II 

109TH CONGRESS 

1ST SESSION S. 1803 

[Report No. 109–142] 

To authorize appropriations for fiscal year 2006 for intelligence and intelligence-related activities of the United States Government, the Intelligence Community Management Account, and the Central Intelligence 

Agency Retirement and Disability System, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2005 

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

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

exceed 10 days of session 

A BILL 

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

States Government, the Intelligence Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Intelligence Authorization Act for Fiscal Year 2006’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—INTELLIGENCE ACTIVITIES 

Sec. 101. Authorization of appropriations. 

Sec. 102. Classified schedule of authorizations. 

Sec. 103. Incorporation of classified annex. 

Sec. 104. Personnel ceiling adjustments. 

Sec. 105. Intelligence Community Management Account. 

Sec. 106. Incorporation of reporting requirements. 

Sec. 107. Response of intelligence community to requests from Congress for intelligence documents and information. 

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 

DISABILITY SYSTEM 

Sec. 201. Authorization of appropriations. 

TITLE III—INTELLIGENCE AND GENERAL INTELLIGENCE 

COMMUNITY MATTERS 

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

Sec. 302. Restriction on conduct of intelligence activities. 

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

Sec. 304. Delegation of authority for travel on common carriers for intelligence 

collection personnel. 

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

Sec. 306. Retention and use of amounts paid as debts to elements of the intelligence community. 

Sec. 307. Pilot program on disclosure of records under the Privacy Act relating 

to certain intelligence activities. 

Sec. 308. Extension to intelligence community of authority to delete information about receipt and disposition of foreign gifts and decorations. 

Sec. 309. Availability of funds for travel and transportation of personal effects, 

household goods, and automobiles. 

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE 

INTELLIGENCE COMMUNITY 

Subtitle A—Office of the Director of National Intelligence 

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

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

Intelligence of the protection of intelligence sources and methods. 

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

to human intelligence information. 

Sec. 404. Additional administrative authority of the Director of National Intelligence. 
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Sec. 405. Clarification of limitation on co-location of the Office of the Director 

of National Intelligence. 

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

Office of the Director of National Intelligence. 

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

Community. 

Sec. 408. Inspector General of the Intelligence Community. 

Sec. 409. Leadership and location of National Counter Proliferation Center. 

Sec. 410. Operational files in the Office of the Director of National Intelligence. 

Sec. 411. Eligibility for incentive awards of personnel assigned to the Office of 

the Director of National Intelligence. 

Sec. 412. Repeal of certain authorities relating to the Office of the National 

Counterintelligence Executive. 

Sec. 413. Inapplicability of Federal Advisory Committee Act to advisory committees of the Office of the Director of National Intelligence. 

Sec. 414. Membership of the Director of National Intelligence on the Transportation Security Oversight Board. 

Sec. 415. Temporary inapplicability to the Office of the Director of National 

Intelligence of certain financial reporting requirements. 

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

Sec. 417. Temporary exemption from personnel limits of certain office of Director of National Intelligence personnel assigned to the National 

Counterterrorism Center. 

Subtitle B—Central Intelligence Agency 

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

Sec. 422. Enhanced protection of Central Intelligence Agency intelligence 

sources and methods from unauthorized disclosure. 

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

certain senior level positions in the Central Intelligence Agency. 

Sec. 424. Exclusion of the Central Intelligence Agency from annual report on 

improvement of financial statements for auditing purposes. 

Sec. 425. Additional functions and authorities for protective personnel of the 

Central Intelligence Agency. 

Sec. 426. Modification of exclusion of military officer serving as Associate Director of the Central Intelligence Agency for Military Support 

from officer strength and distribution-in-grade limitations. 

Subtitle C—Defense Intelligence Components 

Sec. 431. Modification of requirements on disclosure of governmental affiliation 

by Department of Defense intelligence personnel. 

Sec. 432. Enhancements of National Security Agency training program. 

Sec. 433. Codification of authorities of National Security Agency protective personnel. 

Sec. 434. Protection of operational files of the Defense Intelligence Agency. 

Sec. 435. Inspector General matters. 

Sec. 436. Confirmation of appointment of heads of certain components of the 

intelligence community. 

Sec. 437. Security clearances in the National Geospatial-Intelligence Agency. 

Subtitle D—Other Elements 

Sec. 441. Department of Justice intelligence matters. 
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Sec. 442. Foreign language incentive for certain non-special agent employees of 

the Federal Bureau of Investigation. 

Sec. 443. Authority to secure services by contract for the Bureau of Intelligence 

and Research of the Department of State. 

Sec. 444. Clarification of inclusion of Coast Guard element in the intelligence 

community. 

Sec. 445. Clarifying amendments relating to section 105 of the Intelligence Authorization Act for Fiscal Year 2004. 

TITLE V—OTHER MATTERS 

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

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

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

Sec. 504. Technical amendment to the Central Intelligence Agency Act of 1949. 

Sec. 505. Technical amendments relating to the multiyear national intelligence 

program. 

Sec. 506. Technical amendments to the Executive Schedule. 

Sec. 507. Technical amendments relating to redesignation of the National Imagery and Mapping Agency as the National Geospatial-Intelligence Agency. 

1 TITLE I—INTELLIGENCE 

2 ACTIVITIES 

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2006 for the conduct of the intelligence and 

6 intelligence-related activities of the following elements of 

7 the United States Government: 

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

10 (2) The Central Intelligence Agency. 

11 (3) The Department of Defense. 

12 (4) The Defense Intelligence Agency. 

13 (5) The National Security Agency. 
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1 (6) The Department of the Army, the Depart2 ment of the Navy, and the Department of the Air 

3 Force. 

4 (7) The Department of State. 

5 (8) The Department of the Treasury. 

6 (9) The Department of Energy. 

7 (10) The Department of Justice. 

8 (11) The Federal Bureau of Investigation. 

9 (12) The National Reconnaissance Office. 

10 (13) The National Geospatial-Intelligence Agen11 cy. 

12 (14) The Coast Guard. 

13 (15) The Department of Homeland Security. 

14 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

15 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

16 CEILINGS.—The amounts authorized to be appropriated 

17 under section 101, and the authorized personnel ceilings 

18 as of September 30, 2006, for the conduct of the intel19 ligence and intelligence-related activities of the elements 

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

21 Schedule of Authorizations prepared to accompany the 

22 conference report on the bill lllll of the One Hun23 dred Ninth Congress and in the Classified Annex to such 

24 report as incorporated in this Act under section 103. 
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1 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU2 THORIZATIONS.—The Schedule of Authorizations shall be 

3 made available to the Committees on Appropriations of 

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

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

8 SEC. 103. INCORPORATION OF CLASSIFIED ANNEX. 

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

10 Annex prepared by the Select Committee on Intelligence 

11 of the Senate to accompany its report on the bill S. 1803 

12 of the One Hundred Ninth Congress and transmitted to 

13 the President is hereby incorporated into this Act. 

14 (b) CONSTRUCTION WITH OTHER PROVISIONS OF

15 ACT.—Unless otherwise specifically stated, the amounts 

16 specified in the Classified Annex are not in addition to 

17 amounts authorized to be appropriated by other provisions 

18 of this Act. 

19 (c) LIMITATION ON USE OF FUNDS.—Funds appro20 priated pursuant to an authorization contained in this Act 

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

22 referred to in the Classified Annex may only be expended 

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

24 such terms, conditions, limitations, restrictions, and re-
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1 quirements as are set out for that program, project, or 

2 activity in the Classified Annex. 

3 (d) DISTRIBUTION OF CLASSIFIED ANNEX.—The 

4 President shall provide for appropriate distribution of the 

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

6 within the executive branch of the Government. 

7 SEC. 104. PERSONNEL CEILING ADJUSTMENTS. 

8 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap9 proval of the Director of the Office of Management and 

10 Budget, the Director of National Intelligence may author11 ize employment of civilian personnel in excess of the num12 ber authorized for fiscal year 2006 under section 102 

13 when the Director of National Intelligence determines that 

14 such action is necessary to the performance of important 

15 intelligence functions, except that the number of personnel 

16 employed in excess of the number authorized under such 

17 section may not, for any element of the intelligence com18 munity, exceed 2 percent of the number of civilian per19 sonnel authorized under such section for such element. 

20 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The 

21 Director of National Intelligence shall promptly notify the 

22 Select Committee on Intelligence of the Senate and the 

23 Permanent Select Committee on Intelligence of the House 

24 of Representatives whenever the Director exercises the au25 thority granted by this section. 
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1 SEC. 105. INTELLIGENCE COMMUNITY MANAGEMENT AC2 COUNT. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated for the Intelligence Commu5 nity Management Account of the Director of National In6 telligence for fiscal year 2006 the sum of $1,014,362,000. 

7 Within such amount, funds identified in the classified 

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

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

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

13 Account of the Director of National Intelligence are au14 thorized 882 full-time personnel as of September 30, 

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

18 of the United States Government. 

19 (c) CLASSIFIED AUTHORIZATIONS.— 

20 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

21 addition to amounts authorized to be appropriated 

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

24 be appropriated for the Intelligence Community 

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

2 102(a). Such additional amounts for research and 

3 development shall remain available until September 

4 30, 2007. 

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

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

9 also authorized such additional personnel for such 

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

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

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

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

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

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

18 States Government shall be detailed on a reimbursable 

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

20 may be detailed on a nonreimbursable basis for a period 

21 of less than one year for the performance of temporary 

22 functions as required by the Director of National Intel23 ligence. 

24 (e) NATIONAL DRUG INTELLIGENCE CENTER.— 
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1 (1) IN GENERAL.—Of the amount authorized to 

2 be appropriated in subsection (a), $17,000,000 shall 

3 be available for the National Drug Intelligence Cen4 ter. Within such amount, funds provided for re5 search, development, testing, and evaluation pur6 poses shall remain available until September 30, 

7 2007, and funds provided for procurement purposes 

8 shall remain available until September 30, 2008. 

9 (2) TRANSFER OF FUNDS.—The Director of 

10 National Intelligence shall transfer to the Attorney 

11 General funds available for the National Drug Intel12 ligence Center under paragraph (1). The Attorney 

13 General shall utilize funds so transferred for the ac14 tivities of the National Drug Intelligence Center. 

15 (3) LIMITATION.—Amounts available for the 

16 National Drug Intelligence Center may not be used 

17 in contravention of the provisions of section 

18 104A(e)(1) of the National Security Act of 1947 (as 

19 redesignated by section 421(b)(1) of this Act). 

20 (4) AUTHORITY.—Notwithstanding any other 

21 provision of law, the Attorney General shall retain 

22 full authority over the operations of the National 

23 Drug Intelligence Center. 
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1 SEC. 106. INCORPORATION OF REPORTING REQUIRE2 MENTS. 

3 (a) IN GENERAL.—Each requirement to submit a re4 port to the congressional intelligence committees that is 

5 included in the joint explanatory statement to accompany 

6 the conference report on the bill llll of the One 

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

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

9 made a requirement in law. 

10 (b) CONGRESSIONAL INTELLIGENCE COMMITTEES

11 DEFINED.—In this section, the term ‘‘congressional intel12 ligence committees’’ means— 

13 (1) the Select Committee on Intelligence of the 

14 Senate; and 

15 (2) the Permanent Select Committee on Intel16 ligence of the House of Representatives. 

17 SEC. 107. RESPONSE OF INTELLIGENCE COMMUNITY TO 

18 REQUESTS FROM CONGRESS FOR INTEL19 LIGENCE DOCUMENTS AND INFORMATION. 

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

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

22 at the end the following new section: 
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1 ‘‘RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS

2 FROM CONGRESS FOR INTELLIGENCE DOCUMENTS

3 AND INFORMATION

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

5 Director of National Intelligence, the Director of the Na6 tional Counterterrorism Center, the Director of a national 

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

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

9 organization within the Executive branch, that is an ele10 ment of the intelligence community shall, not later than 

11 15 days after receiving a request for any intelligence as12 sessment, report, estimate, legal opinion, or other intel13 ligence information from the Select Committee on Intel14 ligence of the Senate, the Permanent Select Committee on 

15 Intelligence of the House of Representatives, or any other 

16 committee of Congress with jurisdiction over the subject 

17 matter to which information in such assessment, report, 

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

19 available to such committee such assessment, report, esti20 mate, legal opinion, or other information, as the case may 

21 be. 

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

23 Director of National Intelligence, the Director of the Na24 tional Counterterrorism Center, the Director of a national 

25 intelligence center, or the head of any other department, 
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1 agency, or element of the Federal Government, or other 

2 organization within the Executive branch, that is an ele3 ment of the intelligence community shall respond, in the 

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

5 that subsection from the Chairman or Vice Chairman of 

6 the Select Committee on Intelligence of the Senate or the 

7 Chairman or Ranking Member of the Permanent Select 

8 Committee on Intelligence of the House of Representa9 tives. 

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

11 (1)— 

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

13 case may be, of the Select Committee on Intelligence 

14 of the Senate shall notify the other of the Chairman 

15 or Vice Chairman of such request; and 

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

17 case may be, of the Permanent Select Committee on 

18 Intelligence of the House of Representatives shall 

19 notify the other of the Chairman or Ranking Mem20 ber of such request. 

21 ‘‘(c) ASSERTION OF PRIVILEGE.—In response to a re22 quest covered by subsection (a) or (b), the Director of Na23 tional Intelligence, the Director of the National 

24 Counterterrorism Center, the Director of a national intel25 ligence center, or the head of any other department, agen-
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1 cy, or element of the Federal Government, or other organi2 zation within the Executive branch, that is an element of 

3 the intelligence community shall provide the document or 

4 information covered by such request unless the President 

5 certifies that such document or information is not being 

6 provided because the President is asserting a privilege 

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

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

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

10 after the item relating to section 507 the following new 

11 item: 

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

intelligence documents and information.’’. 

12 TITLE II—CENTRAL INTEL13 LIGENCE AGENCY RETIRE14 MENT AND DISABILITY SYS15 TEM 

16 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

17 There is authorized to be appropriated for the Cen18 tral Intelligence Agency Retirement and Disability Fund 

19 for fiscal year 2006 the sum of $244,600,000. 
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1 TITLE III—INTELLIGENCE AND 

2 GENERAL INTELLIGENCE 

3 COMMUNITY MATTERS 

4 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND 

5 BENEFITS AUTHORIZED BY LAW. 

6 Appropriations authorized by this Act for salary, pay, 

7 retirement, and other benefits for Federal employees may 

8 be increased by such additional or supplemental amounts 

9 as may be necessary for increases in such compensation 

10 or benefits authorized by law. 

11 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE 

12 ACTIVITIES. 

13 The authorization of appropriations by this Act shall 

14 not be deemed to constitute authority for the conduct of 

15 any intelligence activity which is not otherwise authorized 

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

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

19 SECURITY ACT OF 1947. 

20 Subparagraph (L) of section 3(4) of the National Se21 curity Act of 1947 (50 U.S.C. 401a(4)) is amended by 

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

2 COMMON CARRIERS FOR INTELLIGENCE 

3 COLLECTION PERSONNEL. 

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

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

6 is amended— 

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

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

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

12 and 

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

14 paragraph: 

15 ‘‘(2) The head of an element of the intelligence com16 munity to whom the authority in subsection (a) is dele17 gated pursuant to paragraph (1) may further delegate 

18 such authority to such senior officials of such element as 

19 are specified in guidelines prescribed by the Director of 

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

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

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

23 this Act, the Director of National Intelligence shall pre24 scribe and submit to the congressional intelligence com25 mittees the guidelines referred to in paragraph (2) of sec-
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1 tion 116(b) of the National Security Act of 1947, as added 

2 by subsection (a). 

