II 

Calendar No. 293 

109TH CONGRESS 

1ST SESSION S. 1803 

[Report No. 109–142] 

[Report No. 109–173] 

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 

OCTOBER 27, 2005 

Reported by Mr. WARNER, with amendments 

[Omit the part struck through and insert the part printed in italic] 

NOVEMBER 1, 2005 

Referred to the Committee on Homeland Security and Governmental Affairs 

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 

NOVEMBER 16, 2005 

Committee discharged pursuant to the order of November 1, 2005, and placed 

on the calendar 
2 

S 1803 PCS 

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’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—INTELLIGENCE ACTIVITIES 

Sec. 101. Authorization of appropriations. 

Sec. 102. Classified schedule of authorizations. 

Sec. 103. Incorporation of classified annex. 

Sec. 104. Personnel ceiling adjustments. 

Sec. 105. Intelligence Community Management Account. 

Sec. 106. Incorporation of reporting requirements. 

Sec. 107. 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. 
3 

S 1803 PCS 

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. 

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. 
4 

S 1803 PCS 

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. 

Sec. 438. Sense of Congress on funding of the COBRA JUDY Replacement program. 

Subtitle D—Other Elements 

Sec. 441. Department of Justice intelligence matters. 

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. 
5 

S 1803 PCS 

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. 

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

16 Force. 

17 (7) The Department of State. 

18 (8) The Department of the Treasury. 

19 (9) The Department of Energy. 

20 (10) The Department of Justice. 

21 (11) The Federal Bureau of Investigation. 

22 (12) The National Reconnaissance Office. 

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

25 (14) The Coast Guard. 
6 

S 1803 PCS 

1 (15) The Department of Homeland Security. 

2 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

3 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

4 CEILINGS.—The amounts authorized to be appropriated 

5 under section 101, and the authorized personnel ceilings 

6 as of September 30, 2006, for the conduct of the intel7 ligence and intelligence-related activities of the elements 

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

9 Schedule of Authorizations prepared to accompany the 

10 conference report on the bill lllll of the One Hun11 dred Ninth Congress and in the Classified Annex to such 

12 report as incorporated in this Act under section 103. 

13 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU14 THORIZATIONS.—The Schedule of Authorizations shall be 

15 made available to the Committees on Appropriations of 

16 the Senate and House of Representatives and to the Presi17 dent. The President shall provide for suitable distribution 

18 of the Schedule, or of appropriate portions of the Sched19 ule, within the executive branch. 

20 SEC. 103. INCORPORATION OF CLASSIFIED ANNEX. 

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

22 Annex prepared by the Select Committee on Intelligence 

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

24 of the One Hundred Ninth Congress and transmitted to 

25 the President is hereby incorporated into this Act. 
7 

S 1803 PCS 

1 (b) CONSTRUCTION WITH OTHER PROVISIONS OF

2 ACT.—Unless otherwise specifically stated, the amounts 

3 specified in the Classified Annex are not in addition to 

4 amounts authorized to be appropriated by other provisions 

5 of this Act. 

6 (c) LIMITATION ON USE OF FUNDS.—Funds appro7 priated pursuant to an authorization contained in this Act 

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

9 referred to in the Classified Annex may only be expended 

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

11 such terms, conditions, limitations, restrictions, and re12 quirements as are set out for that program, project, or 

13 activity in the Classified Annex. 

14 (d) DISTRIBUTION OF CLASSIFIED ANNEX.—The 

15 President shall provide for appropriate distribution of the 

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

17 within the executive branch of the Government. 

18 SEC. 104. PERSONNEL CEILING ADJUSTMENTS. 

19 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap20 proval of the Director of the Office of Management and 

21 Budget, the Director of National Intelligence may author22 ize employment of civilian personnel in excess of the num23 ber authorized for fiscal year 2006 under section 102 

24 when the Director of National Intelligence determines that 

25 such action is necessary to the performance of important 
8 

S 1803 PCS 

1 intelligence functions, except that the number of personnel 

2 employed in excess of the number authorized under such 

3 section may not, for any element of the intelligence com4 munity, exceed 2 percent of the number of civilian per5 sonnel authorized under such section for such element. 

6 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The 

7 Director of National Intelligence shall promptly notify the 

8 Select Committee on Intelligence of the Senate and the 

9 Permanent Select Committee on Intelligence of the House 

10 of Representatives whenever the Director exercises the au11 thority granted by this section. 

12 SEC. 105. INTELLIGENCE COMMUNITY MANAGEMENT AC13 COUNT. 

14 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated for the Intelligence Commu16 nity Management Account of the Director of National In17 telligence for fiscal year 2006 the sum of $1,014,362,000. 

18 Within such amount, funds identified in the classified 

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

20 for advanced research and development shall remain avail21 able until September 30, 2007. 

22 (b) AUTHORIZED PERSONNEL LEVELS.—The ele23 ments within the Intelligence Community Management 

24 Account of the Director of National Intelligence are au25 thorized 882 full-time personnel as of September 30, 
9 

S 1803 PCS 

1 2006. Personnel serving in such elements may be perma2 nent employees of the Intelligence Community Manage3 ment Account or personnel detailed from other elements 

4 of the United States Government. 

5 (c) CLASSIFIED AUTHORIZATIONS.— 

6 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

7 addition to amounts authorized to be appropriated 

8 for the Intelligence Community Management Ac9 count by subsection (a), there are also authorized to 

10 be appropriated for the Intelligence Community 

11 Management Account for fiscal year 2006 such addi12 tional amounts as are specified in the classified 

13 Schedule of Authorizations referred to in section 

14 102(a). Such additional amounts for research and 

15 development shall remain available until September 

16 30, 2007. 

17 (2) AUTHORIZATION OF PERSONNEL.—In addi18 tion to the personnel authorized by subsection (b) 

19 for elements of the Intelligence Community Manage20 ment Account as of September 30, 2006, there are 

21 also authorized such additional personnel for such 

22 elements as of that date as are specified in the clas23 sified Schedule of Authorizations. 

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

25 113 of the National Security Act of 1947 (50 U.S.C. 
10 

S 1803 PCS 

1 404h), during fiscal year 2006 any officer or employee of 

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

3 is detailed to the staff of the Intelligence Community Man4 agement Account from another element of the United 

5 States Government shall be detailed on a reimbursable 

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

7 may be detailed on a nonreimbursable basis for a period 

8 of less than one year for the performance of temporary 

9 functions as required by the Director of National Intel10 ligence. 

11 (e) NATIONAL DRUG INTELLIGENCE CENTER.— 

12 (1) IN GENERAL.—Of the amount authorized to 

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

14 be available for the National Drug Intelligence Cen15 ter. Within such amount, funds provided for re16 search, development, testing, and evaluation pur17 poses shall remain available until September 30, 

18 2007, and funds provided for procurement purposes 

19 shall remain available until September 30, 2008. 

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

21 National Intelligence shall transfer to the Attorney 

22 General funds available for the National Drug Intel23 ligence Center under paragraph (1). The Attorney 

24 General shall utilize funds so transferred for the ac25 tivities of the National Drug Intelligence Center. 
11 

S 1803 PCS 

1 (3) LIMITATION.—Amounts available for the 

2 National Drug Intelligence Center may not be used 

3 in contravention of the provisions of section 

4 104A(e)(1) of the National Security Act of 1947 (as 

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

6 (4) AUTHORITY.—Notwithstanding any other 

7 provision of law, the Attorney General shall retain 

8 full authority over the operations of the National 

9 Drug Intelligence Center. 

10 SEC. 106. INCORPORATION OF REPORTING REQUIRE11 MENTS. 

12 (a) IN GENERAL.—Each requirement to submit a re13 port to the congressional intelligence committees that is 

14 included in the joint explanatory statement to accompany 

15 the conference report on the bill llll of the One 

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

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

18 made a requirement in law. 

19 (b) CONGRESSIONAL INTELLIGENCE COMMITTEES

20 DEFINED.—In this section, the term ‘‘congressional intel21 ligence committees’’ means— 

22 (1) the Select Committee on Intelligence of the 

23 Senate; and 

24 (2) the Permanent Select Committee on Intel25 ligence of the House of Representatives. 
12 

S 1803 PCS 

1 SEC. 107. RESPONSE OF INTELLIGENCE COMMUNITY TO 

2 REQUESTS FROM CONGRESS FOR INTEL3 LIGENCE DOCUMENTS AND INFORMATION. 

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

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

6 at the end the following new section: 

7 ‘‘RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS

8 FROM CONGRESS FOR INTELLIGENCE DOCUMENTS

9 AND INFORMATION

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

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

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

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

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

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

21 Intelligence of the House of Representatives, or any other 

22 committee of Congress with jurisdiction over the subject 

23 matter to which information in such assessment, report, 

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

25 available to such committee such assessment, report, esti-
13 

S 1803 PCS 

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

2 be. 

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

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

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

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

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

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

11 that subsection from the Chairman or Vice Chairman of 

12 the Select Committee on Intelligence of the Senate or the 

13 Chairman or Ranking Member of the Permanent Select 

14 Committee on Intelligence of the House of Representa15 tives. 

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

17 (1)— 

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

19 case may be, of the Select Committee on Intelligence 

20 of the Senate shall notify the other of the Chairman 

21 or Vice Chairman of such request; and 

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

23 case may be, of the Permanent Select Committee on 

24 Intelligence of the House of Representatives shall 
14 

S 1803 PCS 

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

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

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

10 the intelligence community shall provide the document or 

11 information covered by such request unless the President 

12 certifies that such document or information is not being 

13 provided because the President is asserting a privilege 

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

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

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

17 after the item relating to section 507 the following new 

18 item: 

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

intelligence documents and information.’’. 
15 

S 1803 PCS 

1 TITLE II—CENTRAL INTEL2 LIGENCE AGENCY RETIRE3 MENT AND DISABILITY SYS4 TEM 

5 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

6 There is authorized to be appropriated for the Cen7 tral Intelligence Agency Retirement and Disability Fund 

8 for fiscal year 2006 the sum of $244,600,000. 

9 TITLE III—INTELLIGENCE AND 

10 GENERAL INTELLIGENCE 

11 COMMUNITY MATTERS 

12 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND 

13 BENEFITS AUTHORIZED BY LAW. 

14 Appropriations authorized by this Act for salary, pay, 

15 retirement, and other benefits for Federal employees may 

16 be increased by such additional or supplemental amounts 

17 as may be necessary for increases in such compensation 

18 or benefits authorized by law. 

19 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE 

20 ACTIVITIES. 

21 The authorization of appropriations by this Act shall 

22 not be deemed to constitute authority for the conduct of 

23 any intelligence activity which is not otherwise authorized 

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

S 1803 PCS 

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

3 SECURITY ACT OF 1947. 

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

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

7 SEC. 304. DELEGATION OF AUTHORITY FOR TRAVEL ON 

8 COMMON CARRIERS FOR INTELLIGENCE 

9 COLLECTION PERSONNEL. 

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

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

12 is amended— 

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

14 (2) in paragraph (1), by striking ‘‘may only del15 egate’’ and all that follows and inserting ‘‘may dele16 gate the authority in subsection (a) to the head of 

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

18 and 

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

20 paragraph: 

21 ‘‘(2) The head of an element of the intelligence com22 munity to whom the authority in subsection (a) is dele23 gated pursuant to paragraph (1) may further delegate 

24 such authority to such senior officials of such element as 

25 are specified in guidelines prescribed by the Director of 

26 National Intelligence for purposes of this paragraph.’’. 
17 

S 1803 PCS 

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

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

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

7 by subsection (a). 

8 (c) CONGRESSIONAL INTELLIGENCE COMMITTEES

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

11 (1) the Select Committee on Intelligence of the 

12 Senate; and 

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

15 SEC. 305. MODIFICATION OF AVAILABILITY OF FUNDS FOR 

16 DIFFERENT INTELLIGENCE ACTIVITIES. 

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

19 amended to read as follows: 

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

21 supports an emergent need, improves program effec22 tiveness, or increases efficiency; and’’. 
18 

S 1803 PCS 

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

2 DEBTS TO ELEMENTS OF THE INTELLIGENCE 

3 COMMUNITY. 

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

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

6 at the end the following new section: 

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

8 ELEMENTS OF THE INTELLIGENCE COMMUNITY

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

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

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

12 an element of the intelligence community may retain 

13 amounts paid or reimbursed to the United States, includ14 ing amounts paid by an employee of the Federal Govern15 ment from personal funds, for repayment of a debt owed 

16 to the element of the intelligence community. 

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

18 Amounts retained under subsection (a) shall be credited 

19 to the current appropriation or account from which such 

20 funds were derived or whose expenditure formed the basis 

21 for the underlying activity from which the debt concerned 

22 arose. 

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

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

25 such appropriation or account, and shall be available in 

26 accordance with subsection (c). 
19 

S 1803 PCS 

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

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

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

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

5 for such time as is applicable to amounts in such appro6 priation or account, for purposes as follows: 

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

8 damaged property of such element, the repair of 

9 such property or the replacement of such property 

10 with alternative property that will perform the same 

11 or similar functions as such property. 

12 ‘‘(2) The funding of any other activities author13 ized to be funded by such appropriation or account. 

14 ‘‘(d) DEBT OWED TO AN ELEMENT OF THE INTEL15 LIGENCE COMMUNITY DEFINED.—In this section, the 

16 term ‘debt owed to an element of the intelligence commu17 nity’ means any of the following: 

18 ‘‘(1) A debt owed to an element of the intel19 ligence community by an employee or former em20 ployee of such element for the negligent or willful 

21 loss of or damage to property of such element that 

22 was procured by such element using appropriated 

23 funds. 

