IB 

Union Calendar No. 225 

109TH CONGRESS 

2D SESSION H. R. 5020 

[Report No. 109–411] 

To authorize appropriations for fiscal year 2007 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 28, 2006 

Mr. HOEKSTRA introduced the following bill; which was referred to the Select 

Committee on Intelligence (Permanent Select) 

APRIL 6, 2006 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 28, 2006] 

A BILL 

To authorize appropriations for fiscal year 2007 for intelligence and intelligence-related activities of the United 

States Government, the Community Management Account, and the Central Intelligence Agency Retirement 

and Disability System, and for other purposes. 


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

3 SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘In5 telligence Authorization Act for Fiscal Year 2007’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—INTELLIGENCE ACTIVITIES 

Sec. 101. Authorization of appropriations. 

Sec. 102. Classified Schedule of Authorizations. 

Sec. 103. Personnel ceiling adjustments. 

Sec. 104. Intelligence Community Management Account. 

Sec. 105. Incorporation of reporting requirements. 

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. Retention and use of amounts paid as debts to Elements of the Intelligence Community. 

Sec. 306. Availability of funds for travel and transportation of personal effects, 

household goods, and automobiles. 

Sec. 307. Purchases by elements of the intelligence community of products of federal prison industries. 

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE 

INTELLIGENCE COMMUNITY 

Subtitle A—Office of the Director of National Intelligence 

Sec. 401. Clarification of delegation of transfer or reprogramming authority. 

Sec. 402. Clarification of limitation on co-location of the Office of the Director 

of National Intelligence. 

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

of the Director of National Intelligence. 


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Sec. 404. Appointment and title of Chief Information Officer of the Intelligence 

Community. 

Sec. 405. Leadership and location of certain offices and officials. 

Sec. 406. Eligibility for incentive awards of personnel assigned to the Office of 

the Director of National Intelligence. 

Sec. 407. Repeal of certain authorities relating to the Office of the national counterintelligence Executive. 

Sec. 408. Membership of the Director of National Intelligence on the transportation security oversight Board. 

Sec. 409. Temporary inapplicability to the Office of the Director of National Intelligence of certain financial reporting requirements. 

Sec. 410. Comprehensive inventory of special access programs. 

Sec. 411. Sense of Congress on multi-level security clearances. 

Sec. 412. Access to information by staff and members of the congressional intelligence committees. 

Sec. 413. Study on revoking pensions of persons who commit unauthorized disclosures of classified information. 

Subtitle B—Central Intelligence Agency 

Sec. 421. Enhanced protection of Central Intelligence Agency intelligence sources 

and methods from unauthorized disclosure. 

Sec. 422. Additional exception to foreign language proficiency requirement for 

certain senior level positions in the Central Intelligence Agency. 

Sec. 423. Additional functions and authorities for protective personnel of the central intelligence agency. 

Sec. 424. Protective services for former officials of the intelligence community. 

Sec. 425. Strategic review process. 

Subtitle C—Defense Intelligence Components 

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

Sec. 432. Codification of authorities of national security agency protective personnel. 

Subtitle D—Other Elements 

Sec. 441. Clarification of inclusion of Coast Guard and Drug Enforcement Administration elements in the Intelligence Community. 

Sec. 442. Clarifying amendments relating to Section 105 of the Intelligence Authorization Act for Fiscal Year 2004. 

TITLE V—OTHER MATTERS 

Sec. 501. Aerial reconnaissance platforms. 

Sec. 502. Elimination of certain reporting requirements. 

Sec. 503. Technical amendments to the National Security Act of 1947. 

Sec. 504. Technical clarification of certain references to joint military intelligence 

Program and tactical intelligence and related Activities. 

Sec. 505. Technical amendments to the Intelligence Reform and Terrorism Prevention Act of 2004. 

Sec. 506. Technical amendment to the Central Intelligence Agency Act of 1949. 

Sec. 507. Technical amendments relating to the multiyear National Intelligence 

Program. 

Sec. 508. Technical amendments to the Executive Schedule. 


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Sec. 509. Technical amendments relating to redesignation of the National Imagery and Mapping Agency as the national Geospatial-Intelligence Agency. 

1 TITLE I—INTELLIGENCE 

2 ACTIVITIES 

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

4 Funds are hereby authorized to be appropriated for fis5 cal year 2007 for the conduct of the intelligence and intel6 ligence-related activities of the following elements of the 

7 United States Government: 

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

10 (2) The Central Intelligence Agency. 

11 (3) The Department of Defense. 

12 (4) The Defense Intelligence Agency. 

13 (5) The National Security Agency. 

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

16 Force. 

17 (7) The Department of State. 

18 (8) The Department of the Treasury. 

19 (9) The Department of Energy. 

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. 


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1 (14) The Coast Guard. 

2 (15) The Department of Homeland Security. 

3 (16) The Drug Enforcement Administration. 

4 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

5 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

6 CEILINGS.—The amounts authorized to be appropriated 

7 under section 101, and the authorized personnel ceilings as 

8 of September 30, 2007, for the conduct of the intelligence 

9 and intelligence-related activities of the elements listed in 

10 such section, are those specified in the classified Schedule 

11 of Authorizations prepared to accompany the conference re12 port on the bill H.R. 5020 of the One Hundred Ninth Con13 gress. 

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

16 made available to the Committees on Appropriations of the 

17 Senate and House of Representatives and to the President. 

18 The President shall provide for suitable distribution of the 

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

20 the executive branch. 

21 SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 

22 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap23 proval of the Director of the Office of Management and 

24 Budget, the Director of National Intelligence may authorize 

25 employment of civilian personnel in excess of the number 


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1 authorized for fiscal year 2007 under section 102 when the 

2 Director of National Intelligence determines that such ac3 tion is necessary to the performance of important intel4 ligence functions, except that the number of personnel em5 ployed in excess of the number authorized under such sec6 tion may not, for any element of the intelligence commu7 nity, exceed 2 percent of the number of civilian personnel 

8 authorized under such section for such element. 

