H. R. 2082 

One Hundred Tenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Thursday, 

the third day of January, two thousand and eight 

An Act 

To authorize appropriations for fiscal year 2008 for 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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

Authorization Act for Fiscal Year 2008’’. 

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

is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—BUDGET AND PERSONNEL AUTHORIZATIONS 

Sec. 101. Authorization of appropriations. 

Sec. 102. Classified Schedule of Authorizations. 

Sec. 103. Personnel ceiling adjustments. 

Sec. 104. Intelligence Community Management Account. 

Sec. 105. Specific authorization of funds within the National Intelligence Program 

for which fiscal year 2008 appropriations exceed amounts authorized. 

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 

DISABILITY SYSTEM 

Sec. 201. Authorization of appropriations. 

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

Intelligence Agency Retirement Act. 

TITLE III—GENERAL INTELLIGENCE COMMUNITY MATTERS 

Subtitle A—Personnel Matters 

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

Sec. 302. Enhanced flexibility in nonreimbursable details to elements of the intelligence community. 

Sec. 303. Multi-level security clearances. 

Sec. 304. Pay authority for critical positions. 

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

Sec. 306. Annual personnel level assessments for the intelligence community. 

Sec. 307. Comprehensive report on intelligence community contractors. 

Sec. 308. Report on proposed pay for performance intelligence community personnel 

management system. 

Sec. 309. Report on plans to increase diversity within the intelligence community. 

Subtitle B—Acquisition Matters 

Sec. 311. Vulnerability assessments of major systems. 

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

the intelligence community. 

Sec. 313. Reports on the acquisition of major systems. 
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Sec. 314. Excessive cost growth of major systems. 

Subtitle C—Other Matters 

Sec. 321. Restriction on conduct of intelligence activities. 

Sec. 322. Clarification of definition of intelligence community under the National 

Security Act of 1947. 

Sec. 323. Modification of availability of funds for different intelligence activities. 

Sec. 324. Protection of certain national security information. 

Sec. 325. Extension of authority to delete information about receipt and disposition 

of foreign gifts and decorations. 

Sec. 326. Report on compliance with the Detainee Treatment Act of 2005 and related provisions of the Military Commissions Act of 2006. 

Sec. 327. Limitation on interrogation techniques. 

Sec. 328. Limitation on use of funds. 

Sec. 329. Incorporation of reporting requirements. 

Sec. 330. 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. Clarification of limitation on colocation of the Office of the Director of National Intelligence. 

Sec. 402. Membership of the Director of National Intelligence on the Transportation Security Oversight Board. 

Sec. 403. Additional duties of the Director of Science and Technology. 

Sec. 404. Leadership and location of certain offices and officials. 

Sec. 405. Plan to implement recommendations of the data center energy efficiency 

reports. 

Sec. 406. Comprehensive listing of special access programs. 

Sec. 407. Reports on the nuclear programs of Iran and North Korea. 

Sec. 408. Requirements for accountability reviews by the Director of National Intelligence. 

Sec. 409. Modification of limitation on delegation by the Director of National Intelligence of the protection of intelligence sources and methods. 

Sec. 410. Authorities for intelligence information sharing. 

Sec. 411. Authorities of the Director of National Intelligence for interagency funding. 

Sec. 412. Title of Chief Information Officer of the Intelligence Community. 

Sec. 413. Inspector General of the Intelligence Community. 

Sec. 414. Annual report on foreign language proficiency in the intelligence community. 

Sec. 415. Director of National Intelligence report on retirement benefits for former 

employees of Air America. 

Sec. 416. Space intelligence. 

Sec. 417. Operational files in the Office of the Director of National Intelligence. 

Sec. 418. Inapplicability of Federal Advisory Committee Act to advisory committees 

of the Office of the Director of National Intelligence. 

Sec. 419. Applicability of the Privacy Act to the Director of National Intelligence 

and the Office of the Director of National Intelligence. 

Sec. 420. Repeal of certain authorities relating to the Office of the National Counterintelligence Executive. 

Subtitle B—Central Intelligence Agency 

Sec. 431. Review of covert action programs by Inspector General of the Central Intelligence Agency. 

Sec. 432. Inapplicability to Director of the Central Intelligence Agency of requirement for annual report on progress in auditable financial statements. 

Sec. 433. Additional functions and authorities for protective personnel of the Central Intelligence Agency. 

Sec. 434. Technical amendments relating to titles of certain Central Intelligence 

Agency positions. 

Sec. 435. Clarifying amendments relating to section 105 of the Intelligence Authorization Act for Fiscal Year 2004. 

Subtitle C—Defense Intelligence Components 

Sec. 441. Enhancement of National Security Agency training program. 

Sec. 442. Codification of authorities of National Security Agency protective personnel. 

Sec. 443. Inspector general matters. 

Sec. 444. Confirmation of appointment of heads of certain components of the intelligence community. 
H. R. 2082—3 

Sec. 445. Clarification of national security missions of National Geospatial-Intelligence Agency for analysis and dissemination of certain intelligence information. 

Sec. 446. Security clearances in the National Geospatial-Intelligence Agency. 

Subtitle D—Other Elements 

Sec. 451. Clarification of inclusion of Coast Guard and Drug Enforcement Administration as elements of the intelligence community. 

TITLE V—OTHER MATTERS 

Subtitle A—General Intelligence Matters 

Sec. 501. Extension of National Commission for the Review of the Research and 

Development Programs of the United States Intelligence Community. 

Sec. 502. Report on intelligence activities. 

Sec. 503. Aerial reconnaissance platforms. 

Subtitle B—Technical Amendments 

Sec. 511. Technical amendments to title 10, United States Code, arising from enactment of the Intelligence Reform and Terrorism Prevention Act of 

2004. 

Sec. 512. Technical amendment to the Central Intelligence Agency Act of 1949. 

Sec. 513. Technical amendments relating to the multiyear National Intelligence 

Program. 

Sec. 514. Technical clarification of certain references to Joint Military Intelligence 

Program and Tactical Intelligence and Related Activities. 

Sec. 515. Technical amendments to the National Security Act of 1947. 

Sec. 516. Technical amendments to the Intelligence Reform and Terrorism Prevention Act of 2004. 

Sec. 517. Technical amendments to the Executive Schedule. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.—The term 

‘‘congressional intelligence committees’’ means— 

(A) the Select Committee on Intelligence of the Senate; 

and 

(B) the Permanent Select Committee on Intelligence 

of the House of Representatives. 

(2) ELEMENT OF THE INTELLIGENCE COMMUNITY.—The term 

‘‘element of the intelligence community’’ means an element 

of the intelligence community listed in or designated under 

section 3(4) of the National Security Act of 1947 (50 U.S.C. 

401a(4)). 

(3) INTELLIGENCE COMMUNITY.—The term ‘‘intelligence 

community’’ has the meaning given that term in section 3(4) 

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

TITLE I—BUDGET AND PERSONNEL 

AUTHORIZATIONS 

SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

2008 for the conduct of the intelligence and intelligence-related 

activities of the following elements of the United States Government: 

(1) The Office of the Director of National Intelligence. 

(2) The Central Intelligence Agency. 

(3) The Department of Defense. 

(4) The Defense Intelligence Agency. 

(5) The National Security Agency. 
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(6) The Department of the Army, the Department of the 

Navy, and the Department of the Air Force. 

(7) The Coast Guard. 

(8) The Department of State. 

(9) The Department of the Treasury. 

(10) The Department of Energy. 

(11) The Department of Justice. 

(12) The Federal Bureau of Investigation. 

(13) The Drug Enforcement Administration. 

(14) The National Reconnaissance Office. 

(15) The National Geospatial-Intelligence Agency. 

(16) The Department of Homeland Security. 

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL LEVELS.— The amounts authorized to be appropriated under section 101 and, 

subject to section 103, the authorized personnel ceilings as of September 30, 2008, for the conduct of the intelligence activities of 

the elements listed in paragraphs (1) through (16) of section 101, 

are those specified in the classified Schedule of Authorizations 

prepared to accompany the conference report on the bill H.R. 2082 

of the One Hundred Tenth Congress. 

(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZA- TIONS.—The classified Schedule of Authorizations referred to in 

subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the 

House of Representatives, and to the President. The President 

shall provide for suitable distribution of the Schedule, or of appropriate portions of the Schedule, within the executive branch. 

SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 

(a) AUTHORITY FOR INCREASES.—With the approval of the 

Director of the Office of Management and Budget, the Director 

of National Intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal year 2008 

by the classified Schedule of Authorizations referred to in section 

102(a) if the Director of National Intelligence determines that such 

action is necessary to the performance of important intelligence 

functions, except that the number of personnel employed in excess 

of the number authorized under such section may not, for any 

element of the intelligence community, exceed 3 percent of the 

number of civilian personnel authorized under such Schedule for 

such element. 

(b) TRANSITION TO FULL-TIME EQUIVALENCY.— 

(1) TREATMENT FOR FISCAL YEAR 2008.—For fiscal year 2008, 

the Director of National Intelligence, in consultation with the 

head of each element of the intelligence community, may treat 

the personnel ceilings authorized under the classified Schedule 

of Authorizations referred to in section 102(a) as full-time 

equivalents. 

(2) CONSIDERATION.—In exercising the authority described 

in paragraph (1), the Director of National Intelligence may 

consider the circumstances under which civilian employees are 

employed and accounted for at each element of the intelligence 

community in— 

(A) a student program, trainee program, or similar 

program; 
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(B) reserve corps or equivalent status as a reemployed 

annuitant or other employee; 

(C) a joint duty rotational assignment; or 

(D) other full-time or part-time status. 

(3) NOTIFICATION TO CONGRESS.—Not later than 90 days 

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

National Intelligence shall notify the congressional intelligence 

committees in writing of— 

(A) the policies for implementing the authorities 

described in paragraphs (1) and (2); and 

(B) the number of all civilian personnel employed by, 

or anticipated to be employed by, each element of the 

intelligence community during fiscal year 2008 accounted 

for— 

(i) by position; 

(ii) by full-time equivalency; or 

(iii) by any other method. 

(4) TREATMENT FOR FISCAL YEAR 2009.—The Director of 

National Intelligence shall express the personnel levels for all 

civilian employees for each element of the intelligence community in the congressional budget justifications submitted for 

fiscal year 2009 as full-time equivalent positions. 

(c) AUTHORITY FOR CONVERSION OF ACTIVITIES PERFORMED BY

CONTRACTORS.—In addition to the authority in subsection (a), upon 

a determination by the head of an element of the intelligence 

community that activities currently being performed by contractor 

employees should be performed by government employees, the 

concurrence of the Director of National Intelligence in such determination, and the approval of the Director of the Office of Management and Budget, the Director of National Intelligence may 

authorize for that purpose employment of additional full-time 

equivalent personnel in such element of the intelligence community 

equal to the number that is— 

(1) in the case of personnel of Office of the Director of 

National Intelligence, not more than 5 percent of the number 

of such personnel authorized for fiscal year 2008 by the classified Schedule of Authorizations referred to in section 102(a); 

or 

(2) except as provided in paragraph (1), not more than 

10 percent of the number authorized for fiscal year 2008 by 

the classified Schedule of Authorizations referred to in section 

102(a). 

(d) NOTICE TO CONGRESSIONAL INTELLIGENCE COMMITTEES.— 

The Director of National Intelligence shall notify the congressional 

intelligence committees in writing at least 15 days prior to each 

exercise of an authority described in subsection (a) or (c). 

SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT. 

(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated for the Intelligence Community Management 

Account of the Director of National Intelligence for fiscal year 

2008 the sum of $734,126,000. Within such amount, funds identified 

in the classified Schedule of Authorizations referred to in section 

102(a) for advanced research and development shall remain available until September 30, 2009. 

(b) AUTHORIZED PERSONNEL LEVELS.—The elements within the 

Intelligence Community Management Account of the Director of 
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National Intelligence are authorized 952 full-time or full-time 

equivalent personnel as of September 30, 2008. Personnel serving 

in such elements may be permanent employees of the Office of 

the Director of National Intelligence or personnel detailed from 

other elements of the United States Government. 

(c) CONSTRUCTION OF AUTHORITIES.—The authorities available 

to the Director of National Intelligence under section 103 are also 

available to the Director for the adjustment of personnel levels 

within the Intelligence Community Management Account. 

(d) CLASSIFIED AUTHORIZATIONS.— 

(1) AUTHORIZATION OF APPROPRIATIONS.—In addition to 

amounts authorized to be appropriated for the Intelligence 

Community Management Account by subsection (a), there are 

authorized to be appropriated for the Community Management 

Account for fiscal year 2008 such additional amounts as are 

specified in the classified Schedule of Authorizations referred 

to in section 102(a). Such additional amounts for advanced 

research and development shall remain available until September 30, 2009. 

(2) AUTHORIZATION OF PERSONNEL.—In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30, 

2008, there are authorized such additional personnel for the 

Community Management Account as of that date as are specified in the classified Schedule of Authorizations referred to 

in section 102(a). 

(e) NATIONAL DRUG INTELLIGENCE CENTER.— 

(1) IN GENERAL.—Of the amount authorized to be appropriated in subsection (a), $39,000,000 shall be available for 

the National Drug Intelligence Center. Within such amount, 

funds provided for research, development, testing, and evaluation purposes shall remain available until September 30, 2009, 

and funds provided for procurement purposes shall remain 

available until September 30, 2010. 

(2) TRANSFER OF FUNDS.—The Director of National Intelligence shall transfer to the Attorney General funds available 

for the National Drug Intelligence Center under paragraph 

(1). The Attorney General shall utilize funds so transferred 

for the activities of the National Drug Intelligence Center. 

(3) LIMITATION.—Amounts available for the National Drug 

Intelligence Center may not be used for purposes of exercising 

police, subpoena, or law enforcement powers or internal security 

functions. 

(4) AUTHORITY.—Notwithstanding any other provision of 

law, the Attorney General shall retain full authority over the 

operations of the National Drug Intelligence Center. 

SEC. 105. SPECIFIC AUTHORIZATION OF FUNDS WITHIN THE NATIONAL 

INTELLIGENCE PROGRAM FOR WHICH FISCAL YEAR 2008 

APPROPRIATIONS EXCEED AMOUNTS AUTHORIZED. 

Funds appropriated for an intelligence or intelligence-related 

activity within the National Intelligence Program for fiscal year 

2008 in excess of the amount specified for such activity in the 

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

shall be deemed to be specifically authorized by Congress for purposes of section 504(a)(3) of the National Security Act of 1947 

(50 U.S.C. 414(a)(3)). 
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TITLE II—CENTRAL INTELLIGENCE 

AGENCY RETIREMENT AND DISABILITY SYSTEM 

SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2008 

the sum of $262,500,000. 

SEC. 202. TECHNICAL MODIFICATION TO MANDATORY RETIREMENT 

PROVISION OF THE CENTRAL INTELLIGENCE AGENCY 

RETIREMENT ACT. 

Subparagraph (A) of section 235(b)(1) of the Central Intelligence 

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

striking ‘‘receiving compensation under the Senior Intelligence 

Service pay schedule at the rate’’ and inserting ‘‘who is at the 

Senior Intelligence Service rank’’. 

TITLE III—GENERAL INTELLIGENCE 

COMMUNITY MATTERS 

Subtitle A—Personnel Matters 

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS 

AUTHORIZED BY LAW. 

Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased 

by such additional or supplemental amounts as may be necessary 

for increases in such compensation or benefits authorized by law. 

SEC. 302. ENHANCED FLEXIBILITY IN NONREIMBURSABLE DETAILS 

TO ELEMENTS OF THE INTELLIGENCE COMMUNITY. 

Except as provided in section 113 of the National Security 

Act of 1947 (50 U.S.C. 404h) and section 904(g)(2) of the Counterintelligence Enhancement Act of 2002 (title IX of Public Law 107– 

306; 50 U.S.C. 402c(g)(2)) and notwithstanding any other provision 

of law, in any fiscal year after fiscal year 2007 an officer or employee 

of the United States or member of the Armed Forces may be 

detailed to the staff of an element of the intelligence community 

funded through the Community Management Account from another 

element of the United States Government on a reimbursable or 

nonreimbursable basis, as jointly agreed to by the Director of 

National Intelligence and the head of the detailing element (or 

the designees of such officials), for a period not to exceed 2 years. 

SEC. 303. MULTI-LEVEL SECURITY CLEARANCES. 

(a) IN GENERAL.—Section 102A of the National Security Act 

of 1947 (50 U.S.C. 403–1) is amended by adding at the end the 

following new subsection: 

‘‘(s) MULTI-LEVEL SECURITY CLEARANCES.—The Director of 

National Intelligence shall be responsible for ensuring that the 

elements of the intelligence community adopt a multi-level security 

clearance approach in order to enable the intelligence community 

to make more effective and efficient use of persons proficient in 
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foreign languages or with cultural, linguistic, or other subject matter 

expertise that is critical to national security.’’. 

(b) IMPLEMENTATION.—The Director of National Intelligence 

shall issue guidelines to the intelligence community on the 

implementation of subsection (s) of section 102A of the National 

Security Act of 1947, as added by subsection (a), not later than 

180 days after the date of the enactment of this Act. 

SEC. 304. PAY AUTHORITY FOR CRITICAL POSITIONS. 

Section 102A of the National Security Act of 1947 (50 U.S.C. 

403–1), as amended by section 303 of this Act, is further amended 

by adding at the end the following new subsection: 

‘‘(t) PAY AUTHORITY FOR CRITICAL POSITIONS.—(1) Notwithstanding any pay limitation established under any other provision 

of law applicable to employees in elements of the intelligence 

community, the Director of National Intelligence may, in consultation with the Director of the Office of Personnel Management and 

the Director of the Office of Management and Budget, grant 

authority to fix the rate of basic pay for 1 or more positions 

within the intelligence community at a rate in excess of any 

applicable limitation, subject to the provisions of this subsection. 