24 ‘‘(2) A debt owed to an element of the intel25 ligence community by an employee or former em-
20 

S 1803 PCS 

1 ployee of such element as repayment for default on 

2 the terms and conditions associated with a scholar3 ship, fellowship, or other educational assistance pro4 vided to such individual by such element, whether in 

5 exchange for future services or otherwise, using ap6 propriated funds. 

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

8 element of the intelligence community by a private 

9 person or entity by reason of the negligent or willful 

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

11 court of competent jurisdiction or in a lawful admin12 istrative proceeding.’’. 

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

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

15 the end the following new item: 

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

16 SEC. 307. PILOT PROGRAM ON DISCLOSURE OF RECORDS 

17 UNDER THE PRIVACY ACT RELATING TO CER18 TAIN INTELLIGENCE ACTIVITIES. 

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

20 title 5, United States Code, is amended— 

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

22 end; 

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

24 and inserting ‘‘; or’’; and 
21 

S 1803 PCS 

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

2 paragraph: 

3 ‘‘(13) to an element of the intelligence commu4 nity set forth in or designated under section 3(4) of 

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

6 401a(4))— 

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

8 community, or by a department or agency of 

9 the Federal Government containing an element 

10 of the intelligence community, that maintains 

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

12 and authorized foreign intelligence or counter13 intelligence activity conducted by the receiving 

14 element of the intelligence community; or 

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

16 the record, if— 

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

18 agency to protect the United States or its 

19 interests against the threat of international 

20 terrorism or the proliferation of weapons of 

21 mass destruction; and 

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

23 intelligence community makes a written re24 quest to that agency specifying the record, 

25 or the particular portion thereof, that is 
22 

S 1803 PCS 

1 relevant to a lawful and authorized activity 

2 of the element of the intelligence commu3 nity to protect against international ter4 rorism or the proliferation of weapons of 

5 mass destruction; or 

6 ‘‘(II) the head of that agency deter7 mines that— 

8 ‘‘(aa) the record, or particular 

9 portion thereof, constitutes terrorism 

10 information (as that term is defined 

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

12 Security Intelligence Reform Act of 

13 2004 (title I of Public Law 108–458)) 

14 or information concerning the pro15 liferation of weapons of mass destruc16 tion; and 

17 ‘‘(bb) the disclosure of the 

18 record, or particular portion thereof, 

19 will be to an element of the intel20 ligence community authorized to col21 lect and analyze foreign intelligence or 

22 counterintelligence information related 

23 to international terrorism or the pro24 liferation of weapons of mass destruc25 tion.’’. 
23 

S 1803 PCS 

1 (b) EXEMPTION FROM CERTAIN PRIVACY ACT RE2 QUIREMENTS FOR RECORD ACCESS AND ACCOUNTING

3 FOR DISCLOSURES.—Elements of the intelligence commu4 nity set forth in or designated under section 3(4) of the 

5 National Security Act of 1947 (50 U.S.C. 401a(4)) receiv6 ing a disclosure under subsection (b)(13) of section 552a 

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

8 comply with subsection (c)(3), (c)(4), or (d) of such sec9 tion 552a with respect to such disclosure, or the records, 

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

11 such section 552a. 

12 (c) CONSULTATION ON DETERMINATIONS OF INFOR13 MATION TYPE.—Such section is further amended by add14 ing at the end the following new subsection: 

15 ‘‘(w) AUTHORITY TO CONSULT ON DETERMINATIONS

16 OF INFORMATION TYPE.—When determining for purposes 

17 of subsection (b)(13)(B)(ii)(II) whether a record con18 stitutes terrorism information (as that term is defined in 

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

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

21 Stat. 3665)) or information concerning the proliferation 

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

23 may consult with the Director of National Intelligence or 

24 the Attorney General.’’. 
24 

S 1803 PCS 

1 (d) CONSTRUCTION.—Nothing in the amendments 

2 made by this section shall be deemed to constitute author3 ity for the collection or retention of foreign intelligence 

4 or counterintelligence information not otherwise author5 ized by the Constitution, laws, or Executive orders of the 

6 United States. 

7 (e) REPORTS.— 

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

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

10 annually thereafter through 2008, the Director of 

11 National Intelligence and the Attorney General, in 

12 coordination with the Privacy and Civil Liberties 

13 Oversight Board, shall jointly submit to the congres14 sional intelligence committees a report on the admin15 istration of the amendments made by this section. 

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

17 before the date specified in subsection (f), the Direc18 tor of National Intelligence and the Attorney Gen19 eral, in coordination with the Privacy and Civil Lib20 erties Oversight Board, shall jointly submit to the 

21 congressional intelligence committees a report on ad22 ministration of the amendments made by this sec23 tion. The report shall include the recommendations 

24 of the Director and the Attorney General regarding 
25 

S 1803 PCS 

1 the continuation in effect of such amendments after 

2 such date. 

3 (3) REVIEW AND REPORT BY PRIVACY AND

4 CIVIL LIBERTIES OVERSIGHT BOARD.—Not later 

5 than six months before the date specified in sub6 section (f), the Privacy and Civil Liberties Oversight 

7 Board shall— 

8 (A) review the administration of the 

9 amendments made by this section; and 

10 (B) in a manner consistent with section 

11 1061(c)(1) of the National Security Intelligence 

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

13 458; 118 Stat. 3684; 5 U.S.C. 601 note), sub14 mit to the congressional intelligence committees 

15 a report providing such advice and counsel on 

16 the administration of the amendments made by 

17 this section as the Board considers appropriate. 

18 (4) CONGRESSIONAL INTELLIGENCE COMMIT19 TEES DEFINED.—In this subsection, the term ‘‘con20 gressional intelligence committees’’ means— 

21 (A) the Select Committee on Intelligence of 

22 the Senate; and 

23 (B) the Permanent Select Committee on 

24 Intelligence of the House of Representatives. 
26 

S 1803 PCS 

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

2 section shall cease to have effect on December 31, 2009 

3 December 31, 2007. 

4 SEC. 308. EXTENSION TO INTELLIGENCE COMMUNITY OF 

5 AUTHORITY TO DELETE INFORMATION 

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

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

9 States Code, is amended to read as follows: 

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

11 of the intelligence community, the head of such element 

12 may delete the information described in subparagraphs 

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

14 element certifies in writing to the Secretary of State that 

15 the publication of such information could adversely affect 

16 United States intelligence sources or methods. 

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

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

19 shall be transmitted to the Director of National Intel20 ligence. 

21 ‘‘(C) In this paragraph, the term ‘element of the in22 telligence community’ means an element of the intelligence 

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

24 the National Security Act of 1947 (50 U.S.C. 401a(4)).’’. 
27 

S 1803 PCS 

1 SEC. 309. AVAILABILITY OF FUNDS FOR TRAVEL AND 

2 TRANSPORTATION OF PERSONAL EFFECTS, 

3 HOUSEHOLD GOODS, AND AUTOMOBILES. 

4 (a) FUNDS OF OFFICE OF DIRECTOR OF NATIONAL

5 INTELLIGENCE.—Funds appropriated to the Office of the 

6 Director of National Intelligence and available for travel 

7 and transportation expenses shall be available for such ex8 penses when any part of the travel or transportation con9 cerned begins in a fiscal year pursuant to travel orders 

10 issued in such fiscal year, notwithstanding that such travel 

11 or transportation is or may not be completed during such 

12 fiscal year. 

13 (b) FUNDS OF CENTRAL INTELLIGENCE AGENCY.— 

14 Funds appropriated to the Central Intelligence Agency 

15 and available for travel and transportation expenses shall 

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

17 or transportation concerned begins in a fiscal year pursu18 ant to travel orders issued in such fiscal year, notwith19 standing that such travel or transportation is or may not 

20 be completed during such fiscal year. 

21 (c) TRAVEL AND TRANSPORTATION EXPENSES DE22 FINED.—In this section, the term ‘‘travel and transpor23 tation expenses’’ means the following: 

24 (1) Expenses in connection with travel of per25 sonnel, including travel of dependents. 
28 

S 1803 PCS 

1 (2) Expenses in connection with transportation 

2 of personal effects, household goods, or automobiles 

3 of personnel. 

4 TITLE IV—MATTERS RELATING 

5 TO ELEMENTS OF THE INTEL6 LIGENCE COMMUNITY 

7 Subtitle A—Office of the Director 

8 of National Intelligence 

9 SEC. 401. ADDITIONAL AUTHORITIES OF THE DIRECTOR OF 

10 NATIONAL INTELLIGENCE ON INTELLIGENCE 

11 INFORMATION SHARING. 

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

13 1947 (50 U.S.C. 403–1(g)(1)) is amended— 

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

15 the end; 

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

17 and inserting a semicolon; and 

18 (3) by adding at the end the following the fol19 lowing new subparagraphs: 

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

21 authority— 

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

23 and utilization of systems of common concern 

24 for elements of the intelligence community, or 

25 that support the activities of such elements, re-
29 

S 1803 PCS 

1 lated to the collection, processing, analysis, ex2 ploitation, and dissemination of intelligence in3 formation; and 

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

5 relating to the transfer, reprogramming, obliga6 tion, or expenditure of funds, other than the 

7 provisions of this Act and the National Security 

8 Intelligence Reform Act of 2004 (title I of Pub9 lic Law 108–458), to expend funds for purposes 

10 associated with the development, deployment, 

11 and utilization of such systems, which funds 

12 may be received and utilized by any depart13 ment, agency, or other element of the United 

14 States Government for such purposes; and 

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

16 intelligence information sharing or access capabili17 ties, have the authority to transfer funds appro18 priated for a program within the National Intel19 ligence Program to a program funded by appropria20 tions not within the National Intelligence Program, 

21 consistent with paragraphs (3) through (7) of sub22 section (d).’’. 
30 

S 1803 PCS 

1 SEC. 402. MODIFICATION OF LIMITATION ON DELEGATION 

2 BY THE DIRECTOR OF NATIONAL INTEL3 LIGENCE OF THE PROTECTION OF INTEL4 LIGENCE SOURCES AND METHODS. 

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

6 1947 (50 U.S.C. 403–1(i)(3)) is amended by inserting be7 fore the period the following: ‘‘, any Deputy Director of 

8 National Intelligence, or the Chief Information Officer of 

9 the Intelligence Community’’. 

10 SEC. 403. AUTHORITY OF THE DIRECTOR OF NATIONAL IN11 TELLIGENCE TO MANAGE ACCESS TO HUMAN 

12 INTELLIGENCE INFORMATION. 

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

14 (50 U.S.C. 403–1(b)) is amended— 

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

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

17 paragraph: 

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

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

20 intelligence reports, operational data, and other as21 sociated information, concerning the human intel22 ligence operations of any element of the intelligence 

23 community authorized to undertake such collection; 

24 ‘‘(B) consistent with the protection of intel25 ligence sources and methods, ensure maximum ac26 cess to the intelligence information contained in the 
31 

S 1803 PCS 

1 information referred to in subparagraph (A) 

2 throughout the intelligence community; and 

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

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

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

9 relevant to their official responsibilities.’’. 

10 SEC. 404. ADDITIONAL ADMINISTRATIVE AUTHORITY OF 

11 THE DIRECTOR OF NATIONAL INTEL12 LIGENCE. 

13 Section 102A of the National Security Act of 1947 

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

15 following new subsection: 

16 ‘‘(s) ADDITIONAL ADMINISTRATIVE AUTHORITIES.— 

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

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

19 interagency financing of activities described in clause (i) 

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

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

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

25 interagency financing for— 
32 

S 1803 PCS 

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

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

5 Director; and 

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

7 any department, agency, or element of the United 

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

10 funding of such activities. 

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

12 the enactment of this subsection shall be deemed to limit 

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

14 provision makes specific reference to the authority in that 

15 paragraph.’’. 

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

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

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

20 (50 U.S.C. 403–3(e)) is amended— 

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

22 HEADQUARTERS WITH HEADQUARTERS OF’’; 

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

24 ‘‘the Office’’; and 
33 

S 1803 PCS 

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

3 SEC. 406. ADDITIONAL DUTIES OF THE DIRECTOR OF 

4 SCIENCE AND TECHNOLOGY OF THE OFFICE 

5 OF THE DIRECTOR OF NATIONAL INTEL6 LIGENCE. 

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

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

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

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

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

15 paragraph: 

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

18 programs to be carried out by elements of the intelligence 

19 community.’’. 

20 (b) DEVELOPMENT OF TECHNOLOGY GOALS.—That 

21 section is further amended— 

22 (1) in subsection (c)— 

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

24 the end; 
34 

S 1803 PCS 

1 (B) by redesignating paragraph (5) as 

2 paragraph (8); and 

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

4 following new paragraphs: 

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

6 the elements of the intelligence community to meet 

7 the technology needs of the intelligence community; 

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

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

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

14 the intelligence community for a major system (as so 

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

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

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

21 the Director of Science and Technology shall— 

22 ‘‘(1) perform systematic identification and as23 sessment of the most significant intelligence chal24 lenges that require technical solutions; 
35 

S 1803 PCS 

1 ‘‘(2) examine options to enhance the responsive2 ness of research and design programs to meet the 

3 requirements of the intelligence community for time4 ly support; and 

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

6 in establishing research and development priorities 

7 and projects for the intelligence community that— 

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

9 national intelligence requirements; 

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

11 collection, processing, analysis, or dissemination 

12 of national intelligence; 

13 ‘‘(C) take into account funding constraints 

14 in program development and acquisition; and 

15 ‘‘(D) address system requirements from 

16 collection to final dissemination (also known as 

17 ‘end-to-end architecture’).’’. 