9 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The Di10 rector of National Intelligence shall promptly notify the Se11 lect Committee on Intelligence of the Senate and the Perma12 nent Select Committee on Intelligence of the House of Rep13 resentatives whenever the Director exercises the authority 

14 granted by this section. 

15 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC16 COUNT. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated for the Intelligence Commu19 nity Management Account of the Director of National Intel20 ligence for fiscal year 2007 the sum of $990,000,000. Within 

21 such amount, funds identified in the classified Schedule of 

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

23 research and development shall remain available until Sep24 tember 30, 2008. 


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1 (b) AUTHORIZED PERSONNEL LEVELS.—The elements 

2 within the Intelligence Community Management Account of 

3 the Director of National Intelligence are authorized 1,539 

4 full-time personnel as of September 30, 2007. Personnel 

5 serving in such elements may be permanent employees of 

6 the Intelligence Community Management Account or per7 sonnel detailed from other elements of the United States 

8 Government. 

9 (c) CLASSIFIED AUTHORIZATIONS.— 

10 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

11 addition to amounts authorized to be appropriated 

12 for the Intelligence Community Management Account 

13 by subsection (a), there are also authorized to be ap14 propriated for the Intelligence Community Manage15 ment Account for fiscal year 2007 such additional 

16 amounts as are specified in the classified Schedule of 

17 Authorizations referred to in section 102(a). Such ad18 ditional amounts for research and development shall 

19 remain available until September 30, 2007. 

20 (2) AUTHORIZATION OF PERSONNEL.—In addi21 tion to the personnel authorized by subsection (b) for 

22 elements of the Intelligence Community Management 

23 Account as of September 30, 2007, there are also au24 thorized such additional personnel for such elements 


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1 as of that date as are specified in the classified Sched2 ule of Authorizations. 

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

4 113 of the National Security Act of 1947 (50 U.S.C. 404h), 

5 during fiscal year 2007 any officer or employee of the 

6 United States or a member of the Armed Forces who is de7 tailed to the staff of the Intelligence Community Manage8 ment Account from another element of the United States 

9 Government shall be detailed on a reimbursable basis, ex10 cept that any such officer, employee, or member may be de11 tailed on a nonreimbursable basis for a period of less than 

12 one year as the Director of National Intelligence considers 

13 necessary. 

14 SEC. 105. INCORPORATION OF REPORTING REQUIREMENTS. 

15 (a) IN GENERAL.—Each requirement to submit a re16 port to the congressional intelligence committees that is in17 cluded in the joint explanatory statement to accompany the 

18 conference report on the bill H.R. 5020 of the One Hundred 

19 Ninth Congress, or in the classified annex to this Act, is 

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

21 requirement in law. 

22 (b) CONGRESSIONAL INTELLIGENCE COMMITTEES DE23 FINED.—In this section, the term ‘‘congressional intelligence 

24 committees’’ means— 


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1 (1) the Select Committee on Intelligence of the 

2 Senate; and 

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

5 TITLE II—CENTRAL INTEL6 LIGENCE AGENCY RETIRE7 MENT AND DISABILITY SYS8 TEM 

9 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

10 There is authorized to be appropriated for the Central 

11 Intelligence Agency Retirement and Disability Fund for fis12 cal year 2007 the sum of $256,400,000. 

13 TITLE III—INTELLIGENCE AND 

14 GENERAL INTELLIGENCE 

15 COMMUNITY MATTERS 

16 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND 

17 BENEFITS AUTHORIZED BY LAW. 

18 Appropriations authorized by this Act for salary, pay, 

19 retirement, and other benefits for Federal employees may 

20 be increased by such additional or supplemental amounts 

21 as may be necessary for increases in such compensation or 

22 benefits authorized by law. 


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1 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE 

2 ACTIVITIES. 

3 The authorization of appropriations by this Act shall 

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

5 intelligence activity which is not otherwise authorized by 

6 the Constitution or the laws of the United States. 

7 SEC. 303. CLARIFICATION OF DEFINITION OF INTEL8 LIGENCE COMMUNITY UNDER THE NATIONAL 

9 SECURITY ACT OF 1947. 

10 Subparagraph (L) of section 3(4) of the National Secu11 rity Act of 1947 (50 U.S.C. 401a(4)) is amended by striking 

12 ‘‘other’’ the second place it appears. 

13 SEC. 304. DELEGATION OF AUTHORITY FOR TRAVEL ON 

14 COMMON CARRIERS FOR INTELLIGENCE COL15 LECTION PERSONNEL. 

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

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

18 amended— 

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

20 (2) in paragraph (1), by striking ‘‘may only del21 egate’’ and all that follows and inserting ‘‘may dele22 gate the authority in subsection (a) to the head of any 

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

24 (3) by adding at the end the following new para25 graph: 


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1 ‘‘(2) The head of an element of the intelligence commu2 nity to whom the authority in subsection (a) is delegated 

3 pursuant to paragraph (1) may further delegate such au4 thority to such senior officials of such element as are speci5 fied in guidelines prescribed by the Director of National In6 telligence for purposes of this paragraph.’’. 

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

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

9 Act, the Director of National Intelligence shall prescribe 

10 and submit to the congressional intelligence committees the 

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

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

13 (a). 

14 (c) CONGRESSIONAL INTELLIGENCE COMMITTEES DE15 FINED.—In this section, the term ‘‘congressional intelligence 

16 committees’’ means— 

17 (1) the Select Committee on Intelligence of the 

18 Senate; and 

19 (2) the Permanent Select Committee on Intel20 ligence of the House of Representatives. 


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1 SEC. 305. 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 an 

12 element of the intelligence community may retain amounts 

13 paid or reimbursed to the United States, including amounts 

14 paid by an employee of the Federal Government from per15 sonal funds, for repayment of a debt owed to the element 

16 of the intelligence community. 