3 (c) CONGRESSIONAL INTELLIGENCE COMMITTEES

4 DEFINED.—In this section, the term ‘‘congressional intel5 ligence committees’’ means— 

6 (1) the Select Committee on Intelligence of the 

7 Senate; and 

8 (2) the Permanent Select Committee on Intel9 ligence of the House of Representatives. 

10 SEC. 305. MODIFICATION OF AVAILABILITY OF FUNDS FOR 

11 DIFFERENT INTELLIGENCE ACTIVITIES. 

12 Subparagraph (B) of section 504(a)(3) of the Na13 tional Security Act of 1947 (50 U.S.C. 414(a)(3)) is 

14 amended to read as follows: 

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

16 supports an emergent need, improves program effec17 tiveness, or increases efficiency; and’’. 

18 SEC. 306. RETENTION AND USE OF AMOUNTS PAID AS 

19 DEBTS TO ELEMENTS OF THE INTELLIGENCE 

20 COMMUNITY. 

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

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

23 at the end the following new section: 
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1 ‘‘RETENTION AND USE OF AMOUNTS PAID AS DEBTS TO

2 ELEMENTS OF THE INTELLIGENCE COMMUNITY

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

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

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

6 an element of the intelligence community may retain 

7 amounts paid or reimbursed to the United States, includ8 ing amounts paid by an employee of the Federal Govern9 ment from personal funds, for repayment of a debt owed 

10 to the element of the intelligence community. 

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

12 Amounts retained under subsection (a) shall be credited 

13 to the current appropriation or account from which such 

14 funds were derived or whose expenditure formed the basis 

15 for the underlying activity from which the debt concerned 

16 arose. 

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

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

19 such appropriation or account, and shall be available in 

20 accordance with subsection (c). 

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

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

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

24 community shall be available to the head of such element, 
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1 for such time as is applicable to amounts in such appro2 priation or account, for purposes as follows: 

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

4 damaged property of such element, the repair of 

5 such property or the replacement of such property 

6 with alternative property that will perform the same 

7 or similar functions as such property. 

8 ‘‘(2) The funding of any other activities author9 ized to be funded by such appropriation or account. 

10 ‘‘(d) DEBT OWED TO AN ELEMENT OF THE INTEL11 LIGENCE COMMUNITY DEFINED.—In this section, the 

12 term ‘debt owed to an element of the intelligence commu13 nity’ means any of the following: 

14 ‘‘(1) A debt owed to an element of the intel15 ligence community by an employee or former em16 ployee of such element for the negligent or willful 

17 loss of or damage to property of such element that 

18 was procured by such element using appropriated 

19 funds. 

20 ‘‘(2) A debt owed to an element of the intel21 ligence community by an employee or former em22 ployee of such element as repayment for default on 

23 the terms and conditions associated with a scholar24 ship, fellowship, or other educational assistance pro25 vided to such individual by such element, whether in 
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1 exchange for future services or otherwise, using ap2 propriated funds. 

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

4 element of the intelligence community by a private 

5 person or entity by reason of the negligent or willful 

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

7 court of competent jurisdiction or in a lawful admin8 istrative proceeding.’’. 

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

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

11 the end the following new item: 

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

12 SEC. 307. PILOT PROGRAM ON DISCLOSURE OF RECORDS 

13 UNDER THE PRIVACY ACT RELATING TO CER14 TAIN INTELLIGENCE ACTIVITIES. 

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

16 title 5, United States Code, is amended— 

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

18 end; 

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

20 and inserting ‘‘; or’’; and 

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

22 paragraph: 

23 ‘‘(13) to an element of the intelligence commu24 nity set forth in or designated under section 3(4) of 
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1 the National Security Act of 1947 (50 U.S.C. 

2 401a(4))— 

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

4 community, or by a department or agency of 

5 the Federal Government containing an element 

6 of the intelligence community, that maintains 

7 the record, if the record is relevant to a lawful 

8 and authorized foreign intelligence or counter9 intelligence activity conducted by the receiving 

10 element of the intelligence community; or 

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

12 the record, if— 

13 ‘‘(i) it is the responsibility of that 

14 agency to protect the United States or its 

15 interests against the threat of international 

16 terrorism or the proliferation of weapons of 

17 mass destruction; and 

18 ‘‘(ii)(I) the head of the element of the 

19 intelligence community makes a written re20 quest to that agency specifying the record, 

21 or the particular portion thereof, that is 

22 relevant to a lawful and authorized activity 

23 of the element of the intelligence commu24 nity to protect against international ter-
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1 rorism or the proliferation of weapons of 

2 mass destruction; or 

3 ‘‘(II) the head of that agency deter4 mines that— 

5 ‘‘(aa) the record, or particular 

6 portion thereof, constitutes terrorism 

7 information (as that term is defined 

8 in section 1016(a)(4) of the National 

9 Security Intelligence Reform Act of 

10 2004 (title I of Public Law 108–458)) 

11 or information concerning the pro12 liferation of weapons of mass destruc13 tion; and 

14 ‘‘(bb) the disclosure of the 

15 record, or particular portion thereof, 

16 will be to an element of the intel17 ligence community authorized to col18 lect and analyze foreign intelligence or 

19 counterintelligence information related 

20 to international terrorism or the pro21 liferation of weapons of mass destruc22 tion.’’. 

23 (b) EXEMPTION FROM CERTAIN PRIVACY ACT RE24 QUIREMENTS FOR RECORD ACCESS AND ACCOUNTING

25 FOR DISCLOSURES.—Elements of the intelligence commu-
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1 nity set forth in or designated under section 3(4) of the 

2 National Security Act of 1947 (50 U.S.C. 401a(4)) receiv3 ing a disclosure under subsection (b)(13) of section 552a 

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

5 comply with subsection (c)(3), (c)(4), or (d) of such sec6 tion 552a with respect to such disclosure, or the records, 

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

8 such section 552a. 

9 (c) CONSULTATION ON DETERMINATIONS OF INFOR10 MATION TYPE.—Such section is further amended by add11 ing at the end the following new subsection: 

12 ‘‘(w) AUTHORITY TO CONSULT ON DETERMINATIONS

13 OF INFORMATION TYPE.—When determining for purposes 

14 of subsection (b)(13)(B)(ii)(II) whether a record con15 stitutes terrorism information (as that term is defined in 

16 section 1016(a)(4)) of the National Security Intelligence 

17 Reform Act of 2004 (title I of Public Law 108–458; 118 

18 Stat. 3665)) or information concerning the proliferation 

19 of weapons of mass destruction, the head of an agency 

20 may consult with the Director of National Intelligence or 

21 the Attorney General.’’. 

22 (d) CONSTRUCTION.—Nothing in the amendments 

23 made by this section shall be deemed to constitute author24 ity for the collection or retention of foreign intelligence 

25 or counterintelligence information not otherwise author-
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1 ized by the Constitution, laws, or Executive orders of the 

2 United States. 

3 (e) REPORTS.— 

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

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

6 annually thereafter through 2008, the Director of 

7 National Intelligence and the Attorney General, in 

8 coordination with the Privacy and Civil Liberties 

9 Oversight Board, shall jointly submit to the congres10 sional intelligence committees a report on the admin11 istration of the amendments made by this section. 

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

13 before the date specified in subsection (f), the Direc14 tor of National Intelligence and the Attorney Gen15 eral, in coordination with the Privacy and Civil Lib16 erties Oversight Board, shall jointly submit to the 

17 congressional intelligence committees a report on ad18 ministration of the amendments made by this sec19 tion. The report shall include the recommendations 

20 of the Director and the Attorney General regarding 

21 the continuation in effect of such amendments after 

22 such date. 

23 (3) REVIEW AND REPORT BY PRIVACY AND

24 CIVIL LIBERTIES OVERSIGHT BOARD.—Not later 

25 than six months before the date specified in sub-
25 

•S 1803 RS 

1 section (f), the Privacy and Civil Liberties Oversight 

2 Board shall— 

3 (A) review the administration of the 

4 amendments made by this section; and 

5 (B) in a manner consistent with section 

6 1061(c)(1) of the National Security Intelligence 

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

8 458; 118 Stat. 3684; 5 U.S.C. 601 note), sub9 mit to the congressional intelligence committees 

10 a report providing such advice and counsel on 

11 the administration of the amendments made by 

12 this section as the Board considers appropriate. 

13 (4) CONGRESSIONAL INTELLIGENCE COMMIT14 TEES DEFINED.—In this subsection, the term ‘‘con15 gressional intelligence committees’’ means— 

16 (A) the Select Committee on Intelligence of 

17 the Senate; and 

18 (B) the Permanent Select Committee on 

19 Intelligence of the House of Representatives. 

20 (f) TERMINATION.—The amendments made by this 

21 section shall cease to have effect on December 31, 2009. 
26 

•S 1803 RS 

1 SEC. 308. EXTENSION TO INTELLIGENCE COMMUNITY OF 

2 AUTHORITY TO DELETE INFORMATION 

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

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

6 States Code, is amended to read as follows: 

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

8 of the intelligence community, the head of such element 

9 may delete the information described in subparagraphs 

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

11 element certifies in writing to the Secretary of State that 

12 the publication of such information could adversely affect 

13 United States intelligence sources or methods. 

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

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

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

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

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

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

22 SEC. 309. AVAILABILITY OF FUNDS FOR TRAVEL AND 

23 TRANSPORTATION OF PERSONAL EFFECTS, 

24 HOUSEHOLD GOODS, AND AUTOMOBILES. 

25 (a) FUNDS OF OFFICE OF DIRECTOR OF NATIONAL

26 INTELLIGENCE.—Funds appropriated to the Office of the 
27 

•S 1803 RS 

1 Director of National Intelligence and available for travel 

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

5 issued in such fiscal year, notwithstanding that such travel 

6 or transportation is or may not be completed during such 

7 fiscal year. 

8 (b) FUNDS OF CENTRAL INTELLIGENCE AGENCY.— 

9 Funds appropriated to the Central Intelligence Agency 

10 and available for travel and transportation expenses shall 

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

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

15 be completed during such fiscal year. 

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

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

21 (2) Expenses in connection with transportation 

22 of personal effects, household goods, or automobiles 

23 of personnel. 
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1 TITLE IV—MATTERS RELATING 

2 TO ELEMENTS OF THE INTEL3 LIGENCE COMMUNITY 

4 Subtitle A—Office of the Director 

5 of National Intelligence 

6 SEC. 401. ADDITIONAL AUTHORITIES OF THE DIRECTOR OF 

7 NATIONAL INTELLIGENCE ON INTELLIGENCE 

8 INFORMATION SHARING. 

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

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

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

12 the end; 

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

14 and inserting a semicolon; and 

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

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

18 authority— 

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

20 and utilization of systems of common concern 

21 for elements of the intelligence community, or 

22 that support the activities of such elements, re23 lated to the collection, processing, analysis, ex24 ploitation, and dissemination of intelligence in25 formation; and 
29 

•S 1803 RS 

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

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

4 provisions of this Act and the National Security 

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

7 associated with the development, deployment, 

8 and utilization of such systems, which funds 

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

11 States Government for such purposes; and 

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

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

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

20 SEC. 402. MODIFICATION OF LIMITATION ON DELEGATION 

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

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

25 1947 (50 U.S.C. 403–1(i)(3)) is amended by inserting be-
30 

•S 1803 RS 

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

2 National Intelligence, or the Chief Information Officer of 

3 the Intelligence Community’’. 

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

6 INTELLIGENCE INFORMATION. 

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

8 (50 U.S.C. 403–1(b)) is amended— 

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

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

11 paragraph: 

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

13 ‘‘(A) have access to all information, including 

14 intelligence reports, operational data, and other as15 sociated information, concerning the human intel16 ligence operations of any element of the intelligence 

17 community authorized to undertake such collection; 

18 ‘‘(B) consistent with the protection of intel19 ligence sources and methods, ensure maximum ac20 cess to the intelligence information contained in the 

21 information referred to in subparagraph (A) 

22 throughout the intelligence community; and 

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

24 within the Office of the Director of National Intel25 ligence a mechanism for intelligence community ana-
31 

•S 1803 RS 

1 lysts and other officers with appropriate clearances 

2 and an official need-to-know to gain access to infor3 mation referred to in subparagraph (A) or (B) when 

4 relevant to their official responsibilities.’’. 

5 SEC. 404. ADDITIONAL ADMINISTRATIVE AUTHORITY OF 

6 THE DIRECTOR OF NATIONAL INTEL7 LIGENCE. 

8 Section 102A of the National Security Act of 1947 

9 (50 U.S.C. 403–1) is amended by adding at the end the 

10 following new subsection: 

11 ‘‘(s) ADDITIONAL ADMINISTRATIVE AUTHORITIES.— 

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

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

14 interagency financing of activities described in clause (i) 

15 or (ii) of subparagraph (A), in the performance of the re16 sponsibilities, authorities, and duties of the Director of 

17 National Intelligence or the Office of the Director of Na18 tional Intelligence— 

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

20 interagency financing for— 

21 ‘‘(i) national intelligence centers estab22 lished by the Director under section 119B; and 

23 ‘‘(ii) boards, commissions, councils, com24 mittees, and similar groups established by the 

25 Director; and 
32 

•S 1803 RS 

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

2 any department, agency, or element of the United 

3 States Government, including any element of the in4 telligence community, may fund or participate in the 

5 funding of such activities. 

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

7 the enactment of this subsection shall be deemed to limit 

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

9 provision makes specific reference to the authority in that 

10 paragraph.’’. 

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

12 OF THE OFFICE OF THE DIRECTOR OF NA13 TIONAL INTELLIGENCE. 

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

15 (50 U.S.C. 403–3(e)) is amended— 

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

17 HEADQUARTERS WITH HEADQUARTERS OF’’; 

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

19 ‘‘the Office’’; and 

20 (3) by striking ‘‘any other element’’ and insert21 ing ‘‘the headquarters of any other element’’. 
33 

•S 1803 RS 

1 SEC. 406. ADDITIONAL DUTIES OF THE DIRECTOR OF 

2 SCIENCE AND TECHNOLOGY OF THE OFFICE 

3 OF THE DIRECTOR OF NATIONAL INTEL4 LIGENCE. 

5 (a) COORDINATION AND PRIORITIZATION OF RE6 SEARCH CONDUCTED BY ELEMENTS OF INTELLIGENCE

7 COMMUNITY.—Subsection (d) of section 103E of the Na8 tional Security Act of 1947 (50 U.S.C. 403–3e) is amend9 ed— 

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

11 prioritize’’ after ‘‘coordinate’’; and 

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

13 paragraph: 

14 ‘‘(4) In carrying out paragraph (3)(A), the Com15 mittee shall identify basic, advanced, and applied research 

16 programs to be carried out by elements of the intelligence 

17 community.’’. 