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

19 Director of National Intelligence shall submit to Congress 

20 a report containing a strategy for the development and 

21 use of technology in the intelligence community through 

22 2021. 

23 (2) The report shall include— 
36 

S 1803 PCS 

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

3 may be resolved by the use of technology; 

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

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

8 National Intelligence Program addresses an identi9 fied intelligence gap; 

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

11 and development projects by research type (basic, 

12 advanced, or applied) with estimated funding levels, 

13 estimated initiation dates, and estimated completion 

14 dates; and 

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

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

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

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

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

24 is amended by striking ‘‘the President, by and with the 
37 

S 1803 PCS 

1 advice and consent of the Senate’’ and inserting ‘‘the Di2 rector of National Intelligence’’. 

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

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

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

10 (3) in subsection (c), by inserting ‘‘of the Intel11 ligence Community’’ after ‘‘Chief Information Offi12 cer’’; and 

13 (4) in subsection (d), by inserting ‘‘of the Intel14 ligence Community’’ after ‘‘Chief Information Offi15 cer’’ the first place it appears. 

16 SEC. 408. INSPECTOR GENERAL OF THE INTELLIGENCE 

17 COMMUNITY. 

18 (a) ESTABLISHMENT.—(1) Title I of the National Se19 curity Act of 1947 (50 U.S.C. 402 et seq.) is amended 

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

21 ‘‘INSPECTOR GENERAL OF THE INTELLIGENCE

22 COMMUNITY

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

24 OF INTELLIGENCE COMMUNITY.—There is within the Of25 fice of the Director of National Intelligence an Office of 

26 the Inspector General of the Intelligence Community. 
38 

S 1803 PCS 

1 ‘‘(b) PURPOSE.—The purpose of the Office of the In2 spector General of the Intelligence Community is to— 

3 ‘‘(1) create an objective and effective office, ap4 propriately accountable to Congress, to initiate and 

5 conduct independently investigations, inspections, 

6 and audits relating to— 

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

8 intelligence community; 

9 ‘‘(B) the elements of the intelligence com10 munity within the National Intelligence Pro11 gram; and 

12 ‘‘(C) the relationships between the ele13 ments of the intelligence community within the 

14 National Intelligence Program and the other 

15 elements of the intelligence community; 

16 ‘‘(2) recommend policies designed— 

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

18 effectiveness in the administration and imple19 mentation of such programs and operations, 

20 and in such relationships; and 

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

22 abuse in such programs, operations, and rela23 tionships; 
39 

S 1803 PCS 

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

2 of National Intelligence fully and currently informed 

3 about— 

4 ‘‘(A) problems and deficiencies relating to 

5 the administration and implementation of such 

6 programs and operations, and to such relation7 ships; and 

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

9 corrective actions; and 

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

11 ensure that the congressional intelligence committees 

12 are kept similarly informed of— 

13 ‘‘(A) significant problems and deficiencies 

14 relating to the administration and implementa15 tion of such programs and operations, and to 

16 such relationships; and 

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

18 corrective actions. 

19 ‘‘(c) INSPECTOR GENERAL OF INTELLIGENCE COM20 MUNITY.—(1) There is an Inspector General of the Intel21 ligence Community, who shall be the head of the Office 

22 of the Inspector General of the Intelligence Community, 

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

24 advice and consent of the Senate. 
40 

S 1803 PCS 

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

2 as Inspector General shall be made— 

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

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

5 with the security standards of the intelligence com6 munity, and prior experience in the field of intel7 ligence or national security; and 

8 ‘‘(C) on the basis of demonstrated ability in ac9 counting, financial analysis, law, management anal10 ysis, public administration, or auditing. 

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

12 and be under the general supervision of the Director of 

13 National Intelligence. 

14 ‘‘(4) The Inspector General may be removed from of15 fice only by the President. The President shall imme16 diately communicate in writing to the congressional intel17 ligence committees the reasons for the removal of any indi18 vidual from the position of Inspector General. 

19 ‘‘(d) DUTIES AND RESPONSIBILITIES.—It Subject to 

20 subsections (g) and (h), it shall be the duty and responsi21 bility of the Inspector General of the Intelligence Commu22 nity— 

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

24 conduct, supervise, and coordinate independently, 

25 the investigations, inspections, and audits relating to 
41 

S 1803 PCS 

1 the programs and operations of the intelligence com2 munity, the elements of the intelligence community 

3 within the National Intelligence Program, and the 

4 relationships between the elements of the intelligence 

5 community within the National Intelligence Program 

6 and the other elements of the intelligence community 

7 to ensure they are conducted efficiently and in ac8 cordance with applicable law and regulations; 

9 ‘‘(2) to keep the Director of National Intel10 ligence fully and currently informed concerning vio11 lations of law and regulations, violations of civil lib12 erties and privacy, and fraud and other serious prob13 lems, abuses, and deficiencies that may occur in 

14 such programs and operations, and in such relation15 ships, and to report the progress made in imple16 menting corrective action; 

17 ‘‘(3) to take due regard for the protection of in18 telligence sources and methods in the preparation of 

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

20 the extent consistent with the purpose and objective 

21 of such reports, take such measures as may be ap22 propriate to minimize the disclosure of intelligence 

23 sources and methods described in such reports; and 
42 

S 1803 PCS 

1 ‘‘(4) in the execution of the duties and respon2 sibilities under this section, to comply with generally 

3 accepted government auditing standards. 

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

5 of National Intelligence may prohibit the Inspector Gen6 eral of the Intelligence Community from initiating, car7 rying out, or completing any investigation, inspection, or 

8 audit if the Director determines that such prohibition is 

9 necessary to protect vital national security interests of the 

10 United States. 

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

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

13 classified statement of the reasons for the exercise of such 

14 authority within 7 days to the congressional intelligence 

15 committees. 

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

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

18 and, to the extent consistent with the protection of intel19 ligence sources and methods, provide the Inspector Gen20 eral with a copy of such report. 

21 ‘‘(4) The Inspector General may submit to the con22 gressional intelligence committees any comments on a re23 port of which the Inspector General has notice under para24 graph (3) that the Inspector General considers appro25 priate. 
43 

S 1803 PCS 

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

2 the Intelligence Community shall have direct and prompt 

3 access to the Director of National Intelligence when nec4 essary for any purpose pertaining to the performance of 

5 the duties of the Inspector General. 

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

7 any employee, or any employee of a contractor, of any ele8 ment of the intelligence community whose testimony is 

9 needed for the performance of the duties of the Inspector 

10 General. 

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

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

13 recommendations, or other material which relate to the 

14 programs and operations with respect to which the Inspec15 tor General has responsibilities under this section. 

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

17 of information shall not, in and of itself, provide a suffi18 cient rationale for denying the Inspector General access 

19 to any materials under subparagraph (B). 

20 ‘‘(D) Failure on the part of any employee, or any em21 ployee of a contractor, of any element of the intelligence 

22 community to cooperate with the Inspector General shall 

23 be grounds for appropriate administrative actions by the 

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

25 appropriate officials of the intelligence community, includ-
44 

S 1803 PCS 

1 ing loss of employment or the termination of an existing 

2 contractual relationship. 

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

4 and investigate complaints or information from any person 

5 concerning the existence of an activity constituting a viola6 tion of laws, rules, or regulations, or mismanagement, 

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

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

9 such complaint or information has been received from an 

10 employee of the Federal Government— 

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

12 the identity of the employee without the consent of 

13 the employee, unless the Inspector General deter14 mines that such disclosure is unavoidable during the 

15 course of the investigation or the disclosure is made 

16 to an official of the Department of Justice respon17 sible for determining whether a prosecution should 

18 be undertaken; and 

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

20 of reprisal, for making such complaint may be taken 

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

22 unless the complaint was made or the information 

23 was disclosed with the knowledge that it was false 

24 or with willful disregard for its truth or falsity. 
45 

S 1803 PCS 

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

2 administer to or take from any person an oath, affirma3 tion, or affidavit, whenever necessary in the performance 

4 of the duties of the Inspector General, which oath, affir5 mation, or affidavit when administered or taken by or be6 fore an employee of the Office of the Inspector General 

7 of the Intelligence Community designated by the Inspector 

8 General shall have the same force and effect as if adminis9 tered or taken by or before an officer having a seal. 

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

11 Inspector General is authorized to require by subpoena the 

12 production of all information, documents, reports, an13 swers, records, accounts, papers, and other data and docu14 mentary evidence necessary in the performance of the du15 ties and responsibilities of the Inspector General. 

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

17 elements of the United States Government, the Inspector 

18 General shall obtain information, documents, reports, an19 swers, records, accounts, papers, and other data and evi20 dence for the purpose specified in subparagraph (A) using 

21 procedures other than by subpoenas. 

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

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

24 community, including the Office of the Director of Na25 tional Intelligence. 
46 

S 1803 PCS 

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

2 subpoena issued under this paragraph, the subpoena shall 

3 be enforceable by order of any appropriate district court 

4 of the United States. 

5 ‘‘(g) COORDINATION AMONG INSPECTORS GENERAL

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

7 matter within the jurisdiction of the Inspector General of 

8 the Intelligence Community that may be subject to an in9 vestigation, inspection, or audit by both the Inspector 

10 General of the Intelligence Community and an Inspector 

11 General, whether statutory or administrative, with over12 sight responsibility for an element or elements of the intel13 ligence community, the Inspector General of the Intel14 ligence Community and such other Inspector or Inspectors 

15 General shall expeditiously resolve which Inspector Gen16 eral shall conduct such investigation, inspection, or audit. 

17 The Inspector General of the Intelligence Community shall 

18 make the final decision on the resolution of such jurisdic19 tion. 

20 ‘‘(2) The Inspector General conducting an investiga21 tion, inspection, or audit covered by paragraph (1) shall 

22 submit the results of such investigation, inspection, or 

23 audit to any other Inspector General, including the Inspec24 tor General of the Intelligence Community, with jurisdic25 tion to conduct such investigation, inspection, or audit 
47 

S 1803 PCS 

1 who did not conduct such investigation, inspection, or 

2 audit. 

3 ‘‘(3)(A) If an investigation, inspection, or audit cov4 ered by paragraph (1) is conducted by an Inspector Gen5 eral other than the Inspector General of the Intelligence 

6 Community, the Inspector General of the Intelligence 

7 Community may, upon completion of such investigation, 

8 inspection, or audit by such other Inspector General, con9 duct under this section a separate investigation, inspec10 tion, or audit of the matter concerned if the Inspector 

11 General of the Intelligence Community determines that 

12 such initial investigation, inspection, or audit was deficient 

13 in some manner or that further investigation, inspection, 

14 or audit is required. 

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

16 General of the Department of Defense or to any other In17 spector General within the Department of Defense. 

18 ‘‘(h) STAFF AND OTHER SUPPORT.—(1) The Inspec19 tor General of the Intelligence Community shall be pro20 vided with appropriate and adequate office space at cen21 tral and field office locations, together with such equip22 ment, office supplies, maintenance services, and commu23 nications facilities and services as may be necessary for 

24 the operation of such offices. 
48 

S 1803 PCS 

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

2 the Director of National Intelligence, the Inspector Gen3 eral shall select, appoint, and employ such officers and em4 ployees as may be necessary to carry out the functions 

5 of the Inspector General. The Inspector General shall en6 sure that any officer or employee so selected, appointed, 

7 or employed has security clearances appropriate for the 

8 assigned duties of such officer or employee. 

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

10 the Inspector General shall ensure that such officers and 

11 employees have the requisite training and experience to 

12 enable the Inspector General to carry out the duties of 

13 the Inspector General effectively. 

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

15 the Inspector General shall create within the Office of the 

16 Inspector General of the Intelligence Community a career 

17 cadre of sufficient size to provide appropriate continuity 

18 and objectivity needed for the effective performance of the 

19 duties of the Inspector General. 

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

21 the Inspector General may request such information or as22 sistance as may be necessary for carrying out the duties 

23 and responsibilities of the Inspector General from any de24 partment, agency, or other element of the United States 

25 Government. 
49 

S 1803 PCS 

1 ‘‘(B) Upon request of the Inspector General for infor2 mation or assistance under subparagraph (A), the head 

3 of the department, agency, or element concerned shall, in4 sofar as is practicable and not in contravention of any ex5 isting statutory restriction or regulation of the depart6 ment, agency, or element, furnish to the Inspector Gen7 eral, or to an authorized designee, such information or as8 sistance. 

9 ‘‘(C) Each Inspector General of an element of the in10 telligence community shall comply fully with a request for 

11 information or assistance from the Inspector General of 

12 the Intelligence Community. 

13 ‘‘(D) (C) The Inspector General of the Intelligence 

14 Community may, upon reasonable notice to the head of 

15 any element of the intelligence community, conduct, as au16 thorized by this section, an investigation, inspection, or 

17 audit of such element and may enter into any place occu18 pied by such element for purposes of the performance of 

19 the duties of the Inspector General. 

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

21 Intelligence Community shall, not later than January 31 

22 and July 31 of each year, prepare and submit to the Di23 rector of National Intelligence a classified, and, as appro24 priate, unclassified semiannual report summarizing the ac25 tivities of the Office of the Inspector General of the Intel-
50 

S 1803 PCS 

1 ligence Community during the immediately preceding 6- 

2 month periods ending December 31 (of the preceding 

3 year) and June 30, respectively. 