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

18 Amounts retained under subsection (a) shall be credited to 

19 the current appropriation or account from which such funds 

20 were derived or whose expenditure formed the basis for the 

21 underlying activity from which the debt concerned arose. 

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

23 under paragraph (1) shall be merged with amounts in such 

24 appropriation or account, and shall be available in accord25 ance with subsection (c). 


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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 com4 munity shall be available to the head of such element, for 

5 such time as is applicable to amounts in such appropria6 tion or account, or such longer time as may be provided 

7 by law, for purposes as follows: 

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

9 damaged property of such element, the repair of such 

10 property or the replacement of such property with al11 ternative property that will perform the same or 

12 similar functions as such property. 

13 ‘‘(2) The funding of any other activities author14 ized to be funded by such appropriation or account. 

15 ‘‘(d) DEBT OWED TO AN ELEMENT OF THE INTEL16 LIGENCE COMMUNITY DEFINED.—In this section, the term 

17 ‘debt owed to an element of the intelligence community’ 

18 means any of the following: 

19 ‘‘(1) A debt owed to an element of the intelligence 

20 community by an employee or former employee of 

21 such element for the negligent or willful loss of or 

22 damage to property of such element that was procured 

23 by such element using appropriated funds. 

24 ‘‘(2) A debt owed to an element of the intelligence 

25 community by an employee or former employee of 


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1 such element as repayment for default on the terms 

2 and conditions associated with a scholarship, fellow3 ship, or other educational assistance provided to such 

4 individual by such element, whether in exchange for 

5 future services or otherwise, using appropriated 

6 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 in 

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

15 end the following new item: 

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

16 SEC. 306. AVAILABILITY OF FUNDS FOR TRAVEL AND 

17 TRANSPORTATION OF PERSONAL EFFECTS, 

18 HOUSEHOLD GOODS, AND AUTOMOBILES. 

19 (a) FUNDS OF OFFICE OF DIRECTOR OF NATIONAL IN20 TELLIGENCE.—Funds appropriated to the Office of the Di21 rector of National Intelligence and available for travel and 

22 transportation expenses shall be available for such expenses 

23 when any part of the travel or transportation concerned 

24 begins in a fiscal year pursuant to travel orders issued in 


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1 such fiscal year, notwithstanding that such travel or trans2 portation is or may not be completed during such fiscal 

3 year. 

4 (b) FUNDS OF CENTRAL INTELLIGENCE AGENCY.— 

5 Funds appropriated to the Central Intelligence Agency and 

6 available for travel and transportation expenses shall be 

7 available for such expenses when any part of the travel or 

8 transportation concerned begins in a fiscal year pursuant 

9 to travel orders issued in such fiscal year, notwithstanding 

10 that such travel or transportation is or may not be com11 pleted during such fiscal year. 

12 (c) TRAVEL AND TRANSPORTATION EXPENSES DE13 FINED.—In this section, the term ‘‘travel and transpor14 tation expenses’’ means the following: 

15 (1) Expenses in connection with travel of per16 sonnel, including travel of dependents. 

17 (2) Expenses in connection with transportation 

18 of personal effects, household goods, or automobiles of 

19 personnel. 

20 SEC. 307. PURCHASES BY ELEMENTS OF THE INTEL21 LIGENCE COMMUNITY OF PRODUCTS OF FED22 ERAL PRISON INDUSTRIES. 

23 Section 404 of the Intelligence Authorization Act for 

24 Fiscal Year 2004 (Public Law 108–177; 117 Stat. 2632) 

25 is amended— 


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1 (1) by striking ‘‘by the Central Intelligence 

2 Agency’’ and inserting ‘‘by an element of the intel3 ligence community (as defined in section 3(4) of the 

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

5 and 

6 (2) by striking ‘‘the Director of the Central Intel7 ligence Agency determines that the product or service’’ 

8 and inserting ‘‘the head of that element determines 

9 that the product or service (including a surveying or 

10 mapping service)’’. 

11 TITLE IV—MATTERS RELATING 

12 TO ELEMENTS OF THE INTEL13 LIGENCE COMMUNITY 

14 Subtitle A—Office of the Director of 

15 National Intelligence 

16 SEC. 401. CLARIFICATION OF DELEGATION OF TRANSFER 

17 OR REPROGRAMMING AUTHORITY. 

18 Section 102A(d)(5)(B) of the National Security Act of 

19 1947 (50 U.S.C. 403–1(d)(5)(B)), as added by section 

20 1011(a) of the National Security Intelligence Reform Act 

21 of 2004 (title I of Public Law 108–458; 118 Stat. 3643), 

22 is amended in the second sentence by striking ‘‘or agency 

23 involved’’ and inserting ‘‘involved or the Director of the 

24 Central Intelligence Agency (in the case of the Central Intel25 ligence Agency)’’. 


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1 SEC. 402. CLARIFICATION OF LIMITATION ON CO-LOCATION 

2 OF THE OFFICE OF THE DIRECTOR OF NA3 TIONAL INTELLIGENCE. 

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

5 (50 U.S.C. 403–3(e)) is amended— 

6 (1) in the heading, by striking ‘‘WITH’’ and in7 serting ‘‘OF HEADQUARTERS WITH HEADQUARTERS

8 OF’’ ; 

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

10 Office’’; and 

11 (3) by striking ‘‘any other element’’ and insert12 ing ‘‘the headquarters of any other element’’. 

13 SEC. 403. ADDITIONAL DUTIES OF THE DIRECTOR OF 

14 SCIENCE AND TECHNOLOGY OF THE OFFICE 

15 OF THE DIRECTOR OF NATIONAL INTEL16 LIGENCE. 

17 (a) COORDINATION AND PRIORITIZATION OF RE18 SEARCH CONDUCTED BY ELEMENTS OF INTELLIGENCE

19 COMMUNITY.—Subsection (d) of section 103E of the Na20 tional Security Act of 1947 (50 U.S.C. 403–3e) is amend21 ed— 

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

23 prioritize’’ after ‘‘coordinate’’; and 

24 (2) by adding at the end the following new para25 graph: 


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

2 shall identify basic, advanced, and applied research pro3 grams to be carried out by elements of the intelligence com4 munity.’’. 