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

head of the department or agency employing the individual in 

a position covered by such authority, subject to the provisions 

of this subsection and any conditions established by the Director 

of National Intelligence when granting such authority. 

‘‘(2) Authority under this subsection may be granted or exercised— 

‘‘(A) only with respect to a position which requires an 

extremely high level of expertise and is critical to successful 

accomplishment of an important mission; and 

‘‘(B) only to the extent necessary to recruit or retain an 

individual exceptionally well qualified for the position. 

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

at a rate greater than the rate payable for level II of the Executive 

Schedule under section 5312 of title 5, United States Code, except 

upon written approval of the Director of National Intelligence or 

as otherwise authorized by law. 

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

at a rate greater than the rate payable for level I of the Executive 

Schedule under section 5311 of title 5, United States Code, except 

upon written approval of the President in response to a request 

by the Director of National Intelligence or as otherwise authorized 

by law. 

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

shall terminate at the discretion of the Director of National Intelligence.’’. 

SEC. 305. DELEGATION OF AUTHORITY FOR TRAVEL ON COMMON CARRIERS FOR INTELLIGENCE COLLECTION PERSONNEL. 

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

Security Act of 1947 (50 U.S.C. 404k(b)) is amended— 

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

(2) in paragraph (1), as designated by paragraph (1) of 

this subsection, by striking ‘‘may only delegate’’ and all that 

follows and inserting ‘‘may delegate the authority in subsection 

(a) to the head of any other element of the intelligence community.’’; and 
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(3) by adding at the end the following new paragraph: 

‘‘(2) The head of an element of the intelligence community 

to whom the authority in subsection (a) is delegated pursuant 

to paragraph (1) may further delegate such authority to such senior 

officials of such element as are specified in guidelines prescribed 

by the Director of National Intelligence for purposes of this paragraph.’’. 

(b) SUBMISSION OF GUIDELINES TO CONGRESS.—Not later than 

6 months after the date of the enactment of this Act, the Director 

of National Intelligence shall prescribe and submit to the congressional intelligence committees the guidelines referred to in paragraph (2) of section 116(b) of the National Security Act of 1947, 

as added by subsection (a). 

SEC. 306. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE INTELLIGENCE COMMUNITY. 

(a) IN GENERAL.—Title V of the National Security Act of 1947 

(50 U.S.C. 413 et seq.) is amended by inserting after section 506A 

the following new section: 

‘‘SEC. 506B. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE 

INTELLIGENCE COMMUNITY. 

‘‘(a) REQUIREMENT TO PROVIDE.—The Director of National Intelligence shall, in consultation with the head of the element of the 

intelligence community concerned, prepare an annual personnel 

level assessment for such element of the intelligence community 

that assesses the personnel levels for each such element for the 

fiscal year following the fiscal year in which the assessment is 

submitted. 

‘‘(b) SCHEDULE.—Each assessment required by subsection (a) 

shall be submitted to the congressional intelligence committees 

each year along with the budget submitted by the President under 

section 1105 of title 31, United States Code. 

‘‘(c) CONTENTS.—Each assessment required by subsection (a) 

submitted during a fiscal year shall contain, at a minimum, the 

following information for the element of the intelligence community 

concerned: 

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

upcoming fiscal year. 

‘‘(2) The dollar and percentage increase or decrease of such 

costs as compared to the personnel costs of the current fiscal 

year. 

‘‘(3) The dollar and percentage increase or decrease of such 

costs as compared to the personnel costs during the prior 5 

fiscal years. 

‘‘(4) The number of personnel positions requested for the 

upcoming fiscal year. 

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

of such number as compared to the number of personnel positions of the current fiscal year. 

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

of such number as compared to the number of personnel positions during the prior 5 fiscal years. 

‘‘(7) The best estimate of the number and costs of contractors to be funded by the element for the upcoming fiscal year. 

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

of such costs of contractors as compared to the best estimate 

of the costs of contractors of the current fiscal year. 
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‘‘(9) The numerical and percentage increase or decrease 

of such costs of contractors as compared to the cost of contractors, and the number of contractors, during the prior 5 fiscal 

years. 

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

and contractor levels. 

‘‘(11) The number of intelligence collectors and analysts 

employed or contracted by each element of the intelligence 

community. 

‘‘(12) A list of all contractors that have been the subject 

of an investigation completed by the Inspector General of any 

element of the intelligence community during the preceding 

fiscal year, or are or have been the subject of an investigation 

by such an Inspector General during the current fiscal year. 

‘‘(13) A statement by the Director of National Intelligence 

that, based on current and projected funding, the element concerned will have sufficient— 

‘‘(A) internal infrastructure to support the requested 

personnel and contractor levels; 

‘‘(B) training resources to support the requested personnel levels; and 

‘‘(C) funding to support the administrative and operational activities of the requested personnel levels.’’. 

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

section of that Act is amended by inserting after the item relating 

to section 506A the following new item: 

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

SEC. 307. COMPREHENSIVE REPORT ON INTELLIGENCE COMMUNITY 

CONTRACTORS. 

(a) REQUIREMENT FOR REPORT.—Not later than March 31, 2008, 

the Director of National Intelligence shall submit to the congressional intelligence committees a report describing the personal services activities performed by contractors across the intelligence 

community, the impact of such contractors on the intelligence 

community workforce, plans for conversion of contractor employment into government employment, and the accountability mechanisms that govern the performance of such contractors. 

(b) CONTENT.— 

(1) IN GENERAL.—The report submitted under subsection 

(a) shall include— 

(A) a description of any relevant regulations or guidance issued by the Director of National Intelligence or 

the head of an element of the intelligence community 

relating to minimum standards required regarding the 

hiring, training, security clearance, and assignment of contract personnel and how those standards may differ from 

those for government employees performing substantially 

similar functions; 

(B) an identification of contracts where the contractor 

is providing a substantially similar functions to a government employee; 

(C) an assessment of costs incurred or savings achieved 

by awarding contracts for the performance of such functions 

referred to in subparagraph (B) instead of using full-time 

employees of the elements of the intelligence community 

to perform such functions; 
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(D) an assessment of the appropriateness of using contractors to perform the activities described in paragraph 

(2); 

(E) an estimate of the number of contracts, and the 

number of personnel working under such contracts, related 

to the performance of activities described in paragraph 

(2); 

(F) a comparison of the compensation of contract 

employees and government employees performing substantially similar functions; 

(G) an analysis of the attrition of government personnel 

for contractor positions that provide substantially similar 

functions; 

(H) a description of positions that will be converted 

from contractor employment to government employment 

under the authority described in section 103(c) of this Act 

and the justification for such conversion; 

(I) an analysis of accountability mechanisms within 

services contracts awarded for intelligence activities by 

each element of the intelligence community during fiscal 

years 2006 and 2007; 

(J) an analysis of procedures in use in the intelligence 

community for conducting oversight of contractors to ensure 

identification and prosecution of criminal violations, financial waste, fraud, or other abuses committed by contractors 

or contract personnel; and 

(K) an identification of best practices of accountability 

mechanisms within services contracts. 

(2) ACTIVITIES.—Activities described in this paragraph are 

the following: 

(A) Intelligence collection. 

(B) Intelligence analysis. 

(C) Covert actions, including rendition, detention, and 

interrogation activities. 

SEC. 308. REPORT ON PROPOSED PAY FOR PERFORMANCE INTELLIGENCE COMMUNITY PERSONNEL MANAGEMENT 

SYSTEM. 

(a) PROHIBITION ON PAY FOR PERFORMANCE UNTIL REPORT.— 

The Director of National Intelligence and the head of an element 

of the intelligence community may not implement a plan that 

provides compensation to personnel of that element of the intelligence community based on performance until the date that is 

45 days after the date on which the Director of National Intelligence 

submits a report for that element under subsection (b). 

(b) REPORT.—The Director of National Intelligence shall submit 

to Congress a report on performance-based compensation for each 

element of the intelligence community, including, with respect to 

each such element— 

(1) an implementation time line which includes target dates 

for completion of— 

(A) the development of performance appraisal plans; 

(B) establishment of oversight and appeal mechanisms; 

(C) deployment of information technology systems; 

(D) management training; 

(E) employee training; 

(F) compensation transition; and 
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(G) full operational capacity; 

(2) an estimated budget for the implementation of the 

performance-based compensation system; 

(3) an evaluation plan to monitor the implementation of 

the performance-based compensation system and to improve 

and modify such system; 

(4) written standards for measuring the performance of 

employees; 

(5) a description of the performance-based compensation 

system, including budget oversight mechanisms to ensure sufficient funds to pay employees for bonuses; 

(6) a description of internal and external accountability 

mechanisms to ensure the fair treatment of employees; 

(7) a plan for initial and ongoing training for senior executives, managers, and employees; 

(8) a description of the role of any advisory committee 

or other mechanism designed to gather the input of employees 

relating to the creation and implementation of the system; 

(9) an assessment of the impact of the performance-based 

compensation system on women, minorities, persons with 

disabilities, and veterans; and 

(10) an assessment of the consistency of the plan described 

in subsection (a) for such element with the plans of the Director 

of National Intelligence for a performance-based compensation 

system for the intelligence community. 

SEC. 309. REPORT ON PLANS TO INCREASE DIVERSITY WITHIN THE 

INTELLIGENCE COMMUNITY. 

(a) REQUIREMENT FOR REPORT.—Not later than March 31, 2008, 

the Director of National Intelligence, in coordination with the heads 

of the elements of the intelligence community, shall submit to 

the congressional intelligence committees a report on the plans 

of each element to increase diversity within the intelligence community. 

(b) CONTENT.—The report required by subsection (a) shall 

include specific implementation plans to increase diversity within 

each element of the intelligence community, including— 

(1) specific implementation plans for each such element 

designed to achieve the goals articulated in the strategic plan 

of the Director of National Intelligence on equal employment 

opportunity and diversity; 

(2) specific plans and initiatives for each such element 

to increase recruiting and hiring of diverse candidates; 

(3) specific plans and initiatives for each such element 

to improve retention of diverse Federal employees at the junior, 

midgrade, senior, and management levels; 

(4) a description of specific diversity awareness training 

and education programs for senior officials and managers of 

each such element; and 

(5) a description of performance metrics to measure the 

success of carrying out the plans, initiatives, and programs 

described in paragraphs (1) through (4). 
H. R. 2082—13 

Subtitle B—Acquisition Matters 

SEC. 311. VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS. 

(a) IN GENERAL.—Title V of the National Security Act of 1947 

(50 U.S.C. 413 et seq.), as amended by section 306 of this Act, 

is further amended by inserting after section 506B, as added by 

section 306(a), the following new section: 

‘‘VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS

‘‘SEC. 506C. (a) INITIAL VULNERABILITY ASSESSMENTS.—The 

Director of National Intelligence shall conduct an initial vulnerability assessment for any major system and its significant items 

of supply that is proposed for inclusion in the National Intelligence 

Program prior to completion of Milestone B or an equivalent acquisition decision. The initial vulnerability assessment of a major system 

and its significant items of supply shall, at a minimum, use an 

analysis-based approach to— 

‘‘(1) identify vulnerabilities; 

‘‘(2) define exploitation potential; 

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

‘‘(4) determine overall vulnerability; and 

‘‘(5) make recommendations for risk reduction. 

‘‘(b) SUBSEQUENT VULNERABILITY ASSESSMENTS.—(1) The 

Director of National Intelligence shall conduct subsequent vulnerability assessments of each major system and its significant items 

of supply within the National Intelligence Program— 

‘‘(A) periodically throughout the life span of the major 

system; 

‘‘(B) whenever the Director determines that a change in 

circumstances warrants the issuance of a subsequent vulnerability assessment; or 

‘‘(C) upon the request of a congressional intelligence committee. 

‘‘(2) Any subsequent vulnerability assessment of a major system 

and its significant items of supply shall, at a minimum, use an 

analysis-based approach and, if applicable, a testing-based 

approach, to monitor the exploitation potential of such system and 

reexamine the factors described in paragraphs (1) through (5) of 

subsection (a). 

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

Intelligence shall give due consideration to the vulnerability assessments prepared for a given major system when developing and 

determining the annual consolidated National Intelligence Program 

budget. 

‘‘(d) CONGRESSIONAL OVERSIGHT.—(1) The Director of National 

Intelligence shall provide to the congressional intelligence committees a copy of each vulnerability assessment conducted under subsection (a) or (b) not later than 10 days after the date of the 

completion of such assessment. 

‘‘(2) The Director of National Intelligence shall provide the 

congressional intelligence committees with a proposed schedule for 

subsequent vulnerability assessments of a major system under subsection (b) when providing such committees with the initial vulnerability assessment under subsection (a) of such system as required 

by subsection (d). 

‘‘(e) DEFINITIONS.—In this section: 
H. R. 2082—14 

‘‘(1) The term ‘items of supply’— 

‘‘(A) means any individual part, component, subassembly, assembly, or subsystem integral to a major 

system, and other property which may be replaced during 

the service life of the major system, including spare parts 

and replenishment parts; and 

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

with shipment or identification of items. 

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

term in section 506A(e). 

‘‘(3) The term ‘Milestone B’ means a decision to enter 

into system development and demonstration pursuant to guidance prescribed by the Director of National Intelligence. 

‘‘(4) The term ‘vulnerability assessment’ means the process 

of identifying and quantifying vulnerabilities in a major system 

and its significant items of supply.’’. 

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

section of the National Security Act of 1947, as amended by section 

306 of this Act, is further amended by inserting after the item 

relating to section 506B, as added by section 306(b), the following: 

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

SEC. 312. BUSINESS ENTERPRISE ARCHITECTURE AND BUSINESS 

SYSTEM MODERNIZATION FOR THE INTELLIGENCE 

COMMUNITY. 

(a) BUSINESS ENTERPRISE ARCHITECTURE AND BUSINESS SYSTEM

MODERNIZATION.— 

(1) IN GENERAL.—Title V of the National Security Act of 

1947 (50 U.S.C. 413 et seq.), as amended by sections 306 

and 311 of this Act, is further amended by inserting after 

section 506C, as added by section 311(a), the following new 

section: 

‘‘INTELLIGENCE COMMUNITY BUSINESS SYSTEMS, ARCHITECTURE, 

ACCOUNTABILITY, AND MODERNIZATION

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

INTELLIGENCE COMMUNITY BUSINESS SYSTEM MODERNIZATION.—(1) 

After April 1, 2008, no funds appropriated to any element of the 

intelligence community may be obligated for an intelligence community business system modernization described in paragraph (2) 

unless— 

‘‘(A) the approval authority designated by the Director of 

National Intelligence under subsection (c)(2) makes the certification described in paragraph (3) with respect to the intelligence 

community business system modernization; and 

‘‘(B) the certification is approved by the Intelligence 

Community Business Systems Management Committee established under subsection (f). 

‘‘(2) An intelligence community business system modernization 

described in this paragraph is an intelligence community business 

system modernization that— 

‘‘(A) will have a total cost in excess of $1,000,000; and 

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

such cost from amounts appropriated for the National Intelligence Program. 
H. R. 2082—15 

‘‘(3) The certification described in this paragraph for an intelligence community business system modernization is a certification, 

made by the approval authority designated by the Director under 

subsection (c)(2) to the Intelligence Community Business Systems 

Management Committee, that the intelligence community business 

system modernization— 

‘‘(A) complies with the enterprise architecture under subsection (b); or 

‘‘(B) is necessary— 

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

or address a critical requirement in an area such as safety 

or security; or 

‘‘(ii) to prevent a significant adverse effect on a project 

that is needed to achieve an essential capability, taking 

into consideration the alternative solutions for preventing 

such adverse effect. 

‘‘(4) The obligation of funds for an intelligence community business system modernization that does not comply with the requirements of this subsection shall be treated as a violation of section 

1341(a)(1)(A) of title 31, United States Code. 

‘‘(b) ENTERPRISE ARCHITECTURE FOR INTELLIGENCE COMMUNITY

BUSINESS SYSTEMS.—(1) The Director of National Intelligence shall, 

acting through the Intelligence Community Business Systems 

Management Committee established under subsection (f), develop 

and implement an enterprise architecture to cover all intelligence 

community business systems, and the functions and activities supported by such business systems. The enterprise architecture shall 

be sufficiently defined to effectively guide, constrain, and permit 

implementation of interoperable intelligence community business 

system solutions, consistent with applicable policies and procedures 

established by the Director of the Office of Management and Budget. 

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

include the following: 

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

will enable the intelligence community to— 

‘‘(i) comply with all Federal accounting, financial 

management, and reporting requirements; 

‘‘(ii) routinely produce timely, accurate, and reliable 

financial information for management purposes; 

‘‘(iii) integrate budget, accounting, and program 

information and systems; and 

‘‘(iv) provide for the systematic measurement of 

performance, including the ability to produce timely, relevant, and reliable cost information. 

‘‘(B) Policies, procedures, data standards, and system interface requirements that apply uniformly throughout the intelligence community. 

‘‘(c) RESPONSIBILITIES FOR INTELLIGENCE COMMUNITY BUSINESS

SYSTEM MODERNIZATION.—(1) The Director of National Intelligence 

shall be responsible for review, approval, and oversight of the 

planning, design, acquisition, deployment, operation, and maintenance of an intelligence community business system modernization 

if more than 50 percent of the cost of the intelligence community 

business system modernization is funded by amounts appropriated 

for the National Intelligence Program. 
H. R. 2082—16 

‘‘(2) The Director shall designate 1 or more appropriate officials 

of the intelligence community to be responsible for making certifications with respect to intelligence community business system 

modernizations under subsection (a)(3). 