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

5 at a minimum, the following: 

6 ‘‘(i) A list of the title or subject of each inves7 tigation, inspection, or audit conducted during the 

8 period covered by such report, including a summary 

9 of the progress of each particular investigation, in10 spection, or audit since the preceding report of the 

11 Inspector General under this paragraph. 

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

13 abuses, and deficiencies relating to the administra14 tion and implementation of programs and operations 

15 of the intelligence community, and in the relation16 ships between elements of the intelligence commu17 nity, identified by the Inspector General during the 

18 period covered by such report. 

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

20 corrective or disciplinary action made by the Inspec21 tor General during the period covered by such report 

22 with respect to significant problems, abuses, or defi23 ciencies identified in clause (ii). 

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

25 disciplinary action has been completed on each sig-
51 

S 1803 PCS 

1 nificant recommendation described in previous semi2 annual reports, and, in a case where corrective ac3 tion has been completed, a description of such cor4 rective action. 

5 ‘‘(v) A certification whether or not the Inspec6 tor General has had full and direct access to all in7 formation relevant to the performance of the func8 tions of the Inspector General. 

9 ‘‘(vi) A description of the exercise of the sub10 poena authority under subsection (f)(5) by the In11 spector General during the period covered by such 

12 report. 

13 ‘‘(vii) Such recommendations as the Inspector 

14 General considers appropriate for legislation to pro15 mote economy, efficiency, and effectiveness in the 

16 administration and implementation of programs and 

17 operations undertaken by the intelligence commu18 nity, and in the relationships between elements of 

19 the intelligence community, and to detect and elimi20 nate fraud and abuse in such programs and oper21 ations and in such relationships. 

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

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

24 shall transmit the report to the congressional intelligence 
52 

S 1803 PCS 

1 committees together with any comments the Director con2 siders appropriate. 

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

6 abuses, or deficiencies relating to the administration and 

7 implementation of programs or operations of the intel8 ligence community or in the relationships between ele9 ments of the intelligence community. 

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

11 intelligence committees each report under subparagraph 

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

13 together with such comments as the Director considers ap14 propriate. 

15 ‘‘(3) In the event that— 

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

17 any differences with the Director affecting the exe18 cution of the duties or responsibilities of the Inspec19 tor General; 

20 ‘‘(B) an investigation, inspection, or audit car21 ried out by the Inspector General focuses on any 

22 current or former intelligence community official 

23 who— 

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

25 of the intelligence community that is subject to 
53 

S 1803 PCS 

1 appointment by the President, whether or not 

2 by and with the advice and consent of the Sen3 ate, including such a position held on an acting 

4 basis; 

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

6 of the intelligence community, including a posi7 tion held on an acting basis, that is appointed 

8 by the Director of National Intelligence; or 

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

10 element of the intelligence community or a posi11 tion covered by subsection (b) or (c) of section 

12 106; 

13 ‘‘(C) a matter requires a report by the Inspec14 tor General to the Department of Justice on possible 

15 criminal conduct by a current or former official de16 scribed in subparagraph (B); 

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

18 the Department of Justice declining or approving 

19 prosecution of possible criminal conduct of any cur20 rent or former official described in subparagraph 

21 (B); or 

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

23 possible alternatives, is unable to obtain significant 

24 documentary information in the course of an inves25 tigation, inspection, or audit, 
54 

S 1803 PCS 

1 the Inspector General shall immediately notify and submit 

2 a report on such matter to the congressional intelligence 

3 committees. 

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

5 to the congressional intelligence committees any report or 

6 findings and recommendations of an investigation, inspec7 tion, or audit conducted by the office which has been re8 quested by the Chairman or Vice Chairman or Ranking 

9 Minority Member of either committee. 

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

11 community, an employee assigned or detailed to an ele12 ment of the intelligence community, or an employee of a 

13 contractor to the intelligence community who intends to 

14 report to Congress a complaint or information with respect 

15 to an urgent concern may report such complaint or infor16 mation to the Inspector General. 

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

18 period beginning on the date of receipt from an employee 

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

20 the Inspector General shall determine whether the com21 plaint or information appears credible. Upon making such 

22 a determination, the Inspector General shall transmit to 

23 the Director a notice of that determination, together with 

24 the complaint or information. 
55 

S 1803 PCS 

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

2 General under subparagraph (B), the Director shall, with3 in seven calendar days of such receipt, forward such trans4 mittal to the congressional intelligence committees, to5 gether with any comments the Director considers appro6 priate. 

7 ‘‘(D)(i) If the Inspector General does not find cred8 ible under subparagraph (B) a complaint or information 

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

10 the complaint or information to the Director in accurate 

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

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

13 Congress by contacting either or both of the congressional 

14 intelligence committees directly. 

15 ‘‘(ii) An employee may contact the intelligence com16 mittees directly as described in clause (i) only if the em17 ployee— 

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

19 the Director, through the Inspector General, a state20 ment of the employee’s complaint or information and 

21 notice of the employee’s intent to contact the con22 gressional intelligence committees directly; and 

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

24 through the Inspector General, direction on how to 
56 

S 1803 PCS 

1 contact the intelligence committees in accordance 

2 with appropriate security practices. 

3 ‘‘(iii) A member or employee of one of the congres4 sional intelligence committees who receives a complaint or 

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

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

7 such committee. 

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

9 who reports a complaint or information to the Inspector 

10 General under this paragraph of each action taken under 

11 this paragraph with respect to the complaint or informa12 tion. Such notice shall be provided not later than 3 days 

13 after any such action is taken. 

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

15 General under this paragraph shall not be subject to judi16 cial review. 

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

18 means any of the following: 

19 ‘‘(i) A serious or flagrant problem, abuse, viola20 tion of law or Executive order, or deficiency relating 

21 to the funding, administration, or operations of an 

22 intelligence activity involving classified information, 

23 but does not include differences of opinions con24 cerning public policy matters. 
57 

S 1803 PCS 

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

2 withholding from Congress, on an issue of material 

3 fact relating to the funding, administration, or oper4 ation of an intelligence activity. 

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

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

7 States Code, constituting reprisal or threat of re8 prisal prohibited under subsection (f)(3)(B) of this 

9 section in response to an employee’s reporting an ur10 gent concern in accordance with this paragraph. 

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

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

13 section 701(b) of the Intelligence Community Whistle14 blower Protection Act of 1998 (title VII of Public Law 

15 105–272; 5 U.S.C. App. 8H note). 

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

17 United States Code, the Inspector General shall report to 

18 the Attorney General any information, allegation, or com19 plaint received by the Inspector General relating to viola20 tions of Federal criminal law that involves a program or 

21 operation of an element of the intelligence community, or 

22 in the relationships between the elements of the intel23 ligence community, consistent with such guidelines as may 

24 be issued by the Attorney General pursuant to subsection 
58 

S 1803 PCS 

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

2 be furnished to the Director. 

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

4 National Intelligence shall, in accordance with procedures 

5 to be issued by the Director in consultation with the con6 gressional intelligence committees, include in the National 

7 Intelligence Program budget a separate account for the 

8 Office of Inspector General of the Intelligence Community. 

9 ‘‘(k) CONSTRUCTION OF DUTIES REGARDING ELE10 MENTS OF INTELLIGENCE COMMUNITY.—Except as re11 solved pursuant to subsection (g), the performance by the 

12 Inspector General of the Intelligence Community of any 

13 duty, responsibility, or function regarding an element of 

14 the intelligence community shall not be construed to mod15 ify or effect the duties and responsibilities of any other 

16 Inspector General, whether statutory or administrative, 

17 having duties and responsibilities relating to such ele18 ment.’’. 

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

20 National Security Act of 1947 is amended by inserting 

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

22 item: 

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

23 (b) REPEAL OF SUPERSEDED AUTHORITY TO ES24 TABLISH POSITION.—Section 8K of the Inspector General 

25 Act of 1978 (5 U.S.C. App.) is repealed. 
59 

S 1803 PCS 

1 (c) EXECUTIVE SCHEDULE LEVEL IV.—Section 

2 5314 of title 5, United States Code, is amended by adding 

3 at the end the following new item: 

4 ‘‘Inspector General of the Intelligence Commu5 nity.’’. 

6 (d) PLACEMENT WITHIN OFFICE OF DIRECTOR OF

7 NATIONAL INTELLIGENCE.—Section 103(c) of the Na8 tional Security Act of 1947 (50 U.S.C. 403–3(c)) is 

9 amended— 

10 (1) by redesignating paragraph (9) as para11 graph (11); and 

12 (2) by inserting after paragraph (8) the fol13 lowing new paragraphs: 

14 ‘‘(9) The Chief Information Officer of the Intel15 ligence Community. 

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

17 the Intelligence Community.’’. 

18 SEC. 409. LEADERSHIP AND LOCATION OF NATIONAL 

19 COUNTER PROLIFERATION CENTER. 

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

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

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

23 the date of the enactment of this Act, the’’ and in24 serting ‘‘(1) The’’; and 
60 

S 1803 PCS 

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

2 paragraphs: 

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

4 Center shall be the Director of the National Counter Pro5 liferation Center, who shall be appointed by the Director 

6 of National Intelligence. 

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

8 be located within the Office of the Director of National 

9 Intelligence.’’. 

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

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

12 408(d) of this Act, is further amended— 

13 (1) by redesignating paragraph (11) as para14 graph (12); and 

15 (2) by inserting after paragraph (10) the fol16 lowing new paragraph (11): 

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

18 Proliferation Center.’’. 

19 SEC. 410. OPERATIONAL FILES IN THE OFFICE OF THE DI20 RECTOR OF NATIONAL INTELLIGENCE. 

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

22 Act of 1947 (50 U.S.C. 431 et seq.) is amended by insert23 ing before section 701 the following new section: 
61 

S 1803 PCS 

1 ‘‘OPERATIONAL FILES IN THE OFFICE OF THE DIRECTOR

2 OF NATIONAL INTELLIGENCE

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

4 FROM SEARCH, REVIEW, PUBLICATION, OR DISCLO5 SURE.—(1) Information and records described in para6 graph (2) shall be exempt from the provisions of section 

7 552 of title 5, United States Code, that require search, 

8 review, publication, or disclosure in connection therewith 

9 when— 

10 ‘‘(A) such information or records are not dis11 seminated outside the Office of the Director of Na12 tional Intelligence; or 

13 ‘‘(B) such information or records are incor14 porated into new information or records created by 

15 personnel of the Office in a manner that identifies 

16 such new information or records as incorporating 

17 such information or records and such new informa18 tion or records are not disseminated outside the Of19 fice. 

20 ‘‘(2) Information and records described in this para21 graph are the following: 

22 ‘‘(A) Information disseminated or otherwise 

23 provided to an element of the Office of the Director 

24 of National Intelligence from the operational files of 

25 an element of the intelligence community that have 
62 

S 1803 PCS 

1 been exempted from search, review, publication, or 

2 disclosure in accordance with this title or any other 

3 provision of law. 

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

5 Office that incorporate information described in sub6 paragraph (A). 

7 ‘‘(3) An operational file of an element of the intel8 ligence community from which information described in 

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

10 of the Director of National Intelligence as described in 

11 that paragraph shall remain exempt from search, review, 

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

13 United States Code, to the extent the operational files 

14 from which such information was derived remain exempt 

15 from search, review, publication, or disclosure under sec16 tion 552 of such title. 

17 ‘‘(b) SEARCH AND REVIEW OF CERTAIN FILES.—In18 formation disseminated or otherwise provided to the Office 

19 of the Director of National Intelligence by another element 

20 of the intelligence community that is not exempt from 

21 search, review, publication, or disclosure under subsection 

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

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

24 552 of title 5, United States Code, but may remain exempt 

25 from publication and disclosure under such section by the 
63 

S 1803 PCS 

1 element disseminating or providing such information to 

2 the Office to the extent authorized by such section. 

3 ‘‘(c) SEARCH AND REVIEW FOR CERTAIN PUR4 POSES.—Notwithstanding subsection (a), exempted oper5 ational files shall continue to be subject to search and re6 view for information concerning any of the following: 

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

8 admitted for permanent residence who have re9 quested information on themselves pursuant to the 

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

11 States Code. 

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

13 is not exempt from disclosure under the provisions 

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

15 ‘‘(3) The specific subject matter of an investiga16 tion by any of the following for any impropriety, or 

17 violation of law, Executive order, or Presidential di18 rective, in the conduct of an intelligence activity: 

19 ‘‘(A) The Select Committee on Intelligence 

20 of the Senate. 

21 ‘‘(B) The Permanent Select Committee on 

22 Intelligence of the House of Representatives. 

23 ‘‘(C) The Intelligence Oversight Board. 

24 ‘‘(D) The Department of Justice. 
64 

S 1803 PCS 

1 ‘‘(E) The Office of the Director of Na2 tional Intelligence.’’. 

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

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

5 before the item relating to section 701 the following new 

6 item: 

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

7 SEC. 411. ELIGIBILITY FOR INCENTIVE AWARDS OF PER8 SONNEL ASSIGNED TO THE OFFICE OF THE 

9 DIRECTOR OF NATIONAL INTELLIGENCE. 

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

11 the Intelligence Authorization Act for Fiscal Year 1984 

12 (50 U.S.C. 403e–1) is amended to read as follows: 

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

14 The Director of National Intelligence may exercise the au15 thority granted in section 4503 of title 5, United States 

16 Code, with respect to Federal employees and members of 

17 the Armed Forces detailed or assigned to the Office of 

18 the Director of National Intelligence in the same manner 

19 as such authority may be exercised with respect to per20 sonnel of the Office. 

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

22 may exercise the authority granted in section 4503 of title 

23 5, United States Code, with respect to Federal employees 

24 and members of the Armed Forces detailed or assigned 
65 

S 1803 PCS 

1 to the Central Intelligence Agency in the same manner as 

2 such authority may be exercised with respect to personnel 

3 of the Agency.’’. 