18 (b) DEVELOPMENT OF TECHNOLOGY GOALS.—That 

19 section is further amended— 

20 (1) in subsection (c)— 

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

22 the end; 

23 (B) by redesignating paragraph (5) as 

24 paragraph (8); and 

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

26 following new paragraphs: 
34 

•S 1803 RS 

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

2 the elements of the intelligence community to meet 

3 the technology needs of the intelligence community; 

4 ‘‘(6) under the direction of the Director, estab5 lish engineering standards and specifications appli6 cable to each acquisition of a major system (as that 

7 term is defined in section 506A(e)(3)) by the intel8 ligence community; 

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

10 the intelligence community for a major system (as so 

11 defined) complies with the standards and specifica12 tions established under paragraph (6); and’’; and 

13 (2) by adding at the end the following new sub14 section: 

15 ‘‘(e) GOALS FOR TECHNOLOGY NEEDS OF INTEL16 LIGENCE COMMUNITY.—In carrying out subsection (c)(5), 

17 the Director of Science and Technology shall— 

18 ‘‘(1) perform systematic identification and as19 sessment of the most significant intelligence chal20 lenges that require technical solutions; 

21 ‘‘(2) examine options to enhance the responsive22 ness of research and design programs to meet the 

23 requirements of the intelligence community for time24 ly support; and 
35 

•S 1803 RS 

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

2 in establishing research and development priorities 

3 and projects for the intelligence community that— 

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

5 national intelligence requirements; 

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

7 collection, processing, analysis, or dissemination 

8 of national intelligence; 

9 ‘‘(C) take into account funding constraints 

10 in program development and acquisition; and 

11 ‘‘(D) address system requirements from 

12 collection to final dissemination (also known as 

13 ‘end-to-end architecture’).’’. 

14 (c) REPORT.—(1) Not later than June 30, 2006, the 

15 Director of National Intelligence shall submit to Congress 

16 a report containing a strategy for the development and 

17 use of technology in the intelligence community through 

18 2021. 

19 (2) The report shall include— 

20 (A) an assessment of the highest priority intel21 ligence gaps across the intelligence community that 

22 may be resolved by the use of technology; 

23 (B) goals for advanced research and develop24 ment and a strategy to achieve such goals; 
36 

•S 1803 RS 

1 (C) an explanation of how each advanced re2 search and development project funded under the 

3 National Intelligence Program addresses an identi4 fied intelligence gap; 

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

6 and development projects by research type (basic, 

7 advanced, or applied) with estimated funding levels, 

8 estimated initiation dates, and estimated completion 

9 dates; and 

10 (E) a plan to incorporate technology from re11 search and development projects into National Intel12 ligence Program acquisition programs. 

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

14 SEC. 407. APPOINTMENT AND TITLE OF CHIEF INFORMA15 TION OFFICER OF THE INTELLIGENCE COM16 MUNITY. 

17 (a) APPOINTMENT.—Subsection (a) of section 103G 

18 of the National Security Act of 1947 (50 U.S.C. 403–3g) 

19 is amended by striking ‘‘the President, by and with the 

20 advice and consent of the Senate’’ and inserting ‘‘the Di21 rector of National Intelligence’’. 

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

23 (1) in subsection (a), by inserting ‘‘of the Intel24 ligence Community’’ after ‘‘Chief Information Offi25 cer’’; 
37 

•S 1803 RS 

1 (2) in subsection (b), by inserting ‘‘of the Intel2 ligence Community’’ after ‘‘Chief Information Offi3 cer’’; 

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

7 (4) in subsection (d), by inserting ‘‘of the Intel8 ligence Community’’ after ‘‘Chief Information Offi9 cer’’ the first place it appears. 

10 SEC. 408. INSPECTOR GENERAL OF THE INTELLIGENCE 

11 COMMUNITY. 

12 (a) ESTABLISHMENT.—(1) Title I of the National Se13 curity Act of 1947 (50 U.S.C. 402 et seq.) is amended 

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

15 ‘‘INSPECTOR GENERAL OF THE INTELLIGENCE

16 COMMUNITY

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

18 OF INTELLIGENCE COMMUNITY.—There is within the Of19 fice of the Director of National Intelligence an Office of 

20 the Inspector General of the Intelligence Community. 

21 ‘‘(b) PURPOSE.—The purpose of the Office of the In22 spector General of the Intelligence Community is to— 

23 ‘‘(1) create an objective and effective office, ap24 propriately accountable to Congress, to initiate and 

25 conduct independently investigations, inspections, 

26 and audits relating to— 
38 

•S 1803 RS 

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

2 intelligence community; 

3 ‘‘(B) the elements of the intelligence com4 munity within the National Intelligence Pro5 gram; and 

6 ‘‘(C) the relationships between the ele7 ments of the intelligence community within the 

8 National Intelligence Program and the other 

9 elements of the intelligence community; 

10 ‘‘(2) recommend policies designed— 

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

12 effectiveness in the administration and imple13 mentation of such programs and operations, 

14 and in such relationships; and 

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

16 abuse in such programs, operations, and rela17 tionships; 

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

19 of National Intelligence fully and currently informed 

20 about— 

21 ‘‘(A) problems and deficiencies relating to 

22 the administration and implementation of such 

23 programs and operations, and to such relation24 ships; and 
39 

•S 1803 RS 

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

2 corrective actions; and 

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

4 ensure that the congressional intelligence committees 

5 are kept similarly informed of— 

6 ‘‘(A) significant problems and deficiencies 

7 relating to the administration and implementa8 tion of such programs and operations, and to 

9 such relationships; and 

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

11 corrective actions. 

12 ‘‘(c) INSPECTOR GENERAL OF INTELLIGENCE COM13 MUNITY.—(1) There is an Inspector General of the Intel14 ligence Community, who shall be the head of the Office 

15 of the Inspector General of the Intelligence Community, 

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

17 advice and consent of the Senate. 

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

19 as Inspector General shall be made— 

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

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

22 with the security standards of the intelligence com23 munity, and prior experience in the field of intel24 ligence or national security; and 
40 

•S 1803 RS 

1 ‘‘(C) on the basis of demonstrated ability in ac2 counting, financial analysis, law, management anal3 ysis, public administration, or auditing. 

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

5 and be under the general supervision of the Director of 

6 National Intelligence. 

7 ‘‘(4) The Inspector General may be removed from of8 fice only by the President. The President shall imme9 diately communicate in writing to the congressional intel10 ligence committees the reasons for the removal of any indi11 vidual from the position of Inspector General. 

12 ‘‘(d) DUTIES AND RESPONSIBILITIES.—It shall be 

13 the duty and responsibility of the Inspector General of the 

14 Intelligence Community— 

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

16 conduct, supervise, and coordinate independently, 

17 the investigations, inspections, and audits relating to 

18 the programs and operations of the intelligence com19 munity, the elements of the intelligence community 

20 within the National Intelligence Program, and the 

21 relationships between the elements of the intelligence 

22 community within the National Intelligence Program 

23 and the other elements of the intelligence community 

24 to ensure they are conducted efficiently and in ac25 cordance with applicable law and regulations; 
41 

•S 1803 RS 

1 ‘‘(2) to keep the Director of National Intel2 ligence fully and currently informed concerning vio3 lations of law and regulations, violations of civil lib4 erties and privacy, and fraud and other serious prob5 lems, abuses, and deficiencies that may occur in 

6 such programs and operations, and in such relation7 ships, and to report the progress made in imple8 menting corrective action; 

9 ‘‘(3) to take due regard for the protection of in10 telligence sources and methods in the preparation of 

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

12 the extent consistent with the purpose and objective 

13 of such reports, take such measures as may be ap14 propriate to minimize the disclosure of intelligence 

15 sources and methods described in such reports; and 

16 ‘‘(4) in the execution of the duties and respon17 sibilities under this section, to comply with generally 

18 accepted government auditing standards. 

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

20 of National Intelligence may prohibit the Inspector Gen21 eral of the Intelligence Community from initiating, car22 rying out, or completing any investigation, inspection, or 

23 audit if the Director determines that such prohibition is 

24 necessary to protect vital national security interests of the 

25 United States. 
42 

•S 1803 RS 

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

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

3 classified statement of the reasons for the exercise of such 

4 authority within 7 days to the congressional intelligence 

5 committees. 

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

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

8 and, to the extent consistent with the protection of intel9 ligence sources and methods, provide the Inspector Gen10 eral with a copy of such report. 

11 ‘‘(4) The Inspector General may submit to the con12 gressional intelligence committees any comments on a re13 port of which the Inspector General has notice under para14 graph (3) that the Inspector General considers appro15 priate. 

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

17 the Intelligence Community shall have direct and prompt 

18 access to the Director of National Intelligence when nec19 essary for any purpose pertaining to the performance of 

20 the duties of the Inspector General. 

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

22 any employee, or any employee of a contractor, of any ele23 ment of the intelligence community whose testimony is 

24 needed for the performance of the duties of the Inspector 

25 General. 
43 

•S 1803 RS 

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

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

3 recommendations, or other material which relate to the 

4 programs and operations with respect to which the Inspec5 tor General has responsibilities under this section. 

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

7 of information shall not, in and of itself, provide a suffi8 cient rationale for denying the Inspector General access 

9 to any materials under subparagraph (B). 

10 ‘‘(D) Failure on the part of any employee, or any em11 ployee of a contractor, of any element of the intelligence 

12 community to cooperate with the Inspector General shall 

13 be grounds for appropriate administrative actions by the 

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

15 appropriate officials of the intelligence community, includ16 ing loss of employment or the termination of an existing 

17 contractual relationship. 

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

19 and investigate complaints or information from any person 

20 concerning the existence of an activity constituting a viola21 tion of laws, rules, or regulations, or mismanagement, 

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

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

24 such complaint or information has been received from an 

25 employee of the Federal Government— 
44 

•S 1803 RS 

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

2 the identity of the employee without the consent of 

3 the employee, unless the Inspector General deter4 mines that such disclosure is unavoidable during the 

5 course of the investigation or the disclosure is made 

6 to an official of the Department of Justice respon7 sible for determining whether a prosecution should 

8 be undertaken; and 

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

10 of reprisal, for making such complaint may be taken 

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

12 unless the complaint was made or the information 

13 was disclosed with the knowledge that it was false 

14 or with willful disregard for its truth or falsity. 

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

16 administer to or take from any person an oath, affirma17 tion, or affidavit, whenever necessary in the performance 

18 of the duties of the Inspector General, which oath, affir19 mation, or affidavit when administered or taken by or be20 fore an employee of the Office of the Inspector General 

21 of the Intelligence Community designated by the Inspector 

22 General shall have the same force and effect as if adminis23 tered or taken by or before an officer having a seal. 

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

25 Inspector General is authorized to require by subpoena the 
45 

•S 1803 RS 

1 production of all information, documents, reports, an2 swers, records, accounts, papers, and other data and docu3 mentary evidence necessary in the performance of the du4 ties and responsibilities of the Inspector General. 

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

6 elements of the United States Government, the Inspector 

7 General shall obtain information, documents, reports, an8 swers, records, accounts, papers, and other data and evi9 dence for the purpose specified in subparagraph (A) using 

10 procedures other than by subpoenas. 

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

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

13 community, including the Office of the Director of Na14 tional Intelligence. 

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

16 subpoena issued under this paragraph, the subpoena shall 

17 be enforceable by order of any appropriate district court 

18 of the United States. 

19 ‘‘(g) COORDINATION AMONG INSPECTORS GENERAL

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

21 matter within the jurisdiction of the Inspector General of 

22 the Intelligence Community that may be subject to an in23 vestigation, inspection, or audit by both the Inspector 

24 General of the Intelligence Community and an Inspector 

25 General, whether statutory or administrative, with over-
46 

•S 1803 RS 

1 sight responsibility for an element or elements of the intel2 ligence community, the Inspector General of the Intel3 ligence Community and such other Inspector or Inspectors 

4 General shall expeditiously resolve which Inspector Gen5 eral shall conduct such investigation, inspection, or audit. 

6 The Inspector General of the Intelligence Community shall 

7 make the final decision on the resolution of such jurisdic8 tion. 

9 ‘‘(2) The Inspector General conducting an investiga10 tion, inspection, or audit covered by paragraph (1) shall 

11 submit the results of such investigation, inspection, or 

12 audit to any other Inspector General, including the Inspec13 tor General of the Intelligence Community, with jurisdic14 tion to conduct such investigation, inspection, or audit 

15 who did not conduct such investigation, inspection, or 

16 audit. 

17 ‘‘(3) If an investigation, inspection, or audit covered 

18 by paragraph (1) is conducted by an Inspector General 

19 other than the Inspector General of the Intelligence Com20 munity, the Inspector General of the Intelligence Commu21 nity may, upon completion of such investigation, inspec22 tion, or audit by such other Inspector General, conduct 

23 under this section a separate investigation, inspection, or 

24 audit of the matter concerned if the Inspector General of 

25 the Intelligence Community determines that such initial 
47 

•S 1803 RS 

1 investigation, inspection, or audit was deficient in some 

2 manner or that further investigation, inspection, or audit 

3 is required. 

4 ‘‘(h) STAFF AND OTHER SUPPORT.—(1) The Inspec5 tor General of the Intelligence Community shall be pro6 vided with appropriate and adequate office space at cen7 tral and field office locations, together with such equip8 ment, office supplies, maintenance services, and commu9 nications facilities and services as may be necessary for 

10 the operation of such offices. 

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

12 the Director of National Intelligence, the Inspector Gen13 eral shall select, appoint, and employ such officers and em14 ployees as may be necessary to carry out the functions 

15 of the Inspector General. The Inspector General shall en16 sure that any officer or employee so selected, appointed, 

17 or employed has security clearances appropriate for the 

18 assigned duties of such officer or employee. 

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

20 the Inspector General shall ensure that such officers and 

21 employees have the requisite training and experience to 

22 enable the Inspector General to carry out the duties of 

23 the Inspector General effectively. 

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

25 the Inspector General shall create within the Office of the 
48 

•S 1803 RS 

1 Inspector General of the Intelligence Community a career 

2 cadre of sufficient size to provide appropriate continuity 

3 and objectivity needed for the effective performance of the 

4 duties of the Inspector General. 

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

6 the Inspector General may request such information or as7 sistance as may be necessary for carrying out the duties 

8 and responsibilities of the Inspector General from any de9 partment, agency, or other element of the United States 

10 Government. 

11 ‘‘(B) Upon request of the Inspector General for infor12 mation or assistance under subparagraph (A), the head 

13 of the department, agency, or element concerned shall, in14 sofar as is practicable and not in contravention of any ex15 isting statutory restriction or regulation of the depart16 ment, agency, or element, furnish to the Inspector Gen17 eral, or to an authorized designee, such information or as18 sistance. 

19 ‘‘(C) Each Inspector General of an element of the in20 telligence community shall comply fully with a request for 

21 information or assistance from the Inspector General of 

22 the Intelligence Community. 

23 ‘‘(D) The Inspector General of the Intelligence Com24 munity may, upon reasonable notice to the head of any 

25 element of the intelligence community, conduct, as author-
49 

•S 1803 RS 

1 ized by this section, an investigation, inspection, or audit 

2 of such element and may enter into any place occupied 

3 by such element for purposes of the performance of the 

4 duties of the Inspector General. 

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

6 Intelligence Community shall, not later than January 31 

7 and July 31 of each year, prepare and submit to the Di8 rector of National Intelligence a classified, and, as appro9 priate, unclassified semiannual report summarizing the ac10 tivities of the Office of the Inspector General of the Intel11 ligence Community during the immediately preceding 6- 

12 month periods ending December 31 (of the preceding 

13 year) and June 30, respectively. 