‘‘(d) INTELLIGENCE COMMUNITY BUSINESS SYSTEM INVESTMENT

REVIEW.—(1) The approval authority designated under subsection 

(c)(2) shall establish and implement, not later than March 31, 

2008, an investment review process for the review of the planning, 

design, acquisition, development, deployment, operation, maintenance, modernization, project cost, benefits, and risks of the intelligence community business systems for which the approval 

authority is responsible. 

‘‘(2) The investment review process under paragraph (1) shall— 

‘‘(A) meet the requirements of section 11312 of title 40, 

United States Code; and 

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

authority under such review process. 

‘‘(3) The investment review process under paragraph (1) shall 

include the following elements: 

‘‘(A) Review and approval by an investment review board 

(consisting of appropriate representatives of the intelligence 

community) of each intelligence community business system 

as an investment before the obligation of funds for such system. 

‘‘(B) Periodic review, but not less often than annually, 

of every intelligence community business system investment. 

‘‘(C) Thresholds for levels of review to ensure appropriate 

review of intelligence community business system investments 

depending on the scope, complexity, and cost of the system 

involved. 

‘‘(D) Procedures for making certifications in accordance with 

the requirements of subsection (a)(3). 

‘‘(E) Mechanisms to ensure the consistency of the investment review process with applicable guidance issued by the 

Director of National Intelligence and the Intelligence Community Business Systems Management Committee established 

under subsection (f). 

‘‘(F) Common decision criteria, including standards, 

requirements, and priorities, for purposes of ensuring the 

integration of intelligence community business systems. 

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

year 2009, the Director of National Intelligence shall include in 

the materials the Director submits to Congress in support of the 

budget for such fiscal year that is submitted to Congress under 

section 1105 of title 31, United States Code, the following information: 

‘‘(1) An identification of each intelligence community business system for which funding is proposed in such budget. 

‘‘(2) An identification of all funds, by appropriation, proposed in such budget for each such system, including— 

‘‘(A) funds for current services to operate and maintain 

such system; and 

‘‘(B) funds for business systems modernization identified for each specific appropriation. 

‘‘(3) For each such system, identification of approval 

authority designated for such system under subsection (c)(2). 

‘‘(4) The certification, if any, made under subsection (a)(3) 

with respect to each such system. 
H. R. 2082—17 

‘‘(f) INTELLIGENCE COMMUNITY BUSINESS SYSTEMS MANAGEMENT COMMITTEE.—(1) The Director of National Intelligence shall 

establish an Intelligence Community Business Systems Management Committee (in this subsection referred to as the ‘Committee’). 

‘‘(2) The Committee shall— 

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

necessary to effectively integrate all business activities and 

any transformation, reform, reorganization, or process improvement initiatives undertaken within the intelligence community; 

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

‘‘(i) the enterprise architecture developed under subsection (b); and 

‘‘(ii) any plans for an intelligence community business 

systems modernization; 

‘‘(C) manage cross-domain integration consistent with such 

enterprise architecture; 

‘‘(D) be responsible for coordinating initiatives for intelligence community business system modernization to maximize 

benefits and minimize costs for the intelligence community, 

and periodically report to the Director on the status of efforts 

to carry out an intelligence community business system modernization; 

‘‘(E) ensure that funds are obligated for intelligence community business system modernization in a manner consistent 

with subsection (a); and 

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

specify. 

‘‘(g) RELATION TO ANNUAL REGISTRATION REQUIREMENTS.— 

Nothing in this section shall be construed to alter the requirements 

of section 8083 of the Department of Defense Appropriations Act, 

2005 (Public Law 108–287; 118 Stat. 989), with regard to information technology systems (as defined in subsection (d) of such section). 

‘‘(h) RELATION TO DEFENSE BUSINESS SYSTEMS ARCHITECTURE, 

ACCOUNTABILITY, AND MODERNIZATION REQUIREMENTS.—An intelligence community business system that receives more than 50 

percent of its funds from amounts available for the National Intelligence Program shall be exempt from the requirements of section 

2222 of title 10, United States Code. 

‘‘(i) RELATION TO CLINGER-COHEN ACT.—(1) The Director of 

National Intelligence and the Chief Information Officer of the Intelligence Community shall fulfill the executive agency responsibilities 

in chapter 113 of title 40, United States Code, for any intelligence 

community business system that receives more than 50 percent 

of its funding from amounts appropriated for the National Intelligence Program. 

‘‘(2) Any intelligence community business system covered by 

paragraph (1) shall be exempt from the requirements of such 

chapter 113 that would otherwise apply to the executive agency 

that contains the element of the intelligence community involved. 

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

2009 through 2014, the Director of National Intelligence shall 

submit to the congressional intelligence committees a report on 

the compliance of the intelligence community with the requirements 

of this section. Each such report shall— 

‘‘(1) describe actions taken and proposed for meeting the 

requirements of subsection (a), including— 
H. R. 2082—18 

‘‘(A) specific milestones and actual performance against 

specified performance measures, and any revision of such 

milestones and performance measures; and 

‘‘(B) specific actions on the intelligence community 

business system modernizations submitted for certification 

under such subsection; 

‘‘(2) identify the number of intelligence community business 

system modernizations that received a certification described 

in subsection (a)(3)(B); and 

‘‘(3) describe specific improvements in business operations 

and cost savings resulting from successful intelligence community business systems modernization efforts. 

‘‘(k) DEFINITIONS.—In this section: 

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

given that term in section 3601(4) of title 44, United States 

Code. 

‘‘(2) The terms ‘information system’ and ‘information technology’ have the meanings given those terms in section 11101 

of title 40, United States Code. 

‘‘(3) The term ‘intelligence community business system’ 

means an information system, other than a national security 

system, that is operated by, for, or on behalf of the intelligence 

community, including financial systems, mixed systems, financial data feeder systems, and the business infrastructure 

capabilities shared by the systems of the business enterprise 

architecture that build upon the core infrastructure used to 

support business activities, such as acquisition, financial 

management, logistics, strategic planning and budgeting, 

installations and environment, and human resource management. 

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

modernization’ means— 

‘‘(A) the acquisition or development of a new intelligence community business system; or 

‘‘(B) any significant modification or enhancement of 

an existing intelligence community business system (other 

than necessary to maintain current services). 

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

given that term in section 3542 of title 44, United States 

Code.’’. 

(2) CLERICAL AMENDMENT.—The table of contents in the 

first section of that Act, as amended by sections 306 and 311 

of this Act, is further amended by inserting after the item 

relating to section 506C, as added by section 311(b), the following new item: 

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

and modernization.’’. 

(b) IMPLEMENTATION.— 

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

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

Intelligence shall— 

(A) complete the delegation of responsibility for the 

review, approval, and oversight of the planning, design, 

acquisition, deployment, operation, maintenance, and modernization of intelligence community business systems 
H. R. 2082—19 

required by subsection (c) of section 506D of the National 

Security Act of 1947 (as added by subsection (a)); and 

(B) designate a vice chairman and personnel to serve 

on the Intelligence Community Business System Management Committee established under subsection (f) of such 

section 506D (as so added). 

(2) ENTERPRISE ARCHITECTURE.— (A) SCHEDULE FOR DEVELOPMENT.—The Director shall 

develop the enterprise architecture required by subsection 

(b) of such section 506D (as so added) by not later than 

September 1, 2008. 

(B) REQUIREMENT FOR IMPLEMENTATION PLAN.—In 

developing such enterprise architecture, the Director shall 

develop an implementation plan for such enterprise 

architecture that includes the following: 

(i) An acquisition strategy for new systems that 

are expected to be needed to complete such enterprise 

architecture, including specific time-phased milestones, 

performance metrics, and a statement of the financial 

and nonfinancial resource needs. 

(ii) An identification of the intelligence community 

business systems in operation or planned as of 

December 31, 2006, that will not be a part of such 

enterprise architecture, together with the schedule for 

the phased termination of the utilization of any such 

systems. 

(iii) An identification of the intelligence community 

business systems in operation or planned as of 

December 31, 2006, that will be a part of such enterprise architecture, together with a strategy for modifying such systems to ensure that such systems comply 

with such enterprise architecture. 

(C) SUBMISSION OF ACQUISITION STRATEGY.—The 

Director shall submit the acquisition strategy described 

in subparagraph (B)(i) to the congressional intelligence 

committees not later than March 1, 2008. 

SEC. 313. REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS. 

(a) IN GENERAL.—Title V of the National Security Act of 1947 

(50 U.S.C. 413 et seq.), as amended by sections 306, 311, and 

312 of this Act, is further amended by inserting after section 506D, 

as added by section 312(a)(1), the following new section: 

‘‘REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS

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

of National Intelligence shall submit to the congressional intelligence committees each year, at the same time the budget of 

the President for the fiscal year beginning in such year is submitted 

to Congress pursuant to section 1105 of title 31, United States 

Code, a separate report on each acquisition of a major system 

by an element of the intelligence community. 

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

on the Acquisition of Major Systems’. 

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

for the acquisition of a major system, information on the following: 

‘‘(1) The current total acquisition cost for such system, 

and the history of such cost from the date the system was 
H. R. 2082—20 

first included in a report under this section to the end of 

the calendar quarter immediately proceeding the submittal of 

the report under this section. 

‘‘(2) The current development schedule for the system, 

including an estimate of annual development costs until 

development is completed. 

‘‘(3) The planned procurement schedule for the system, 

including the best estimate of the Director of National Intelligence of the annual costs and units to be procured until 

procurement is completed. 

‘‘(4) A full life-cycle cost analysis for such system. 

‘‘(5) The result of any significant test and evaluation of 

such major system as of the date of the submittal of such 

report, or, if a significant test and evaluation has not been 

conducted, a statement of the reasons therefor and the results 

of any other test and evaluation that has been conducted of 

such system. 

‘‘(6) The reasons for any change in acquisition cost, or 

schedule, for such system from the previous report under this 

section, if applicable. 

‘‘(7) The major contracts or subcontracts related to the 

major system. 

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

contract referred to in paragraph (7) since the previous report 

under this section, the reasons for such cost or schedule variance. 

‘‘(c) DETERMINATION OF INCREASE IN COSTS.—Any determination of a percentage increase in the acquisition costs of a major 

system for which a report is filed under this section shall be 

stated in terms of constant dollars from the first fiscal year in 

which funds are appropriated for such contract. 

‘‘(d) DEFINITIONS.—In this section: 

‘‘(1) The term ‘acquisition cost’, with respect to a major 

system, means the amount equal to the total cost for development and procurement of, and system-specific construction for, 

such system. 

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

acquisition of a major system, means all costs of development, 

procurement, construction, deployment, and operation and support for such program, without regard to funding source or 

management control, including costs of development and 

procurement required to support or utilize such system. 

‘‘(3) The term ‘major contract,’ with respect to a major 

system acquisition, means each of the 6 largest prime, associate, 

or government-furnished equipment contracts under the program that is in excess of $40,000,000 and that is not a firm, 

fixed price contract. 

‘‘(4) The term ‘major system’ has the meaning given that 

term in section 506A(e). 

‘‘(5) The term ‘significant test and evaluation’ means the 

functional or environmental testing of a major system or of 

the subsystems that combine to create a major system.’’. 

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

section of that Act, as amended by sections 306, 311, and 312 

of this Act, is further amended by inserting after the item relating 
H. R. 2082—21 

to section 506D, as added by section 312(a)(2), the following new 

item: 

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

SEC. 314. EXCESSIVE COST GROWTH OF MAJOR SYSTEMS. 

(a) NOTIFICATION.—Title V of the National Security Act of 1947, 

as amended by sections 306, 311, 312, and 313 of this Act, is 

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

313(a), the following new section: 

‘‘EXCESSIVE COST GROWTH OF MAJOR SYSTEMS

‘‘SEC. 506F. (a) COST INCREASES OF AT LEAST 25 PERCENT.— 

(1)(A) On a continuing basis, and separate from the submission 

of any report on a major system required by section 506E of this 

Act, the program manager shall determine if the acquisition cost 

of such major system has increased by at least 25 percent as 

compared to the baseline cost of such major system. 

‘‘(B) Not later than 10 days after the date that a program 

manager determines that an increase described in subparagraph 

(A) has occurred, the program manager shall submit to the Director 

of National Intelligence notification of such increase. 

‘‘(2)(A) If, after receiving a notification described in paragraph 

(1)(B), the Director of National Intelligence determines that the 

acquisition cost of a major system has increased by at least 25 

percent, the Director shall submit to the congressional intelligence 

committees a written notification of such determination as described 

in subparagraph (B), a description of the amount of the increase 

in the acquisition cost of such major system, and a certification 

as described in subparagraph (C). 

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

include— 

‘‘(i) an updated cost estimate; 

‘‘(ii) the date on which the determination covered by such 

notification was made; 

‘‘(iii) contract performance assessment information with 

respect to each significant contract or sub-contract related to 

such major system, including the name of the contractor, the 

phase of the contract at the time of the report, the percentage 

of work under the contract that has been completed, any change 

in contract cost, the percentage by which the contract is currently ahead or behind schedule, and a summary explanation 

of significant occurrences, such as cost and schedule variances, 

and the effect of such occurrences on future costs and schedules; 

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

major system, expressed in constant dollars and in current 

year dollars; 

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

system, expressed in constant dollars and current year dollars; 

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

full life-cycle cost of such major system; 

‘‘(vii) the current change and the total change, in dollars 

and expressed as a percentage, in the full life-cycle cost 

applicable to such major system, stated both in constant dollars 

and current year dollars; 

‘‘(viii) the completion status of such major system expressed 

as the percentage— 
H. R. 2082—22 

‘‘(I) of the total number of years for which funds have 

been appropriated for such major system compared to the 

number of years for which it is planned that such funds 

will be appropriated; and 

‘‘(II) of the amount of funds that have been appropriated for such major system compared to the total amount 

of such funds which it is planned will be appropriated; 

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

future cost growth of such major system; and 

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

of such major system and the extent to which such changes 

have contributed to the increase in full life-cycle costs of such 

major system. 

‘‘(C) The certification described in this subparagraph is a written certification made by the Director and submitted to the congressional intelligence committees that— 

‘‘(i) the acquisition of such major system is essential to 

the national security; 

‘‘(ii) there are no alternatives to such major system that 

will provide equal or greater intelligence capability at equal 

or lesser cost to completion; 

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

major system are reasonable; and 

‘‘(iv) the management structure for the acquisition of such 

major system is adequate to manage and control full life-cycle 

cost of such major system. 

‘‘(b) COST INCREASES OF AT LEAST 50 PERCENT.—(1)(A) On 

a continuing basis, and separate from the submission of any report 

on a major system required by section 506E of this Act, the program 

manager shall determine if the acquisition cost of such major system 

has increased by at least 50 percent as compared to the baseline 

cost of such major system. 

‘‘(B) Not later than 10 days after the date that a program 

manager determines that an increase described in subparagraph 

(A) has occurred, the program manager shall submit to the Director 

of National Intelligence notification of such increase. 

‘‘(2) If, after receiving a notification described in paragraph 

(1)(B), the Director of National Intelligence determines that the 

acquisition cost of a major system has increased by at least 50 

percent as compared to the baseline cost of such major system, 

the Director shall submit to the congressional intelligence committees a written certification stating that— 

‘‘(A) the acquisition of such major system is essential to 

the national security; 

‘‘(B) there are no alternatives to such major system that 

will provide equal or greater intelligence capability at equal 

or lesser cost to completion; 

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

major system are reasonable; and 

‘‘(D) the management structure for the acquisition of such 

major system is adequate to manage and control the full lifecycle cost of such major system. 

‘‘(3) In addition to the certification required by paragraph (2), 

the Director of National Intelligence shall submit to the congressional intelligence committees an updated notification, with current 

accompanying information, as required by subsection (a)(2). 
H. R. 2082—23 

‘‘(c) PROHIBITION ON OBLIGATION OF FUNDS.—(1) If a written 

certification required under subsection (a)(2)(A) is not submitted 

to the congressional intelligence committees within 60 days of the 

determination made under subsection (a)(1), funds appropriated 

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

a major contract under the program. Such prohibition on the obligation of funds shall cease to apply at the end of the 30-day period 

of a continuous session of Congress that begins on the date on 

which Congress receives the notification required under subsection 

(a)(2)(A). 

‘‘(2) If a written certification required under subsection (b)(2) 

is not submitted to the congressional intelligence committees within 

60 days of the determination made under subsection (b)(2), funds 

appropriated for the acquisition of a major system may not be 

obligated for a major contract under the program. Such prohibition 

on the obligation of funds for the acquisition of a major system 

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

session of Congress that begins on the date on which Congress 

receives the notification required under subsection (b)(3). 

‘‘(d) DEFINITIONS.—In this section: 

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

that term in section 506E(d). 

‘‘(2) The term ‘baseline cost’, with respect to a major system, 

means the projected acquisition cost of such system that is 

approved by the Director of National Intelligence at Milestone 

B or an equivalent acquisition decision for the development, 

procurement, and construction of such system. The baseline 

cost may be in the form of an independent cost estimate. 

‘‘(3) The term ‘full life-cycle cost’ has the meaning given 

that term in section 506E(d). 

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

given that term in section 506A(e). 

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

term in section 506A(e). 

‘‘(6) The term ‘Milestone B’ means a decision to enter 

into system development and demonstration pursuant to guidance prescribed by the Director of National Intelligence. 