4 (b) REPEAL OF OBSOLETE AUTHORITY.—That sec5 tion is further amended— 

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

7 (2) by redesignating subsection (d) as sub8 section (c). 

9 (c) CONFORMING AMENDMENTS.—That section is 

10 further amended— 

11 (1) in subsection (b), by striking ‘‘to the Cen12 tral Intelligence Agency or to the Intelligence Com13 munity Staff’’ and inserting ‘‘to the Office of the Di14 rector of National Intelligence or to the Central In15 telligence Agency’’; and 

16 (2) in subsection (c), as redesignated by sub17 section (b)(2) of this section, by striking ‘‘Director 

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

19 National Intelligence or Director of the Central In20 telligence Agency’’. 

21 (d) TECHNICAL AND STYLISTIC AMENDMENTS.— 

22 That section is further amended— 

23 (1) in subsection (b)— 

24 (A) by inserting ‘‘PERSONNEL ELIGIBLE

25 FOR AWARDS.—’’ after ‘‘(b)’’; 
66 

S 1803 PCS 

1 (B) by striking ‘‘subsection (a) of this sec2 tion’’ and inserting ‘‘subsection (a)’’; and 

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

4 the date of enactment of this section’’ and in5 serting ‘‘December 9, 1978’’; and 

6 (2) in subsection (c), as so redesignated, by in7 serting ‘‘PAYMENT AND ACCEPTANCE OF

8 AWARDS.—’’ after ‘‘(c)’’. 

9 SEC. 412. REPEAL OF CERTAIN AUTHORITIES RELATING TO 

10 THE OFFICE OF THE NATIONAL COUNTER11 INTELLIGENCE EXECUTIVE. 

12 (a) REPEAL OF CERTAIN AUTHORITIES.—Section 

13 904 of the Counterintelligence Enhancement Act of 2002 

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

15 amended— 

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

17 (j); and 

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

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

20 respectively. 

21 (b) CONFORMING AMENDMENTS.—That section is 

22 further amended— 

23 (1) in subsection (d), as redesignated by sub24 section (a)(2) of this section, by striking ‘‘subsection 
67 

S 1803 PCS 

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

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

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

4 striking ‘‘subsection (e)(2)’’ and inserting ‘‘sub5 section (d)(2)’’. 

6 SEC. 413. INAPPLICABILITY OF FEDERAL ADVISORY COM7 MITTEE ACT TO ADVISORY COMMITTEES OF 

8 THE OFFICE OF THE DIRECTOR OF NATIONAL 

9 INTELLIGENCE. 

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

11 (5 U.S.C. App.) is amended— 

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

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

14 inserting ‘‘; or’’; and 

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

16 paragraph: 

17 ‘‘(3) the Office of the Director of National In18 telligence.’’. 

19 SEC. 414. MEMBERSHIP OF THE DIRECTOR OF NATIONAL 

20 INTELLIGENCE ON THE TRANSPORTATION 

21 SECURITY OVERSIGHT BOARD. 

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

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

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

25 or the Director’s designee.’’. 
68 

S 1803 PCS 

1 SEC. 415. TEMPORARY INAPPLICABILITY TO THE OFFICE 

2 OF THE DIRECTOR OF NATIONAL INTEL3 LIGENCE OF CERTAIN FINANCIAL REPORT4 ING REQUIREMENTS. 

5 (a) IN GENERAL.—The Director of National Intel6 ligence shall not be required to submit an audited financial 

7 statement under section 3515 of title 31, United States 

8 Code, for the Office of the Director of National Intel9 ligence with respect to fiscal year 2005, 2006, or 2007. 

10 (b) SENSE OF CONGRESS.—It is the sense of Con11 gress that the Director of National Intelligence should 

12 make every effort to comply with the requirements of sec13 tion 3515 of title 31, United States Code, at the earliest 

14 possible date, notwithstanding the exemption in subsection 

15 (a). 

16 SEC. 416. APPLICABILITY OF THE PRIVACY ACT TO THE DI17 RECTOR OF NATIONAL INTELLIGENCE AND 

18 THE OFFICE OF THE DIRECTOR OF NATIONAL 

19 INTELLIGENCE. 

20 (a) AUTHORITY TO EXEMPT.—The Director of Na21 tional Intelligence may prescribe regulations to exempt 

22 any system of records within the Office of the Director 

23 of National Intelligence from the applicability of the provi24 sions of subsections (c)(3), (c)(4), and (d) of section 552a 

25 of title 5, United States Code. 
69 

S 1803 PCS 

1 (b) PROMULGATION REQUIREMENTS.—In prescribing 

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

3 comply with the requirements (including general notice re4 quirements) of subsections (b), (c), and (e) of section 553 

5 of title 5, United States Code. 

6 SEC. 417. TEMPORARY EXEMPTION FROM PERSONNEL LIM7 ITS OF CERTAIN OFFICE OF DIRECTOR OF 

8 NATIONAL INTELLIGENCE PERSONNEL AS9 SIGNED TO THE NATIONAL 

10 COUNTERTERRORISM CENTER. 

11 (a) EXEMPTION.—Any personnel position in the Of12 fice of the Director of National Intelligence that is held 

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

14 Intelligence who is assigned on a full-time basis to the Na15 tional Counterterrorism Center shall not be counted 

16 against any limitation applicable to new personnel posi17 tions within the Office of the Director of National Intel18 ligence under section 1096 of the National Security Intel19 ligence Reform Act of 2004 (title I of Public Law 108– 

20 458; 118 Stat. 3698; 50 U.S.C. 401 note). 

21 (b) APPLICABILITY.—Subsection (a) shall apply dur22 ing fiscal years 2005 and 2006. 
70 

S 1803 PCS 

1 Subtitle B—Central Intelligence 

2 Agency 

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

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

7 section 104A of the National Security Act of 1947 (50 

8 U.S.C. 403–4a(a)) is amended by inserting ‘‘from civilian 

9 life’’ after ‘‘who shall be appointed’’. 

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

12 section is further amended— 

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

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

15 and (h), respectively; and 

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

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

20 Central Intelligence Agency who shall be appointed from 

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

22 consent of the Senate. 

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

24 Agency shall assist the Director of the Central Intelligence 
71 

S 1803 PCS 

1 Agency in carrying out the duties and responsibilities of 

2 the Director. 

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

4 Agency shall act for, and exercise the powers of, the Direc5 tor of the Central Intelligence Agency during the absence 

6 or disability of the Director of the Central Intelligence 

7 Agency or during a vacancy in the position of Director 

8 of the Central Intelligence Agency.’’. 

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

10 subsection (d) of such section, as redesignated by sub11 section (b)(1) of this section, is further amended by strik12 ing ‘‘subsection (d)’’ and inserting ‘‘subsection (e)’’. 

13 (d) EXECUTIVE SCHEDULE LEVEL III.—Section 

14 5314 of title 5, United States Code, is amended by adding 

15 at the end the following new item: 

16 ‘‘Deputy Director of the Central Intelligence 

17 Agency.’’. 

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

19 106(a)(2) of the National Security Act of 1947 (50 U.S.C. 

20 403–6) is amended by adding at the end the following new 

21 subparagraph: 

22 ‘‘(C) The Deputy Director of the Central Intel23 ligence Agency.’’. 

24 (f) MILITARY STATUS OF INDIVIDUAL ADMINISTRA25 TIVELY PERFORMING DUTIES OF DEPUTY DIRECTOR OF
72 

S 1803 PCS 

1 CENTRAL INTELLIGENCE AGENCY.—(1) The commis2 sioned officer of the Armed Forces who is engaged in ad3 ministrative performance of the duties of Deputy Director 

4 of the Central Intelligence Agency as of the date of the 

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

6 administrative performance of such duties after that 

7 date— 

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

9 Secretary of Defense or by any officer or employee 

10 of the Department of Defense; or 

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

12 a commissioned officer, any supervision or control 

13 with respect to any of the military or civilian per14 sonnel of the Department of Defense except as oth15 erwise authorized by law. 

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

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

18 described in that paragraph by the officer described in 

19 that paragraph shall not affect the status, position, rank, 

20 or grade of the officer in the Armed Forces, or any emolu21 ment, perquisite, right, privilege, or benefit incident to or 

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

23 (3) The commissioned officer described in paragraph 

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

25 duties as described in that paragraph and while remaining 
73 

S 1803 PCS 

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

2 allowances. Funds from which such pay and allowances 

3 are paid shall be reimbursed from funds available to the 

4 Director of the Central Intelligence Agency. 

5 (g) EFFECTIVE DATE AND APPLICABILITY.—The 

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

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

8 shall apply upon the earlier of— 

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

10 of an individual to serve as Deputy Director of the 

11 Central Intelligence Agency, except that the indi12 vidual administratively performing the duties of the 

13 Deputy Director of the Central Intelligence Agency 

14 as of the date of the enactment of this Act may con15 tinue to perform such duties after such date of nom16 ination and until the individual appointed to the po17 sition of Deputy Director of the Central Intelligence 

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

19 Senate, assumes the duties of such position; or 

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

21 of the duties of Deputy Director of the Central In22 telligence Agency by the individual administratively 

23 performing such duties as of the date of the enact24 ment of this Act. 
74 

S 1803 PCS 

1 SEC. 422. ENHANCED PROTECTION OF CENTRAL INTEL2 LIGENCE AGENCY INTELLIGENCE SOURCES 

3 AND METHODS FROM UNAUTHORIZED DIS4 CLOSURE. 

5 (a) RESPONSIBILITY OF DIRECTOR OF CENTRAL IN6 TELLIGENCE AGENCY UNDER NATIONAL SECURITY ACT

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

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

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

10 421(b)(1) of this Act, is further amended— 

11 (1) in paragraph (2) (3), by striking ‘‘and’’ at 

12 the end; 

13 (2) by redesignating paragraph (3) (4) as para14 graph (4) (5); and 

15 (3) by inserting after paragraph (2) (3) the fol16 lowing new paragraph (3) (4): 

17 ‘‘(3) (4) protect intelligence sources and meth18 ods of the Central Intelligence Agency from unau19 thorized disclosure, consistent with any direction 

20 issued by the President or the Director of National 

21 Intelligence; and’’. 

22 (b) PROTECTION UNDER CENTRAL INTELLIGENCE

23 AGENCY ACT OF 1949.—Section 6 of the Central Intel24 ligence Agency Act of 1949 (50 U.S.C. 403g) is amended 

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

26 ‘‘unauthorized disclosure’’ and inserting ‘‘sections 102A(i) 
75 

S 1803 PCS 

1 and 104A(e)(3) 104A(e)(4) of the National Security Act 

2 of 1947 (50 U.S.C. 403–1(i), 403–4a(e)(3)) 403– 

3 4a(e)(4))’’. 

4 (c) CONSTRUCTION WITH EXEMPTION FROM RE5 QUIREMENT FOR DISCLOSURE OF INFORMATION TO PUB6 LIC.—Section 104A(e)(3) 104A(e)(4) of the National Se7 curity Act of 1947, as amended by subsection (a), and 

8 section 6 of the Central Intelligence Agency Act of 1949, 

9 as amended by subsection (b), shall be treated as statutes 

10 that specifically exempt from disclosure the matters speci11 fied in such sections for purposes of section 552(b)(3) of 

12 title 5, United States Code. 

13 SEC. 423. ADDITIONAL EXCEPTION TO FOREIGN LANGUAGE 

14 PROFICIENCY REQUIREMENT FOR CERTAIN 

15 SENIOR LEVEL POSITIONS IN THE CENTRAL 

16 INTELLIGENCE AGENCY. 

17 (a) ADDITIONAL EXCEPTION.—Subsection (h) of sec18 tion 104A of the National Security Act of 1947 (50 U.S.C. 

19 403–4a), as redesignated by section 421(b)(1) of this Act, 

20 is further amended— 

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

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

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

24 category of positions’’ each place it appears and in-
76 

S 1803 PCS 

1 serting ‘‘individual, individuals, position, or category 

2 of positions’’; and 

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

4 paragraph: 

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

6 in the Directorate of Intelligence or the Directorate of Op7 erations of the Central Intelligence Agency who is serving 

8 in a Senior Intelligence Service position as of December 

9 23, 2004, regardless of whether such individual is a mem10 ber of the Senior Intelligence Service.’’. 

11 (b) REPORT ON WAIVERS.—Section 611(c) of the In12 telligence Authorization Act for Fiscal Year 2005 (Public 

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

14 (1) in the first sentence— 

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

16 ‘‘positions’’; and 

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

18 National Security Act of 1947, as added by 

19 subsection (a)’’ and inserting ‘‘section 104A(h) 

20 of the National Security Act of 1947, as added 

21 by subsection (a) and redesignated by section 

22 421(b)(1) of the Intelligence Authorization Act 

23 for Fiscal Year 2006’’; and 

24 (2) in the second sentence— 
77 

S 1803 PCS 

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

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

3 so added and redesignated’’; and 

4 (B) by striking ‘‘position or category of po5 sitions’’ and inserting ‘‘individual, individuals, 

6 position, or category of positions’’. 

7 SEC. 424. EXCLUSION OF THE CENTRAL INTELLIGENCE 

8 AGENCY FROM ANNUAL REPORT ON IM9 PROVEMENT OF FINANCIAL STATEMENTS 

10 FOR AUDITING PURPOSES. 

11 Section 114A of the National Security Act of 1947 

12 (50 U.S.C. 404i–1) is amended by striking ‘‘the Director 

13 of the Central Intelligence Agency,’’. 