5 (b) DEVELOPMENT OF TECHNOLOGY GOALS.—Such 

6 section is further amended— 

7 (1) in subsection (c)— 

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

9 the end; 

10 (B) by redesignating paragraph (5) as 

11 paragraph (6); and 

12 (C) by inserting after paragraph (4) the fol13 lowing new paragraph: 

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

15 the elements of the intelligence community to meet the 

16 technology needs of the intelligence community; and’’; 

17 and 

18 (2) by adding at the end the following new sub19 section: 

20 ‘‘(e) GOALS FOR TECHNOLOGY NEEDS OF INTEL21 LIGENCE COMMUNITY.—In carrying out subsection (c)(5), 

22 the Director of Science and Technology shall— 

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

24 significant intelligence challenges that require tech25 nical solutions; and 


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

3 the intelligence community to meet the requirements 

4 of the intelligence community for timely support.’’. 

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

6 Director of National Intelligence shall submit to Congress 

7 a report containing a strategy for the development and use 

8 of technology in the intelligence community through 2021. 

9 (2) The report shall include— 

10 (A) an assessment of the highest priority intel11 ligence gaps across the intelligence community that 

12 may be resolved by the use of technology; 

13 (B) goals for advanced research and development 

14 and a strategy to achieve such goals; 

15 (C) an explanation of how each advanced re16 search and development project funded under the Na17 tional Intelligence Program addresses an identified 

18 intelligence gap; 

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

20 and development projects by research type (basic, ad21 vanced, or applied) with estimated funding levels, es22 timated initiation dates, and estimated completion 

23 dates; and 


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1 (E) a plan to incorporate technology from re2 search and development projects into National Intel3 ligence Program acquisition programs. 

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

5 SEC. 404. APPOINTMENT AND TITLE OF CHIEF INFORMA6 TION OFFICER OF THE INTELLIGENCE COM7 MUNITY. 

8 (a) APPOINTMENT.— 

9 (1) IN GENERAL.—Subsection (a) of section 103G 

10 of the National Security Act of 1947 (50 U.S.C. 403– 

11 3g) is amended by striking ‘‘the President, by and 

12 with the advice and consent of the Senate’’ and in13 serting ‘‘the Director of National Intelligence’’. 

14 (2) APPLICABILITY.—The amendment made by 

15 paragraph (1) shall take effect on the date of the en16 actment of this Act, and shall apply with respect to 

17 any nomination of an individual as Chief Informa18 tion Officer of the Intelligence Community that is 

19 made on or after that date. 

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

21 (1) in subsection (a), by inserting ‘‘of the Intel22 ligence Community’’ after ‘‘Chief Information Offi23 cer’’; 


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

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

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

10 SEC. 405. LEADERSHIP AND LOCATION OF CERTAIN OF11 FICES AND OFFICIALS. 

12 (a) NATIONAL COUNTER PROLIFERATION CENTER.— 

13 Section 119A(a) of the National Security Act of 1947 (50 

14 U.S.C. 404o–1(a)) is amended— 

15 (1) by striking ‘‘ESTABLISHMENT.—Not later 

16 than 18 months after the date of the enactment of the 

17 National Security Intelligence Reform Act of 2004, 

18 the’’ and inserting ‘‘(1) ESTABLISHMENT.—The’’; and 

19 (2) by adding at the end the following new para20 graphs: 

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

22 Proliferation Center shall be the Director of the National 

23 Counter Proliferation Center, who shall be appointed by the 

24 Director of National Intelligence. 


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

2 Center shall be located within the Office of the Director of 

3 National Intelligence.’’. 

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

5 403–3(c)) is amended— 

6 (1) by redesignating paragraph (9) as para7 graph (13); and 

8 (2) by inserting after paragraph (8) the fol9 lowing new paragraphs: 

10 ‘‘(9) The Chief Information Officer of the intel11 ligence community. 

12 ‘‘(10) The Inspector General of the intelligence 

13 community. 

14 ‘‘(11) The Director of the National 

15 Counterterrorism Center. 

16 ‘‘(12) The Director of the National Counter Pro17 liferation Center.’’. 

18 SEC. 406. ELIGIBILITY FOR INCENTIVE AWARDS OF PER19 SONNEL ASSIGNED TO THE OFFICE OF THE 

20 DIRECTOR OF NATIONAL INTELLIGENCE. 

21 (a) IN GENERAL.—Subsection (a) of section 402 of the 

22 Intelligence Authorization Act for Fiscal Year 1984 (50 

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

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

25 Director of National Intelligence may exercise the authority 


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1 granted in section 4503 of title 5, United States Code, with 

2 respect to Federal employees and members of the Armed 

3 Forces detailed or assigned to the Office of the Director of 

4 National Intelligence in the same manner as such authority 

5 may be exercised with respect to personnel of the Office. 

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

7 may exercise the authority granted in section 4503 of title 

8 5, United States Code, with respect to Federal employees 

9 and members of the Armed Forces detailed or assigned to 

10 the Central Intelligence Agency in the same manner as such 

11 authority may be exercised with respect to personnel of the 

12 Agency.’’. 

13 (b) REPEAL OF OBSOLETE AUTHORITY.—Such section 

14 is further amended— 

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

16 (2) by redesignating subsection (d) as subsection 

17 (c). 