‘‘(7) The term ‘program manager’, with respect to a major 

system, means— 

‘‘(A) the head of the element of the intelligence community which is responsible for the budget, cost, schedule, 

and performance of the major system; or 

‘‘(B) in the case of a major system within the Office 

of the Director of National Intelligence, the deputy who 

is responsible for the budget, cost, schedule, and performance of the major system.’’. 

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

section of that Act, as amended by sections 304, 311, 312, and 

313 of this Act, is further amended by inserting after the items 

relating to section 506E, as added by section 313(b), the following 

new item: 

‘‘Sec. 506F. Excessive cost growth of major systems.’’. 
H. R. 2082—24 

Subtitle C—Other Matters 

SEC. 321. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES. 

The authorization of appropriations by this Act shall not be 

deemed to constitute authority for the conduct of any intelligence 

activity which is not otherwise authorized by the Constitution or 

the laws of the United States. 

SEC. 322. CLARIFICATION OF DEFINITION OF INTELLIGENCE COMMUNITY UNDER THE NATIONAL SECURITY ACT OF 1947. 

Subparagraph (L) of section 3(4) of the National Security Act 

of 1947 (50 U.S.C. 401a(4)) is amended by striking ‘‘other’’ the 

second place it appears. 

SEC. 323. MODIFICATION OF AVAILABILITY OF FUNDS FOR DIFFERENT 

INTELLIGENCE ACTIVITIES. 

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

Act of 1947 (50 U.S.C. 414(a)(3)) is amended to read as follows: 

‘‘(B) the use of such funds for such activity supports an 

emergent need, improves program effectiveness, or increases 

efficiency; and’’. 

SEC. 324. PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION. 

(a) INCREASE IN PENALTIES FOR DISCLOSURE OF UNDERCOVER

INTELLIGENCE OFFICERS AND AGENTS.— 

(1) DISCLOSURE OF AGENT AFTER ACCESS TO INFORMATION

IDENTIFYING AGENT.—Subsection (a) of section 601 of the 

National Security Act of 1947 (50 U.S.C. 421) is amended 

by striking ‘‘ten years’’ and inserting ‘‘15 years’’. 

(2) DISCLOSURE OF AGENT AFTER ACCESS TO CLASSIFIED

INFORMATION.—Subsection (b) of such section is amended by 

striking ‘‘five years’’ and inserting ‘‘10 years’’. 

(b) MODIFICATIONS TO ANNUAL REPORT ON PROTECTION OF

INTELLIGENCE IDENTITIES.—The first sentence of section 603(a) of 

the National Security Act of 1947 (50 U.S.C. 423(a)) is amended 

by inserting ‘‘including an assessment of the need for any modification of this title for the purpose of improving legal protections 

for covert agents,’’ after ‘‘measures to protect the identities of covert 

agents,’’. 

SEC. 325. EXTENSION OF AUTHORITY TO DELETE INFORMATION 

ABOUT RECEIPT AND DISPOSITION OF FOREIGN GIFTS 

AND DECORATIONS. 

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

is amended to read as follows: 

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

intelligence community, the head of such element may delete the 

information described in subparagraph (A) or (C) of paragraph 

(2) or in subparagraph (A) or (C) of paragraph (3) if the head 

of such element certifies in writing to the Secretary of State that 

the publication of such information could adversely affect United 

States intelligence sources or methods. 

‘‘(B) Any information not provided to the Secretary of State 

pursuant to the authority in subparagraph (A) shall be transmitted 

to the Director of National Intelligence who shall keep a record 

of such information. 
H. R. 2082—25 

‘‘(C) In this paragraph, the term ‘element of the intelligence 

community’ means an element of the intelligence community listed 

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

of 1947 (50 U.S.C. 401a(4)).’’. 

SEC. 326. REPORT ON COMPLIANCE WITH THE DETAINEE TREATMENT 

ACT OF 2005 AND RELATED PROVISIONS OF THE MILITARY 

COMMISSIONS ACT OF 2006. 

(a) REPORT REQUIRED.—Not later than 45 days after the date 

of the enactment of this Act, the Director of National Intelligence 

shall submit to the congressional intelligence committees a comprehensive report on all measures taken by the Office of the Director 

of National Intelligence and by each element, if any, of the intelligence community with relevant responsibilities to comply with 

the provisions of the Detainee Treatment Act of 2005 (title X 

of division A of Public Law 109–148; 119 Stat. 2739) and related 

provisions of the Military Commissions Act of 2006 (Public Law 

109–366; 120 Stat. 2600). 

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

include the following: 

(1) A description of the detention or interrogation methods, 

if any, that have been determined to comply with section 1003 

of the Detainee Treatment Act of 2005 (119 Stat. 2739; 42 

U.S.C. 2000dd) and section 6 of the Military Commissions Act 

of 2006 (120 Stat. 2632; 18 U.S.C. 2441 note) (including the 

amendments made by such section 6), and, with respect to 

each such method— 

(A) an identification of the official making such determination; and 

(B) a statement of the basis for such determination. 

(2) A description of the detention or interrogation methods, 

if any, whose use has been discontinued pursuant to the 

Detainee Treatment Act of 2005 or the Military Commission 

Act of 2006, and, with respect to each such method— 

(A) an identification of the official making the determination to discontinue such method; and 

(B) a statement of the basis for such determination. 

(3) A description of any actions that have been taken to 

implement section 1004 of the Detainee Treatment Act of 2005 

(119 Stat. 2740; 42 U.S.C. 2000dd–1), and, with respect to 

each such action— 

(A) an identification of the official taking such action; 

and 

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

(4) Any other matters that the Director considers necessary 

to fully and currently inform the congressional intelligence 

committees about the implementation of the Detainee Treatment Act of 2005 and related provisions of the Military Commissions Act of 2006. 

(5) An appendix containing— 

(A) all guidelines for the application of the Detainee 

Treatment Act of 2005 and related provisions of the Military Commissions Act of 2006 to the detention or interrogation activities, if any, of any element of the intelligence 

community; and 

(B) the legal justifications of any office of the Department of Justice about the meaning or application of the 
H. R. 2082—26 

Detainee Treatment Act of 2005 or related provisions of 

the Military Commissions Act of 2006 with respect to the 

detention or interrogation activities, if any, of any element 

of the intelligence community. 

(c) FORM.—The report required by subsection (a) shall be submitted in classified form. 

(d) SUBMISSION TO THE CONGRESSIONAL ARMED SERVICES

COMMITTEES.—To the extent that the report required by subsection 

(a) addresses an element of the intelligence community within the 

Department of Defense, that portion of the report, and any associated material that is necessary to make that portion understandable, shall also be submitted by the Director of National Intelligence 

to the congressional armed services committees. 

(e) CONGRESSIONAL ARMED SERVICES COMMITTEE DEFINED.— 

In this section, the term ‘‘congressional armed services committees’’ 

means— 

(1) the Committee on Armed Services of the Senate; and 

(2) the Committee on Armed Services of the House of 

Representatives. 

SEC. 327. LIMITATION ON INTERROGATION TECHNIQUES. 

(a) LIMITATION.—No individual in the custody or under the 

effective control of an element of the intelligence community or 

instrumentality thereof, regardless of nationality or physical location, shall be subject to any treatment or technique of interrogation 

not authorized by the United States Army Field Manual on Human 

Intelligence Collector Operations. 

(b) INSTRUMENTALITY DEFINED.—In this section, the term 

‘‘instrumentality’’, with respect to an element of the intelligence 

community, means a contractor or subcontractor at any tier of 

the element of the intelligence community. 

SEC. 328. LIMITATION ON USE OF FUNDS. 

Not more than 30 percent of the funds authorized to be appropriated for the Expenditure Center referred to on page 157 of 

Volume VI, Book 1 of the Fiscal Year 2008 - Fiscal Year 2009 

Congressional Budget Justification, National Intelligence Program, 

may be obligated or expended until each member of the congressional intelligence committees has been fully and currently informed 

with respect to intelligence regarding a facility in Syria subject 

to reported military action by the State of Israel on September 

6, 2007, including intelligence relating to any agent or citizen 

of North Korea, Iran, or any other foreign country present at 

the facility, and any intelligence provided to the Federal Government by a foreign country regarding the facility (as available). 

SEC. 329. INCORPORATION OF REPORTING REQUIREMENTS. 

Each requirement to submit a report to the congressional intelligence committees that is included in the classified annex to this 

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

requirement in law. 

SEC. 330. REPEAL OF CERTAIN REPORTING REQUIREMENTS. 

(a) ANNUAL REPORT ON INTELLIGENCE.— 

(1) REPEAL.—Section 109 of the National Security Act of 

1947 (50 U.S.C. 404d) is repealed. 
H. R. 2082—27 

(2) CLERICAL AMENDMENT.—The table of contents in the 

first section of the National Security Act of 1947 is amended 

by striking the item relating to section 109. 

(b) ANNUAL AND SPECIAL REPORTS ON INTELLIGENCE SHARING

WITH THE UNITED NATIONS.—Section 112 of the National Security 

Act of 1947 (50 U.S.C. 404g) is amended— 

(1) by striking subsection (b); and 

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

(c) ANNUAL CERTIFICATION ON COUNTERINTELLIGENCE INITIATIVES.—Section 1102(b) of the National Security Act of 1947 (50 

U.S.C. 442a(b)) is amended— 

(1) by striking ‘‘(1)’’; and 

(2) by striking paragraph (2). 

(d) REPORT AND CERTIFICATION UNDER TERRORIST IDENTIFICATION CLASSIFICATION SYSTEM.—Section 343 of the Intelligence 

Authorization Act for Fiscal Year 2003 (50 U.S.C. 404n–2) is 

amended— 

(1) by striking subsection (d); and 

(2) by redesignating subsections (e), (f), (g), and (h) as 

subsections (d), (e), (f), and (g), respectively. 

(e) ANNUAL REPORT ON COUNTERDRUG INTELLIGENCE MATTERS.—Section 826 of the Intelligence Authorization Act for Fiscal 

Year 2003 (Public Law 107–306; 116 Stat. 2429; 21 U.S.C. 873 

note) is repealed. 

(f) CONFORMING AMENDMENTS.—Section 507(a) of the National 

Security Act of 1947 (50 U.S.C. 415b(a)) is amended— 

(1) in paragraph (1)— 

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

(B) by redesignating subparagraphs (C) through (N) 

as subparagraphs (A) through (L), respectively; and 

(2) in paragraph (2), by striking subparagraph (D). 

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY 

Subtitle A—Office of the Director of 

National Intelligence 

SEC. 401. CLARIFICATION OF LIMITATION ON COLOCATION OF THE 

OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. 

Section 103(e) of the National Security Act of 1947 (50 U.S.C. 

403–3(e)) is amended— 

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

WITH HEADQUARTERS OF’’; 

(2) by inserting ‘‘the headquarters of’’ before ‘‘the Office’’; 

and 

(3) by striking ‘‘any other element’’ and inserting ‘‘the headquarters of any other element’’. 
H. R. 2082—28 

SEC. 402. MEMBERSHIP OF THE DIRECTOR OF NATIONAL INTELLIGENCE ON THE TRANSPORTATION SECURITY OVERSIGHT BOARD. 

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

Code, is amended to read as follows: 

‘‘(F) The Director of National Intelligence, or the Director’s designee.’’. 

SEC. 403. ADDITIONAL DUTIES OF THE DIRECTOR OF SCIENCE AND 

TECHNOLOGY. 

Section 103E of the National Security Act of 1947 (50 U.S.C. 

403–3e) is amended— 

(1) in subsection (c)— 

(A) by redesignating paragraph (5) as paragraph (7); 

(B) in paragraph (4), by striking ‘‘and’’ at the end; 

and 

(C) by inserting after paragraph (4) the following: 

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

applied, and advanced research to meet the technology needs 

of the intelligence community and to be executed by elements 

of the intelligence community by— 

‘‘(A) systematically identifying, assessing, and 

prioritizing the most significant intelligence challenges that 

require technical solutions; and 

‘‘(B) examining options to enhance the responsiveness 

of research programs; 

‘‘(6) submit to Congress an annual report on the science 

and technology strategy of the Director; and’’; and 

(2) in paragraph (3) of subsection (d)— 

(A) by redesignating subparagraphs (A) and (B) as 

subparagraphs (B) and (C), respectively; 

(B) in subparagraph (B), as so redesignated, by 

inserting ‘‘and prioritize’’ after ‘‘coordinate’’; and 

(C) by inserting before subparagraph (B), as so redesignated, the following new subparagraph: 

‘‘(A) identify basic, advanced, and applied research programs to be executed by elements of the intelligence 

community;’’. 

SEC. 404. LEADERSHIP AND LOCATION OF CERTAIN OFFICES AND 

OFFICIALS. 

(a) NATIONAL COUNTER PROLIFERATION CENTER.—Section 

119A(a) of the National Security Act of 1947 (50 U.S.C. 404o– 

1(a)) is amended— 

(1) by striking ‘‘(a) ESTABLISHMENT.—Not later than 18 

months after the date of the enactment of the National Security 

Intelligence Reform Act of 2004, the’’ and inserting the following: 

‘‘(a) IN GENERAL.— 

‘‘(1) ESTABLISHMENT.—The’’; and 

(2) by adding at the end the following new paragraphs: 

‘‘(2) DIRECTOR.—The head of the National Counter Proliferation Center shall be the Director of the National Counter 

Proliferation Center, who shall be appointed by the Director 

of National Intelligence. 
H. R. 2082—29 

‘‘(3) LOCATION.—The National Counter Proliferation Center 

shall be located within the Office of the Director of National 

Intelligence.’’. 

(b) OFFICERS.—Section 103(c) of that Act (50 U.S.C. 403–3(c)) 

is amended— 

(1) by redesignating paragraph (9) as paragraph (13); and 

(2) by inserting after paragraph (8) the following new paragraphs: 

‘‘(9) The Chief Information Officer of the Intelligence 

Community. 

‘‘(10) The Inspector General of the Intelligence Community. 

‘‘(11) The Director of the National Counterterrorism Center. 

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

Center.’’. 

SEC. 405. PLAN TO IMPLEMENT RECOMMENDATIONS OF THE DATA 

CENTER ENERGY EFFICIENCY REPORTS. 

(a) PLAN.—The Director of National Intelligence shall develop 

a plan to implement the recommendations of the report submitted 

to Congress under section 1 of the Act entitled ‘‘An Act to study 

and promote the use of energy efficient computer servers in the 

United States’’ (Public Law 109–431; 120 Stat. 2920) across the 

intelligence community. 

(b) REPORT.— 

(1) IN GENERAL.—Not later then February 1, 2008, the 

Director of National Intelligence shall submit to the congressional intelligence committees a report containing the plan 

developed under subsection (a). 

(2) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex. 

SEC. 406. COMPREHENSIVE LISTING OF SPECIAL ACCESS PROGRAMS. 

Not later than February 1, 2008, the Director of National 

Intelligence shall submit to the congressional intelligence committees a classified comprehensive listing of all special access programs 

under the National Intelligence Program (as defined in section 

3(6) of the National Security Act of 1947 (50 U.S.C. 401a(6))). 

Such listing may be submitted in a form or forms consistent with 

the protection of national security. 

SEC. 407. REPORTS ON THE NUCLEAR PROGRAMS OF IRAN AND NORTH 

KOREA. 

(a) REQUIREMENT FOR REPORTS.—Not less frequently than once 

during fiscal year 2008 and twice during fiscal year 2009, the 

Director of National Intelligence shall submit to the congressional 

intelligence committees a report on the intentions and capabilities 

of the Islamic Republic of Iran and the Democratic People’s Republic 

of Korea, with regard to the nuclear programs of each such country. 

(b) CONTENT.—Each report submitted by subsection (a) shall 

include, with respect of the Islamic Republic of Iran and the Democratic People’s Republic of Korea— 

(1) an assessment of nuclear weapons programs of each 

such country; 

(2) an evaluation, consistent with existing reporting standards and practices, of the sources upon which the intelligence 

used to prepare the assessment described in paragraph (1) 

is based, including the number of such sources and an assessment of the reliability of each such source; 
H. R. 2082—30 

(3) a summary of any intelligence related to any such 

program gathered or developed since the previous report was 

submitted under subsection (a), including intelligence collected 

from both open and clandestine sources for each such country; 

and 

(4) a discussion of any dissents, caveats, gaps in knowledge, 

or other information that would reduce confidence in the assessment described in paragraph (1). 

(c) NATIONAL INTELLIGENCE ESTIMATE.—The Director of 

National Intelligence may submit a National Intelligence Estimate 

on the intentions and capabilities of the Islamic Republic of Iran 

and the Democratic People’s Republic of Korea in lieu of a report 

required by subsection (a). 

(d) FORM.—Each report submitted under subsection (a) may 

be submitted in classified form. 

SEC. 408. REQUIREMENTS FOR ACCOUNTABILITY REVIEWS BY THE 

DIRECTOR OF NATIONAL INTELLIGENCE. 

(a) RESPONSIBILITY OF THE DIRECTOR OF NATIONAL INTEL- LIGENCE.—Subsection (b) of section 102 of the National Security 

Act of 1947 (50 U.S.C. 403) is amended— 

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

(2) in paragraph (3)— 

(A) by striking ‘‘2004,’’ and inserting ‘‘2004 (50 U.S.C. 

403 note),’’; and 

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

a semicolon and ‘‘and’’; and 

(3) by inserting after paragraph (3), the following new 

paragraph: 

‘‘(4) conduct accountability reviews of elements of the intelligence community and the personnel of such elements, if appropriate.’’. 