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

15 at a minimum, the following: 

16 ‘‘(i) A list of the title or subject of each inves17 tigation, inspection, or audit conducted during the 

18 period covered by such report, including a summary 

19 of the progress of each particular investigation, in20 spection, or audit since the preceding report of the 

21 Inspector General under this paragraph. 

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

23 abuses, and deficiencies relating to the administra24 tion and implementation of programs and operations 

25 of the intelligence community, and in the relation-
50 

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1 ships between elements of the intelligence commu2 nity, identified by the Inspector General during the 

3 period covered by such report. 

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

5 corrective or disciplinary action made by the Inspec6 tor General during the period covered by such report 

7 with respect to significant problems, abuses, or defi8 ciencies identified in clause (ii). 

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

10 disciplinary action has been completed on each sig11 nificant recommendation described in previous semi12 annual reports, and, in a case where corrective ac13 tion has been completed, a description of such cor14 rective action. 

15 ‘‘(v) A certification whether or not the Inspec16 tor General has had full and direct access to all in17 formation relevant to the performance of the func18 tions of the Inspector General. 

19 ‘‘(vi) A description of the exercise of the sub20 poena authority under subsection (f)(5) by the In21 spector General during the period covered by such 

22 report. 

23 ‘‘(vii) Such recommendations as the Inspector 

24 General considers appropriate for legislation to pro25 mote economy, efficiency, and effectiveness in the 
51 

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1 administration and implementation of programs and 

2 operations undertaken by the intelligence commu3 nity, and in the relationships between elements of 

4 the intelligence community, and to detect and elimi5 nate fraud and abuse in such programs and oper6 ations and in such relationships. 

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

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

9 shall transmit the report to the congressional intelligence 

10 committees together with any comments the Director con11 siders appropriate. 

12 ‘‘(2)(A) The Inspector General shall report imme13 diately to the Director whenever the Inspector General be14 comes aware of particularly serious or flagrant problems, 

15 abuses, or deficiencies relating to the administration and 

16 implementation of programs or operations of the intel17 ligence community or in the relationships between ele18 ments of the intelligence community. 

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

20 intelligence committees each report under subparagraph 

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

22 together with such comments as the Director considers ap23 propriate. 

24 ‘‘(3) In the event that— 
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1 ‘‘(A) the Inspector General is unable to resolve 

2 any differences with the Director affecting the exe3 cution of the duties or responsibilities of the Inspec4 tor General; 

5 ‘‘(B) an investigation, inspection, or audit car6 ried out by the Inspector General focuses on any 

7 current or former intelligence community official 

8 who— 

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

10 of the intelligence community that is subject to 

11 appointment by the President, whether or not 

12 by and with the advice and consent of the Sen13 ate, including such a position held on an acting 

14 basis; 

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

16 of the intelligence community, including a posi17 tion held on an acting basis, that is appointed 

18 by the Director of National Intelligence; or 

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

20 element of the intelligence community or a posi21 tion covered by subsection (b) or (c) of section 

22 106; 

23 ‘‘(C) a matter requires a report by the Inspec24 tor General to the Department of Justice on possible 
53 

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1 criminal conduct by a current or former official de2 scribed in subparagraph (B); 

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

4 the Department of Justice declining or approving 

5 prosecution of possible criminal conduct of any cur6 rent or former official described in subparagraph 

7 (B); or 

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

9 possible alternatives, is unable to obtain significant 

10 documentary information in the course of an inves11 tigation, inspection, or audit, 

12 the Inspector General shall immediately notify and submit 

13 a report on such matter to the congressional intelligence 

14 committees. 

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

16 to the congressional intelligence committees any report or 

17 findings and recommendations of an investigation, inspec18 tion, or audit conducted by the office which has been re19 quested by the Chairman or Vice Chairman or Ranking 

20 Minority Member of either committee. 

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

22 community, an employee assigned or detailed to an ele23 ment of the intelligence community, or an employee of a 

24 contractor to the intelligence community who intends to 

25 report to Congress a complaint or information with respect 
54 

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1 to an urgent concern may report such complaint or infor2 mation to the Inspector General. 

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

4 period beginning on the date of receipt from an employee 

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

6 the Inspector General shall determine whether the com7 plaint or information appears credible. Upon making such 

8 a determination, the Inspector General shall transmit to 

9 the Director a notice of that determination, together with 

10 the complaint or information. 

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

12 General under subparagraph (B), the Director shall, with13 in seven calendar days of such receipt, forward such trans14 mittal to the congressional intelligence committees, to15 gether with any comments the Director considers appro16 priate. 

17 ‘‘(D)(i) If the Inspector General does not find cred18 ible under subparagraph (B) a complaint or information 

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

20 the complaint or information to the Director in accurate 

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

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

23 Congress by contacting either or both of the congressional 

24 intelligence committees directly. 
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1 ‘‘(ii) An employee may contact the intelligence com2 mittees directly as described in clause (i) only if the em3 ployee— 

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

5 the Director, through the Inspector General, a state6 ment of the employee’s complaint or information and 

7 notice of the employee’s intent to contact the con8 gressional intelligence committees directly; and 

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

10 through the Inspector General, direction on how to 

11 contact the intelligence committees in accordance 

12 with appropriate security practices. 

13 ‘‘(iii) A member or employee of one of the congres14 sional intelligence committees who receives a complaint or 

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

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

17 such committee. 

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

19 who reports a complaint or information to the Inspector 

20 General under this paragraph of each action taken under 

21 this paragraph with respect to the complaint or informa22 tion. Such notice shall be provided not later than 3 days 

23 after any such action is taken. 
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1 ‘‘(F) An action taken by the Director or the Inspector 

2 General under this paragraph shall not be subject to judi3 cial review. 

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

5 means any of the following: 

6 ‘‘(i) A serious or flagrant problem, abuse, viola7 tion of law or Executive order, or deficiency relating 

8 to the funding, administration, or operations of an 

9 intelligence activity involving classified information, 

10 but does not include differences of opinions con11 cerning public policy matters. 

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

13 withholding from Congress, on an issue of material 

14 fact relating to the funding, administration, or oper15 ation of an intelligence activity. 

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

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

18 States Code, constituting reprisal or threat of re19 prisal prohibited under subsection (f)(3)(B) of this 

20 section in response to an employee’s reporting an ur21 gent concern in accordance with this paragraph. 

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

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

24 section 701(b) of the Intelligence Community Whistle-
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1 blower Protection Act of 1998 (title VII of Public Law 

2 105–272; 5 U.S.C. App. 8H note). 

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

4 United States Code, the Inspector General shall report to 

5 the Attorney General any information, allegation, or com6 plaint received by the Inspector General relating to viola7 tions of Federal criminal law that involves a program or 

8 operation of an element of the intelligence community, or 

9 in the relationships between the elements of the intel10 ligence community, consistent with such guidelines as may 

11 be issued by the Attorney General pursuant to subsection 

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

13 be furnished to the Director. 

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

15 National Intelligence shall, in accordance with procedures 

16 to be issued by the Director in consultation with the con17 gressional intelligence committees, include in the National 

18 Intelligence Program budget a separate account for the 

19 Office of Inspector General of the Intelligence Community. 

20 ‘‘(k) CONSTRUCTION OF DUTIES REGARDING ELE21 MENTS OF INTELLIGENCE COMMUNITY.—Except as re22 solved pursuant to subsection (g), the performance by the 

23 Inspector General of the Intelligence Community of any 

24 duty, responsibility, or function regarding an element of 

25 the intelligence community shall not be construed to mod-
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1 ify or effect the duties and responsibilities of any other 

2 Inspector General, whether statutory or administrative, 

3 having duties and responsibilities relating to such ele4 ment.’’. 

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

6 National Security Act of 1947 is amended by inserting 

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

8 item: 

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

9 (b) REPEAL OF SUPERSEDED AUTHORITY TO ES10 TABLISH POSITION.—Section 8K of the Inspector General 

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

12 (c) EXECUTIVE SCHEDULE LEVEL IV.—Section 

13 5314 of title 5, United States Code, is amended by adding 

14 at the end the following new item: 

15 ‘‘Inspector General of the Intelligence Commu16 nity.’’. 

17 (d) PLACEMENT WITHIN OFFICE OF DIRECTOR OF

18 NATIONAL INTELLIGENCE.—Section 103(c) of the Na19 tional Security Act of 1947 (50 U.S.C. 403–3(c)) is 

20 amended— 

21 (1) by redesignating paragraph (9) as para22 graph (11); and 

23 (2) by inserting after paragraph (8) the fol24 lowing new paragraphs: 
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1 ‘‘(9) The Chief Information Officer of the Intel2 ligence Community. 

3 ‘‘(10) The Office of the Inspector General of 

4 the Intelligence Community.’’. 

5 SEC. 409. LEADERSHIP AND LOCATION OF NATIONAL 

6 COUNTER PROLIFERATION CENTER. 

7 (a) IN GENERAL.—Section 119A(a) of the National 

8 Security Act of 1947 (50 U.S.C. 404o–1(a)) is amended— 

9 (1) by striking ‘‘Not later than 18 months after 

10 the date of the enactment of this Act, the’’ and in11 serting ‘‘(1) The’’; and 

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

13 paragraphs: 

14 ‘‘(2) The head of the National Counter Proliferation 

15 Center shall be the Director of the National Counter Pro16 liferation Center, who shall be appointed by the Director 

17 of National Intelligence. 

18 ‘‘(3) The National Counter Proliferation Center shall 

19 be located within the Office of the Director of National 

20 Intelligence.’’. 

21 (b) CONFORMING AMENDMENT.—Section 103(c) of 

22 that Act (50 U.S.C. 403–3(c)), as amended by section 

23 408(d) of this Act, is further amended— 

24 (1) by redesignating paragraph (11) as para25 graph (12); and 
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1 (2) by inserting after paragraph (10) the fol2 lowing new paragraph (11): 

3 ‘‘(11) The Director of the National Counter 

4 Proliferation Center.’’. 

5 SEC. 410. OPERATIONAL FILES IN THE OFFICE OF THE DI6 RECTOR OF NATIONAL INTELLIGENCE. 

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

8 Act of 1947 (50 U.S.C. 431 et seq.) is amended by insert9 ing before section 701 the following new section: 

10 ‘‘OPERATIONAL FILES IN THE OFFICE OF THE DIRECTOR

11 OF NATIONAL INTELLIGENCE

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

13 FROM SEARCH, REVIEW, PUBLICATION, OR DISCLO14 SURE.—(1) Information and records described in para15 graph (2) shall be exempt from the provisions of section 

16 552 of title 5, United States Code, that require search, 

17 review, publication, or disclosure in connection therewith 

18 when— 

19 ‘‘(A) such information or records are not dis20 seminated outside the Office of the Director of Na21 tional Intelligence; or 

22 ‘‘(B) such information or records are incor23 porated into new information or records created by 

24 personnel of the Office in a manner that identifies 

25 such new information or records as incorporating 
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1 such information or records and such new informa2 tion or records are not disseminated outside the Of3 fice. 

4 ‘‘(2) Information and records described in this para5 graph are the following: 

6 ‘‘(A) Information disseminated or otherwise 

7 provided to an element of the Office of the Director 

8 of National Intelligence from the operational files of 

9 an element of the intelligence community that have 

10 been exempted from search, review, publication, or 

11 disclosure in accordance with this title or any other 

12 provision of law. 

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

14 Office that incorporate information described in sub15 paragraph (A). 

16 ‘‘(3) An operational file of an element of the intel17 ligence community from which information described in 

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

19 of the Director of National Intelligence as described in 

20 that paragraph shall remain exempt from search, review, 

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

22 United States Code, to the extent the operational files 

23 from which such information was derived remain exempt 

24 from search, review, publication, or disclosure under sec25 tion 552 of such title. 
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•S 1803 RS 

1 ‘‘(b) SEARCH AND REVIEW OF CERTAIN FILES.—In2 formation disseminated or otherwise provided to the Office 

3 of the Director of National Intelligence by another element 

4 of the intelligence community that is not exempt from 

5 search, review, publication, or disclosure under subsection 

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

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

8 552 of title 5, United States Code, but may remain exempt 

9 from publication and disclosure under such section by the 

10 element disseminating or providing such information to 

11 the Office to the extent authorized by such section. 

12 ‘‘(c) SEARCH AND REVIEW FOR CERTAIN PUR13 POSES.—Notwithstanding subsection (a), exempted oper14 ational files shall continue to be subject to search and re15 view for information concerning any of the following: 

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

17 admitted for permanent residence who have re18 quested information on themselves pursuant to the 

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

20 States Code. 

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

22 is not exempt from disclosure under the provisions 

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

24 ‘‘(3) The specific subject matter of an investiga25 tion by any of the following for any impropriety, or 
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1 violation of law, Executive order, or Presidential di2 rective, in the conduct of an intelligence activity: 

3 ‘‘(A) The Select Committee on Intelligence 

4 of the Senate. 

5 ‘‘(B) The Permanent Select Committee on 

6 Intelligence of the House of Representatives. 

7 ‘‘(C) The Intelligence Oversight Board. 

8 ‘‘(D) The Department of Justice. 

9 ‘‘(E) The Office of the Director of Na10 tional Intelligence.’’. 

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

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

13 before the item relating to section 701 the following new 

14 item: 

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

15 SEC. 411. ELIGIBILITY FOR INCENTIVE AWARDS OF PER16 SONNEL ASSIGNED TO THE OFFICE OF THE 

17 DIRECTOR OF NATIONAL INTELLIGENCE. 

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

19 the Intelligence Authorization Act for Fiscal Year 1984 

20 (50 U.S.C. 403e–1) is amended to read as follows: 

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

22 The Director of National Intelligence may exercise the au23 thority granted in section 4503 of title 5, United States 

24 Code, with respect to Federal employees and members of 
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1 the Armed Forces detailed or assigned to the Office of 

2 the Director of National Intelligence in the same manner 

3 as such authority may be exercised with respect to per4 sonnel of the Office. 

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

6 may exercise the authority granted in section 4503 of title 

7 5, United States Code, with respect to Federal employees 

8 and members of the Armed Forces detailed or assigned 

9 to the Central Intelligence Agency in the same manner as 

10 such authority may be exercised with respect to personnel 

11 of the Agency.’’. 

12 (b) REPEAL OF OBSOLETE AUTHORITY.—That sec13 tion is further amended— 

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

15 (2) by redesignating subsection (d) as sub16 section (c). 

17 (c) CONFORMING AMENDMENTS.—That section is 

18 further amended— 

19 (1) in subsection (b), by striking ‘‘to the Cen20 tral Intelligence Agency or to the Intelligence Com21 munity Staff’’ and inserting ‘‘to the Office of the Di22 rector of National Intelligence or to the Central In23 telligence Agency’’; and 

24 (2) in subsection (c), as redesignated by sub25 section (b)(2) of this section, by striking ‘‘Director 
65 

•S 1803 RS 

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

2 National Intelligence or Director of the Central In3 telligence Agency’’. 

4 (d) TECHNICAL AND STYLISTIC AMENDMENTS.— 

5 That section is further amended— 

6 (1) in subsection (b)— 

7 (A) by inserting ‘‘PERSONNEL ELIGIBLE

8 FOR AWARDS.—’’ after ‘‘(b)’’; 

9 (B) by striking ‘‘subsection (a) of this sec10 tion’’ and inserting ‘‘subsection (a)’’; and 

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

12 the date of enactment of this section’’ and in13 serting ‘‘December 9, 1978’’; and 

14 (2) in subsection (c), as so redesignated, by in15 serting ‘‘PAYMENT AND ACCEPTANCE OF

16 AWARDS.—’’ after ‘‘(c)’’. 

17 SEC. 412. REPEAL OF CERTAIN AUTHORITIES RELATING TO 

18 THE OFFICE OF THE NATIONAL COUNTER19 INTELLIGENCE EXECUTIVE. 

20 (a) REPEAL OF CERTAIN AUTHORITIES.—Section 

21 904 of the Counterintelligence Enhancement Act of 2002 

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

23 amended— 

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

25 (j); and 
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•S 1803 RS 

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

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

3 respectively. 