18 (c) CONFORMING AMENDMENTS.—Such section is fur19 ther amended— 

20 (1) in subsection (b), by striking ‘‘to the Central 

21 Intelligence Agency or to the Intelligence Community 

22 Staff’’ and inserting ‘‘to the Office of the Director of 

23 National Intelligence or to the Central Intelligence 

24 Agency’’; and 


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1 (2) in subsection (c), as redesignated by sub2 section (b)(2) of this section, by striking ‘‘Director of 

3 Central Intelligence’’ and inserting ‘‘Director of Na4 tional Intelligence or Director of the Central Intel5 ligence Agency’’. 

6 (d) TECHNICAL AND STYLISTIC AMENDMENTS.—That 

7 section is further amended— 

8 (1) in subsection (b)— 

9 (A) by inserting ‘‘PERSONNEL ELIGIBLE

10 FOR AWARDS.—’’ after ‘‘(b)’’; 

11 (B) by striking ‘‘subsection (a) of this sec12 tion’’ and inserting ‘‘subsection (a)’’; and 

13 (C) by striking ‘‘a date five years before the 

14 date of enactment of this section’’ and inserting 

15 ‘‘December 9, 1978’’; and 

16 (2) in subsection (c), as so redesignated, by in17 serting ‘‘PAYMENT AND ACCEPTANCE OF AWARDS.—’’ 

18 after ‘‘(c)’’. 

19 SEC. 407. REPEAL OF CERTAIN AUTHORITIES RELATING TO 

20 THE OFFICE OF THE NATIONAL COUNTER21 INTELLIGENCE EXECUTIVE. 

22 (a) REPEAL OF CERTAIN AUTHORITIES.—Section 904 

23 of the Counterintelligence Enhancement Act of 2002 (title 

24 IX of Public Law 107–306; 50 U.S.C. 402c) is amended— 


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

2 (j); and 

3 (2) by redesignating subsections (e), (f), (k), (l), 

4 and (m) as subsections (d), (e), (f), (g), and (h), re5 spectively. 

6 (b) CONFORMING AMENDMENTS.—That section is fur7 ther amended— 

8 (1) in subsection (d), as redesignated by sub9 section (a)(2) of this section, by striking ‘‘subsection 

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

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

12 (2) in subsection (e)(2), as so redesignated, by 

13 striking ‘‘subsection (e)(2)’’ and inserting ‘‘subsection 

14 (d)(2)’’. 

15 SEC. 408. MEMBERSHIP OF THE DIRECTOR OF NATIONAL 

16 INTELLIGENCE ON THE TRANSPORTATION 

17 SECURITY OVERSIGHT BOARD. 

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

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

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

21 or the Director’s designee.’’. 


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1 SEC. 409. TEMPORARY INAPPLICABILITY TO THE OFFICE OF 

2 THE DIRECTOR OF NATIONAL INTELLIGENCE 

3 OF CERTAIN FINANCIAL REPORTING RE4 QUIREMENTS. 

5 The Director of National Intelligence shall not be re6 quired to submit an audited financial statement under sec7 tion 3515 of title 31, United States Code, for the Office of 

8 the Director of National Intelligence with respect to fiscal 

9 year 2005 or 2006. 

10 SEC. 410. COMPREHENSIVE INVENTORY OF SPECIAL AC11 CESS PROGRAMS. 

12 Not later than January 15, 2007, the Director of Na13 tional Intelligence shall submit to the congressional intel14 ligence committees (as defined in section 3(7) of the Na15 tional Security Act of 1947 (50 U.S.C. 401a(7))) a classi16 fied report providing a comprehensive inventory of all spe17 cial access programs under the National Intelligence Pro18 gram (as defined in section 3(6) of the National Security 

19 Act of 1947 (50 U.S.C. 401a(6))). 

20 SEC. 411. SENSE OF CONGRESS ON MULTI-LEVEL SECURITY 

21 CLEARANCES. 

22 It is the sense of Congress that the Director of National 

23 Intelligence should promptly establish and oversee the im24 plementation of a multi-level security clearance system 

25 across the intelligence community to leverage the cultural 

26 and linguistic skills of subject matter experts and individVerDate Aug 31 2005 23:46 Apr 06, 2006 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6203 E:\BILLS\H5020.RH H5020

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1 uals proficient in foreign languages critical to national se2 curity. 

3 SEC. 412. ACCESS TO INFORMATION BY STAFF AND MEM4 BERS OF THE CONGRESSIONAL INTEL5 LIGENCE COMMITTEES. 

6 Not later than 180 days after the date of the enactment 

7 of this Act, the Director of National Intelligence shall pro8 vide to the members and staff of the Permanent Select Com9 mittee on Intelligence of the House of Representatives and 

10 the Select Committee on Intelligence of the Senate accounts 

11 for and access to the Intelink System (or any successor sys12 tem) through the Joint Worldwide Intelligence Communica13 tions System (or any successor system). Such access shall 

14 include access up to and including the level of sensitive com15 partmented information and shall be provided in the sen16 sitive compartmented information facilities of each Com17 mittee. 

18 SEC. 413. STUDY ON REVOKING PENSIONS OF PERSONS 

19 WHO COMMIT UNAUTHORIZED DISCLOSURES 

20 OF CLASSIFIED INFORMATION. 

21 (a) STUDY.—The Director of National Intelligence 

22 shall conduct a study on the feasibility of revoking the pen23 sions of personnel in the intelligence community (as defined 

24 in section 3(4) of the National Security Act of 1947 (50 

25 U.S.C. 401a(4))) who commit unauthorized disclosures of 


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1 classified information, including whether revoking such 

2 pensions is feasible under existing law or under the admin3 istrative authority of the Director of National Intelligence 

4 or any other head of an element of the intelligence commu5 nity. 

6 (b) REPORT.—Not later than 90 days after the date 

7 of the enactment of this Act, the Director of National Intel8 ligence shall submit to the Permanent Select Committee on 

9 Intelligence of the House of Representatives and the Select 

10 Committee on Intelligence of the Senate a report containing 

11 the results of the study conducted under subsection (a). 