(b) TASKING AND OTHER AUTHORITIES.—Subsection (f) of section 

102A of such Act (50 U.S.C. 403–1) is amended— 

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

(8) and (9), respectively; and 

(2) by inserting after paragraph (6), the following new 

paragraph: 

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

Director determines it is necessary, or may, if requested by a 

congressional intelligence committee, conduct accountability reviews 

of elements of the intelligence community or the personnel of such 

elements in relation to significant failures or deficiencies within 

the intelligence community. 

‘‘(B) The Director of National Intelligence, in consultation with 

the Attorney General, shall establish guidelines and procedures 

for conducting accountability reviews under subparagraph (A). 

‘‘(C) The requirements of this paragraph shall not limit any 

authority of the Director of National Intelligence under subsection 

(m) or with respect to supervision of the Central Intelligence 

Agency.’’. 

SEC. 409. MODIFICATION OF LIMITATION ON DELEGATION BY THE 

DIRECTOR OF NATIONAL INTELLIGENCE OF THE PROTECTION OF INTELLIGENCE SOURCES AND METHODS. 

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

U.S.C. 403–1(i)(3)) is amended by inserting before the period the 
H. R. 2082—31 

following: ‘‘or the Chief Information Officer of the Intelligence 

Community’’. 

SEC. 410. AUTHORITIES FOR INTELLIGENCE INFORMATION SHARING. 

(a) AUTHORITIES FOR INTERAGENCY FUNDING.—Section 

102A(g)(1) of the National Security Act of 1947 (50 U.S.C. 403– 

1(g)(1)) is amended— 

(1) in subparagraph (E), by striking ‘‘and’’ at the end; 

(2) in subparagraph (F), by striking the period and inserting 

a semicolon; and 

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

‘‘(G) in carrying out this subsection, without regard to 

any other provision of law (other than this Act and the National 

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

108–458; 118 Stat. 3643)), expend funds and make funds available to other departments or agencies of the United States 

for, and direct the development and fielding of, systems of 

common concern related to the collection, processing, analysis, 

exploitation, and dissemination of intelligence information; and 

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

information sharing or access capabilities, have the authority 

to transfer funds appropriated for a program within the 

National Intelligence Program to a program funded by appropriations not within the National Intelligence Program, consistent with paragraphs (3) through (7) of subsection (d).’’. 

(b) AUTHORITIES OF HEADS OF OTHER DEPARTMENTS AND AGEN- CIES.—Notwithstanding any other provision of law, the head of 

any department or agency of the United States is authorized to 

receive and utilize funds made available to the department or 

agency by the Director of National Intelligence pursuant to section 

102A(g)(1) of the National Security Act of 1947 (50 U.S.C. 403– 

1(g)(1)), as amended by subsection (a), and receive and utilize 

any system referred to in such section that is made available 

to the department or agency. 

(c) REPORTS.— (1) REQUIREMENT FOR REPORTS.—Not later than February 

1 of each of the fiscal years 2009 through 2012, the Director 

of National Intelligence shall submit to the congressional intelligence committees a report detailing the distribution of funds 

and systems during the preceding fiscal year pursuant to 

subparagraph (G) or (H) of section 102A(g)(1) of the National 

Security Act of 1947 (50 U.S.C. 403–1(g)(1)), as added by subsection (a). 

(2) CONTENT.—Each such report shall include— 

(A) a listing of the agencies or departments to which 

such funds or systems were distributed; 

(B) a description of the purpose for which such funds 

or systems were distributed; and 

(C) a description of the expenditure of such funds, 

and the development, fielding, and use of such systems 

by the receiving agency or department. 

SEC. 411. AUTHORITIES OF THE DIRECTOR OF NATIONAL INTELLIGENCE FOR INTERAGENCY FUNDING. 

(a) IN GENERAL.—Section 102A of the National Security Act 

of 1947 (50 U.S.C. 403–1), as amended by sections 303 and 304 

of this Act, is further amended by adding at the end the following 

new subsection: 
H. R. 2082—32 

‘‘(u) AUTHORITIES FOR INTERAGENCY FUNDING.—(1) Notwithstanding section 1346 of title 31, United States Code, or any other 

provision of law prohibiting the interagency financing of activities 

described in subparagraph (A) or (B), upon the request of the 

Director of National Intelligence, any element of the intelligence 

community may use appropriated funds to support or participate 

in the interagency activities of the following: 

‘‘(A) National intelligence centers established by the 

Director under section 119B. 

‘‘(B) Boards, commissions, councils, committees, and similar 

groups that are established— 

‘‘(i) for a term of not more than 2 years; and 

‘‘(ii) by the Director. 

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

of the Intelligence Authorization Act for Fiscal Year 2008 shall 

be construed to limit or supersede the authority in paragraph 

(1) unless such provision makes specific reference to the authority 

in that paragraph.’’. 

(b) REPORTS.—Not later than February 1 of each of the fiscal 

years 2009 through 2012, the Director of National Intelligence 

shall submit to the congressional intelligence committees a report 

detailing the exercise of any authority pursuant to subsection (u) 

of section 102A of the National Security Act of 1947 (50 U.S.C. 

403–1), as amended by subsection (a), during the preceding fiscal 

year. 

SEC. 412. TITLE OF CHIEF INFORMATION OFFICER OF THE INTELLIGENCE COMMUNITY. 

Section 103G of the National Security Act of 1947 (50 U.S.C. 

403–3g) is amended— 

(1) in subsection (a), by inserting ‘‘of the Intelligence 

Community’’ after ‘‘Chief Information Officer’’; 

(2) in subsection (b), by inserting ‘‘of the Intelligence 

Community’’ after ‘‘Chief Information Officer’’; 

(3) in subsection (c), by inserting ‘‘of the Intelligence 

Community’’ after ‘‘Chief Information Officer’’; and 

(4) in subsection (d), by inserting ‘‘of the Intelligence 

Community’’ after ‘‘Chief Information Officer’’ the first place 

it appears. 

SEC. 413. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY. 

(a) ESTABLISHMENT.— 

(1) IN GENERAL.—Title I of the National Security Act of 

1947 (50 U.S.C. 402 et seq.) is amended by inserting after 

section 103G the following new section: 

‘‘INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY

‘‘SEC. 103H. (a) OFFICE OF INSPECTOR GENERAL OF INTEL- LIGENCE COMMUNITY.—There is within the Office of the Director 

of National Intelligence an Office of the Inspector General of the 

Intelligence Community. 

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

‘‘(1) create an objective and effective office, appropriately 

accountable to Congress, to initiate and conduct independently 

investigations, inspections, and audits on matters within the 
H. R. 2082—33 

responsibility and authority of the Director of National Intelligence; 

‘‘(2) recommend policies designed— 

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

in the administration and implementation of matters 

within the responsibility and authority of the Director of 

National Intelligence; and 

‘‘(B) to prevent and detect fraud and abuse in such 

matters; 

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

Intelligence fully and currently informed about— 

‘‘(A) problems and deficiencies relating to matters 

within the responsibility and authority of the Director of 

National Intelligence; and 

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

actions; and 

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

the congressional intelligence committees are kept similarly 

informed of— 

‘‘(A) significant problems and deficiencies relating to 

matters within the responsibility and authority of the 

Director of National Intelligence; and 

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

actions. 

‘‘(c) INSPECTOR GENERAL OF INTELLIGENCE COMMUNITY.—(1) 

There is an Inspector General of the Intelligence Community, who 

shall be the head of the Office of the Inspector General of the 

Intelligence Community, who shall be appointed by the President, 

by and with the advice and consent of the Senate. 

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

Inspector General shall be made— 

‘‘(A) without regard to political affiliation; 

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

security standards of the intelligence community, and prior 

experience in the field of intelligence or national security; and 

‘‘(C) on the basis of demonstrated ability in accounting, 

financial analysis, law, management analysis, public administration, or auditing. 

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

the general supervision of the Director of National Intelligence. 

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

by the President. The President shall immediately communicate 

in writing to the congressional intelligence committees the reasons 

for the removal of any individual from the position of Inspector 

General. 

‘‘(d) DUTIES AND RESPONSIBILITIES.—Subject to subsections (g) 

and (h), it shall be the duty and responsibility of the Inspector 

General of the Intelligence Community— 

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

supervise, and coordinate independently, the investigations, 

inspections, and audits relating to matters within the responsibility and authority of the Director of National Intelligence 

to ensure they are conducted efficiently and in accordance 

with applicable law and regulations; 

‘‘(2) to keep the Director of National Intelligence fully and 

currently informed concerning violations of law and regulations, 

violations of civil liberties and privacy, fraud and other serious 
H. R. 2082—34 

problems, abuses, and deficiencies that may occur in matters 

within the responsibility and authority of the Director, and 

to report the progress made in implementing corrective action; 

‘‘(3) to take due regard for the protection of intelligence 

sources and methods in the preparation of all reports issued 

by the Inspector General, and, to the extent consistent with 

the purpose and objective of such reports, take such measures 

as may be appropriate to minimize the disclosure of intelligence 

sources and methods described in such reports; and 

‘‘(4) in the execution of the duties and responsibilities under 

this section, to comply with generally accepted government 

auditing standards. 

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

Intelligence may prohibit the Inspector General of the Intelligence 

Community from initiating, carrying out, or completing any investigation, inspection, or audit if the Director determines that such 

prohibition is necessary to protect vital national security interests 

of the United States. 

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

(1), the Director shall submit an appropriately classified statement 

of the reasons for the exercise of such authority within 7 days 

to the congressional intelligence committees. 

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

time a report under paragraph (2) is submitted, and, to the extent 

consistent with the protection of intelligence sources and methods, 

provide the Inspector General with a copy of such report. 

‘‘(4) The Inspector General may submit to the congressional 

intelligence committees any comments on a report of which the 

Inspector General has notice under paragraph (3) that the Inspector 

General considers appropriate. 

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

Community shall have direct and prompt access to the Director 

of National Intelligence when necessary for any purpose pertaining 

to the performance of the duties of the Inspector General. 

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

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

intelligence community whose testimony is needed for the performance of the duties of the Inspector General. 

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

records, reports, audits, reviews, documents, papers, recommendations, or other material which relate to the programs and operations 

with respect to which the Inspector General has responsibilities 

under this section. 

‘‘(C) The level of classification or compartmentation of information shall not, in and of itself, provide a sufficient rationale for 

denying the Inspector General access to any materials under 

subparagraph (B). 

‘‘(D) Failure on the part of any employee, or any employee 

of a contractor, of any element of the intelligence community to 

cooperate with the Inspector General shall be grounds for appropriate administrative actions by the Director or, on the recommendation of the Director, other appropriate officials of the 

intelligence community, including loss of employment or the termination of an existing contractual relationship. 

‘‘(3) The Inspector General is authorized to receive and investigate complaints or information from any person concerning the 

existence of an activity constituting a violation of laws, rules, or 
H. R. 2082—35 

regulations, or mismanagement, gross waste of funds, abuse of 

authority, or a substantial and specific danger to the public health 

and safety. Once such complaint or information has been received 

from an employee of the Federal Government— 

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

of the employee without the consent of the employee, unless 

the Inspector General determines that such disclosure is 

unavoidable during the course of the investigation or the disclosure is made to an official of the Department of Justice responsible for determining whether a prosecution should be undertaken; and 

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

for making such complaint may be taken by any employee 

in a position to take such actions, unless the complaint was 

made or the information was disclosed with the knowledge 

that it was false or with willful disregard for its truth or 

falsity. 

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

to or take from any person an oath, affirmation, or affidavit, whenever necessary in the performance of the duties of the Inspector 

General, which oath, affirmation, or affidavit when administered 

or taken by or before an employee of the Office of the Inspector 

General of the Intelligence Community designated by the Inspector 

General shall have the same force and effect as if administered 

or taken by, or before, an officer having a seal. 

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

General is authorized to require by subpoena the production of 

all information, documents, reports, answers, records, accounts, 

papers, and other data and documentary evidence necessary in 

the performance of the duties and responsibilities of the Inspector 

General. 

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

of the United States Government, the Inspector General shall obtain 

information, documents, reports, answers, records, accounts, papers, 

and other data and evidence for the purpose specified in subparagraph (A) using procedures other than by subpoenas. 

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

or on behalf of, any other element of the intelligence community, 

including the Office of the Director of National Intelligence. 

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

issued under this paragraph, the subpoena shall be enforceable 

by order of any appropriate district court of the United States. 

‘‘(g) COORDINATION AMONG INSPECTORS GENERAL OF INTELLIGENCE COMMUNITY.—(1)(A) In the event of a matter within the 

jurisdiction of the Inspector General of the Intelligence Community 

that may be subject to an investigation, inspection, or audit by 

both the Inspector General of the Intelligence Community and 

an Inspector General, whether statutory or administrative, with 

oversight responsibility for an element or elements of the intelligence community, the Inspector General of the Intelligence 

Community and such other Inspector or Inspectors General shall 

expeditiously resolve the question of which Inspector General shall 

conduct such investigation, inspection, or audit. 

‘‘(B) In attempting to resolve a question under subparagraph 

(A), the Inspectors General concerned may request the assistance 

of the Intelligence Community Inspectors General Forum established under subparagraph (C). In the event of a dispute between 
H. R. 2082—36 

an Inspector General within an agency or department of the United 

States Government and the Inspector General of the Intelligence 

Community that has not been resolved with the assistance of the 

Forum, the Inspectors General shall submit the question to the 

Director of National Intelligence and the head of the agency or 

department for resolution. 

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

General Forum which shall consist of all statutory or administrative 

Inspectors General with oversight responsibility for an element 

or elements of the intelligence community. The Inspector General 

of the Intelligence Community shall serve as the chair of the Forum. 

The Forum shall have no administrative authority over any 

Inspector General, but shall serve as a mechanism for informing 

its members of the work of individual members of the Forum 

that may be of common interest and discussing questions about 

jurisdiction or access to employees, employees of a contractor, 

records, audits, reviews, documents, recommendations, or other 

materials that may involve or be of assistance to more than 1 

of its members. 

‘‘(2) The Inspector General conducting an investigation, inspection, or audit covered by paragraph (1) shall submit the results 

of such investigation, inspection, or audit to any other Inspector 

General, including the Inspector General of the Intelligence Community, with jurisdiction to conduct such investigation, inspection, 

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

audit. 

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

of the Intelligence Community shall be provided with appropriate 

and adequate office space at central and field office locations, 

together with such equipment, office supplies, maintenance services, 

and communications facilities and services as may be necessary 

for the operation of such offices. 

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

of National Intelligence, the Inspector General shall select, appoint, 

and employ such officers and employees as may be necessary to 

carry out the functions of the Inspector General. The Inspector 

General shall ensure that any officer or employee so selected, 

appointed, or employed has security clearances appropriate for the 

assigned duties of such officer or employee. 

‘‘(B) In making selections under subparagraph (A), the Inspector 

General shall ensure that such officers and employees have the 

requisite training and experience to enable the Inspector General 

to carry out the duties of the Inspector General effectively. 

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

Inspector General shall create within the Office of the Inspector 

General of the Intelligence Community a career cadre of sufficient 

size to provide appropriate continuity and objectivity needed for 

the effective performance of the duties of the Inspector General. 

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

General may request such information or assistance as may be 

necessary for carrying out the duties and responsibilities of the 

Inspector General from any department, agency, or other element 

of the United States Government. 

‘‘(B) Upon request of the Inspector General for information 

or assistance under subparagraph (A), the head of the department, 

agency, or element concerned shall, insofar as is practicable and 
H. R. 2082—37 

not in contravention of any existing statutory restriction or regulation of the department, agency, or element, furnish to the Inspector 

General, or to an authorized designee, such information or assistance. 

‘‘(C) The Inspector General of the Intelligence Community may, 

upon reasonable notice to the head of any element of the intelligence 

community, conduct, as authorized by this section, an investigation, 

inspection, or audit of such element and may enter into any place 

occupied by such element for purposes of the performance of the 

duties of the Inspector General. 

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

Community shall, not later than January 31 and July 31 of each 

year, prepare and submit to the Director of National Intelligence 

a classified, and, as appropriate, unclassified semiannual report 

summarizing the activities of the Office of the Inspector General 

of the Intelligence Community during the immediately preceding 

6-month period ending December 31 (of the preceding year) and 

June 30, respectively. The Inspector General of the Intelligence 

Community shall provide any portion of the report involving a 

component of a department of the United States Government to 

the head of that department simultaneously with submission of 

the report to the Director of National Intelligence. 

‘‘(B) Each report under this paragraph shall include, at a minimum, the following: 

‘‘(i) A list of the title or subject of each investigation, 

inspection, or audit conducted during the period covered by 

such report, including a summary of the progress of each particular investigation, inspection, or audit since the preceding 

report of the Inspector General under this paragraph. 

‘‘(ii) A description of significant problems, abuses, and deficiencies relating to the administration and implementation of 

programs and operations of the intelligence community, and 

in the relationships between elements of the intelligence 

community, identified by the Inspector General during the 

period covered by such report. 

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

or disciplinary action made by the Inspector General during 

the period covered by such report with respect to significant 

problems, abuses, or deficiencies identified in clause (ii). 

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

action has been completed on each significant recommendation 

described in previous semiannual reports, and, in a case where 

corrective action has been completed, a description of such 

corrective action. 

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

has had full and direct access to all information relevant to 

the performance of the functions of the Inspector General. 

‘‘(vi) A description of the exercise of the subpoena authority 

under subsection (f)(5) by the Inspector General during the 

period covered by such report. 

‘‘(vii) Such recommendations as the Inspector General considers appropriate for legislation to promote economy, efficiency, 

and effectiveness in the administration and implementation 

of matters within the responsibility and authority of the 

Director of National Intelligence, and to detect and eliminate 

fraud and abuse in such matters. 
H. R. 2082—38 

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

a report under subparagraph (A), the Director shall transmit the 

report to the congressional intelligence committees together with 

any comments the Director considers appropriate. The Director 

shall transmit to the committees of the Senate and of the House 

of Representatives with jurisdiction over a department of the United 

States Government any portion of the report involving a component 

of such department simultaneously with submission of the report 

to the congressional intelligence committees. 