4 (b) CONFORMING AMENDMENTS.—That section is 

5 further amended— 

6 (1) in subsection (d), as redesignated by sub7 section (a)(2) of this section, by striking ‘‘subsection 

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

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

10 (2) in subsection (f)(2), as so redesignated, by 

11 striking ‘‘subsection (e)(2)’’ and inserting ‘‘sub12 section (d)(2)’’. 

13 SEC. 413. INAPPLICABILITY OF FEDERAL ADVISORY COM14 MITTEE ACT TO ADVISORY COMMITTEES OF 

15 THE OFFICE OF THE DIRECTOR OF NATIONAL 

16 INTELLIGENCE. 

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

18 (5 U.S.C. App.) is amended— 

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

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

21 inserting ‘‘; or’’; and 

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

23 paragraph: 

24 ‘‘(3) the Office of the Director of National In25 telligence.’’. 
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1 SEC. 414. MEMBERSHIP OF THE DIRECTOR OF NATIONAL 

2 INTELLIGENCE ON THE TRANSPORTATION 

3 SECURITY OVERSIGHT BOARD. 

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

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

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

7 or the Director’s designee.’’. 

8 SEC. 415. TEMPORARY INAPPLICABILITY TO THE OFFICE 

9 OF THE DIRECTOR OF NATIONAL INTEL10 LIGENCE OF CERTAIN FINANCIAL REPORT11 ING REQUIREMENTS. 

12 (a) IN GENERAL.—The Director of National Intel13 ligence shall not be required to submit an audited financial 

14 statement under section 3515 of title 31, United States 

15 Code, for the Office of the Director of National Intel16 ligence with respect to fiscal year 2005, 2006, or 2007. 

17 (b) SENSE OF CONGRESS.—It is the sense of Con18 gress that the Director of National Intelligence should 

19 make every effort to comply with the requirements of sec20 tion 3515 of title 31, United States Code, at the earliest 

21 possible date, notwithstanding the exemption in subsection 

22 (a). 
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1 SEC. 416. APPLICABILITY OF THE PRIVACY ACT TO THE DI2 RECTOR OF NATIONAL INTELLIGENCE AND 

3 THE OFFICE OF THE DIRECTOR OF NATIONAL 

4 INTELLIGENCE. 

5 (a) AUTHORITY TO EXEMPT.—The Director of Na6 tional Intelligence may prescribe regulations to exempt 

7 any system of records within the Office of the Director 

8 of National Intelligence from the applicability of the provi9 sions of subsections (c)(3), (c)(4), and (d) of section 552a 

10 of title 5, United States Code. 

11 (b) PROMULGATION REQUIREMENTS.—In prescribing 

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

13 comply with the requirements (including general notice re14 quirements) of subsections (b), (c), and (e) of section 553 

15 of title 5, United States Code. 

16 SEC. 417. TEMPORARY EXEMPTION FROM PERSONNEL LIM17 ITS OF CERTAIN OFFICE OF DIRECTOR OF 

18 NATIONAL INTELLIGENCE PERSONNEL AS19 SIGNED TO THE NATIONAL 

20 COUNTERTERRORISM CENTER. 

21 (a) EXEMPTION.—Any personnel position in the Of22 fice of the Director of National Intelligence that is held 

23 by an employee of the Office of the Director of National 

24 Intelligence who is assigned on a full-time basis to the Na25 tional Counterterrorism Center shall not be counted 

26 against any limitation applicable to new personnel posi-
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•S 1803 RS 

1 tions within the Office of the Director of National Intel2 ligence under section 1096 of the National Security Intel3 ligence Reform Act of 2004 (title I of Public Law 108– 

4 458; 118 Stat. 3698; 50 U.S.C. 401 note). 

5 (b) APPLICABILITY.—Subsection (a) shall apply dur6 ing fiscal years 2005 and 2006. 

7 Subtitle B—Central Intelligence 

8 Agency 

9 SEC. 421. DIRECTOR AND DEPUTY DIRECTOR OF THE CEN10 TRAL INTELLIGENCE AGENCY. 

11 (a) APPOINTMENT OF DIRECTOR OF CENTRAL IN12 TELLIGENCE AGENCY.—Section 104A(a) of the National 

13 Security Act of 1947 (50 U.S.C. 403–4a(a)) is amended 

14 by inserting ‘‘from civilian life’’ after ‘‘who shall be ap15 pointed’’. 

16 (b) ESTABLISHMENT OF POSITION OF DEPUTY DI17 RECTOR OF CENTRAL INTELLIGENCE AGENCY.—Such 

18 section is further amended— 

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

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

21 and (h), respectively; and 

22 (2) by inserting after subsection (a) the fol23 lowing new subsection (b): 

24 ‘‘(b) DEPUTY DIRECTOR OF CENTRAL INTEL25 LIGENCE AGENCY.—(1) There is a Deputy Director of the 
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1 Central Intelligence Agency who shall be appointed from 

2 civilian life by the President, by and with the advice and 

3 consent of the Senate. 

4 ‘‘(2) The Deputy Director of the Central Intelligence 

5 Agency shall assist the Director of the Central Intelligence 

6 Agency in carrying out the duties and responsibilities of 

7 the Director. 

8 ‘‘(3) The Deputy Director of the Central Intelligence 

9 Agency shall act for, and exercise the powers of, the Direc10 tor of the Central Intelligence Agency during the absence 

11 or disability of the Director of the Central Intelligence 

12 Agency or during a vacancy in the position of Director 

13 of the Central Intelligence Agency.’’. 

14 (c) CONFORMING AMENDMENT.—Paragraph (2) of 

15 subsection (d) of such section, as redesignated by sub16 section (b)(1) of this section, is further amended by strik17 ing ‘‘subsection (d)’’ and inserting ‘‘subsection (e)’’. 

18 (d) EXECUTIVE SCHEDULE LEVEL III.—Section 

19 5314 of title 5, United States Code, is amended by adding 

20 at the end the following new item: 

21 ‘‘Deputy Director of the Central Intelligence 

22 Agency.’’. 

23 (e) ROLE OF DNI IN APPOINTMENT.—Section 

24 106(a)(2) of the National Security Act of 1947 (50 U.S.C. 
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1 403–6) is amended by adding at the end the following new 

2 subparagraph: 

3 ‘‘(C) The Deputy Director of the Central Intel4 ligence Agency.’’. 

5 (f) MILITARY STATUS OF INDIVIDUAL ADMINISTRA6 TIVELY PERFORMING DUTIES OF DEPUTY DIRECTOR OF

7 CENTRAL INTELLIGENCE AGENCY.—(1) The commis8 sioned officer of the Armed Forces who is engaged in ad9 ministrative performance of the duties of Deputy Director 

10 of the Central Intelligence Agency as of the date of the 

11 enactment of this Act shall not, while continuing in the 

12 administrative performance of such duties after that 

13 date— 

14 (A) be subject to supervision or control by the 

15 Secretary of Defense or by any officer or employee 

16 of the Department of Defense; or 

17 (B) exercise, by reason of the officer’s status as 

18 a commissioned officer, any supervision or control 

19 with respect to any of the military or civilian per20 sonnel of the Department of Defense except as oth21 erwise authorized by law. 

22 (2) Except as provided in subparagraph (A) or (B) 

23 of paragraph (1), the administrative performance of duties 

24 described in that paragraph by the officer described in 

25 that paragraph shall not affect the status, position, rank, 
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1 or grade of the officer in the Armed Forces, or any emolu2 ment, perquisite, right, privilege, or benefit incident to or 

3 arising out of such status, position, rank, or grade. 

4 (3) The commissioned officer described in paragraph 

5 (1), while continuing in the administrative performance of 

6 duties as described in that paragraph and while remaining 

7 on active duty, shall continue to receive military pay and 

8 allowances. Funds from which such pay and allowances 

9 are paid shall be reimbursed from funds available to the 

10 Director of the Central Intelligence Agency. 

11 (g) EFFECTIVE DATE AND APPLICABILITY.—The 

12 amendments made by subsections (b) through (e) shall 

13 take effect on the date of the enactment of this Act and 

14 shall apply upon the earlier of— 

15 (1) the date of the nomination by the President 

16 of an individual to serve as Deputy Director of the 

17 Central Intelligence Agency, except that the indi18 vidual administratively performing the duties of the 

19 Deputy Director of the Central Intelligence Agency 

20 as of the date of the enactment of this Act may con21 tinue to perform such duties after such date of nom22 ination and until the individual appointed to the po23 sition of Deputy Director of the Central Intelligence 

24 Agency, by and with the advice and consent of the 

25 Senate, assumes the duties of such position; or 
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•S 1803 RS 

1 (2) the date of the cessation of the performance 

2 of the duties of Deputy Director of the Central In3 telligence Agency by the individual administratively 

4 performing such duties as of the date of the enact5 ment of this Act. 

6 SEC. 422. ENHANCED PROTECTION OF CENTRAL INTEL7 LIGENCE AGENCY INTELLIGENCE SOURCES 

8 AND METHODS FROM UNAUTHORIZED DIS9 CLOSURE. 

10 (a) RESPONSIBILITY OF DIRECTOR OF CENTRAL IN11 TELLIGENCE AGENCY UNDER NATIONAL SECURITY ACT

12 OF 1947.—Subsection (e) of section 104A of the National 

13 Security Act of 1947 (50 U.S.C. 403–4a), as amended by 

14 section 403(b) of this Act and redesignated by section 

15 421(b)(1) of this Act, is further amended— 

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

17 end; 

18 (2) by redesignating paragraph (3) as para19 graph (4); and 

20 (3) by inserting after paragraph (2) the fol21 lowing new paragraph (3): 

22 ‘‘(3) protect intelligence sources and methods of 

23 the Central Intelligence Agency from unauthorized 

24 disclosure, consistent with any direction issued by 
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1 the President or the Director of National Intel2 ligence; and’’. 

3 (b) PROTECTION UNDER CENTRAL INTELLIGENCE

4 AGENCY ACT OF 1949.—Section 6 of the Central Intel5 ligence Agency Act of 1949 (50 U.S.C. 403g) is amended 

6 by striking ‘‘section 102A(i)’’ and all that follows through 

7 ‘‘unauthorized disclosure’’ and inserting ‘‘sections 102A(i) 

8 and 104A(e)(3) of the National Security Act of 1947 (50 

9 U.S.C. 403–1(i), 403–4a(e)(3))’’. 

10 (c) CONSTRUCTION WITH EXEMPTION FROM RE11 QUIREMENT FOR DISCLOSURE OF INFORMATION TO PUB12 LIC.—Section 104A(e)(3) of the National Security Act of 

13 1947, as amended by subsection (a), and section 6 of the 

14 Central Intelligence Agency Act of 1949, as amended by 

15 subsection (b), shall be treated as statutes that specifically 

16 exempt from disclosure the matters specified in such sec17 tions for purposes of section 552(b)(3) of title 5, United 

18 States Code. 

19 SEC. 423. ADDITIONAL EXCEPTION TO FOREIGN LANGUAGE 

20 PROFICIENCY REQUIREMENT FOR CERTAIN 

21 SENIOR LEVEL POSITIONS IN THE CENTRAL 

22 INTELLIGENCE AGENCY. 

23 (a) ADDITIONAL EXCEPTION.—Subsection (h) of sec24 tion 104A of the National Security Act of 1947 (50 U.S.C. 
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1 403–4a), as redesignated by section 421(b)(1) of this Act, 

2 is further amended— 

3 (1) in paragraph (1), by striking ‘‘paragraph 

4 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; 

5 (2) in paragraph (2), by striking ‘‘position or 

6 category of positions’’ each place it appears and in7 serting ‘‘individual, individuals, position, or category 

8 of positions’’; and 

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

10 paragraph: 

11 ‘‘(3) Paragraph (1) shall not apply to any individual 

12 in the Directorate of Intelligence or the Directorate of Op13 erations of the Central Intelligence Agency who is serving 

14 in a Senior Intelligence Service position as of December 

15 23, 2004, regardless of whether such individual is a mem16 ber of the Senior Intelligence Service.’’. 

17 (b) REPORT ON WAIVERS.—Section 611(c) of the In18 telligence Authorization Act for Fiscal Year 2005 (Public 

19 Law 108–487; 118 Stat. 3955) is amended— 

20 (1) in the first sentence— 

21 (A) by inserting ‘‘individuals or’’ before 

22 ‘‘positions’’; and 

23 (B) by striking ‘‘section 104A(g) of the 

24 National Security Act of 1947, as added by 

25 subsection (a)’’ and inserting ‘‘section 104A(h) 
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1 of the National Security Act of 1947, as added 

2 by subsection (a) and redesignated by section 

3 421(b)(1) of the Intelligence Authorization Act 

4 for Fiscal Year 2006’’; and 

5 (2) in the second sentence— 

6 (A) by striking ‘‘section 104A(g)(2), as so 

7 added’’ and inserting ‘‘section 104A(h)(2), as 

8 so added and redesignated’’; and 

9 (B) by striking ‘‘position or category of po10 sitions’’ and inserting ‘‘individual, individuals, 

11 position, or category of positions’’. 

12 SEC. 424. EXCLUSION OF THE CENTRAL INTELLIGENCE 

13 AGENCY FROM ANNUAL REPORT ON IM14 PROVEMENT OF FINANCIAL STATEMENTS 

15 FOR AUDITING PURPOSES. 

16 Section 114A of the National Security Act of 1947 

17 (50 U.S.C. 404i–1) is amended by striking ‘‘the Director 

18 of the Central Intelligence Agency,’’. 

19 SEC. 425. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR 

20 PROTECTIVE PERSONNEL OF THE CENTRAL 

21 INTELLIGENCE AGENCY. 

22 Section 5(a)(4) of the Central Intelligence Agency 

23 Act of 1949 (50 U.S.C. 403f(a)(4)) is amended— 

24 (1) by inserting ‘‘(A)’’ after ‘‘(4)’’; 

25 (2) in subparagraph (A), as so designated— 
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1 (A) by striking ‘‘and the protection’’ and 

2 inserting ‘‘the protection’’; and 

3 (B) by striking the semicolon and inserting 

4 ‘‘, and the protection of the Director of Na5 tional Intelligence and such personnel of the Of6 fice of the Director of National Intelligence as 

7 the Director of National Intelligence may des8 ignate; and’’; and 

9 (2) by adding at the end the following new sub10 paragraph: 

11 ‘‘(B) Authorize personnel engaged in the per12 formance of protective functions authorized pursuant 

13 to subparagraph (A), when engaged in the perform14 ance of such functions, to make arrests without war15 rant for any offense against the United States com16 mitted in the presence of such personnel, or for any 

17 felony cognizable under the laws of the United 

18 States, if such personnel have reasonable grounds to 

19 believe that the person to be arrested has committed 

20 or is committing such felony, except that any au21 thority pursuant to this subparagraph may be exer22 cised only in accordance with guidelines approved by 

23 the Director and the Attorney General and such per24 sonnel may not exercise any authority for the service 
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1 of civil process or for the investigation of criminal 

2 offenses;’’. 