12 Subtitle B—Central Intelligence 

13 Agency 

14 SEC. 421. ENHANCED PROTECTION OF CENTRAL INTEL15 LIGENCE AGENCY INTELLIGENCE SOURCES 

16 AND METHODS FROM UNAUTHORIZED DIS17 CLOSURE. 

18 (a) RESPONSIBILITY OF DIRECTOR OF CENTRAL IN19 TELLIGENCE AGENCY UNDER NATIONAL SECURITY ACT OF

20 1947.—Subsection (d) of section 104A of the National Secu21 rity Act of 1947 (50 U.S.C. 403–4a) is amended— 

22 (1) in paragraph (3), by striking ‘‘and’’ at the 

23 end; 

24 (2) by redesignating paragraph (4) as para25 graph (5); and 


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1 (3) by inserting after paragraph (3) the fol2 lowing new paragraph: 

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

4 the Central Intelligence Agency from unauthorized 

5 disclosure, consistent with any direction issued by the 

6 President or the Director of National Intelligence; 

7 and’’. 

8 (b) PROTECTION UNDER CENTRAL INTELLIGENCE

9 AGENCY ACT OF 1949.—Section 6 of the Central Intel10 ligence Agency Act of 1949 (50 U.S.C. 403g) is amended 

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

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

13 and 104A(d)(4) of the National Security Act of 1947 (50 

14 U.S.C. 403–1(i), 403–4a(d)(4))’’. 

15 (c) CONSTRUCTION WITH EXEMPTION FROM RE16 QUIREMENT FOR DISCLOSURE OF INFORMATION TO PUB17 LIC.—Section 104A(d)(4) of the National Security Act of 

18 1947, as amended by subsection (a), and section 6 of the 

19 Central Intelligence Agency Act of 1949, as amended by 

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

21 exempt from disclosure the matters specified in such sections 

22 for purposes of section 552(b)(3) of title 5, United States 

23 Code. 

24 (d) TECHNICAL AMENDMENTS TO CENTRAL INTEL25 LIGENCE AGENCY RETIREMENT ACT.—Section 201(c) of the 


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1 Central Intelligence Agency Retirement Act (50 U.S.C. 

2 2011(c)) is amended— 

3 (1) in the subsection heading, by striking ‘‘OF

4 DCI’’; 

5 (2) by striking ‘‘section 102A(i)’’ and inserting 

6 ‘‘sections 102A(i) and 104A(d)(4)’’; 

7 (3) by striking ‘‘of National Intelligence’’; and 

8 (4) by inserting ‘‘of the Central Intelligence 

9 Agency’’ after ‘‘methods’’. 

10 SEC. 422. ADDITIONAL EXCEPTION TO FOREIGN LANGUAGE 

11 PROFICIENCY REQUIREMENT FOR CERTAIN 

12 SENIOR LEVEL POSITIONS IN THE CENTRAL 

13 INTELLIGENCE AGENCY. 

14 (a) ADDITIONAL EXCEPTION.—Subsection (g) of sec15 tion 104A of the National Security Act of 1947 (50 U.S.C. 

16 403–4a) is amended— 

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

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

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

20 category of positions’’ each place it appears and in21 serting ‘‘individual, individuals, position, or category 

22 of positions’’; and 

23 (3) by adding at the end the following new para24 graph: 


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

2 in the Directorate of Intelligence or the Directorate of Oper3 ations of the Central Intelligence Agency who is serving in 

4 a Senior Intelligence Service position as of December 23, 

5 2005, regardless of whether such individual is a member 

6 of the Senior Intelligence Service.’’. 

7 (b) REPORT ON WAIVERS.—Section 611(c) of the Intel8 ligence Authorization Act for Fiscal Year 2005 (Public Law 

9 108–487; 118 Stat. 3955) is amended— 

10 (1) in the first sentence, by inserting ‘‘individ11 uals or’’ before ‘‘positions’’; and 

12 (2) in the second sentence, by striking ‘‘position 

13 or category of positions’’ and inserting ‘‘individual, 

14 individuals, position, or category of positions’’. 

15 SEC. 423. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR 

16 PROTECTIVE PERSONNEL OF THE CENTRAL 

17 INTELLIGENCE AGENCY. 

18 (a) PROTECTION OF CERTAIN PERSONS.—Section 

19 5(a)(4) of the Central Intelligence Agency Act of 1949 (50 

20 U.S.C. 403f(a)(4)) is amended— 

21 (1) by striking ‘‘and the protection’’ and insert22 ing ‘‘the protection’’; and 

23 (2) by striking the semicolon and inserting ‘‘, 

24 and the protection of the Director of National Intel25 ligence and such personnel of the Office of the DirecVerDate Aug 31 2005 23:46 Apr 06, 2006 Jkt 049200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6203 E:\BILLS\H5020.RH H5020

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1 tor of National Intelligence as the Director of Na2 tional Intelligence may designate;’’. 

3 (b) AUTHORITY TO ARREST.— 

4 (1) Chapter 203 of title 18, United States Code, 

5 is amended by adding at the end the following: 

6 ‘‘§ 3065. Powers of authorized personnel in the Central 

7 Intelligence Agency 

8 ‘‘(a) The Director of the Central Intelligence Agency 

9 may issue regulations to allow personnel designated to 

10 carry out protective functions for the Central Intelligence 

11 Agency under section 5(a)(4) of the Central Intelligence 

12 Agency Act of 1949 (50 U.S.C. 403f) to, while engaged in 

13 such protective functions, make arrests without a warrant 

14 for any offense against the United States committed in the 

15 presence of such personnel, or for any felony cognizable 

16 under the laws of the United States, if such personnel have 

17 probable cause to believe that the person to be arrested has 

18 committed or is committing that felony offense. 

19 ‘‘(b) The powers granted under subsection (a) may be 

20 exercised only in accordance with guidelines approved by 

21 the Attorney General.’’. 

