOR OF NATIONAL INTELLIGENCE’’:

16 (1) Section 441(c).

17 (2) Section 443(d).

18 (c) REFERENCE TO HEAD OF CENTRAL INTELLIGENCE

19 AGENCY.—Section 444 of such title is amended by striking

20 ‘‘Director of Central Intelligence’’ each place it appears and

21 inserting ‘‘Director of the Central Intelligence Agency’’.

22 SEC. 505. TECHNICAL AMENDMENT TO THE CENTRAL IN23 TELLIGENCE AGENCY ACT OF 1949.

24 Section 5(a)(1) of the Central Intelligence Agency Act

25 of 1949 (50 U.S.C. 403f(a)(1)) is amended by striking ‘‘au-
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1 thorized under paragraphs (2) and (3) of section 102(a),

2 subsections (c)(7) and (d) of section 103, subsections (a) and

3 (g) of section 104, and section 303 of the National Security

4 Act of 1947 (50 U.S.C. 403(a)(2), (3), 403–3(c)(7), (d),

5 403–4(a), (g), and 405)’’ and inserting ‘‘authorized under

6 section 104A of the National Security Act of 1947 (50

7 U.S.C. 403–4a).’’.

8 SEC. 506. TECHNICAL AMENDMENTS RELATING TO THE

9 MULTIYEAR NATIONAL INTELLIGENCE PRO10 GRAM.

11 (a) IN GENERAL.—Subsection (a) of section 1403 of

12 the National Defense Authorization Act for Fiscal Year

13 1991 (50 U.S.C. 404b) is amended—

14 (1) in the subsection caption, by striking ‘‘FOR15 EIGN’’; and

16 (2) by striking ‘‘foreign’’ each place it appears.

17 (b) RESPONSIBILITY OF DNI.—That section is further

18 amended—

19 (1) in subsections (a) and (c), by striking ‘‘Di20 rector of Central Intelligence’’ and inserting ‘‘Director

21 of National Intelligence’’; and

22 (2) in subsection (b), by inserting ‘‘of National

23 Intelligence’’ after ‘‘Director’’.

24 (c) CONFORMING AMENDMENT.—The heading of that

25 section is amended to read as follows:
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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 in8 serting the following new item:

9 ‘‘Director of the Central Intelligence Agency.’’.

10 (b) EXECUTIVE SCHEDULE LEVEL III.—Section 5314

11 of title 5, United States Code, is amended by striking the

12 item relating to the Deputy Directors of Central Intel13 ligence.

14 (c) EXECUTIVE SCHEDULE LEVEL IV.—Section 5315

15 of title 5, United States Code, is amended by striking the

16 item relating to the General Counsel of the Office of the

17 National Intelligence Director and inserting the following

18 new item:

19 ‘‘General Counsel of the Office of the Director of

20 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 Im-
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1 agery and Mapping Agency’’ each place it appears in a

2 provision as follows and inserting ‘‘National Geospatial-In3 telligence 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 by

13 striking ‘‘National Imagery and Mapping Agency, the Di14 rector of the National Imagery and Mapping Agency’’ and

15 inserting ‘‘National Geospatial-Intelligence Agency, the Di16 rector of the National Geospatial-Intelligence Agency’’.

17 (b) TITLE 44, UNITED STATES CODE.—(1)(A) Section

18 1336 of title 44, United States Code, is amended by striking

19 ‘‘National Imagery and Mapping Agency’’ both places it

20 appears and inserting ‘‘National Geospatial-Intelligence

21 Agency’’.

22 (B) The heading of such section is amended to read

23 as follows:
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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 Im9 agery 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 Geospatial20 Intelligence Agency’’.

21 (f) OTHER ACTS.—

22 (1) Section 7(b)(2)(A)(i) of the Employee Poly23 graph Protection Act of 1988 (29 U.S.C.

24 2006(b)(2)(A)(i)) is amended by striking ‘‘National
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1 Imagery and Mapping Agency’’ and inserting ‘‘Na2 tional Geospatial-Intelligence Agency’’.

3 (2) Section 207(a)(2)(B) of the Legislative

4 Branch Appropriations Act, 1993 (44 U.S.C. 501

5 note) is amended by striking ‘‘National Imagery and

6 Mapping Agency’’ and inserting ‘‘National

7 Geospatial-Intelligence Agency’’.

8 SEC. 509. OTHER TECHNICAL AMENDMENTS RELATING TO

9 RESPONSIBILITY OF THE DIRECTOR OF NA10 TIONAL INTELLIGENCE AS HEAD OF THE IN11 TELLIGENCE COMMUNITY.

12 (a) IN GENERAL.—

13 (1) The Public Interest Declassification Act of

14 2000 (50 U.S.C. 435 note) is amended by striking

15 ‘‘Director of Central Intelligence’’ each place it ap16 pears in a provision as follows and inserting ‘‘Direc17 tor of National Intelligence’’:

18 (A) Section 704(c)(2)(B).

19 (B) Section 706(b)(2).

20 (C) Section 706(e)(2)(B).

21 (2) Section 705(c) of such Act is amended by

22 striking ‘‘the Director of Central Intelligence, as head

23 of the intelligence community,’’ and inserting ‘‘the

24 Director of National Intelligence’’.
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1 (b) CONFORMING AMENDMENT.—The heading of sec2 tion 705(c) of such Act is amended by striking ‘‘DIRECTOR

3 OF CENTRAL INTELLIGENCE’’ and inserting ‘‘DIRECTOR OF

4 NATIONAL INTELLIGENCE’’.

Attest:

Secretary.
110TH CONGRESS

1ST SESSION H. R. 2082

AMENDMENT