3 SEC. 426. MODIFICATION OF EXCLUSION OF MILITARY OF4 FICER SERVING AS ASSOCIATE DIRECTOR OF 

5 THE CENTRAL INTELLIGENCE AGENCY FOR 

6 MILITARY SUPPORT FROM OFFICER 

7 STRENGTH AND DISTRIBUTION-IN-GRADE 

8 LIMITATIONS. 

9 (a) IN GENERAL.—Section 528 of title 10, United 

10 States Code, is amended to read as follows: 

11 ‘‘§ 528. Exclusion: officer serving as Associate Direc12 tor of the Central Intelligence Agency for 

13 Military Support 

14 ‘‘An officer of the armed forces assigned to the posi15 tion of Associate Director of the Central Intelligence 

16 Agency for Military Support, while serving in that posi17 tion, shall not be counted against the numbers and per18 centages of the grade of that officer authorized for that 

19 officer’s armed force.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 at the beginning of chapter 32 of such title is amended 

22 by striking the item relating to section 528 and inserting 

23 the following new item: 

‘‘528. Exclusion: officer serving as Associate Director of the Central Intelligence 

Agency for Military Support.’’. 
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1 Subtitle C—Defense Intelligence 

2 Components 

3 SEC. 431. MODIFICATION OF REQUIREMENTS ON DISCLO4 SURE OF GOVERNMENTAL AFFILIATION BY 

5 DEPARTMENT OF DEFENSE INTELLIGENCE 

6 PERSONNEL. 

7 (a) DISCLOSURE.—Subsection (a) of section 503 of 

8 the Intelligence Authorization Act for Fiscal Year 1995 

9 (Public Law 103–359; 108 Stat. 3430; 10 U.S.C. 424 

10 note) is amended— 

11 (1) by striking ‘‘Notwithstanding’’ and insert12 ing ‘‘(1) Except as provided in paragraph (2) and 

13 notwithstanding’’; 

14 (2) in paragraph (1), as so designated— 

15 (A) by striking ‘‘intelligence’’ the second 

16 place it appears and inserting ‘‘foreign intel17 ligence’’; and 

18 (B) by striking ‘‘an initial assessment con19 tact outside the United States’’ and inserting 

20 ‘‘assessment contacts’’; and 

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

22 paragraph: 

23 ‘‘(2) Intelligence personnel described in paragraph 

24 (1) shall be required, when making an assessment contact 

25 within the United States, to give notice of governmental 
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1 affiliation to potential sources who are United States per2 sons unless the Director of the Defense Intelligence Agen3 cy, or the single designee of the Director, determines 

4 that— 

5 ‘‘(A) foreign intelligence, counterintelligence, se6 curity, or other operational concerns require that 

7 such notice not be given; and 

8 ‘‘(B) such assessment contact is undertaken for 

9 the purpose of determining whether such United 

10 States person possesses, or has access to, foreign in11 telligence information, and whether such United 

12 States person is credible or suitable as a source, pro13 vided that no assessment contact shall be under14 taken under this section for the purpose of acquiring 

15 information concerning the domestic activities of any 

16 United States person.’’. 

17 (b) INFORMATION IN RECORDS.—Subsection (b) of 

18 such section is amended by striking the second sentence 

19 and inserting the following new sentence: ‘‘Such records 

20 shall include the authority under which the information 

21 was collected, any interagency coordination required be22 fore the contact, a brief description of such coordination, 

23 the basis for not disclosing governmental affiliation (if not 

24 disclosed), the nature of the information obtained from 

25 any United States person as a result of the contact, and 
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1 whether any assessment contacts beyond an initial assess2 ment contact resulted with the person concerned.’’. 

3 (c) CONFORMING AMENDMENT.—The heading of 

4 such section is amended by striking ‘‘OUTSIDE OF THE

5 UNITED STATES’’. 

6 (d) ASSESSMENT CONTACTS.—(1) The Director of 

7 National Intelligence shall examine the legal and regu8 latory requirements or guidelines applicable to assessment 

9 contacts in order to determine whether such requirements 

10 or guidelines should be modified to ensure that appro11 priate protections are afforded United States persons in 

12 such contacts after the amendments made by this section 

13 come into effect. 

14 (2) If the Director determines as a result of the ex15 amination required by paragraph (1) that the require16 ments or guidelines described in that paragraph should be 

17 modified as specified in that paragraph, the Director shall 

18 so modify such requirements or regulations. 

19 (3) Nothing in this section or the amendments made 

20 by this section shall be deemed or construed to constitute 

21 authority for the collection, retention, or dissemination of 

22 information concerning United States persons not other23 wise authorized by law or Executive order. 
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1 SEC. 432. ENHANCEMENTS OF NATIONAL SECURITY AGEN2 CY TRAINING PROGRAM. 

3 (a) TERMINATION OF EMPLOYEES.—Subsection 

4 (d)(1)(C) of section 16 of the National Security Agency 

5 Act of 1959 (50 U.S.C. 402 note) is amended by striking 

6 ‘‘terminated either by’’ and all that follows and inserting 

7 ‘‘terminated— 

8 ‘‘(i) by the Agency due to misconduct by 

9 the employee; 

10 ‘‘(ii) by the employee voluntarily; or 

11 ‘‘(iii) by the Agency for the failure of the 

12 employee to maintain such level of academic 

13 standing in the educational course of training 

14 as the Director of the National Security Agency 

15 shall have specified in the agreement of the em16 ployee under this subsection; and’’. 

17 (b) AUTHORITY TO WITHHOLD DISCLOSURE OF AF18 FILIATION WITH NSA.—Subsection (e) of such section is 

19 amended by striking ‘‘(1) When an employee’’ and all that 

20 follows through ‘‘(2) Agency efforts’’ and inserting ‘‘Agen21 cy efforts’’. 
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1 SEC. 433. CODIFICATION OF AUTHORITIES OF NATIONAL 

2 SECURITY AGENCY PROTECTIVE PER3 SONNEL. 

4 The National Security Agency Act of 1959 (50 

5 U.S.C. 402 note) is amended by adding at the end the 

6 following new section: 

7 ‘‘SEC. 20. (a) The Director is authorized to designate 

8 personnel of the Agency to perform protective functions 

9 for the Director and for any personnel of the Agency des10 ignated by the Director. 

11 ‘‘(b)(1) In the performance of protective functions 

12 under this section, personnel of the Agency designated to 

13 perform protective functions pursuant to subsection (a) 

14 are authorized, when engaged in the performance of such 

15 functions, to make arrests without a warrant for— 

16 ‘‘(A) any offense against the United States 

17 committed in the presence of such personnel; or 

18 ‘‘(B) any felony cognizable under the laws of 

19 the United States if such personnel have reasonable 

20 grounds to believe that the person to be arrested has 

21 committed or is committing such felony. 

22 ‘‘(2) The authority in paragraph (1) may be exercised 

23 only in accordance with guidelines approved by the Direc24 tor and the Attorney General. 

25 ‘‘(3) Personnel of the Agency designated to perform 

26 protective functions pursuant to subsection (a) shall not 
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1 exercise any authority for the service of civil process or 

2 the investigation of criminal offenses. 

3 ‘‘(c) Nothing in this section shall be construed to im4 pair or otherwise affect any authority under any other pro5 vision of law relating to the performance of protective 

6 functions.’’. 

7 SEC. 434. PROTECTION OF OPERATIONAL FILES OF THE DE8 FENSE INTELLIGENCE AGENCY. 

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

10 Act of 1947 (50 U.S.C. 431 et seq.) is amended by adding 

11 at the end the following new section: 

12 ‘‘OPERATIONAL FILES OF THE DEFENSE INTELLIGENCE

13 AGENCY

14 ‘‘SEC. 705. (a) EXEMPTION OF CERTAIN OPER15 ATIONAL FILES FROM SEARCH, REVIEW, PUBLICATION, 

16 OR DISCLOSURE.—Operational files of the Defense Intel17 ligence Agency may be exempted by the Director of the 

18 Defense Intelligence Agency, in coordination with the Di19 rector of National Intelligence, from the provisions of sec20 tion 552 of title 5, United States Code, which require pub21 lication, disclosure, search, or review in connection there22 with. 

23 ‘‘(b) OPERATIONAL FILES DEFINED.—(1) In this 

24 section, the term ‘operational files’ means— 

25 ‘‘(A) files of the Directorate of Human Intel26 ligence of the Defense Intelligence Agency, or its 
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1 successor organizations, which document the conduct 

2 of foreign intelligence or counterintelligence oper3 ations, intelligence or security liaison arrangements, 

4 or information exchanges with foreign governments 

5 or their intelligence or security services; and 

6 ‘‘(B) files of the Directorate of Technology of 

7 the Defense Intelligence Agency, or its successor or8 ganizations, which document the means by which 

9 foreign intelligence or counterintelligence is collected 

10 through technical systems. 

11 ‘‘(2) Files which are the sole repository of dissemi12 nated intelligence are not operational files. 

13 ‘‘(c) SEARCH AND REVIEW FOR INFORMATION.— 

14 Notwithstanding subsection (a), exempted operational files 

15 shall continue to be subject to search and review for infor16 mation concerning any of the following: 

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

18 admitted for permanent residence who have re19 quested information on themselves pursuant to the 

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

21 States Code. 

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

23 is not exempt from disclosure under the provisions 

24 of section 552 of title 5, United States Code. 
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1 ‘‘(3) The specific subject matter of an investiga2 tion by any of the following for any impropriety, or 

3 violation of law, Executive order, or Presidential di4 rective, in the conduct of an intelligence activity: 

5 ‘‘(A) The Committee on Armed Services 

6 and the Permanent Select Committee on Intel7 ligence of the House of Representatives. 

8 ‘‘(B) The Committee on Armed Services 

9 and the Select Committee on Intelligence of the 

10 Senate. 

11 ‘‘(C) The Intelligence Oversight Board. 

12 ‘‘(D) The Department of Justice. 

13 ‘‘(E) The Office of the Director of the De14 fense Intelligence Agency. 

15 ‘‘(F) The Office of the Director of Na16 tional Intelligence. 

17 ‘‘(G) The Office of General Counsel of the 

18 Defense Intelligence Agency. 

19 ‘‘(H) The Office of General Counsel of the 

20 Department of Defense. 

21 ‘‘(I) The Office of the General Counsel of 

22 the Office of the Director of National Intel23 ligence. 

24 ‘‘(J) The Office of Inspector General of the 

25 Defense Intelligence Agency. 
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1 ‘‘(K) The Office of Inspector General of 

2 the Department of Defense. 

3 ‘‘(L) The Office of Inspector General of 

4 the Intelligence Community. 

5 ‘‘(d) INFORMATION DERIVED OR DISSEMINATED

6 FROM EXEMPTED OPERATIONAL FILES.—(1) Files that 

7 are not exempted under subsection (a) which contain in8 formation derived or disseminated from exempted oper9 ational files shall be subject to search and review. 

10 ‘‘(2) The inclusion of information from exempted 

11 operational files in files that are not exempted under sub12 section (a) shall not affect the exemption under subsection 

13 (a) of the originating operational files from search, review, 

14 publication, or disclosure. 

15 ‘‘(3) Records from exempted operational files which 

16 have been disseminated to and referenced in files that are 

17 not exempted under subsection (a) and which have been 

18 returned to exempted operational files for sole retention 

19 shall be subject to search and review. 

20 ‘‘(e) SUPERSEDURE OF OTHER LAWS.—The provi21 sions of subsection (a) shall not be superseded except by 

22 a provision of law which is enacted after the date of the 

23 enactment of this section and that specifically cites and 

24 repeals or modifies such provisions. 
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1 ‘‘(f) ALLEGATION; IMPROPER WITHHOLDING OF

2 RECORDS; JUDICIAL REVIEW.—(1) Whenever any person 

3 who has requested agency records under section 552 of 

4 title 5, United States Code, alleges that the Defense Intel5 ligence Agency has improperly withheld records because 

6 of failure to comply with any provision of this section, ju7 dicial review shall be available under the terms set forth 

8 in section 552(a)(4)(B) of title 5, United States Code, ex9 cept as provided in paragraph (2). 

10 ‘‘(2) Any judicial review under paragraph (1) shall 

11 proceed under the terms set forth in section 552(a)(4)(B) 

12 of title 5, United States Code, except as follows: 

13 ‘‘(A) In any case in which information specifi14 cally authorized under criteria established by an Ex15 ecutive Order to be kept secret in the interest of na16 tional defense or foreign relations which is filed 

17 with, or produced for, the court by the Defense In18 telligence Agency, such information shall be exam19 ined ex parte, in camera by the court. 

20 ‘‘(B) The court shall, to the fullest extent prac21 ticable, determine issues of fact based on sworn writ22 ten submissions of the parties. 

23 ‘‘(C) When a complaint alleges that requested 

24 records were improperly withheld because of im25 proper placement solely in exempted operational 
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1 files, the complainant shall support such allegation 

2 with a sworn written submission, based upon per3 sonal knowledge or otherwise admissible evidence. 

4 ‘‘(D)(i) When a complainant alleges that re5 quested records were improperly withheld because of 

6 improper exemption of operational files, the Defense 

7 Intelligence Agency shall meet its burden under sec8 tion 552(a)(4)(B) of title 5, United States Code, by 

9 demonstrating to the court by sworn written submis10 sion that exempted operational files likely to contain 

11 responsive records currently perform the functions 

12 set forth in subsection (b). 

13 ‘‘(ii) The court may not order the Defense In14 telligence Agency to review the content of any ex15 empted operational file or files in order to make the 

16 demonstration required under subparagraph (A) un17 less the complainant disputes the Defense Intel18 ligence Agency’s showing with a sworn written sub19 mission based on personal knowledge or otherwise 

20 admissible evidence. 

21 ‘‘(E) In proceedings under subparagraphs (C) 

22 and (D), the parties shall not obtain discovery pur23 suant to rules 26 through 36 of the Federal Rules 

24 of Civil Procedure, except that requests for admis25 sion may be made pursuant to rules 26 and 36. 
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1 ‘‘(F) If the court finds under this subsection 

2 that the Defense Intelligence Agency has improperly 

3 withheld requested records because of failure to com4 ply with any provision of this section, the court shall 

5 order the Defense Intelligence Agency to search and 

6 review the appropriate exempted operational file or 

7 files for the requested records and make such 

8 records, or portions thereof, available in accordance 

9 with the provisions of section 552 of title 5, United 

10 States Code, and such order shall be the exclusive 

11 remedy for failure to comply with this section. 

12 ‘‘(G) If at any time following the filing of a 

13 complaint pursuant to this subsection the Defense 

14 Intelligence Agency agrees to search the appropriate 

15 exempted operational file or files for the requested 

16 records, the court shall dismiss the claim based upon 

17 such complaint. 

18 ‘‘(H) Any information filed with or produced 

19 for the court pursuant to subparagraphs (A) and 

20 (D) shall be coordinated with the Director of Na21 tional Intelligence before submission to the court. 