14 SEC. 425. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR 

15 PROTECTIVE PERSONNEL OF THE CENTRAL 

16 INTELLIGENCE AGENCY. 

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

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

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

20 (2) in subparagraph (A), as so designated— 

21 (A) by striking ‘‘and the protection’’ and 

22 inserting ‘‘the protection’’; and 

23 (B) by striking the semicolon and inserting 

24 ‘‘, and the protection of the Director of Na25 tional Intelligence and such personnel of the Of-
78 

S 1803 PCS 

1 fice of the Director of National Intelligence as 

2 the Director of National Intelligence may des3 ignate; and’’; and 

4 (2) by adding at the end the following new sub5 paragraph: 

6 ‘‘(B) Authorize personnel engaged in the per7 formance of protective functions authorized pursuant 

8 to subparagraph (A), when engaged in the perform9 ance of such functions, to make arrests without war10 rant for any offense against the United States com11 mitted in the presence of such personnel, or for any 

12 felony cognizable under the laws of the United 

13 States, if such personnel have reasonable grounds to 

14 believe that the person to be arrested has committed 

15 or is committing such felony, except that any au16 thority pursuant to this subparagraph may be exer17 cised only in accordance with guidelines approved by 

18 the Director and the Attorney General and such per19 sonnel may not exercise any authority for the service 

20 of civil process or for the investigation of criminal 

21 offenses;’’. 
79 

S 1803 PCS 

1 SEC. 426. MODIFICATION OF EXCLUSION OF MILITARY OF2 FICER SERVING AS ASSOCIATE DIRECTOR OF 

3 THE CENTRAL INTELLIGENCE AGENCY FOR 

4 MILITARY SUPPORT FROM OFFICER 

5 STRENGTH AND DISTRIBUTION-IN-GRADE 

6 LIMITATIONS. 

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

8 States Code, is amended to read as follows: 

9 ‘‘§ 528. Exclusion: officer serving as Associate Direc10 tor of the Central Intelligence Agency for 

11 Military Support 

12 ‘‘An officer of the armed forces assigned to the posi13 tion of Associate Director of the Central Intelligence 

14 Agency for Military Support, while serving in that posi15 tion, shall not be counted against the numbers and per16 centages of the grade of that officer authorized for that 

17 officer’s armed force.’’. 

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

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

20 by striking the item relating to section 528 and inserting 

21 the following new item: 

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

Agency for Military Support.’’. 
80 

S 1803 PCS 

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 
81 

S 1803 PCS 

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 
82 

S 1803 PCS 

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. 
83 

S 1803 PCS 

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’’. 
84 

S 1803 PCS 

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 
85 

S 1803 PCS 

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 
86 

S 1803 PCS 

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. 
87 

S 1803 PCS 

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. 
88 

S 1803 PCS 

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. 
89 

S 1803 PCS 

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 
90 

S 1803 PCS 

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. 
91 

S 1803 PCS 

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-
92 

S 1803 PCS 

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. 
93 

S 1803 PCS 

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 (a) PROTECTION OF OPERATIONAL FILES OF DEFENSE

9 INTELLIGENCE AGENCY.—(1) Title VII of the National Se10 curity Act of 1947 (50 U.S.C. 431 et. seq.) is amended by 

11 adding at the end the following new section: 

12 ‘‘OPERATIONAL FILES OF THE DEFENSE INTELLIGENCE

13 AGENCY

14 ‘‘SEC. 705. (a) EXEMPTION OF OPERATIONAL FILES.— 

15 The Director of the Defense Intelligence Agency, in coordi16 nation with the Director of National Intelligence, may ex17 empt operational files of the Defense Intelligence Agency 

18 from the provisions of section 552 of title 5, United States 

19 Code, which require publication, disclosure, search, or re20 view in connection therewith. 

21 ‘‘(b) OPERATIONAL FILES DEFINED.—(1) In this sec22 tion, the term ‘operational files’ means— 

23 ‘‘(A) files of the Directorate of Human Intel24 ligence of the Defense Intelligence Agency (and any 

25 successor organization of that directorate) that docu-
94 

S 1803 PCS 

1 ment the conduct of foreign intelligence or counter2 intelligence operations or intelligence or security liai3 son arrangements or information exchanges with for4 eign governments or their intelligence or security 

5 services; and 

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

7 Defense Intelligence Agency (and any successor orga8 nization of that directorate) that document the means 

9 by which foreign intelligence or counterintelligence is 

10 collected through technical systems. 

11 ‘‘(2) Files that are the sole repository of disseminated 

12 intelligence are not operational files. 

13 ‘‘(c) SEARCH AND REVIEW FOR INFORMATION.—Not14 withstanding subsection (a), exempted operational files 

15 shall continue to be subject to search and review for infor16 mation concerning: 

17 ‘‘(1) United States citizens or aliens lawfully ad18 mitted for permanent residence who have requested 

19 information on themselves pursuant to the provisions 

20 of section 552 or 552a of title 5, United States Code. 

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

22 is not exempt from disclosure under the provisions of 

23 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 
95 

S 1803 PCS 

1 violation of law, Executive Order, or Presidential di2 rective, in the conduct of an intelligence activity: 

3 ‘‘(A) The Committee on Armed Services and 

4 the Permanent Select Committee on Intelligence 

5 of the House of Representatives. 

6 ‘‘(B) The Committee on Armed Services and 

7 the Select Committee on Intelligence of the Sen8 ate. 

9 ‘‘(C) The Intelligence Oversight Board. 

10 ‘‘(D) The Department of Justice. 

11 ‘‘(E) The Office of General Counsel of the 

12 Department of Defense or of the Defense Intel13 ligence Agency. 

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

15 Department of Defense or of the Defense Intel16 ligence Agency. 

17 ‘‘(G) The Office of the Director of the De18 fense Intelligence Agency. 

19 ‘‘(d) INFORMATION DERIVED OR DISSEMINATED FROM

20 EXEMPTED OPERATIONAL FILES.—(1) Files that are not 

21 exempted under subsection (a) and contain information de22 rived or disseminated from exempted operational files shall 

23 be subject to search and review. 

24 ‘‘(2) The inclusion of information from exempted oper25 ational files in files that are not exempted under subsection 
96 

S 1803 PCS 

1 (a) shall not affect the exemption under subsection (a) of 

2 the originating operational files from search, review, publi3 cation, or disclosure. 

4 ‘‘(3) The declassification of some of the information 

5 contained in exempted operational files shall not affect the 

6 status of the operational file as being exempt from search, 

7 review, publication, or disclosure. 

8 ‘‘(4) Records from exempted operational files that have 

9 been disseminated to and referenced in files that are not 

10 exempted under subsection (a) and that have been returned 

11 to exempted operational files for sole retention shall be sub12 ject to search and review. 

13 ‘‘(e) ALLEGATION; IMPROPER WITHHOLDING OF

14 RECORDS; JUDICIAL REVIEW.—(1) Except as provided in 

15 paragraph (2), whenever any person who has requested 

16 agency records under section 552 of title 5, alleges that the 

17 Defense Intelligence Agency has withheld records improp18 erly because of failure to comply with any provision of this 

19 section, judicial review shall be available under the terms 

20 set forth in section 552(a)(4)(B) of title 5, United States 

21 Code. 

22 ‘‘(2) Judicial review shall be available in the manner 

23 provided under paragraph (1) as follows: 

24 ‘‘(A) In any case in which information specifi25 cally authorized under criteria established by an Ex-
97 

S 1803 PCS 

1 ecutive order to be kept secret in the interest of na2 tional defense or foreign relations which is filed with, 

3 or produced for, the court by the Defense Intelligence 

4 Agency, such information shall be examined ex parte, 

5 in camera by the court. 

6 ‘‘(B) The court shall determine, to the fullest ex7 tent practicable, issues of fact based on sworn written 

8 submissions of the parties. 

9 ‘‘(C) When a complainant alleges that requested 

10 records were improperly withheld because of improper 

11 placement solely in exempted operational files, the 

12 complainant shall support such allegation with a 

13 sworn written submission based upon personal knowl14 edge or otherwise admissible evidence. 

15 ‘‘(D)(i) When a complainant alleges that re16 quested records were improperly withheld because of 

17 improper exemption of operational files, the Defense 

18 Intelligence Agency shall meet its burden under sec19 tion 552(a)(4)(B) of title 5, United States Code, by 

20 demonstrating to the court by sworn written submis21 sion that exempted operational files likely to contain 

22 responsible records currently perform the functions set 

23 forth in subsection (b). 

24 ‘‘(ii) The court may not order the Defense Intel25 ligence Agency to review the content of any exempted 
98 

S 1803 PCS 

1 operational file or files in order to make the dem2 onstration required under clause (i), unless the com3 plainant disputes the Defense Intelligence Agency’s 

4 showing with a sworn written submission based on 

5 personal knowledge or otherwise admissible evidence. 

6 ‘‘(E) In proceedings under subparagraphs (C) 

7 and (D), the parties shall not obtain discovery pursu8 ant to rules 26 through 36 of the Federal Rules of 

9 Civil Procedure, except that requests for admission 

10 may be made pursuant to rules 26 and 36. 

11 ‘‘(F) If the court finds under this subsection that 

12 the Defense Intelligence Agency has improperly with13 held requested records because of failure to comply 

14 with any provision of this subsection, the court shall 

15 order the Defense Intelligence Agency to search and 

16 review the appropriate exempted operational file or 

17 files for the requested records and make such records, 

18 or portions thereof, available in accordance with the 

19 provisions of section 552 of title 5, United States 

20 Code, and such order shall be the exclusive remedy for 

21 failure to comply with this section (other than sub22 section (f)). 

23 ‘‘(G) If at any time following the filing of a com24 plaint pursuant to this paragraph the Defense Intel25 ligence Agency agrees to search the appropriate ex-
99 

S 1803 PCS 

1 empted operational file or files for the requested 

2 records, the court shall dismiss the claim based upon 

3 such complaint; and 

4 ‘‘(H) Any information filed with, or produced 

5 for the court pursuant to subparagraphs (A) and (D) 

6 shall be coordinated with the Director of National In7 telligence before submission to the court. 

8 ‘‘(f) DECENNIAL REVIEW OF EXEMPTED OPERATIONAL

9 FILES.—(1) Not less than once every 10 years, the Director 

10 of the Defense Intelligence Agency and the Director of Na11 tional Intelligence shall review the exemptions in force 

12 under subsection (a) to determine whether such exemptions 

13 may be removed from a category of exempted files or any 

14 portion thereof. The Director of National Intelligence must 

15 approve any determinations to remove such exemptions. 

16 ‘‘(2) The review required by paragraph (1) shall in17 clude consideration of the historical value or other public 

18 interest in the subject matter of the particular category of 

19 files or portions thereof and the potential for declassifying 

20 a significant part of the information contained therein. 

21 ‘‘(3) A complainant that alleges that the Defense Intel22 ligence Agency has improperly withheld records because of 

23 failure to comply with this subsection may seek judicial re24 view in the district court of the United States of the district 

25 in which any of the parties reside, or in the District of 
100 

S 1803 PCS 

1 Columbia. In such a proceeding, the court’s review shall be 

2 limited to determining the following: 

3 ‘‘(A) Whether the Defense Intelligence Agency has 

4 conducted the review required by paragraph (1) before 

5 the expiration of the 10-year period beginning on the 

6 date of the enactment of this section or before the ex7 piration of the 10-year period beginning on the date 

8 of the most recent review. 

9 ‘‘(B) Whether the Defense Intelligence Agency, in 

10 fact, considered the criteria set forth in paragraph (2) 

11 in conducting the required review.’’. 

12 (2) The table of contents for that Act is amended by 

13 inserting after the item relating to section 704 the following 

14 new item: 

‘‘Sec. 705. Operational files of the Defense Intelligence Agency.’’. 

15 (b) SEARCH AND REVIEW OF CERTAIN OTHER OPER16 ATIONAL FILES.—The National Security Act of 1947 is fur17 ther amended— 

18 (1) in section 702(a)(3)(C) (50 U.S.C. 

19 432(a)(3)(C)), by adding the following new clause: 

20 ‘‘(vi) The Office of the Inspector General of 

21 the National Geospatial-Intelligence Agency.’’; 

22 (2) in section 703(a)(3)(C) (50 U.S.C. 

23 432a(a)(3)(C)), by adding at the end the following 

24 new clause: 
101 

S 1803 PCS 

1 ‘‘(vii) The Office of the Inspector General of 

2 the NRO.’’; and 

3 (3) in section 704(c)(3) (50 U.S.C. 432b(c)(3)), 

4 by adding at the end the following subparagraph: 

5 ‘‘(H) The Office of the Inspector General of 

6 the National Security Agency.’’. 