22 (2) The table of sections at the beginning of 

23 chapter 203 of title 18, United States Code, is amend24 ed by adding at the end the following: 

‘‘3065. Powers of authorized personnel in the Central Intelligence Agency.’’. 


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1 SEC. 424. PROTECTIVE SERVICES FOR FORMER OFFICIALS 

2 OF THE INTELLIGENCE COMMUNITY. 

3 (a) IN GENERAL.—Title III of the National Security 

4 Act of 1947 (50 U.S.C. 409a et seq.) is amended by insert5 ing after section 303 the following new section: 

6 ‘‘PROTECTIVE SERVICES FOR FORMER OFFICIALS OF THE

7 INTELLIGENCE COMMUNITY

8 ‘‘SEC. 304. (a) IN GENERAL.—Subject to subsection 

9 (b), the head of an element of the intelligence community 

10 may not provide personnel for the protection of a former 

11 official of an element of the intelligence community un12 less— 

13 ‘‘(1) there is a specific and credible threat to such 

14 former official arising from the service of such former offi15 cial to the United States; and 

16 ‘‘(2) such head of an element of the intelligence commu17 nity submits to the Director of National Intelligence notice 

18 of the intention to provide such personnel and an assess19 ment of— 

20 ‘‘(A) the threat to such former official; and 

21 ‘‘(B) the level of protective services necessary to 

22 protect such former official based on such threat. 

23 ‘‘(b) EXCEPTION FOR RECENT TERMINATION OF EM24 PLOYMENT.—The head of an element of the intelligence com25 munity may provide personnel for the protection of a 

26 former official of an element of the intelligence community 


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1 without a specific and credible threat to such former official 

2 for not more than one year after the termination of the em3 ployment of such former official if such former official re4 quests such protection. 

5 ‘‘(c) THREAT ASSESSMENT UPDATES.—Not later than 

6 180 days after the date on which the head of an element 

7 of the intelligence community begins providing personnel 

8 for the protection of a former official of an element of the 

9 intelligence community, and at least every 180 days there10 after until such head of an element of the intelligence com11 munity determines that there is no longer a threat to such 

12 former official, such head of an element of the intelligence 

13 community shall submit to the Director of National Intel14 ligence an updated assessment of the threat to such former 

15 official and the level of protective services necessary to pro16 tect such former official based on such threat. 

17 ‘‘(d) TERMINATION OF PROTECTIVE SERVICES.—If the 

18 head of an element of the intelligence community that is 

19 providing personnel for the protection of a former official 

20 of an element of the intelligence community pursuant to 

21 subsection (a) determines that there is no longer a threat 

22 to such former official, such head of an element of the intel23 ligence community shall cease providing personnel for the 

24 protection of such former official not later than 30 days 

25 after determining such threat no longer exists. 


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1 ‘‘(e) REPORT.—Not later than 7 days after the date 

2 on which the head of an element of the intelligence commu3 nity begins providing personnel for the protection of a 

4 former official of an element of the intelligence community, 

5 the Director of National Intelligence shall submit to the con6 gressional intelligence committees notice of the provision of 

7 personnel for the protection of such former official.’’. 

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

9 such Act is amended by— 

10 (1) striking the second item relating to section 

11 301; 

12 (2) striking the second item relating to section 

13 302; 

14 (3) striking the items relating to sections 304, 

15 305, and 306; and 

16 (4) inserting after the item relating to section 

17 303 the following new item: 

‘‘Sec. 304. Protective services for former officials of the intelligence community.’’. 

18 SEC. 425. STRATEGIC REVIEW PROCESS. 

19 Section 102A(f) of the National Security Act of 1947 

20 (50 U.S.C. 403–1(f)) is amended by adding at the end the 

21 following new paragraph: 

22 ‘‘(9) Not later than September 30, 2007, and every four 

23 years thereafter, the Director of National Intelligence shall, 

24 in consultation with the heads of the elements of the intel25 ligence community, manage and oversee the conduct of a 


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1 strategic review of the intelligence community to develop in2 telligence capabilities required to address threats to na3 tional security. Such review shall analyze near-term, mid4 term, and future threats to national security and shall in5 clude estimates of the allocation of resources and structural 

6 change that should be reflected in future budget requests.’’. 

7 Subtitle C—Defense Intelligence 

8 Components 

9 SEC. 431. ENHANCEMENTS OF NATIONAL SECURITY AGEN10 CY TRAINING PROGRAM. 

11 (a) TERMINATION OF EMPLOYEES.—Subsection 

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

13 of 1959 (50 U.S.C. 402 note) is amended by striking ‘‘termi14 nated either by’’ and all that follows and inserting ‘‘termi15 nated— 

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

17 employee; 

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

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

20 employee to maintain such level of academic 

21 standing in the educational course of training as 

22 the Director of the National Security Agency 

23 shall have specified in the agreement of the em24 ployee under this subsection; and’’. 


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1 (b) AUTHORITY TO WITHHOLD DISCLOSURE OF AF2 FILIATION WITH NSA.—Subsection (e) of such section is 

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

4 follows through ‘‘(2) Agency efforts’’ and inserting ‘‘Agency 

5 efforts’’. 

6 SEC. 432. CODIFICATION OF AUTHORITIES OF NATIONAL 

7 SECURITY AGENCY PROTECTIVE PERSONNEL. 

8 (a) PROTECTION OF CERTAIN PERSONS.—The Na9 tional Security Agency Act of 1959 (50 U.S.C. 402 note) 

10 is amended by adding at the end the following new section: 

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

12 personnel of the Agency to perform protective functions for 

13 the Director and for any personnel of the Agency designated 

14 by the Director. 

15 ‘‘(b) Nothing in this section shall be construed to im16 pair or otherwise affect any authority under any other pro17 vision of law relating to the performance of protective func18 tions.’’. 