‘‘(2)(A) The Inspector General shall report immediately to the 

Director whenever the Inspector General becomes aware of particularly serious or flagrant problems, abuses, or deficiencies relating 

to matters within the responsibility and authority of the Director 

of National Intelligence. 

‘‘(B) The Director shall transmit to the congressional intelligence committees each report under subparagraph (A) within 7 

calendar days of receipt of such report, together with such comments 

as the Director considers appropriate. The Director shall transmit 

to the committees of the Senate and of the House of Representatives 

with jurisdiction over a department of the United States Government any portion of each report under subparagraph (A) that 

involves a problem, abuse, or deficiency related to a component 

of such department simultaneously with transmission of the report 

to the congressional intelligence committees. 

‘‘(3) In the event that— 

‘‘(A) the Inspector General is unable to resolve any differences with the Director affecting the execution of the duties 

or responsibilities of the Inspector General; 

‘‘(B) an investigation, inspection, or audit carried out by 

the Inspector General focuses on any current or former intelligence community official who— 

‘‘(i) holds or held a position in an element of the intelligence community that is subject to appointment by the 

President, whether or not by and with the advice and 

consent of the Senate, including such a position held on 

an acting basis; 

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

intelligence community, including a position held on an 

acting basis, that is appointed by the Director of National 

Intelligence; or 

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

of the intelligence community or a position covered by 

subsection (b) or (c) of section 106; 

‘‘(C) a matter requires a report by the Inspector General 

to the Department of Justice on possible criminal conduct by 

a current or former official described in subparagraph (B); 

‘‘(D) the Inspector General receives notice from the Department of Justice declining or approving prosecution of possible 

criminal conduct of any current or former official described 

in subparagraph (B); or 

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

alternatives, is unable to obtain significant documentary 

information in the course of an investigation, inspection, or 

audit, 

the Inspector General shall immediately notify and submit a report 

on such matter to the congressional intelligence committees. 
H. R. 2082—39 

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

congressional intelligence committees any report or findings and 

recommendations of an investigation, inspection, or audit conducted 

by the office which has been requested by the Chairman or Vice 

Chairman or Ranking Minority Member of either committee. 

‘‘(5)(A) An employee of an element of the intelligence community, an employee assigned or detailed to an element of the intelligence community, or an employee of a contractor to the intelligence 

community who intends to report to Congress a complaint or 

information with respect to an urgent concern may report such 

complaint or information to the Inspector General. 

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

beginning on the date of receipt from an employee of a complaint 

or information under subparagraph (A), the Inspector General shall 

determine whether the complaint or information appears credible. 

Upon making such a determination, the Inspector General shall 

transmit to the Director a notice of that determination, together 

with the complaint or information. 

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

under subparagraph (B), the Director shall, within 7 calendar days 

of such receipt, forward such transmittal to the congressional intelligence committees, together with any comments the Director considers appropriate. 

‘‘(D)(i) If the Inspector General does not find credible under 

subparagraph (B) a complaint or information submitted under 

subparagraph (A), or does not transmit the complaint or information 

to the Director in accurate form under subparagraph (B), the 

employee (subject to clause (ii)) may submit the complaint or 

information to Congress by contacting either or both of the congressional intelligence committees directly. 

‘‘(ii) An employee may contact the intelligence committees 

directly as described in clause (i) only if the employee— 

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

through the Inspector General, a statement of the employee’s 

complaint or information and notice of the employee’s intent 

to contact the congressional intelligence committees directly; 

and 

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

Inspector General, direction on how to contact the intelligence 

committees in accordance with appropriate security practices. 

‘‘(iii) A member or employee of 1 of the congressional intelligence committees who receives a complaint or information under 

clause (i) does so in that member or employee’s official capacity 

as a member or employee of such committee. 

‘‘(E) The Inspector General shall notify an employee who reports 

a complaint or information to the Inspector General under this 

paragraph of each action taken under this paragraph with respect 

to the complaint or information. Such notice shall be provided 

not later than 3 days after any such action is taken. 

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

under this paragraph shall not be subject to judicial review. 

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

of the following: 

‘‘(i) A serious or flagrant problem, abuse, violation of law 

or Executive order, or deficiency relating to the funding, 

administration, or operation of an intelligence activity involving 
H. R. 2082—40 

classified information, but does not include differences of opinions concerning public policy matters. 

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

from Congress, on an issue of material fact relating to the 

funding, administration, or operation of an intelligence activity. 

‘‘(iii) An action, including a personnel action described in 

section 2302(a)(2)(A) of title 5, United States Code, constituting 

reprisal or threat of reprisal prohibited under subsection 

(f)(3)(B) of this section in response to an employee’s reporting 

an urgent concern in accordance with this paragraph. 

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

set forth in paragraphs (1) through (6) of section 701(b) of the 

Intelligence Community Whistleblower Protection Act of 1998 (title 

VII of Public Law 105–272; 5 U.S.C. App. 8H note). 

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

Code, the Inspector General shall report to the Attorney General 

any information, allegation, or complaint received by the Inspector 

General relating to violations of Federal criminal law that involves 

a program or operation of an element of the intelligence community, 

or in the relationships between the elements of the intelligence 

community, consistent with such guidelines as may be issued by 

the Attorney General pursuant to subsection (b)(2) of such section. 

A copy of each such report shall be furnished to the Director. 

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

Intelligence shall, in accordance with procedures to be issued by 

the Director in consultation with the congressional intelligence 

committees, include in the National Intelligence Program budget 

a separate account for the Office of Inspector General of the Intelligence Community. 

‘‘(k) CONSTRUCTION OF DUTIES REGARDING ELEMENTS OF INTELLIGENCE COMMUNITY.—Except as resolved pursuant to subsection 

(g), the performance by the Inspector General of the Intelligence 

Community of any duty, responsibility, or function regarding an 

element of the intelligence community shall not be construed to 

modify or effect the duties and responsibilities of any other Inspector 

General, whether statutory or administrative, having duties and 

responsibilities relating to such element.’’. 

(2) CLERICAL AMENDMENT.—The table of contents in the 

first section of the National Security Act of 1947 is amended 

by inserting after the item relating to section 103G the following 

new item: 

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

(b) REPEAL OF SUPERSEDED AUTHORITY TO ESTABLISH POSITION.—Section 8K of the Inspector General Act of 1978 (5 U.S.C. 

App.) is repealed. 

(c) EXECUTIVE SCHEDULE LEVEL IV.—Section 5315 of title 5, 

United States Code, is amended by adding at the end the following 

new item: 

‘‘Inspector General of the Intelligence Community.’’. 

SEC. 414. ANNUAL REPORT ON FOREIGN LANGUAGE PROFICIENCY IN 

THE INTELLIGENCE COMMUNITY. 

(a) REPORT.— 

(1) IN GENERAL.—Title V of the National Security Act of 

1947 (50 U.S.C. 413 et seq.), as amended by title III of this 
H. R. 2082—41 

Act, is further amended by adding at the end the following 

new section: 

‘‘REPORT ON FOREIGN LANGUAGE PROFICIENCY IN THE INTELLIGENCE

COMMUNITY

‘‘SEC. 508. Not later than February 1 of each year, the Director 

of National Intelligence shall submit to the congressional intelligence committees a report on the proficiency in foreign languages 

and, if appropriate, in foreign dialects of each element of the intelligence community, including— 

‘‘(1) the number of positions authorized for such element 

that require foreign language proficiency and the level of proficiency required; 

‘‘(2) an estimate of the number of such positions that each 

element will require during the 5-year period beginning on 

the date of the submission of the report; 

‘‘(3) the number of positions authorized for such element 

that require foreign language proficiency that are filled by— 

‘‘(A) military personnel; and 

‘‘(B) civilian personnel; 

‘‘(4) the number of applicants for positions in such element 

in the previous fiscal year that indicated foreign language proficiency, including the foreign language indicated and the proficiency level; 

‘‘(5) the number of persons hired by such element with 

foreign language proficiency, including the foreign language 

and proficiency level; 

‘‘(6) the number of personnel of such element currently 

attending foreign language training, including the provider of 

such training; 

‘‘(7) a description of such element’s efforts to recruit, hire, 

train, and retain personnel that are proficient in a foreign 

language; 

‘‘(8) an assessment of methods and models for basic, 

advanced, and intensive foreign language training; 

‘‘(9) for each foreign language and, where appropriate, dialect of a foreign language— 

‘‘(A) the number of positions of such element that 

require proficiency in the foreign language or dialect; 

‘‘(B) the number of personnel of such element that 

are serving in a position that— 

‘‘(i) requires proficiency in the foreign language 

or dialect to perform the primary duty of the position; 

and 

‘‘(ii) does not require proficiency in the foreign 

language or dialect to perform the primary duty of 

the position; 

‘‘(C) the number of personnel of such element rated 

at each level of proficiency of the Interagency Language 

Roundtable; 

‘‘(D) whether the number of personnel at each level 

of proficiency of the Interagency Language Roundtable 

meets the requirements of such element; 

‘‘(E) the number of personnel serving or hired to serve 

as linguists for such element that are not qualified as 

linguists under the standards of the Interagency Language 

Roundtable; 
H. R. 2082—42 

‘‘(F) the number of personnel hired to serve as linguists 

for such element during the preceding calendar year; 

‘‘(G) the number of personnel serving as linguists that 

discontinued serving such element during the preceding 

calendar year; 

‘‘(H) the percentage of work requiring linguistic skills 

that is fulfilled by an ally of the United States; and 

‘‘(I) the percentage of work requiring linguistic skills 

that is fulfilled by contractors; 

‘‘(10) an assessment of the foreign language capacity and 

capabilities of the intelligence community as a whole; and 

‘‘(11) recommendations for eliminating required reports 

relating to foreign-language proficiency that the Director of 

National Intelligence considers outdated or no longer relevant.’’. 

(2) REPORT DATE.—Section 507(a)(1) of such Act (50 U.S.C. 

415b(a)(1)), as amended by section 328(f) of this Act, is further 

amended by adding at the end the following new subparagraph: 

‘‘(M) The annual report on foreign language proficiency 

in the intelligence community required by section 508.’’. 

(b) CONFORMING AMENDMENT.—The table of contents in the 

first section of such Act is further amended by inserting after 

the item relating to section 507 the following new item: 

‘‘Sec. 508. Report on foreign language proficiency in the intelligence community.’’. 

SEC. 415. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON 

RETIREMENT BENEFITS FOR FORMER EMPLOYEES OF AIR 

AMERICA. 

(a) IN GENERAL.—Not later than 120 days after the date of 

the enactment of this Act, the Director of National Intelligence 

shall submit to Congress a report on the advisability of providing 

Federal retirement benefits to United States citizens for the service 

of such individuals before 1977 as employees of Air America or 

an associated company while such company was owned or controlled 

by the United States Government and operated or managed by 

the Central Intelligence Agency. 

(b) REPORT ELEMENTS.— 

(1) IN GENERAL.—The report required by subsection (a) 

shall include the following: 

(A) The history of Air America and associated companies 

before 1977, including a description of— 

(i) the relationship between such companies and the 

Central Intelligence Agency and other elements of the 

United States Government; 

(ii) the workforce of such companies; 

(iii) the missions performed by such companies and 

their employees for the United States; and 

(iv) the casualties suffered by employees of such companies in the course of their employment with such companies. 

(B) A description of the retirement benefits contracted for 

or promised to the employees of such companies before 1977, 

the contributions made by such employees for such benefits, 

the retirement benefits actually paid such employees, the 

entitlement of such employees to the payment of future retirement benefits, and the likelihood that former employees of 

such companies will receive any future retirement benefits. 

(C) An assessment of the difference between— 
H. R. 2082—43 

(i) the retirement benefits that former employees of 

such companies have received or will receive by virtue 

of their employment with such companies; and 

(ii) the retirement benefits that such employees would 

have received and in the future receive if such employees 

had been, or would now be, treated as employees of the 

United States whose services while in the employ of such 

companies had been or would now be credited as Federal 

service for the purpose of Federal retirement benefits. 

(D) Any recommendations regarding the advisability of 

legislative action to treat employment at such companies as 

Federal service for the purpose of Federal retirement benefits 

in light of the relationship between such companies and the 

United States Government and the services and sacrifices of 

such employees to and for the United States, and if legislative 

action is considered advisable, a proposal for such action and 

an assessment of its costs. 

(2) OTHER CONTENT.—The Director of National Intelligence 

shall include in the report any views of the Director of the Central 

Intelligence Agency on the matters covered by the report that 

the Director of the Central Intelligence Agency considers appropriate. 

(c) ASSISTANCE OF COMPTROLLER GENERAL.—The Comptroller 

General of the United States shall, upon the request of the Director 

of National Intelligence and in a manner consistent with the protection of classified information, assist the Director in the preparation 

of the report required by subsection (a). 

(d) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

(e) DEFINITIONS.—In this section: 

(1) AIR AMERICA.—The term ‘‘Air America’’ means Air 

America, Incorporated. 

(2) ASSOCIATED COMPANY.—The term ‘‘associated company’’ 

means any company associated with or subsidiary to Air 

America, including Air Asia Company Limited and the Pacific 

Division of Southern Air Transport, Incorporated. 

SEC. 416. SPACE INTELLIGENCE. 

Section 102A of the National Security Act of 1947 (50 U.S.C. 

403–1) as amended by sections 303, 304, and 411 of this Act, 

is further amended by adding at the end the following new subsection: 

‘‘(v) CONSIDERATION OF SPACE INTELLIGENCE.— 

‘‘(1) IN GENERAL.—The Director of National Intelligence 

shall require that space-intelligence related issues and concerns 

are fully considered in carrying out the authorities of the intelligence community under this Act and under other provisions 

of law, including in carrying out— 

‘‘(A) the responsibilities and authorities described 

under subsections (f), (h), and (q); and 

‘‘(B) the creation of policy, and in the recruitment, 

hiring, training, and retention of personnel. 

‘‘(2) ADDITIONAL CONSIDERATIONS.—The Director of 

National Intelligence shall ensure that agencies give due consideration to the vulnerability assessment prepared for a given 

major system, as required in section 506C of this Act, at all 

stages of architecture and system planning, development, 
H. R. 2082—44 

acquisition, operation, and support of a space-intelligence 

system.’’. 

SEC. 417. OPERATIONAL FILES IN THE OFFICE OF THE DIRECTOR 

OF NATIONAL INTELLIGENCE. 

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

1947 (50 U.S.C. 431 et seq.) is amended by adding at the end 

the following new section: 

‘‘OPERATIONAL FILES IN THE OFFICE OF THE DIRECTOR OF NATIONAL

INTELLIGENCE

‘‘SEC. 706. (a) RECORDS FROM EXEMPTED OPERATIONAL FILES.— (1) Any record disseminated or otherwise provided to an element 

of the Office of the Director of National Intelligence from the 

exempted operational files of elements of the intelligence community 

designated in accordance with this title, and any operational files 

created by the Office of the Director of National Intelligence that 

incorporate such record in accordance with subparagraph (A)(ii), 

shall be exempted from the provisions of section 552 of title 5, 

United States Code that require search, review, publication, or 

disclosure in connection therewith, in any instance in which— 

‘‘(A)(i) such record is shared within the Office of the 

Director of National Intelligence and not disseminated by that 

Office beyond that Office; or 

‘‘(ii) such record is incorporated into new records created 

by personnel of the Office of the Director of National Intelligence and maintained in operational files of the Office of 

the Director of National Intelligence and such record is not 

disseminated by that Office beyond that Office; and 

‘‘(B) the operational files from which such record has been 

obtained continue to remain designated as operational files 

exempted from section 552 of title 5, United States Code. 

‘‘(2) The operational files of the Office of the Director of National 

Intelligence referred to in paragraph (1)(A)(ii) shall be substantially 

similar in nature to the originating operational files from which 

the record was disseminated or provided, as such files are defined 

in this title. 

‘‘(3) Records disseminated or otherwise provided to the Office 

of the Director of National Intelligence from other elements of 

the intelligence community that are not protected by paragraph 

(1), and that are authorized to be disseminated beyond the Office 

of the Director of National Intelligence, shall remain subject to 

search and review under section 552 of title 5, United States Code, 

but may continue to be exempted from the publication and disclosure provisions of that section by the originating agency to the 

extent that such section permits. 

‘‘(4) Notwithstanding any other provision of this title, records 

in the exempted operational files of the Central Intelligence Agency, 

the National Geospatial-Intelligence Agency, the National Reconnaissance Office, the National Security Agency, or the Defense 

Intelligence Agency shall not be subject to the search and review 

provisions of section 552 of title 5, United States Code, solely 

because they have been disseminated to an element or elements 

of the Office of the Director of National Intelligence, or referenced 

in operational files of the Office of the Director of National Intelligence and that are not disseminated beyond the Office of the 

Director of National Intelligence. 
H. R. 2082—45 

‘‘(5) Notwithstanding any other provision of this title, the incorporation of records from the operational files of the Central Intelligence Agency, the National Geospatial-Intelligence Agency, the 

National Reconnaissance Office, the National Security Agency, or 

the Defense Intelligence Agency, into operational files of the Office 

of the Director of National Intelligence shall not subject that record 

or the operational files of the Central Intelligence Agency, the 

National Geospatial-Intelligence Agency, the National Reconnaissance Office, the National Security Agency or the Defense Intelligence Agency to the search and review provisions of section 552 

of title 5, United States Code. 