7 SEC. 435. INSPECTOR GENERAL MATTERS. 

8 (a) COVERAGE UNDER INSPECTOR GENERAL ACT OF

9 1978.—Subsection (a)(2) of section 8G of the Inspector 

10 General Act of 1978 (5 U.S.C. App. 8G) is amended— 

11 (1) by inserting ‘‘the Defense Intelligence Agen12 cy,’’ after ‘‘the Corporation for Public Broad13 casting,’’; 

14 (2) by inserting ‘‘the National Geospatial-Intel15 ligence Agency,’’ after ‘‘the National Endowment for 

16 the Arts,’’; and 

17 (3) by inserting ‘‘the National Reconnaissance 

18 Office, the National Security Agency,’’ after ‘‘the 

19 National Labor Relations Board,’’. 

20 (b) CERTAIN DESIGNATIONS UNDER INSPECTOR

21 GENERAL ACT OF 1978.—Subsection (a) of section 8H 

22 of the Inspector General Act of 1978 (5 U.S.C. App. 8H) 

23 is amended by adding at the end the following new para24 graph: 
102 

S 1803 PCS 

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 
103 

S 1803 PCS 

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. 
104 

S 1803 PCS 

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.’’. 
105 

S 1803 PCS 

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) POSITIONS OF IMPORTANCE AND RESPONSI16 BILITY.— 

17 (1) DESIGNATION OF POSITIONS.—The President 

18 may designate any of the positions referred to in 

19 paragraph (2) as positions of importance and respon20 sibility under section 601 of title 10, United States 

21 Code. 

22 (2) COVERED POSITIONS.—The positions referred 

23 to in this paragraph are as follows: 

24 (A) The Director of the National Security 

25 Agency. 
106 

S 1803 PCS 

1 (B) The Director of the National 

2 Geospatial-Intelligence Agency. 

3 (C) The Director of the National Reconnais4 sance Office. 

5 (d) (e) EFFECTIVE DATE AND APPLICABILITY.—(1) 

6 The amendments made by subsections (a) and (b), and 

7 subsection (c), shall take effect on the date of the enact8 ment of this Act and shall apply upon the earlier of— 

9 (1) (A) the date of the nomination by the Presi10 dent of an individual to serve in the position con11 cerned, except that the individual serving in such po12 sition as of the date of the enactment of this Act 

13 may continue to perform such duties after such date 

14 of nomination and until the individual appointed to 

15 such position, by and with the advice and consent of 

16 the Senate, assumes the duties of such position; or 

17 (2) (B) the date of the cessation of the perform18 ance of the duties of such position by the individual 

19 performing such duties as of the date of the enact20 ment of this Act. 

21 (2) Subsection (d) shall take effect on the date of the 

22 enactment of this Act. 
107 

S 1803 PCS 

1 SEC. 437. SECURITY CLEARANCES IN THE NATIONAL 

2 GEOSPATIAL-INTELLIGENCE AGENCY. 

3 (a) IN GENERAL.—Subject to subsection (b), the Di4 rector of National Intelligence or the Secretary of Defense, 

5 or the Director of the National Geospatial-Intelligence 

6 Agency upon the delegation of either such official, may 

7 utilize with respect to the personnel of the National 

8 Geospatial-Intelligence Agency any security clearance au9 thority (including any authority relating to the use of con10 tractor personnel in investigations or adjudications for se11 curity clearances) that is available to the Director of Na12 tional Intelligence, the Secretary of Defense, or the Direc13 tor of the National Security Agency with respect to the 

14 personnel of the National Security Agency. 

15 (b) EXPIRATION.—Subsection (a) shall cease to have 

16 effect on December 31, 2007. 

17 SEC. 438. SENSE OF CONGRESS ON FUNDING OF THE 

18 COBRA JUDY REPLACEMENT PROGRAM. 

19 (a) FINDINGS.—Congress makes the following findings: 

20 (1) The COBRA JUDY Replacement will replace 

21 the United States Naval Ship (USNS) Observation 

22 Island which is due to leave service in 2012. 

23 (2) The USNS Observation Island and the 

24 COBRA JUDY Replacement satisfy vital intelligence 

25 requirements necessary for the acquisition of defensive 
108 

S 1803 PCS 

1 systems designed to defend the Nation from ballistic 

2 missile attack. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress— 

5 (1) to strongly support the development and in6 tegration of the solid-state phased array radar tech7 nology and ship in the COBRA JUDY Replacement 

8 as a wise investment in intelligence collection which 

9 monitors foreign threats and to support the acquisi10 tion of ballistic missile defensive systems; and 

11 (2) that the Secretary of Defense and the Direc12 tor of National Intelligence should continue, in forth13 coming future-years defense programs under section 

14 221 of title 10, United States Code, to provide for 

15 funding of the COBRA JUDY Replacement program 

16 in order to support the national defense requirements 

17 of the United States. 

18 Subtitle D—Other Elements 

19 SEC. 441. DEPARTMENT OF JUSTICE INTELLIGENCE MAT20 TERS. 

21 (a) ASSISTANT ATTORNEY GENERAL FOR NATIONAL

22 SECURITY.— 

23 (1) IN GENERAL.—Chapter 31 of title 28, 

24 United States Code, is amended by inserting after 

25 section 507 the following new section: 
109 

S 1803 PCS 

1 ‘‘§ 507A. Assistant Attorney General for National Se2 curity 

3 ‘‘(a) Of the Assistant Attorneys General appointed 

4 under section 506, one shall serve, upon the designation 

5 of the President, as the Assistant Attorney General for 

6 National Security. 

7 ‘‘(b) The Assistant Attorney General for National Se8 curity shall— 

9 ‘‘(1) serve as the head of the National Security 

10 Division of the Department of Justice under section 

11 509A of this title; 

12 ‘‘(2) serve as primary liaison to the Director of 

13 National Intelligence for the Department of Justice; 

14 ‘‘(3) perform such other duties as the Attorney 

15 General may prescribe; and 

16 ‘‘(4) perform such other duties and functions as 

17 the Director of National Intelligence may prescribe, 

18 except that the Director shall have no authority 

19 through the Assistant Attorney General to perform 

20 any police, subpoena, law enforcement, or prosecu21 tion powers or internal security functions not other22 wise authorized by law.’’. 

23 (2) ADDITIONAL ASSISTANT ATTORNEY GEN24 ERAL.—Section 506 of title 28, United States Code, 

25 is amended by striking ‘‘ten’’ and inserting ‘‘11’’. 
110 

S 1803 PCS 

1 (3) EXECUTIVE SCHEDULE MATTERS.—Section 

2 5315 of title 5, United States Code, is amended by 

3 striking the matter relating to Assistant Attorneys 

4 General and inserting the following: 

5 ‘‘Assistant Attorneys General (11).’’. 

6 (4) CONCURRENCE OF DIRECTOR OF NATIONAL

7 INTELLIGENCE IN APPOINTMENT.—Section 

8 106(b)(2) of the National Security Act of 1947 (50 

9 U.S.C. 403–6(b)(2)) is amended by adding at the 

10 end the following new subparagraph: 

11 ‘‘(J) The Assistant Attorney General designated 

12 as the Assistant Attorney General for National Se13 curity under section 507A of title 28, United States 

14 Code.’’. 

15 (5) AUTHORITY TO ACT FOR ATTORNEY GEN16 ERAL UNDER FOREIGN INTELLIGENCE SURVEIL17 LANCE ACT OF 1978.—Section 101(g) of the For18 eign Intelligence Surveillance Act of 1978 (50 

19 U.S.C. 1801(g)) is amended by striking ‘‘or the 

20 Deputy Attorney General’’ and inserting ‘‘, the Dep21 uty Attorney General, or, upon the designation of 

22 the Attorney General, the Assistant Attorney Gen23 eral designated as the Assistant Attorney General 

24 for National Security under section 507A of title 28, 

25 United States Code’’. 
111 

S 1803 PCS 

1 (b) NATIONAL SECURITY DIVISION OF DEPARTMENT

2 OF JUSTICE.—Chapter 31 of title 28, United States Code, 

3 is further amended by inserting after section 509 the fol4 lowing new section: 

5 ‘‘§ 509A. National Security Division 

6 ‘‘(a) There is a National Security Division of the De7 partment of Justice. 

8 ‘‘(b) The National Security Division shall consist of 

9 the elements of the Department of Justice (other than the 

10 Federal Bureau of Investigation) engaged primarily in 

11 support of the intelligence and intelligence-related activi12 ties of the United States Government, including the fol13 lowing: 

14 ‘‘(1) The Assistant Attorney General designated 

15 as the Assistant Attorney General for National Se16 curity under section 507A of this title. 

17 ‘‘(2) The Office of Intelligence Policy and Re18 view (or any successor organization). 

19 ‘‘(3) The counterterrorism section (or any suc20 cessor organization). 

21 ‘‘(4) The counterespionage section (or any suc22 cessor organization). 

23 ‘‘(5) Any other element, component, or office 

24 jointly designated by the Attorney General and the 

25 Director of National Intelligence.’’. 
112 

S 1803 PCS 

1 (c) CLERICAL AMENDMENTS.—The table of sections 

2 at the beginning of chapter 31 of title 28, United States 

3 Code, is amended— 

4 (1) by inserting after the item relating to sec5 tion 507 the following new item: 

‘‘507A. Assistant Attorney General for National Security.’’. 

6 and 

7 (2) by inserting after the item relating to sec8 tion 509 the following new item: 

‘‘509A. National Security Division.’’. 

9 (d) INCLUSION IN INTELLIGENCE COMMUNITY OF

10 ELEMENTS OF DEPARTMENT OF JUSTICE.—Section 3(4) 

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

12 is amended— 

13 (1) by redesignating subparagraph (L), as 

14 amended by section 303 of this Act, as subpara15 graph (M): and 

16 (2) by inserting after subparagraph (K) the fol17 lowing new subparagraph (L): 

18 ‘‘(L) The National Security Division of the De19 partment of Justice, except those components or 

20 portions charged with the investigation or prosecu21 tion of the offense of domestic terrorism.’’. 

22 (e) FUNDING FOR ASSISTANT ATTORNEY GENERAL

23 AND NATIONAL SECURITY DIVISION.—(1) The President 

24 shall, from funds available for the National Intelligence 
113 

S 1803 PCS 

1 Program, make available to the Assistant Attorney Gen2 eral designated as the Assistant Attorney General for Na3 tional Security under section 507A of title 28, United 

4 States Code (as added by subsection (a)), and to the Na5 tional Security Division of the Department of Justice 

6 under section 509A of title 28, United States Code (as 

7 added by subsection (b)), such funds as shall be required 

8 for the performance of their duties, activities, and oper9 ations. 

10 (2) It is the sense of Congress that the amount of 

11 funds made available under paragraph (1), and the budg12 ets of the Assistant Attorney General and the National 

13 Security Division of the Department of Justice, should, 

14 to the maximum extent practicable, be unclassified. 

15 (f) PROCEDURES FOR CONFIRMATION OF THE AS16 SISTANT ATTORNEY GENERAL FOR NATIONAL SECU17 RITY.—(1) Section 17 of Senate Resolution 400 (94th 

18 Congress) is amended— 

19 (A) in subsection (a), by striking ‘‘(a) The’’ and 

20 inserting ‘‘(a)(1) Except as otherwise provided in 

21 subsection (b), the’’; 

22 (B) in subsection (b), by striking ‘‘(b)’’ and in23 serting ‘‘(2)’’; and 

24 (C) by inserting after subsection (a) the fol25 lowing new subsection: 
114 

S 1803 PCS 

1 ‘‘(b)(1) With respect to the confirmation of the As2 sistant Attorney General for National Security, or any 

3 successor position serving as the head of an element of 

4 the intelligence community within the Department of Jus5 tice, the nomination of any individual by the President to 

6 serve in such position shall be referred to the Committee 

7 on the Judiciary and, if and when reported, to the select 

8 Committee for not to exceed 20 calendar days, except that 

9 in cases when the 20-day period expires while the Senate 

10 is in recess, the select Committee shall have 5 additional 

11 calendar days after the Senate reconvenes to report the 

12 nomination. 

13 ‘‘(2) If, upon the expiration of the period described 

14 in paragraph (1), the select Committee has not reported 

15 the nomination, such nomination shall be automatically 

16 discharged from the select Committee and placed on the 

17 Executive Calendar.’’. 

18 (2) Paragraph (1) is enacted— 

19 (A) as an exercise of the rulemaking power of 

20 the Senate; and 

21 (B) with full recognition of the constitutional 

22 right of the Senate to change the rules of the Senate 

23 at any time and to the same extent as in the case 

24 of any other rule of the Senate. 
115 

S 1803 PCS 

1 SEC. 442. FOREIGN LANGUAGE INCENTIVE FOR CERTAIN 

2 NON-SPECIAL AGENT EMPLOYEES OF THE 

3 FEDERAL BUREAU OF INVESTIGATION. 

4 (a) AUTHORITY TO PAY INCENTIVE.—The Director 

5 of the Federal Bureau of Investigation may pay a cash 

6 award authorized by section 4523 of title 5, United States 

7 Code, in accordance with the provisions of such section, 

8 to any employee of the Federal Bureau of Investigation 

9 described in subsection (b) as if such employee were a law 

10 enforcement officer as specified in such section. 

11 (b) COVERED EMPLOYEES.—An employee of the 

12 Federal Bureau of Investigation described in this sub13 section is any employee of the Federal Bureau of Inves14 tigation— 

15 (1) who uses foreign language skills in support 

16 of the analyses, investigations, or operations of the 

17 Bureau to protect against international terrorism or 

18 clandestine intelligence activities (or maintains for19 eign language skills for purposes of such support); 

20 and 

21 (2) whom the Director of the Federal Bureau 

22 of Investigation, subject to the joint guidance of the 

23 Attorney General and the Director of National Intel24 ligence, may designate for purposes of this section. 
116 

S 1803 PCS 

1 SEC. 443. AUTHORITY TO SECURE SERVICES BY CONTRACT 

2 FOR THE BUREAU OF INTELLIGENCE AND RE3 SEARCH OF THE DEPARTMENT OF STATE. 

4 Title I of the State Department Basic Authorities Act 

5 of 1956 (22 U.S.C. 2651a et seq.) is amended by inserting 

6 after section 23 the following new section: 

7 ‘‘SERVICES BY CONTRACT FOR BUREAU OF

8 INTELLIGENCE AND RESEARCH

9 ‘‘SEC. 23A. (a) AUTHORITY TO ENTER INTO CON10 TRACTS.—The Secretary may enter into contracts with in11 dividuals or organizations for the provision of services in 

12 support of the mission of the Bureau of Intelligence and 

13 Research of the Department of State if the Secretary de14 termines that— 

15 ‘‘(1) the services to be procured are urgent or 

16 unique; and 

17 ‘‘(2) it would not be practicable for the Depart18 ment to obtain such services by other means. 