22 ‘‘(g) DECENNIAL REVIEW OF EXEMPTED OPER23 ATIONAL FILES.—(1) Not less than once every 10 years, 

24 the Director of the Defense Intelligence Agency and the 

25 Director of National Intelligence shall review the exemp-
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1 tions in force under subsection (a) to determine whether 

2 such exemptions may be removed from any category of 

3 exempted files or any portion thereof. The Director of Na4 tional Intelligence must approve any determination to re5 move such exemptions. 

6 ‘‘(2) The review required by paragraph (1) shall in7 clude consideration of the historical value or other public 

8 interest in the subject matter of the particular category 

9 of files or portions thereof and the potential for declas10 sifying a significant part of the information contained 

11 therein. 

12 ‘‘(3) A complainant who alleges that the Defense In13 telligence Agency has improperly withheld records because 

14 of failure to comply with this subsection may seek judicial 

15 review in the district court of the United States of the 

16 district in which any of the parties reside, or in the Dis17 trict of Columbia. In such a proceeding, the court’s review 

18 shall be limited to determining the following: 

19 ‘‘(A) Whether the Defense Intelligence Agency 

20 has conducted the review required by paragraph (1) 

21 before the expiration of the 10-year period beginning 

22 on the date of the enactment of this section or be23 fore the expiration of the 10-year period beginning 

24 on the date of the most recent review. 
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1 ‘‘(B) Whether the Defense Intelligence Agency, 

2 in fact, considered the criteria set forth in paragraph 

3 (2) in conducting the required review.’’. 

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

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

6 after the item relating to section 704 the following new 

7 item: 

‘‘Sec. 705. Operational files of the Defense Intelligence Agency.’’. 

8 SEC. 435. INSPECTOR GENERAL MATTERS. 

9 (a) COVERAGE UNDER INSPECTOR GENERAL ACT OF

10 1978.—Subsection (a)(2) of section 8G of the Inspector 

11 General Act of 1978 (5 U.S.C. App. 8G) is amended— 

12 (1) by inserting ‘‘the Defense Intelligence Agen13 cy,’’ after ‘‘the Corporation for Public Broad14 casting,’’; 

15 (2) by inserting ‘‘the National Geospatial-Intel16 ligence Agency,’’ after ‘‘the National Endowment for 

17 the Arts,’’; and 

18 (3) by inserting ‘‘the National Reconnaissance 

19 Office, the National Security Agency,’’ after ‘‘the 

20 National Labor Relations Board,’’. 

21 (b) CERTAIN DESIGNATIONS UNDER INSPECTOR

22 GENERAL ACT OF 1978.—Subsection (a) of section 8H 

23 of the Inspector General Act of 1978 (5 U.S.C. App. 8H) 

24 is amended by adding at the end the following new para25 graph: 
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1 ‘‘(3) The Inspectors General of the Defense Intel2 ligence Agency, the National Geospatial-Intelligence Agen3 cy, the National Reconnaissance Office, and the National 

4 Security Agency shall be designees of the Inspector Gen5 eral of the Department of Defense for purposes of this 

6 section.’’. 

7 (c) POWER OF HEADS OF ELEMENTS OVER INVES8 TIGATIONS.—Subsection (d) of section 8G of that Act— 

9 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; 

10 (2) in the second sentence of paragraph (1), as 

11 designated by paragraph (1) of this subsection, by 

12 striking ‘‘The head’’ and inserting ‘‘Except as pro13 vided in paragraph (2), the head’’; and 

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

15 paragraph: 

16 ‘‘(2)(A) The Director of National Intelligence or the 

17 Secretary of Defense may prohibit the Inspector General 

18 of an element of the intelligence community specified in 

19 subparagraph (D) from initiating, carrying out, or com20 pleting any audit or investigation if the Director or the 

21 Secretary, as the case may be, determines that the prohibi22 tion is necessary to protect vital national security interests 

23 of the United States. 

24 ‘‘(B) If the Director or the Secretary exercises the 

25 authority under subparagraph (A), the Director or the 
94 

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1 Secretary, as the case may be, shall submit to the commit2 tees of Congress specified in subparagraph (E) an appro3 priately classified statement of the reasons for the exercise 

4 of the authority not later than seven days after the exer5 cise of the authority. 

6 ‘‘(C) At the same time the Director or the Secretary 

7 submits under subparagraph (B) a statement on the exer8 cise of the authority in subparagraph (A) to the commit9 tees of Congress specified in subparagraph (E), the Direc10 tor or the Secretary, as the case may be, shall notify the 

11 Inspector General of such element of the submittal of such 

12 statement and, to the extent consistent with the protection 

13 of intelligence sources and methods, provide the Inspector 

14 General with a copy of such statement. The Inspector 

15 General may submit to such committees of Congress any 

16 comments on a notice or statement received by the Inspec17 tor General under this subparagraph that the Inspector 

18 General considers appropriate. 

19 ‘‘(D) The elements of the intelligence community 

20 specified in this subparagraph are as follows: 

21 ‘‘(i) The Defense Intelligence Agency. 

22 ‘‘(ii) The National Geospatial-Intelligence Agen23 cy. 

24 ‘‘(iii) The National Reconnaissance Office. 

25 ‘‘(iv) The National Security Agency. 
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1 ‘‘(E) The committees of Congress specified in this 

2 subparagraph are— 

3 ‘‘(i) the Committee on Armed Services and the 

4 Select Committee on Intelligence of the Senate; and 

5 ‘‘(ii) the Committee on Armed Services and the 

6 Permanent Select Committee on Intelligence of the 

7 House of Representatives.’’. 

8 SEC. 436. CONFIRMATION OF APPOINTMENT OF HEADS OF 

9 CERTAIN COMPONENTS OF THE INTEL10 LIGENCE COMMUNITY. 

11 (a) DIRECTOR OF NATIONAL SECURITY AGENCY.— 

12 The National Security Agency Act of 1959 (50 U.S.C. 402 

13 note) is amended by inserting after the first section the 

14 following new section: 

15 ‘‘SEC. 2. (a) There is a Director of the National Secu16 rity Agency. 

17 ‘‘(b) The Director of the National Security Agency 

18 shall be appointed by the President, by and with the advice 

19 and consent of the Senate. 

20 ‘‘(c) The Director of the National Security Agency 

21 shall be the head of the National Security Agency and 

22 shall discharge such functions and duties as are provided 

23 by this Act or otherwise by law.’’. 
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1 (b) DIRECTOR OF NATIONAL GEOSPATIAL-INTEL2 LIGENCE AGENCY.—Section 441(b) of title 10, United 

3 States Code, is amended— 

4 (1) by redesignating paragraphs (2) and (3) as 

5 paragraphs (3) and (4), respectively; and 

6 (2) by inserting after paragraph (1) the fol7 lowing new paragraph (2): 

8 ‘‘(2) The Director of the National Geospatial Intel9 ligence Agency shall be appointed by the President, by and 

10 with the advice and consent of the Senate.’’. 

11 (c) DIRECTOR OF NATIONAL RECONNAISSANCE OF12 FICE.—The Director of the National Reconnaissance Of13 fice shall be appointed by the President, by and with the 

14 advice and consent of the Senate. 

15 (d) EFFECTIVE DATE AND APPLICABILITY.—The 

16 amendments made by subsections (a) and (b), and sub17 section (c), shall take effect on the date of the enactment 

18 of this Act and shall apply upon the earlier of— 

19 (1) the date of the nomination by the President 

20 of an individual to serve in the position concerned, 

21 except that the individual serving in such position as 

22 of the date of the enactment of this Act may con23 tinue to perform such duties after such date of nom24 ination and until the individual appointed to such 
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1 position, by and with the advice and consent of the 

2 Senate, assumes the duties of such position; or 

3 (2) the date of the cessation of the performance 

4 of the duties of such position by the individual per5 forming such duties as of the date of the enactment 

6 of this Act. 

7 SEC. 437. SECURITY CLEARANCES IN THE NATIONAL 

8 GEOSPATIAL-INTELLIGENCE AGENCY. 

9 (a) IN GENERAL.—Subject to subsection (b), the Di10 rector of National Intelligence or the Secretary of Defense, 

11 or the Director of the National Geospatial-Intelligence 

12 Agency upon the delegation of either such official, may 

13 utilize with respect to the personnel of the National 

14 Geospatial-Intelligence Agency any security clearance au15 thority (including any authority relating to the use of con16 tractor personnel in investigations or adjudications for se17 curity clearances) that is available to the Director of Na18 tional Intelligence, the Secretary of Defense, or the Direc19 tor of the National Security Agency with respect to the 

20 personnel of the National Security Agency. 

21 (b) EXPIRATION.—Subsection (a) shall cease to have 

22 effect on December 31, 2007. 
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1 Subtitle D—Other Elements 

2 SEC. 441. DEPARTMENT OF JUSTICE INTELLIGENCE MAT3 TERS. 

4 (a) ASSISTANT ATTORNEY GENERAL FOR NATIONAL

5 SECURITY.— 

6 (1) IN GENERAL.—Chapter 31 of title 28, 

7 United States Code, is amended by inserting after 

8 section 507 the following new section: 

9 ‘‘§ 507A. Assistant Attorney General for National Se10 curity 

11 ‘‘(a) Of the Assistant Attorneys General appointed 

12 under section 506, one shall serve, upon the designation 

13 of the President, as the Assistant Attorney General for 

14 National Security. 

15 ‘‘(b) The Assistant Attorney General for National Se16 curity shall— 

17 ‘‘(1) serve as the head of the National Security 

18 Division of the Department of Justice under section 

19 509A of this title; 

20 ‘‘(2) serve as primary liaison to the Director of 

21 National Intelligence for the Department of Justice; 

22 ‘‘(3) perform such other duties as the Attorney 

23 General may prescribe; and 

24 ‘‘(4) perform such other duties and functions as 

25 the Director of National Intelligence may prescribe, 
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1 except that the Director shall have no authority 

2 through the Assistant Attorney General to perform 

3 any police, subpoena, law enforcement, or prosecu4 tion powers or internal security functions not other5 wise authorized by law.’’. 

6 (2) ADDITIONAL ASSISTANT ATTORNEY GEN7 ERAL.—Section 506 of title 28, United States Code, 

8 is amended by striking ‘‘ten’’ and inserting ‘‘11’’. 

9 (3) EXECUTIVE SCHEDULE MATTERS.—Section 

10 5315 of title 5, United States Code, is amended by 

11 striking the matter relating to Assistant Attorneys 

12 General and inserting the following: 

13 ‘‘Assistant Attorneys General (11).’’. 

14 (4) CONCURRENCE OF DIRECTOR OF NATIONAL

15 INTELLIGENCE IN APPOINTMENT.—Section 

16 106(b)(2) of the National Security Act of 1947 (50 

17 U.S.C. 403–6(b)(2)) is amended by adding at the 

18 end the following new subparagraph: 

19 ‘‘(J) The Assistant Attorney General designated 

20 as the Assistant Attorney General for National Se21 curity under section 507A of title 28, United States 

22 Code.’’. 

23 (5) AUTHORITY TO ACT FOR ATTORNEY GEN24 ERAL UNDER FOREIGN INTELLIGENCE SURVEIL25 LANCE ACT OF 1978.—Section 101(g) of the For-
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1 eign Intelligence Surveillance Act of 1978 (50 

2 U.S.C. 1801(g)) is amended by striking ‘‘or the 

3 Deputy Attorney General’’ and inserting ‘‘, the Dep4 uty Attorney General, or, upon the designation of 

5 the Attorney General, the Assistant Attorney Gen6 eral designated as the Assistant Attorney General 

7 for National Security under section 507A of title 28, 

8 United States Code’’. 

9 (b) NATIONAL SECURITY DIVISION OF DEPARTMENT

10 OF JUSTICE.—Chapter 31 of title 28, United States Code, 

11 is further amended by inserting after section 509 the fol12 lowing new section: 

13 ‘‘§ 509A. National Security Division 

14 ‘‘(a) There is a National Security Division of the De15 partment of Justice. 

16 ‘‘(b) The National Security Division shall consist of 

17 the elements of the Department of Justice (other than the 

18 Federal Bureau of Investigation) engaged primarily in 

19 support of the intelligence and intelligence-related activi20 ties of the United States Government, including the fol21 lowing: 

22 ‘‘(1) The Assistant Attorney General designated 

23 as the Assistant Attorney General for National Se24 curity under section 507A of this title. 
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1 ‘‘(2) The Office of Intelligence Policy and Re2 view (or any successor organization). 

3 ‘‘(3) The counterterrorism section (or any suc4 cessor organization). 

5 ‘‘(4) The counterespionage section (or any suc6 cessor organization). 

7 ‘‘(5) Any other element, component, or office 

8 jointly designated by the Attorney General and the 

9 Director of National Intelligence.’’. 

10 (c) CLERICAL AMENDMENTS.—The table of sections 

11 at the beginning of chapter 31 of title 28, United States 

12 Code, is amended— 

13 (1) by inserting after the item relating to sec14 tion 507 the following new item: 

‘‘507A. Assistant Attorney General for National Security.’’. 

15 and 

16 (2) by inserting after the item relating to sec17 tion 509 the following new item: 

‘‘509A. National Security Division.’’. 

18 (d) INCLUSION IN INTELLIGENCE COMMUNITY OF

19 ELEMENTS OF DEPARTMENT OF JUSTICE.—Section 3(4) 

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

21 is amended— 

22 (1) by redesignating subparagraph (L), as 

23 amended by section 303 of this Act, as subpara24 graph (M): and 
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1 (2) by inserting after subparagraph (K) the fol2 lowing new subparagraph (L): 

3 ‘‘(L) The National Security Division of the De4 partment of Justice, except those components or 

5 portions charged with the investigation or prosecu6 tion of the offense of domestic terrorism.’’. 

7 (e) FUNDING FOR ASSISTANT ATTORNEY GENERAL

8 AND NATIONAL SECURITY DIVISION.—(1) The President 

9 shall, from funds available for the National Intelligence 

10 Program, make available to the Assistant Attorney Gen11 eral designated as the Assistant Attorney General for Na12 tional Security under section 507A of title 28, United 

13 States Code (as added by subsection (a)), and to the Na14 tional Security Division of the Department of Justice 

15 under section 509A of title 28, United States Code (as 

16 added by subsection (b)), such funds as shall be required 

17 for the performance of their duties, activities, and oper18 ations. 

19 (2) It is the sense of Congress that the amount of 

20 funds made available under paragraph (1), and the budg21 ets of the Assistant Attorney General and the National 

22 Security Division of the Department of Justice, should, 

23 to the maximum extent practicable, be unclassified. 

24 (f) PROCEDURES FOR CONFIRMATION OF THE AS25 SISTANT ATTORNEY GENERAL FOR NATIONAL SECU-
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1 RITY.—(1) Section 17 of Senate Resolution 400 (94th 

2 Congress) is amended— 

3 (A) in subsection (a), by striking ‘‘(a) The’’ and 

4 inserting ‘‘(a)(1) Except as otherwise provided in 

5 subsection (b), the’’; 

6 (B) in subsection (b), by striking ‘‘(b)’’ and in7 serting ‘‘(2)’’; and 

8 (C) by inserting after subsection (a) the fol9 lowing new subsection: 

10 ‘‘(b)(1) With respect to the confirmation of the As11 sistant Attorney General for National Security, or any 

12 successor position serving as the head of an element of 

13 the intelligence community within the Department of Jus14 tice, the nomination of any individual by the President to 

15 serve in such position shall be referred to the Committee 

16 on the Judiciary and, if and when reported, to the select 

17 Committee for not to exceed 20 calendar days, except that 

18 in cases when the 20-day period expires while the Senate 

19 is in recess, the select Committee shall have 5 additional 

20 calendar days after the Senate reconvenes to report the 

21 nomination. 