‘‘(b) OTHER RECORDS.—(1) Files in the Office of the Director 

of National Intelligence that are not exempted under subsection 

(a) of this section which contain information derived or disseminated 

from exempted operational files shall be subject to search and 

review under section 552 of title 5, United States Code. 

‘‘(2) The inclusion of information from exempted operational 

files in files of the Office of the Director of National Intelligence 

that are not exempted under subsection (a) shall not affect the 

exemption of the originating operational files from search, review, 

publication, or disclosure. 

‘‘(3) Records from exempted operational files of the Office of 

the Director of National Intelligence which have been disseminated 

to and referenced in files that are not exempted under subsection 

(a), and which have been returned to exempted operational files 

of the Office of the Director of National Intelligence for sole retention, shall be subject to search and review. 

‘‘(c) SEARCH AND REVIEW FOR CERTAIN PURPOSES.—Notwithstanding subsection (a), exempted operational files shall continue 

to be subject to search and review for information concerning any 

of the following: 

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

permanent residence who have requested information on themselves pursuant to the provisions of section 552 or 552a of 

title 5, United States Code. 

‘‘(2) Any special activity the existence of which is not 

exempt from disclosure under the provisions of section 552 

of title 5, United States Code. 

‘‘(3) The specific subject matter of an investigation by any 

of the following for any impropriety, or violation of law, Executive order, or Presidential directive, in the conduct of an intelligence activity: 

‘‘(A) The Select Committee on Intelligence of the 

Senate. 

‘‘(B) The Permanent Select Committee on Intelligence 

of the House of Representatives. 

‘‘(C) The Intelligence Oversight Board. 

‘‘(D) The Department of Justice. 

‘‘(E) The Office of the Director of National Intelligence. 

‘‘(F) The Office of the Inspector General of the Intelligence Community. 

‘‘(d) DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES.— 

(1) Not less than once every 10 years, the Director of National 

Intelligence shall review the operational files exempted under subsection (a) to determine whether such files, or any portion of such 

files, may be removed from the category of exempted files. 
H. R. 2082—46 

‘‘(2) The review required by paragraph (1) shall include consideration of the historical value or other public interest in the subject 

matter of the particular category of files or portions thereof and 

the potential for declassifying a significant part of the information 

contained therein. 

‘‘(3) A complainant that alleges that the Director of National 

Intelligence has improperly withheld records because of failure to 

comply with this subsection may seek judicial review in the district 

court of the United States of the district in which any of the 

parties reside, or in the District of Columbia. In such a proceeding, 

the court’s review shall be limited to determining the following: 

‘‘(A) Whether the Director has conducted the review 

required by paragraph (1) before the expiration of the 10- 

year period beginning on the date of the enactment of the 

Intelligence Authorization Act for Fiscal Year 2008 or before 

the expiration of the 10-year period beginning on the date 

of the most recent review. 

‘‘(B) Whether the Director of National Intelligence, in fact, 

considered the criteria set forth in paragraph (2) in conducting 

the required review. 

‘‘(e) SUPERSEDURE OF OTHER LAWS.—The provisions of this 

section may not be superseded except by a provision of law that 

is enacted after the date of the enactment of this section and 

that specifically cites and repeals or modifies such provisions. 

‘‘(f) APPLICABILITY.—The Director of National Intelligence will 

publish a regulation listing the specific elements within the Office 

of the Director of National Intelligence whose records can be 

exempted from search and review under this section. 

‘‘(g) ALLEGATION; IMPROPER WITHHOLDING OF RECORDS; 

JUDICIAL REVIEW.—(1) Except as provided in paragraph (2), whenever any person who has requested agency records under section 

552 of title 5, United States Code, alleges that the Office of the 

Director of National Intelligence has withheld records improperly 

because of failure to comply with any provision of this section, 

judicial review shall be available under the terms set forth in 

section 552(a)(4)(B) of title 5, United States Code. 

‘‘(2) Judicial review shall not be available in the manner provided for under paragraph (1) as follows: 

‘‘(A) In any case in which information specifically authorized under criteria established by an Executive order to be 

kept secret in the interests of national defense or foreign relations is filed with, or produced for, the court by the Office 

of the Director of National Intelligence, such information shall 

be examined ex parte, in camera by the court. 

‘‘(B) The court shall determine, to the fullest extent practicable, the issues of fact based on sworn written submissions 

of the parties. 

‘‘(C) When a complainant alleges that requested records 

are improperly withheld because of improper placement solely 

in exempted operational files, the complainant shall support 

such allegation with a sworn written submission based upon 

personal knowledge or otherwise admissible evidence. 

‘‘(D)(i) When a complainant alleges that requested records 

were improperly withheld because of improper exemption of 

operational files, the Office of the Director of National Intelligence shall meet its burden under section 552(a)(4)(B) of title 

5, United States Code, by demonstrating to the court by sworn 
H. R. 2082—47 

written submission that exempted operational files likely to 

contain responsive records currently meet the criteria set forth 

in subsection (a). 

‘‘(ii) The court may not order the Office of the Director 

of National Intelligence to review the content of any exempted 

operational file or files in order to make the demonstration 

required under clause (i), unless the complainant disputes the 

Office’s showing with a sworn written submission based on 

personal knowledge or otherwise admissible evidence. 

‘‘(E) In proceedings under subparagraph (C) or (D), a party 

may not obtain discovery pursuant to rules 26 through 36 

of the Federal Rules of Civil Procedure, except that requests 

for admissions may be made pursuant to rules 26 and 36. 

‘‘(F) If the court finds under this subsection that the Office 

of the Director of National Intelligence has improperly withheld 

requested records because of failure to comply with any provision of this section, the court shall order the Office to search 

and review the appropriate exempted operational file or files 

for the requested records and make such records, or portions 

thereof, available in accordance with the provisions of section 

552 of title 5, United States Code, and such order shall be 

the exclusive remedy for failure to comply with this section. 

‘‘(G) If at any time following the filing of a complaint 

pursuant to this paragraph the Office of the Director of National 

Intelligence agrees to search the appropriate exempted operational file or files for the requested records, the court shall 

dismiss the claim based upon such complaint.’’. 

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

section of the National Security Act of 1947 is amended by inserting 

after the item relating to section 705 the following new item: 

‘‘Sec. 706. Operational files in the Office of the Director of National Intelligence.’’. 

SEC. 418. INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT 

TO ADVISORY COMMITTEES OF THE OFFICE OF THE 

DIRECTOR OF NATIONAL INTELLIGENCE. 

Section 4(b) of the Federal Advisory Committee Act (5 U.S.C. 

App.) is amended— 

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

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

‘‘; or’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(3) the Office of the Director of National Intelligence.’’. 

SEC. 419. APPLICABILITY OF THE PRIVACY ACT TO THE DIRECTOR 

OF NATIONAL INTELLIGENCE AND THE OFFICE OF THE 

DIRECTOR OF NATIONAL INTELLIGENCE. 

Subsection (j) of section 552a of title 5, United States Code, 

is amended— 

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

(2) by redesignating paragraph (2) as paragraph (3); and 

(3) by inserting after paragraph (1) the following new paragraph: 

‘‘(2) maintained by the Office of the Director of National 

Intelligence; or’’. 
H. R. 2082—48 

SEC. 420. REPEAL OF CERTAIN AUTHORITIES RELATING TO THE 

OFFICE OF THE NATIONAL COUNTERINTELLIGENCE 

EXECUTIVE. 

(a) REPEAL OF CERTAIN AUTHORITIES.—Section 904 of the 

Counterintelligence Enhancement Act of 2002 (title IX of Public 

Law 107–306; 50 U.S.C. 402c) is amended— 

(1) by striking subsections (d), (h), (i), and (j); and 

(2) by redesignating subsections (e), (f), (g), (k), (l), and 

(m) as subsections (d), (e), (f), (g), (h), and (i), respectively; 

and 

(3) in subsection (f), as redesignated by paragraph (2), 

by striking paragraphs (3) and (4). 

(b) CONFORMING AMENDMENTS.—Such section 904 is further 

amended— 

(1) in subsection (d), as redesignated by subsection (a)(2) 

of this section, by striking ‘‘subsection (f)’’ each place it appears 

in paragraphs (1) and (2) and inserting ‘‘subsection (e)’’; and 

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

(A) in paragraph (1), by striking ‘‘subsection (e)(1)’’ 

and inserting ‘‘subsection (d)(1)’’; and 

(B) in paragraph (2), by striking ‘‘subsection (e)(2)’’ 

and inserting ‘‘subsection (d)(2)’’. 

Subtitle B—Central Intelligence Agency 

SEC. 431. REVIEW OF COVERT ACTION PROGRAMS BY INSPECTOR GENERAL OF THE CENTRAL INTELLIGENCE AGENCY. 

(a) IN GENERAL.—Section 503 of the National Security Act 

of 1947 (50 U.S.C. 413b) is amended by— 

(1) redesignating subsection (e) as subsection (g) and 

transferring such subsection to the end; and 

(2) by inserting after subsection (d) the following new subsection: 

‘‘(e) INSPECTOR GENERAL AUDITS OF COVERT ACTIONS.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), the Inspector 

General of the Central Intelligence Agency shall conduct an 

audit of each covert action at least every 3 years. Such audits 

shall be conducted subject to the provisions of paragraphs (3) 

and (4) of subsection (b) of section 17 of the Central Intelligence 

Agency Act of 1949 (50 U.S.C. 403q). 

‘‘(2) TERMINATED, SUSPENDED PROGRAMS.—The Inspector 

General of the Central Intelligence Agency is not required 

to conduct an audit under paragraph (1) of a covert action 

that has been terminated or suspended if such covert action 

was terminated or suspended prior to the last audit of such 

covert action conducted by the Inspector General and has not 

been restarted after the date on which such audit was completed. 

‘‘(3) REPORT.—Not later than 60 days after the completion 

of an audit conducted pursuant to paragraph (1), the Inspector 

General of the Central Intelligence Agency shall submit to 

the congressional intelligence committees a report containing 

the results of such audit.’’. 

(b) CONFORMING AMENDMENTS.—Title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.) is amended— 
H. R. 2082—49 

(1) in section 501(f) (50 U.S.C. 413(f)), by striking ‘‘503(e)’’ 

and inserting ‘‘503(g)’’; 

(2) in section 502(a)(1) (50 U.S.C. 413b(a)(1)), by striking 

‘‘503(e)’’ and inserting ‘‘503(g)’’; and 

(3) in section 504(c) (50 U.S.C. 414(c)), by striking ‘‘503(e)’’ 

and inserting ‘‘503(g)’’. 

SEC. 432. INAPPLICABILITY TO DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY OF REQUIREMENT FOR ANNUAL 

REPORT ON PROGRESS IN AUDITABLE FINANCIAL STATEMENTS. 

Section 114A of the National Security Act of 1947 (50 U.S.C. 

404i–1) is amended by striking ‘‘the Director of the Central Intelligence Agency,’’. 

SEC. 433. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR PROTECTIVE PERSONNEL OF THE CENTRAL INTELLIGENCE 

AGENCY. 

(a) IN GENERAL.—Section 5(a)(4) of the Central Intelligence 

Agency Act of 1949 (50 U.S.C. 403f(a)(4)) is amended— 

(1) by inserting ‘‘(A)’’ after ‘‘(4)’’; 

(2) in subparagraph (A), as so designated— 

(A) by striking ‘‘and the protection’’ and inserting ‘‘the 

protection’’; and 

(B) by striking the semicolon and inserting ‘‘, and 

the protection of the Director of National Intelligence and 

such personnel of the Office of the Director of National 

Intelligence as the Director of National Intelligence may 

designate; and’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(B) Authorize personnel engaged in the performance of 

protective functions authorized pursuant to subparagraph (A), 

when engaged in, and in furtherance of, the performance of 

such functions, to make arrests without warrant for any offense 

against the United States committed in the presence of such 

personnel, or for any felony cognizable under the laws of the 

United States, if such personnel have reasonable grounds to 

believe that the person to be arrested has committed or is 

committing such felony, except that any authority pursuant 

to this subparagraph may be exercised only in accordance with 

guidelines approved by the Director and the Attorney General 

and such personnel may not exercise any authority for the 

service of civil process or for the investigation of criminal 

offenses;’’. 

(b) REQUIREMENT TO REPORT.—As soon as possible after the 

date of an exercise of authority under subparagraph (B) of section 

5(a)(4) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 

403f(a)(4)), as added by subsection (a)(3), and not later than 10 

days after such date, the Director of the Central Intelligence Agency 

shall submit to the congressional intelligence committees a report 

describing such exercise of authority. 

SEC. 434. TECHNICAL AMENDMENTS RELATING TO TITLES OF CERTAIN 

CENTRAL INTELLIGENCE AGENCY POSITIONS. 

Section 17(d)(3)(B)(ii) of the Central Intelligence Agency Act 

of 1949 (50 U.S.C. 403q(d)(3)(B)(ii)) is amended— 

(1) in subclause (I), by striking ‘‘Executive Director’’ and 

inserting ‘‘Associate Deputy Director’’; 
H. R. 2082—50 

(2) in subclause (II), by striking ‘‘Deputy Director for Operations’’ and inserting ‘‘Director of the National Clandestine 

Service’’; 

(3) in subclause (III), by striking ‘‘Deputy Director for Intelligence’’ and inserting ‘‘Director of Intelligence’’; 

(4) in subclause (IV), by striking ‘‘Deputy Director for 

Administration’’ and inserting ‘‘Director of Support’’; and 

(5) in subclause (V), by striking ‘‘Deputy Director for 

Science and Technology’’ and inserting ‘‘Director of Science 

and Technology’’. 

SEC. 435. CLARIFYING AMENDMENTS RELATING TO SECTION 105 OF 

THE INTELLIGENCE AUTHORIZATION ACT FOR FISCAL 

YEAR 2004. 

Section 105(b) of the Intelligence Authorization Act for Fiscal 

Year 2004 (Public Law 108–177; 117 Stat. 2603; 31 U.S.C. 311 

note) is amended— 

(1) by striking ‘‘Director of Central Intelligence’’ and 

inserting ‘‘Director of National Intelligence’’; and 

(2) by inserting ‘‘or in section 313 of such title,’’ after 

‘‘subsection (a)),’’. 

Subtitle C—Defense Intelligence 

Components 

SEC. 441. ENHANCEMENT OF NATIONAL SECURITY AGENCY TRAINING 

PROGRAM. 

Subsection (e) of section 16 of the National Security Agency 

Act of 1959 (50 U.S.C. 402 note) is amended by striking ‘‘(1) When 

an employee’’ and all that follows through ‘‘(2) Agency efforts’’ 

and inserting ‘‘Agency efforts’’. 

SEC. 442. CODIFICATION OF AUTHORITIES OF NATIONAL SECURITY 

AGENCY PROTECTIVE PERSONNEL. 

The National Security Agency Act of 1959 (50 U.S.C. 402 note) 

is amended by adding at the end the following new section: 

‘‘SEC. 21. (a) The Director of the National Security Agency 

is authorized to designate personnel of the National Security Agency 

to perform protective functions for the Director and for any personnel of the Agency designated by the Director. 

‘‘(b)(1) In the performance of protective functions under this 

section, personnel of the Agency designated to perform protective 

functions pursuant to subsection (a) are authorized, when engaged 

in, and in furtherance of, the performance of such functions, to 

make arrests without a warrant for— 

‘‘(A) any offense against the United States committed in 

the presence of such personnel; or 

‘‘(B) any felony cognizable under the laws of the United 

States if such personnel have reasonable grounds to believe 

that the person to be arrested has committed or is committing 

such felony. 

‘‘(2) The authority in paragraph (1) may be exercised only 

in accordance with guidelines approved by the Director and the 

Attorney General. 

‘‘(3) Personnel of the Agency designated to perform protective 

functions pursuant to subsection (a) shall not exercise any authority 
H. R. 2082—51 

for the service of civil process or the investigation of criminal 

offenses. 

‘‘(c) Nothing in this section shall be construed to impair or 

otherwise affect any authority under any other provision of law 

relating to the performance of protective functions. 

‘‘(d) As soon as possible after the date of an exercise of authority 

under this section and not later than 10 days after such date, 

the Director shall submit to the congressional intelligence committees a report describing such exercise of authority. 

‘‘(e) In this section, the term ‘congressional intelligence committees’ means— 

‘‘(1) the Select Committee on Intelligence of the Senate; 

and 

‘‘(2) the Permanent Select Committee on Intelligence of 

the House of Representatives.’’. 

SEC. 443. INSPECTOR GENERAL MATTERS. 

(a) COVERAGE UNDER INSPECTOR GENERAL ACT OF 1978.—Subsection (a)(2) of section 8G of the Inspector General Act of 1978 

(5 U.S.C. App. 8G) is amended— 

(1) by inserting ‘‘the Defense Intelligence Agency,’’ after 

‘‘the Corporation for Public Broadcasting,’’; 

(2) by inserting ‘‘the National Geospatial-Intelligence 

Agency,’’ after ‘‘the National Endowment for the Humanities,’’; 

and 

(3) by inserting ‘‘the National Reconnaissance Office, the 

National Security Agency,’’ after ‘‘the National Labor Relations 

Board,’’. 

(b) CERTAIN DESIGNATIONS UNDER INSPECTOR GENERAL ACT

OF 1978.—Subsection (a) of section 8H of the Inspector General 

Act of 1978 (5 U.S.C. App. 8H) is amended by adding at the 

end the following new paragraph: 

‘‘(3) The Inspectors General of the Defense Intelligence Agency, 

the National Geospatial-Intelligence Agency, the National Reconnaissance Office, and the National Security Agency shall be designees of the Inspector General of the Department of Defense for 

purposes of this section.’’. 