19 ‘‘(b) TREATMENT AS EMPLOYEES OF THE UNITED

20 STATES GOVERNMENT.—(1) Individuals employed under 

21 a contract pursuant to the authority in subsection (a) shall 

22 not, by virtue of the performance of services under such 

23 contract, be considered employees of the United States 

24 Government for purposes of any law administered by the 

25 Office of Personnel Management. 
117 

S 1803 PCS 

1 ‘‘(2) The Secretary may provide for the applicability 

2 to individuals described in paragraph (1) of any law ad3 ministered by the Secretary concerning the employment 

4 of such individuals.’’. 

5 SEC. 444. CLARIFICATION OF INCLUSION OF COAST GUARD 

6 ELEMENT IN THE INTELLIGENCE COMMU7 NITY. 

8 Section 3(4) of the National Security Act of 1947 (50 

9 U.S.C. 401a(4)) is amended— 

10 (1) in subparagraph (H), by inserting ‘‘the 

11 Coast Guard,’’ after ‘‘the Marine Corps,’’; and 

12 (2) in subparagraph (K), by striking ‘‘, includ13 ing the Office of Intelligence of the Coast Guard’’. 

14 SEC. 445. CLARIFYING AMENDMENTS RELATING TO SEC15 TION 105 OF THE INTELLIGENCE AUTHORIZA16 TION ACT FOR FISCAL YEAR 2004. 

17 Section 105(b) of the Intelligence Authorization Act 

18 for Fiscal Year 2004 (Public Law 108–177; 117 Stat. 

19 2603; 31 U.S.C. 311 note) is amended— 

20 (1) by striking ‘‘Director of Central Intel21 ligence’’ and inserting ‘‘Director of National Intel22 ligence’’; and 

23 (2) by inserting ‘‘or in section 313 of such 

24 title,’’ after ‘‘subsection (a)),’’. 
118 

S 1803 PCS 

1 TITLE V—OTHER MATTERS 

2 SEC. 501. TECHNICAL AMENDMENTS TO THE NATIONAL SE3 CURITY ACT OF 1947. 

4 The National Security Act of 1947 (50 U.S.C. 401 

5 et seq.) is amended as follows: 

6 (1) In section 102A (50 U.S.C. 403–1)— 

7 (A) in subsection (c)(7)(A), by striking 

8 ‘‘section’’ and inserting ‘‘subsection’’; 

9 (B) in subsection (d)— 

10 (i) in paragraph (3), by striking ‘‘sub11 paragraph (A)’’ in the matter preceding 

12 subparagraph (A) and inserting ‘‘para13 graph (1)(A)’’; and 

14 (ii) in paragraph (5)(A), by striking 

15 ‘‘or personnel’’ in the matter preceding 

16 clause (i); and 

17 (C) in subsection (l)(2)(B), by striking 

18 ‘‘section’’ and inserting ‘‘paragraph’’. 

19 (2) In section 119(c)(2)(B) (50 U.S.C. 

20 404o(c)(2)(B)), by striking ‘‘subsection (h)’’ and in21 serting ‘‘subsection (i)’’. 
119 

S 1803 PCS 

1 SEC. 502. TECHNICAL CLARIFICATION OF CERTAIN REF2 ERENCES TO JOINT MILITARY INTELLIGENCE 

3 PROGRAM AND TACTICAL INTELLIGENCE 

4 AND RELATED ACTIVITIES. 

5 Section 102A of the National Security Act of 1947 

6 (50 U.S.C. 403–1) is amended— 

7 (1) in subsection (c)(3)(A), by inserting ‘‘, or 

8 for any successor program or programs’’ after ‘‘Ac9 tivities’’; and 

10 (2) in subsection (d)(1)(B), by inserting ‘‘, or 

11 any successor program or programs’’ after ‘‘Pro12 gram’’. 

13 SEC. 503. TECHNICAL AMENDMENTS TO THE INTEL14 LIGENCE REFORM AND TERRORISM PREVEN15 TION ACT OF 2004. 

16 (a) AMENDMENTS TO NATIONAL SECURITY INTEL17 LIGENCE REFORM ACT OF 2004.—The National Security 

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

19 108–458) is amended as follows: 

20 (1) In section 1016(e)(10)(B) (6 U.S.C. 

21 458(e)(10)(B)), by striking ‘‘Attorney General’’ the 

22 second place it appears and inserting ‘‘Department 

23 of Justice’’. 

24 (2) In section 1061(d)(4)(A) (5 U.S.C. 601 

25 note), by striking ‘‘National Intelligence Director’’ 

26 and inserting ‘‘Director of National Intelligence’’. 
120 

S 1803 PCS 

1 (3) In section 1071(e), by striking ‘‘(1)’’. 

2 (4) In section 1072(b), by inserting ‘‘AGENCY’’ 

3 after ‘‘INTELLIGENCE’’. 

4 (b) OTHER AMENDMENTS TO INTELLIGENCE RE5 FORM AND TERRORISM PREVENTION ACT OF 2004.—The 

6 Intelligence Reform and Terrorism Prevention Act of 

7 2004 (Public Law 108–458) is amended as follows: 

8 (1) in section 2001 (28 U.S.C. 532 note)— 

9 (A) in subsection (c)(1), by inserting ‘‘of’’ 

10 before ‘‘an institutional culture’’; 

11 (B) in subsection (e)(2), by striking ‘‘the 

12 National Intelligence Director in a manner con13 sistent with section 112(e)’’ and inserting ‘‘the 

14 Director of National Intelligence in a manner 

15 consistent with applicable law’’; and 

16 (C) in subsection (f), by striking ‘‘shall,’’ 

17 in the matter preceding paragraph (1) and in18 serting ‘‘shall’’. 

19 (2) In section 2006 (28 U.S.C. 509 note)— 

20 (A) in paragraph (2), by striking ‘‘the 

21 Federal’’ and inserting ‘‘Federal’’; and 

22 (B) in paragraph (3), by striking ‘‘the spe23 cific’’ and inserting ‘‘specific’’. 
121 

S 1803 PCS 

1 SEC. 504. TECHNICAL AMENDMENT TO THE CENTRAL IN2 TELLIGENCE AGENCY ACT OF 1949. 

3 Section 5(a)(1) of the Central Intelligence Agency 

4 Act of 1949 (50 U.S.C. 403f(a)(1)) is amended by striking 

5 ‘‘authorized under paragraphs (2) and (3) of section 

6 102(a), subsections (c)(7) and (d) of section 103, sub7 sections (a) and (g) of section 104, and section 303 of 

8 the National Security Act of 1947 (50 U.S.C. 403(a)(2), 

9 (3), 403–3(c)(7), (d), 403–4(a), (g), and 405)’’ and insert10 ing ‘‘authorized under subsections (d), (e), (f), and (g) of 

11 section 104A of the National Security Act of 1947 (50 

12 U.S.C. 403–4a).’’. 

13 SEC. 505. TECHNICAL AMENDMENTS RELATING TO THE 

14 MULTIYEAR NATIONAL INTELLIGENCE PRO15 GRAM. 

16 (a) IN GENERAL.—Subsection (a) of section 1403 of 

17 the National Defense Authorization Act for Fiscal Year 

18 1991 (50 U.S.C. 404b) is amended— 

19 (1) in the subsection caption, by striking ‘‘FOR20 EIGN’’; and 

21 (2) by striking ‘‘foreign’’ each place it appears. 

22 (b) RESPONSIBILITY OF DNI.—That section is fur23 ther amended— 

24 (1) in subsections (a) and (c), by striking ‘‘Di25 rector of Central Intelligence’’ and inserting ‘‘Direc26 tor of National Intelligence’’; and 
122 

S 1803 PCS 

1 (2) in subsection (b), by inserting ‘‘of National 

2 Intelligence’’ after ‘‘Director’’. 

3 (c) CONFORMING AMENDMENT.—The heading of 

4 that section is amended to read as follows: 

5 ‘‘SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PRO6 GRAM.’’. 

7 SEC. 506. TECHNICAL AMENDMENTS TO THE EXECUTIVE 

8 SCHEDULE. 

9 (a) EXECUTIVE SCHEDULE LEVEL II.—Section 5313 

10 of title 5, United States Code, is amended by striking the 

11 item relating to the Director of Central Intelligence and 

12 inserting the following new item: 

13 ‘‘Director of the Central Intelligence Agency.’’. 

14 (b) EXECUTIVE SCHEDULE LEVEL III.—Section 

15 5314 of title 5, United States Code, is amended by strik16 ing the item relating to the Deputy Directors of Central 

17 Intelligence. 

18 (c) EXECUTIVE SCHEDULE LEVEL IV.—Section 

19 5315 of title 5, United States Code, is amended by strik20 ing the item relating to the General Counsel of the Office 

21 of the National Intelligence Director and inserting the fol22 lowing new item: 

23 ‘‘General Counsel of the Office of the Director 

24 of National Intelligence.’’. 
123 

S 1803 PCS 

1 SEC. 507. TECHNICAL AMENDMENTS RELATING TO REDES2 IGNATION OF THE NATIONAL IMAGERY AND 

3 MAPPING AGENCY AS THE NATIONAL 

4 GEOSPATIAL-INTELLIGENCE AGENCY. 

5 (a) TITLE 5, UNITED STATES CODE.—(1) Title 5, 

6 United States Code, is amended by striking ‘‘National Im7 agery and Mapping Agency’’ each place it appears in a 

8 provision as follows and inserting ‘‘National Geospatial9 Intelligence Agency’’: 

10 (A) Section 2302(a)(2)(C)(ii). 

11 (B) Section 3132(a)(1)(B). 

12 (C) Section 4301(1) (in clause (ii)). 

13 (D) Section 4701(a)(1)(B). 

14 (E) Section 5102(a)(1) (in clause (xi)). 

15 (F) Section 5342(a)(1) (in clause (L)). 

16 (G) Section 6339(a)(1)(E). 

17 (H) Section 7323(b)(2)(B)(i)((XIII). 

18 (2) Section 6339(a)(2)(E) of such title is amended 

19 by striking ‘‘National Imagery and Mapping Agency, the 

20 Director of the National Imagery and Mapping Agency’’ 

21 and inserting ‘‘National Geospatial-Intelligence Agency, 

22 the Director of the National Geospatial-Intelligence Agen23 cy’’. 

24 (b) TITLE 44, UNITED STATES CODE.—(1)(A) Sec25 tion 1336 of title 44, United States Code, is amended by 

26 striking ‘‘National Imagery and Mapping Agency’’ both 
124 

S 1803 PCS 

1 places it appears and inserting ‘‘National Geospatial-Intel2 ligence Agency’’. 

3 (B) The heading of such section is amended to read 

4 as follows: 

5 ‘‘§ 1336. National Geospatial-Intelligence Agency: spe6 cial publications’’. 

7 (2) The table of sections at the beginning of chapter 

8 13 of such title is amended by striking the item relating 

9 to section 1336 and inserting the following new item: 

‘‘1336. National Geospatial-Intelligence Agency: special publications.’’. 

10 (c) HOMELAND SECURITY ACT OF 2002.—Section 

11 201(f)(2)(E) of the Homeland Security Act of 2002 (6 

12 U.S.C. 121(f)(2)(E)) is amended by striking ‘‘National 

13 Imagery and Mapping Agency’’ and inserting ‘‘National 

14 Geospatial-Intelligence Agency’’. 

15 (d) INSPECTOR GENERAL ACT OF 1978.—Section 8H 

16 of the Inspector General Act of 1978 (5 U.S.C. App.) is 

17 amended by striking ‘‘National Imagery and Mapping 

18 Agency’’ each place it appears and inserting ‘‘National 

19 Geospatial-Intelligence Agency’’. 

20 (e) ETHICS IN GOVERNMENT ACT OF 1978.—Section 

21 105(a) of the Ethics in Government Act of 1978 (5 U.S.C. 

22 App.) is amended by striking ‘‘National Imagery and Map23 ping Agency’’ and inserting ‘‘National Geospatial-Intel24 ligence Agency’’. 
125 

S 1803 PCS 

1 (f) OTHER ACTS.—(1) Section 7(b)(2)(A)(i) of the 

2 Employee Polygraph Protection Act of 1988 (29 U.S.C. 

3 2006(b)(2)(A)(i)) is amended by striking ‘‘National Im4 agery and Mapping Agency’’ and inserting ‘‘National 

5 Geospatial-Intelligence Agency’’. 

6 (2) Section 207(a)(2)(B) of the Legislative Branch 

7 Appropriations Act, 1993 (44 U.S.C. 501 note) is amend8 ed by striking ‘‘National Imagery and Mapping Agency’’ 

9 and inserting ‘‘National Geospatial-Intelligence Agency’’. 
Calendar No. 293 

109TH CONGRESS 

1ST SESSION S. 1803 

[Report No. 109–142] [Report No. 109–173] 

A BILL 

To authorize appropriations for fiscal year 2006 for 

ability System, and for other purposes. tral Intelligence Agency Retirement and DisCommunity Management Account, and the Centhe United States Government, the Intelligence intelligence and intelligence-related activities of 

NOVEMBER 27, 2005 

Committee discharged pursuant to the order of November 

1, 2005, and placed on the calendar