22 ‘‘(2) If, upon the expiration of the period described 

23 in paragraph (1), the select Committee has not reported 

24 the nomination, such nomination shall be automatically 
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1 discharged from the select Committee and placed on the 

2 Executive Calendar.’’. 

3 (2) Paragraph (1) is enacted— 

4 (A) as an exercise of the rulemaking power of 

5 the Senate; and 

6 (B) with full recognition of the constitutional 

7 right of the Senate to change the rules of the Senate 

8 at any time and to the same extent as in the case 

9 of any other rule of the Senate. 

10 SEC. 442. FOREIGN LANGUAGE INCENTIVE FOR CERTAIN 

11 NON-SPECIAL AGENT EMPLOYEES OF THE 

12 FEDERAL BUREAU OF INVESTIGATION. 

13 (a) AUTHORITY TO PAY INCENTIVE.—The Director 

14 of the Federal Bureau of Investigation may pay a cash 

15 award authorized by section 4523 of title 5, United States 

16 Code, in accordance with the provisions of such section, 

17 to any employee of the Federal Bureau of Investigation 

18 described in subsection (b) as if such employee were a law 

19 enforcement officer as specified in such section. 

20 (b) COVERED EMPLOYEES.—An employee of the 

21 Federal Bureau of Investigation described in this sub22 section is any employee of the Federal Bureau of Inves23 tigation— 

24 (1) who uses foreign language skills in support 

25 of the analyses, investigations, or operations of the 
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1 Bureau to protect against international terrorism or 

2 clandestine intelligence activities (or maintains for3 eign language skills for purposes of such support); 

4 and 

5 (2) whom the Director of the Federal Bureau 

6 of Investigation, subject to the joint guidance of the 

7 Attorney General and the Director of National Intel8 ligence, may designate for purposes of this section. 

9 SEC. 443. AUTHORITY TO SECURE SERVICES BY CONTRACT 

10 FOR THE BUREAU OF INTELLIGENCE AND RE11 SEARCH OF THE DEPARTMENT OF STATE. 

12 Title I of the State Department Basic Authorities Act 

13 of 1956 (22 U.S.C. 2651a et seq.) is amended by inserting 

14 after section 23 the following new section: 

15 ‘‘SERVICES BY CONTRACT FOR BUREAU OF

16 INTELLIGENCE AND RESEARCH

17 ‘‘SEC. 23A. (a) AUTHORITY TO ENTER INTO CON18 TRACTS.—The Secretary may enter into contracts with in19 dividuals or organizations for the provision of services in 

20 support of the mission of the Bureau of Intelligence and 

21 Research of the Department of State if the Secretary de22 termines that— 

23 ‘‘(1) the services to be procured are urgent or 

24 unique; and 

25 ‘‘(2) it would not be practicable for the Depart26 ment to obtain such services by other means. 
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1 ‘‘(b) TREATMENT AS EMPLOYEES OF THE UNITED

2 STATES GOVERNMENT.—(1) Individuals employed under 

3 a contract pursuant to the authority in subsection (a) shall 

4 not, by virtue of the performance of services under such 

5 contract, be considered employees of the United States 

6 Government for purposes of any law administered by the 

7 Office of Personnel Management. 

8 ‘‘(2) The Secretary may provide for the applicability 

9 to individuals described in paragraph (1) of any law ad10 ministered by the Secretary concerning the employment 

11 of such individuals.’’. 

12 SEC. 444. CLARIFICATION OF INCLUSION OF COAST GUARD 

13 ELEMENT IN THE INTELLIGENCE COMMU14 NITY. 

15 Section 3(4) of the National Security Act of 1947 (50 

16 U.S.C. 401a(4)) is amended— 

17 (1) in subparagraph (H), by inserting ‘‘the 

18 Coast Guard,’’ after ‘‘the Marine Corps,’’; and 

19 (2) in subparagraph (K), by striking ‘‘, includ20 ing the Office of Intelligence of the Coast Guard’’. 
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1 SEC. 445. CLARIFYING AMENDMENTS RELATING TO SEC2 TION 105 OF THE INTELLIGENCE AUTHORIZA3 TION ACT FOR FISCAL YEAR 2004. 

4 Section 105(b) of the Intelligence Authorization Act 

5 for Fiscal Year 2004 (Public Law 108–177; 117 Stat. 

6 2603; 31 U.S.C. 311 note) is amended— 

7 (1) by striking ‘‘Director of Central Intel8 ligence’’ and inserting ‘‘Director of National Intel9 ligence’’; and 

10 (2) by inserting ‘‘or in section 313 of such 

11 title,’’ after ‘‘subsection (a)),’’. 

12 TITLE V—OTHER MATTERS 

13 SEC. 501. TECHNICAL AMENDMENTS TO THE NATIONAL SE14 CURITY ACT OF 1947. 

15 The National Security Act of 1947 (50 U.S.C. 401 

16 et seq.) is amended as follows: 

17 (1) In section 102A (50 U.S.C. 403–1)— 

18 (A) in subsection (c)(7)(A), by striking 

19 ‘‘section’’ and inserting ‘‘subsection’’; 

20 (B) in subsection (d)— 

21 (i) in paragraph (3), by striking ‘‘sub22 paragraph (A)’’ in the matter preceding 

23 subparagraph (A) and inserting ‘‘para24 graph (1)(A)’’; and 
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1 (ii) in paragraph (5)(A), by striking 

2 ‘‘or personnel’’ in the matter preceding 

3 clause (i); and 

4 (C) in subsection (l)(2)(B), by striking 

5 ‘‘section’’ and inserting ‘‘paragraph’’. 

6 (2) In section 119(c)(2)(B) (50 U.S.C. 

7 404o(c)(2)(B)), by striking ‘‘subsection (h)’’ and in8 serting ‘‘subsection (i)’’. 

9 SEC. 502. TECHNICAL CLARIFICATION OF CERTAIN REF10 ERENCES TO JOINT MILITARY INTELLIGENCE 

11 PROGRAM AND TACTICAL INTELLIGENCE 

12 AND RELATED ACTIVITIES. 

13 Section 102A of the National Security Act of 1947 

14 (50 U.S.C. 403–1) is amended— 

15 (1) in subsection (c)(3)(A), by inserting ‘‘, or 

16 for any successor program or programs’’ after ‘‘Ac17 tivities’’; and 

18 (2) in subsection (d)(1)(B), by inserting ‘‘, or 

19 any successor program or programs’’ after ‘‘Pro20 gram’’. 

21 SEC. 503. TECHNICAL AMENDMENTS TO THE INTEL22 LIGENCE REFORM AND TERRORISM PREVEN23 TION ACT OF 2004. 

24 (a) AMENDMENTS TO NATIONAL SECURITY INTEL25 LIGENCE REFORM ACT OF 2004.—The National Security 
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1 Intelligence Reform Act of 2004 (title I of Public Law 

2 108–458) is amended as follows: 

3 (1) In section 1016(e)(10)(B) (6 U.S.C. 

4 458(e)(10)(B)), by striking ‘‘Attorney General’’ the 

5 second place it appears and inserting ‘‘Department 

6 of Justice’’. 

7 (2) In section 1061(d)(4)(A) (5 U.S.C. 601 

8 note), by striking ‘‘National Intelligence Director’’ 

9 and inserting ‘‘Director of National Intelligence’’. 

10 (3) In section 1071(e), by striking ‘‘(1)’’. 

11 (4) In section 1072(b), by inserting ‘‘AGENCY’’ 

12 after ‘‘INTELLIGENCE’’. 

13 (b) OTHER AMENDMENTS TO INTELLIGENCE RE14 FORM AND TERRORISM PREVENTION ACT OF 2004.—The 

15 Intelligence Reform and Terrorism Prevention Act of 

16 2004 (Public Law 108–458) is amended as follows: 

17 (1) in section 2001 (28 U.S.C. 532 note)— 

18 (A) in subsection (c)(1), by inserting ‘‘of’’ 

19 before ‘‘an institutional culture’’; 

20 (B) in subsection (e)(2), by striking ‘‘the 

21 National Intelligence Director in a manner con22 sistent with section 112(e)’’ and inserting ‘‘the 

23 Director of National Intelligence in a manner 

24 consistent with applicable law’’; and 
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1 (C) in subsection (f), by striking ‘‘shall,’’ 

2 in the matter preceding paragraph (1) and in3 serting ‘‘shall’’. 

4 (2) In section 2006 (28 U.S.C. 509 note)— 

5 (A) in paragraph (2), by striking ‘‘the 

6 Federal’’ and inserting ‘‘Federal’’; and 

7 (B) in paragraph (3), by striking ‘‘the spe8 cific’’ and inserting ‘‘specific’’. 

9 SEC. 504. TECHNICAL AMENDMENT TO THE CENTRAL IN10 TELLIGENCE AGENCY ACT OF 1949. 

11 Section 5(a)(1) of the Central Intelligence Agency 

12 Act of 1949 (50 U.S.C. 403f(a)(1)) is amended by striking 

13 ‘‘authorized under paragraphs (2) and (3) of section 

14 102(a), subsections (c)(7) and (d) of section 103, sub15 sections (a) and (g) of section 104, and section 303 of 

16 the National Security Act of 1947 (50 U.S.C. 403(a)(2), 

17 (3), 403–3(c)(7), (d), 403–4(a), (g), and 405)’’ and insert18 ing ‘‘authorized under subsections (d), (e), (f), and (g) of 

19 section 104A of the National Security Act of 1947 (50 

20 U.S.C. 403–4a).’’. 
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1 SEC. 505. TECHNICAL AMENDMENTS RELATING TO THE 

2 MULTIYEAR NATIONAL INTELLIGENCE PRO3 GRAM. 

4 (a) IN GENERAL.—Subsection (a) of section 1403 of 

5 the National Defense Authorization Act for Fiscal Year 

6 1991 (50 U.S.C. 404b) is amended— 

7 (1) in the subsection caption, by striking ‘‘FOR8 EIGN’’; and 

9 (2) by striking ‘‘foreign’’ each place it appears. 

10 (b) RESPONSIBILITY OF DNI.—That section is fur11 ther amended— 

12 (1) in subsections (a) and (c), by striking ‘‘Di13 rector of Central Intelligence’’ and inserting ‘‘Direc14 tor of National Intelligence’’; and 

15 (2) in subsection (b), by inserting ‘‘of National 

16 Intelligence’’ after ‘‘Director’’. 

17 (c) CONFORMING AMENDMENT.—The heading of 

18 that section is amended to read as follows: 

19 ‘‘SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PRO20 GRAM.’’. 

21 SEC. 506. TECHNICAL AMENDMENTS TO THE EXECUTIVE 

22 SCHEDULE. 

23 (a) EXECUTIVE SCHEDULE LEVEL II.—Section 5313 

24 of title 5, United States Code, is amended by striking the 

25 item relating to the Director of Central Intelligence and 

26 inserting the following new item: 
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1 ‘‘Director of the Central Intelligence Agency.’’. 

2 (b) EXECUTIVE SCHEDULE LEVEL III.—Section 

3 5314 of title 5, United States Code, is amended by strik4 ing the item relating to the Deputy Directors of Central 

5 Intelligence. 

6 (c) EXECUTIVE SCHEDULE LEVEL IV.—Section 

7 5315 of title 5, United States Code, is amended by strik8 ing the item relating to the General Counsel of the Office 

9 of the National Intelligence Director and inserting the fol10 lowing new item: 

11 ‘‘General Counsel of the Office of the Director 

12 of National Intelligence.’’. 

13 SEC. 507. TECHNICAL AMENDMENTS RELATING TO REDES14 IGNATION OF THE NATIONAL IMAGERY AND 

15 MAPPING AGENCY AS THE NATIONAL 

16 GEOSPATIAL-INTELLIGENCE AGENCY. 

17 (a) TITLE 5, UNITED STATES CODE.—(1) Title 5, 

18 United States Code, is amended by striking ‘‘National Im19 agery and Mapping Agency’’ each place it appears in a 

20 provision as follows and inserting ‘‘National Geospatial21 Intelligence Agency’’: 

22 (A) Section 2302(a)(2)(C)(ii). 

23 (B) Section 3132(a)(1)(B). 

24 (C) Section 4301(1) (in clause (ii)). 

25 (D) Section 4701(a)(1)(B). 
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1 (E) Section 5102(a)(1) (in clause (xi)). 

2 (F) Section 5342(a)(1) (in clause (L)). 

3 (G) Section 6339(a)(1)(E). 

4 (H) Section 7323(b)(2)(B)(i)((XIII). 

5 (2) Section 6339(a)(2)(E) of such title is amended 

6 by striking ‘‘National Imagery and Mapping Agency, the 

7 Director of the National Imagery and Mapping Agency’’ 

8 and inserting ‘‘National Geospatial-Intelligence Agency, 

9 the Director of the National Geospatial-Intelligence Agen10 cy’’. 

11 (b) TITLE 44, UNITED STATES CODE.—(1)(A) Sec12 tion 1336 of title 44, United States Code, is amended by 

13 striking ‘‘National Imagery and Mapping Agency’’ both 

14 places it appears and inserting ‘‘National Geospatial-Intel15 ligence Agency’’. 

16 (B) The heading of such section is amended to read 

17 as follows: 

18 ‘‘§ 1336. National Geospatial-Intelligence Agency: spe19 cial publications’’. 

20 (2) The table of sections at the beginning of chapter 

21 13 of such title is amended by striking the item relating 

22 to section 1336 and inserting the following new item: 

‘‘1336. National Geospatial-Intelligence Agency: special publications.’’. 

23 (c) HOMELAND SECURITY ACT OF 2002.—Section 

24 201(f)(2)(E) of the Homeland Security Act of 2002 (6 

25 U.S.C. 121(f)(2)(E)) is amended by striking ‘‘National 
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1 Imagery and Mapping Agency’’ and inserting ‘‘National 

2 Geospatial-Intelligence Agency’’. 

3 (d) INSPECTOR GENERAL ACT OF 1978.—Section 8H 

4 of the Inspector General Act of 1978 (5 U.S.C. App.) is 

5 amended by striking ‘‘National Imagery and Mapping 

6 Agency’’ each place it appears and inserting ‘‘National 

7 Geospatial-Intelligence Agency’’. 

8 (e) ETHICS IN GOVERNMENT ACT OF 1978.—Section 

9 105(a) of the Ethics in Government Act of 1978 (5 U.S.C. 

10 App.) is amended by striking ‘‘National Imagery and Map11 ping Agency’’ and inserting ‘‘National Geospatial-Intel12 ligence Agency’’. 

13 (f) OTHER ACTS.—(1) Section 7(b)(2)(A)(i) of the 

14 Employee Polygraph Protection Act of 1988 (29 U.S.C. 

15 2006(b)(2)(A)(i)) is amended by striking ‘‘National Im16 agery and Mapping Agency’’ and inserting ‘‘National 

17 Geospatial-Intelligence Agency’’. 

18 (2) Section 207(a)(2)(B) of the Legislative Branch 

19 Appropriations Act, 1993 (44 U.S.C. 501 note) is amend20 ed by striking ‘‘National Imagery and Mapping Agency’’ 

21 and inserting ‘‘National Geospatial-Intelligence Agency’’. 

Æ