(c) POWER OF HEADS OF ELEMENTS OVER INVESTIGATIONS.— 

Subsection (d) of section 8G of that Act— 

(1) by inserting ‘‘(1)’’ after ‘‘(d)’’; 

(2) in the second sentence of paragraph (1), as designated 

by paragraph (1) of this subsection, by striking ‘‘The head’’ 

and inserting ‘‘Except as provided in paragraph (2), the head’’; 

and 

(3) by adding at the end the following new paragraph: 

‘‘(2)(A) The Secretary of Defense, in consultation with the 

Director of National Intelligence, may prohibit the Inspector General of an element of the intelligence community specified in 

subparagraph (D) from initiating, carrying out, or completing any 

audit or investigation if the Secretary determines that the prohibition is necessary to protect vital national security interests of the 

United States. 

‘‘(B) If the Secretary exercises the authority under subparagraph (A), the Secretary shall submit to the committees of Congress 

specified in subparagraph (E) an appropriately classified statement 

of the reasons for the exercise of the authority not later than 

7 days after the exercise of the authority. 
H. R. 2082—52 

‘‘(C) At the same time the Secretary submits under subparagraph (B) a statement on the exercise of the authority in subparagraph (A) to the committees of Congress specified in subparagraph 

(E), the Secretary shall notify the Inspector General of such element 

of the submittal of such statement and, to the extent consistent 

with the protection of intelligence sources and methods, provide 

the Inspector General with a copy of such statement. The Inspector 

General may submit to such committees of Congress any comments 

on a notice or statement received by the Inspector General under 

this subparagraph that the Inspector General considers appropriate. 

‘‘(D) The elements of the intelligence community specified in 

this subparagraph are as follows: 

‘‘(i) The Defense Intelligence Agency. 

‘‘(ii) The National Geospatial-Intelligence Agency. 

‘‘(iii) The National Reconnaissance Office. 

‘‘(iv) The National Security Agency. 

‘‘(E) The committees of Congress specified in this subparagraph 

are— 

‘‘(i) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and 

‘‘(ii) the Committee on Armed Services and the Permanent 

Select Committee on Intelligence of the House of Representatives.’’. 

SEC. 444. CONFIRMATION OF APPOINTMENT OF HEADS OF CERTAIN 

COMPONENTS OF THE INTELLIGENCE COMMUNITY. 

(a) DIRECTOR OF NATIONAL SECURITY AGENCY.—The National 

Security Agency Act of 1959 (50 U.S.C. 402 note) is amended 

by inserting after the first section the following new section: 

‘‘SEC. 2. (a) There is a Director of the National Security Agency. 

‘‘(b) The Director of the National Security Agency shall be 

appointed by the President, by and with the advice and consent 

of the Senate. 

‘‘(c) The Director of the National Security Agency shall be 

the head of the National Security Agency and shall discharge such 

functions and duties as are provided by this Act or otherwise 

by law.’’. 

(b) DIRECTOR OF NATIONAL RECONNAISSANCE OFFICE.—The 

Director of the National Reconnaissance Office shall be appointed 

by the President, by and with the advice and consent of the Senate. 

(c) POSITIONS OF IMPORTANCE AND RESPONSIBILITY.— 

(1) DESIGNATION OF POSITIONS.—The President may designate any of the positions referred to in paragraph (2) as 

positions of importance and responsibility under section 601 

of title 10, United States Code. 

(2) COVERED POSITIONS.—The positions referred to in this 

paragraph are as follows: 

(A) The Director of the National Security Agency. 

(B) The Director of the National Reconnaissance Office. 

(d) EFFECTIVE DATE AND APPLICABILITY.—The amendments 

made by subsections (a) and (b) shall take effect on the date of 

the enactment of this Act and shall apply upon the earlier of— 

(1) the date of the nomination by the President of an 

individual to serve in the position concerned, except that the 

individual serving in such position as of the date of the enactment of this Act may continue to perform such duties after 

such date of nomination and until the individual appointed 
H. R. 2082—53 

to such position, by and with the advice and consent of the 

Senate, assumes the duties of such position; or 

(2) the date of the cessation of the performance of the 

duties of such position by the individual performing such duties 

as of the date of the enactment of this Act. 

SEC. 445. CLARIFICATION OF NATIONAL SECURITY MISSIONS OF 

NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY FOR 

ANALYSIS AND DISSEMINATION OF CERTAIN INTELLIGENCE INFORMATION. 

Section 442(a) of title 10, United States Code, is amended— 

(1) by redesignating paragraph (2) as paragraph (3); 

(2) by inserting after paragraph (1) the following new paragraph (2): 

‘‘(2)(A) As directed by the Director of National Intelligence, 

the National Geospatial-Intelligence Agency shall also develop a 

system to facilitate the analysis, dissemination, and incorporation 

of likenesses, videos, and presentations produced by ground-based 

platforms, including handheld or clandestine photography taken 

by or on behalf of human intelligence collection organizations or 

available as open-source information, into the National System 

for Geospatial Intelligence. 

‘‘(B) The authority provided by this paragraph does not include 

authority for the National Geospatial-Intelligence Agency to manage 

tasking of handheld or clandestine photography taken by or on 

behalf of human intelligence collection organizations.’’; and 

(3) in paragraph (3), as so redesignated, by striking ‘‘paragraph (1)’’ and inserting ‘‘paragraphs (1) and (2)’’. 

SEC. 446. SECURITY CLEARANCES IN THE NATIONAL GEOSPATIALINTELLIGENCE AGENCY. 

The Secretary of Defense shall, during the period beginning 

on the date of the enactment of this Act and ending on December 

31, 2008, delegate to the Director of the National Geospatial-Intelligence Agency personnel security authority with respect to the 

National Geospatial-Intelligence Agency (including authority 

relating to the use of contractor personnel in investigations and 

adjudications for security clearances) that is identical to the personnel security authority of the Director of the National Security 

Agency with respect to the National Security Agency. 

Subtitle D—Other Elements 

SEC. 451. CLARIFICATION OF INCLUSION OF COAST GUARD AND DRUG 

ENFORCEMENT ADMINISTRATION AS ELEMENTS OF THE 

INTELLIGENCE COMMUNITY. 

Section 3(4) of the National Security Act of 1947 (50 U.S.C. 

401a(4)) is amended— 

(1) in subparagraph (H)— 

(A) by inserting ‘‘the Coast Guard,’’ after ‘‘the Marine 

Corps,’’; and 

(B) by inserting ‘‘the Drug Enforcement Administration,’’ after ‘‘the Federal Bureau of Investigation,’’; and 

(2) in subparagraph (K), by striking ‘‘, including the Office 

of Intelligence of the Coast Guard’’. 
H. R. 2082—54 

TITLE V—OTHER MATTERS 

Subtitle A—General Intelligence Matters 

SEC. 501. EXTENSION OF NATIONAL COMMISSION FOR THE REVIEW 

OF THE RESEARCH AND DEVELOPMENT PROGRAMS OF 

THE UNITED STATES INTELLIGENCE COMMUNITY. 

(a) EXTENSION.— 

(1) IN GENERAL.—Subsection (a) of section 1007 of the 

Intelligence Authorization Act for Fiscal Year 2003 (Public Law 

107–306; 116 Stat. 2442) is amended by striking ‘‘September 

1, 2004’’ and inserting ‘‘December 31, 2008’’. 

(2) EFFECTIVE DATE.—Subject to paragraph (3), the amendment made by paragraph (1) shall take effect as if included 

in the enactment of such section 1007. 

(3) COMMISSION MEMBERSHIP.— (A) IN GENERAL.—The membership of the National 

Commission for the Review of the Research and Development Programs of the United States Intelligence Community established under subsection (a) of section 1002 of 

such Act (Public Law 107–306; 116 Stat. 2438) (referred 

to in this section as the ‘‘Commission’’) shall be considered 

vacant and new members shall be appointed in accordance 

with such section 1002, as amended by subparagraph (B). 

(B) TECHNICAL AMENDMENT.—Paragraph (1) of subsection (b) of such section 1002 is amended by striking 

‘‘The Deputy Director of Central Intelligence for Community Management.’’ and inserting ‘‘The Principal Deputy 

Director of National Intelligence.’’. 

(b) FUNDING.— (1) IN GENERAL.—Of the amounts authorized to be appropriated by this Act for the Intelligence Community Management 

Account, the Director of National Intelligence shall make 

$2,000,000 available to the Commission to carry out title X 

of the Intelligence Authorization Act for Fiscal Year 2003 

(Public Law 107–306; 116 Stat. 2437). 

(2) AVAILABILITY.—Amounts made available to the Commission pursuant to paragraph (1) shall remain available until 

expended. 

SEC. 502. REPORT ON INTELLIGENCE ACTIVITIES. 

Not later than 120 days after the date of the enactment of 

this Act, the Director of National Intelligence shall submit to the 

congressional intelligence committees a report describing authorizations, if any, granted during the 10-year period ending on the 

date of the enactment of this Act to engage in intelligence activities 

related to the overthrow of a democratically elected government. 

SEC. 503. AERIAL RECONNAISSANCE PLATFORMS. 

Section 133(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2112) 

is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘After fiscal year 2007’’ and inserting 

‘‘For each fiscal year after fiscal year 2007’’; and 
H. R. 2082—55 

(B) by inserting ‘‘, in that fiscal year,’’ after ‘‘Secretary 

of Defense’’; and 

(2) in paragraph (2)— 

(A) by inserting ‘‘in a fiscal year’’ after ‘‘Department 

of Defense’’; and 

(B) by inserting ‘‘in that fiscal year’’ after ‘‘Congress’’. 

Subtitle B—Technical Amendments 

SEC. 511. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES 

CODE, ARISING FROM ENACTMENT OF THE INTELLIGENCE 

REFORM AND TERRORISM PREVENTION ACT OF 2004. 

(a) REFERENCES TO HEAD OF INTELLIGENCE COMMUNITY.—Title 

10, United States Code, is amended by striking ‘‘Director of Central 

Intelligence’’ each place it appears and inserting ‘‘Director of 

National Intelligence’’ in the following: 

(1) Section 193(d)(2). 

(2) Section 193(e). 

(3) Section 201(a). 

(4) Section 201(b)(1). 

(5) Section 201(c)(1). 

(6) Section 425(a). 

(7) Section 431(b)(1). 

(8) Section 441(c). 

(9) Section 441(d). 

(10) Section 443(d). 

(11) Section 2273(b)(1). 

(12) Section 2723(a). 

(b) CLERICAL AMENDMENTS.—Such title is further amended by 

striking ‘‘DIRECTOR OF CENTRAL INTELLIGENCE’’ each place it 

appears and inserting ‘‘DIRECTOR OF NATIONAL INTELLIGENCE’’ in 

the following: 

(1) Section 441(c). 

(2) Section 443(d). 

(c) REFERENCE TO HEAD OF CENTRAL INTELLIGENCE AGENCY.— 

Section 444 of such title is amended by striking ‘‘Director of Central 

Intelligence’’ each place it appears and inserting ‘‘Director of the 

Central Intelligence Agency’’. 

SEC. 512. TECHNICAL AMENDMENT TO THE CENTRAL INTELLIGENCE 

AGENCY ACT OF 1949. 

Section 5(a)(1) of the Central Intelligence Agency Act of 1949 

(50 U.S.C. 403f(a)(1)) is amended by striking ‘‘authorized under 

paragraphs (2) and (3) of section 102(a), subsections (c)(7) and 

(d) of section 103, subsections (a) and (g) of section 104, and section 

303 of the National Security Act of 1947 (50 U.S.C. 403(a)(2), 

(3), 403–3(c)(7), (d), 403–4(a), (g), and 405)’’ and inserting ‘‘authorized under section 104A of the National Security Act of 1947 (50 

U.S.C. 403–4a).’’. 

SEC. 513. TECHNICAL AMENDMENTS RELATING TO THE MULTIYEAR 

NATIONAL INTELLIGENCE PROGRAM. 

(a) IN GENERAL.—Subsection (a) of section 1403 of the National 

Defense Authorization Act for Fiscal Year 1991 (50 U.S.C. 404b) 

is amended— 

(1) in the heading, by striking ‘‘FOREIGN’’; and 

(2) by striking ‘‘foreign’’ each place it appears. 
H. R. 2082—56 

(b) RESPONSIBILITY OF DIRECTOR OF NATIONAL INTELLIGENCE.— 

That section is further amended— 

(1) in subsections (a) and (c), by striking ‘‘Director of Central Intelligence’’ and inserting ‘‘Director of National Intelligence’’; and 

(2) in subsection (b), by inserting ‘‘of National Intelligence’’ 

after ‘‘Director’’. 

(c) CONFORMING AMENDMENT.—The heading of that section is 

amended to read as follows: 

‘‘SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PROGRAM.’’. 

SEC. 514. TECHNICAL CLARIFICATION OF CERTAIN REFERENCES TO 

JOINT MILITARY INTELLIGENCE PROGRAM AND TACTICAL 

INTELLIGENCE AND RELATED ACTIVITIES. 

Section 102A of the National Security Act of 1947 (50 U.S.C. 

403–1) is amended— 

(1) in subsection (c)(3)(A), by striking ‘‘annual budgets for 

the Joint Military Intelligence Program and for Tactical Intelligence and Related Activities’’ and inserting ‘‘annual budget 

for the Military Intelligence Program or any successor program 

or programs’’; and 

(2) in subsection (d)(1)(B), by striking ‘‘Joint Military Intelligence Program’’ and inserting ‘‘Military Intelligence Program 

or any successor program or programs’’. 

SEC. 515. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT 

OF 1947. 

The National Security Act of 1947 (50 U.S.C. 401 et seq.) 

is amended as follows: 

(1) In section 102A (50 U.S.C. 403–1)— 

(A) in subsection (d)— 

(i) in paragraph (3), by striking ‘‘subparagraph 

(A)’’ in the matter preceding subparagraph (A) and 

inserting ‘‘paragraph (1)(A)’’; 

(ii) in paragraph (5)(A), by striking ‘‘or personnel’’ 

in the matter preceding clause (i); and 

(iii) in paragraph (5)(B), by striking ‘‘or agency 

involved’’ in the second sentence and inserting 

‘‘involved or the Director of the Central Intelligence 

Agency (in the case of the Central Intelligence 

Agency)’’; 

(B) in subsection (l)(2)(B), by striking ‘‘section’’ and 

inserting ‘‘paragraph’’; and 

(C) in subsection (n), by inserting ‘‘AND OTHER’’ after 

‘‘ACQUISITION’’. 

(2) In section 119(c)(2)(B) (50 U.S.C. 404o(c)(2)(B)), by 

striking ‘‘subsection (h)’’ and inserting ‘‘subsection (i)’’. 

(3) In section 705(e)(2)(D)(i) (50 U.S.C. 432c(e)(2)(D)(i)), 

by striking ‘‘responsible’’ and inserting ‘‘responsive’’. 

SEC. 516. TECHNICAL AMENDMENTS TO THE INTELLIGENCE REFORM 

AND TERRORISM PREVENTION ACT OF 2004. 

(a) AMENDMENTS TO NATIONAL SECURITY INTELLIGENCE

REFORM ACT OF 2004.—The National Security Intelligence Reform 

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

amended as follows: 
H. R. 2082—57 

(1) In section 1016(e)(10)(B) (6 U.S.C. 485(e)(10)(B)), by 

striking ‘‘Attorney General’’ the second place it appears and 

inserting ‘‘Department of Justice’’. 

(2) In section 1071(e), by striking ‘‘(1)’’. 

(3) In section 1072(b), in the subsection heading by 

inserting ‘‘AGENCY’’ after ‘‘INTELLIGENCE’’. 

(b) OTHER AMENDMENTS TO INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004.—The Intelligence Reform and 

Terrorism Prevention Act of 2004 (Public Law 108–458; 118 Stat. 

3638) is amended as follows: 

(1) In section 2001 (28 U.S.C. 532 note)— 

(A) in subsection (c)(1), by inserting ‘‘of’’ before ‘‘an 

institutional culture’’; 

(B) in subsection (e)(2), by striking ‘‘the National Intelligence Director in a manner consistent with section 112(e)’’ 

and inserting ‘‘the Director of National Intelligence in a 

manner consistent with applicable law’’; and 

(C) in subsection (f), by striking ‘‘shall,’’ in the matter 

preceding paragraph (1) and inserting ‘‘shall’’. 

(2) In section 2006 (28 U.S.C. 509 note)— 

(A) in paragraph (2), by striking ‘‘the Federal’’ and 

inserting ‘‘Federal’’; and 

(B) in paragraph (3), by striking ‘‘the specific’’ and 

inserting ‘‘specific’’. 

SEC. 517. TECHNICAL AMENDMENTS TO THE EXECUTIVE SCHEDULE. 

(a) EXECUTIVE SCHEDULE LEVEL II.—Section 5313 of title 5, 

United States Code, is amended by striking the item relating to 

the Director of Central Intelligence and inserting the following 

new item: 

‘‘Director of the Central Intelligence Agency.’’. 

(b) EXECUTIVE SCHEDULE LEVEL III.—Section 5314 of title 5, 

United States Code, is amended by striking the item relating to 

the Deputy Directors of Central Intelligence and inserting the following new item: 

‘‘Deputy Director of the Central Intelligence Agency.’’. 

(c) EXECUTIVE SCHEDULE LEVEL IV.—Section 5315 of title 5, 

United States Code, is amended by striking the item relating to 

the General Counsel of the Office of the National Intelligence 

Director and inserting the following new item: 
H. R. 2082—58 

‘‘General Counsel of the Office of the Director of National 

Intelligence.’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.