19 (b) AUTHORITY TO ARREST.— 

20 (1) Chapter 203 of title 18, United States Code, 

21 as amended by section 423 of this Act, is amended by 

22 adding at the end the following: 


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1 ‘‘§ 3066. Powers of authorized personnel in the Na2 tional Security Agency 

3 ‘‘(a) The Director of the National Security Agency 

4 may issue regulations to allow personnel designated to 

5 carry out protective functions for the Agency to— 

6 ‘‘(1) carry firearms; and 

7 ‘‘(2) make arrests without warrant for any of8 fense against the United States committed in the 

9 presence of such personnel, or for any felony cog10 nizable under the laws of the United States, if such 

11 personnel have probable cause to believe that the per12 son to be arrested has committed or is committing 

13 that felony offense. 

14 ‘‘(b) The powers granted under subsection (a) may be 

15 exercised only in accordance with guidelines approved by 

16 the Attorney General.’’. 

17 (2) CLERICAL AMENDMENT.—The table of sec18 tions at the beginning of chapter 203 of title 18, 

19 United States Code, as amended by section 423 of this 

20 Act, is amended by adding at the end the following: 

‘‘3066. Powers of authorized personnel in the National Security Agency.’’. 


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1 Subtitle D—Other Elements 

2 SEC. 441. CLARIFICATION OF INCLUSION OF COAST GUARD 

3 AND DRUG ENFORCEMENT ADMINISTRATION 

4 ELEMENTS IN THE INTELLIGENCE COMMU5 NITY. 

6 Section 3(4) of the National Security Act of 1947 (50 

7 U.S.C. 401a(4)) is amended— 

8 (1) in subparagraph (H)— 

9 (A) by inserting ‘‘the Coast Guard,’’ after 

10 ‘‘the Marine Corps,’’; and 

11 (B) by inserting ‘‘the Drug Enforcement 

12 Administration,’’ after ‘‘the Federal Bureau of 

13 Investigation,’’; and 

14 (2) in subparagraph (K), by striking ‘‘, includ15 ing the Office of Intelligence of the Coast Guard’’. 

16 SEC. 442. CLARIFYING AMENDMENTS RELATING TO SEC17 TION 105 OF THE INTELLIGENCE AUTHORIZA18 TION ACT FOR FISCAL YEAR 2004. 

19 Section 105(b) of the Intelligence Authorization Act for 

20 Fiscal Year 2004 (Public Law 108–177; 117 Stat. 2603; 

21 31 U.S.C. 311 note) is amended— 

22 (1) by striking ‘‘Director of Central Intelligence’’ 

23 and inserting ‘‘Director of National Intelligence’’; and 

24 (2) by inserting ‘‘or in section 313 of such title,’’ 

25 after ‘‘subsection (a)),’’. 


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1 TITLE V—OTHER MATTERS 

2 SEC. 501. AERIAL RECONNAISSANCE PLATFORMS. 

3 (a) LIMITATION ON TERMINATION OF U–2 AIRCRAFT

4 PROGRAM.—The Secretary of Defense may not begin the 

5 process to terminate the U–2 aircraft program until the 

6 Secretary certifies in accordance with subsection (b) that 

7 there would be no loss of national or Department of Defense 

8 intelligence, surveillance, and reconnaissance (ISR) capa9 bilities in transitioning from the U–2 aircraft program to 

10 the Global Hawk RQ–4 unmanned aerial vehicle platform. 

11 (b) REPORT AND CERTIFICATION.— 

12 (1) STUDY.—The Secretary of Defense shall con13 duct a study of aerial reconnaissance platforms to de14 termine whether the Global Hawk RQ–4 unmanned 

15 aerial vehicle has reached mission capability and has 

16 attained collection capabilities on a par with the col17 lection capabilities of the U–2 Block 20 aircraft pro18 gram as of April 1, 2006. 

19 (2) REPORT.—The Secretary shall submit to the 

20 congressional committees specified in subsection (c) a 

21 report containing the results of the study. The Sec22 retary shall include in the report the Secretary’s de23 termination as to whether the Global Hawk RQ–4 un24 manned aerial vehicle— 

25 (A) has reached mission capability; and 


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1 (B) has attained collection capabilities on a 

2 par with the collection capabilities of the U–2 

3 Block 20 aircraft program as of April 1, 2006. 

4 (3) CERTIFICATION.—The Secretary shall include 

5 with the report the Secretary’s certification, based on 

6 the results of the study, as to whether or not there 

7 would be a loss of national or Department of Defense 

8 intelligence, surveillance, and reconnaissance capa9 bilities with a transition from the U–2 aircraft pro10 gram to the Global Hawk RQ–4 unmanned aerial ve11 hicle platform. 

12 (c) SPECIFIED COMMITTEES.—The congressional com13 mittees specified in this subsection are the following: 

14 (1) The Committee on Armed Services and the 

15 Select Committee on Intelligence of the Senate. 

16 (2) The Committee on Armed Services and the 

17 Permanent Select Committee on Intelligence of the 

18 House of Representatives. 

19 SEC. 502. ELIMINATION OF CERTAIN REPORTING REQUIRE20 MENTS. 

21 (a) INTELLIGENCE SHARING WITH UN.—Section 112 

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

23 amended by striking subsection (b). 


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1 (b) IMPROVEMENT OF FINANCIAL STATEMENTS FOR

2 AUDITING PURPOSES.—The National Security Act of 1947 

3 (50 U.S.C. 401 et seq.) is amended— 

4 (1) by striking section 114A; and 

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

6 by striking the item relating to section 114A. 

7 (c) FINANCIAL INTELLIGENCE ON TERRORIST AS8 SETS.—The National Security Act of 1947 (50 U.S.C. 401 

9 et seq.) is amended— 

10 (1) by striking section 118; and 

11 (2) in the table of contents in the first section, 

12 by striking the item relating to section 118. 

13 (d) COUNTERDRUG INTELLIGENCE.—The Intelligence 

14 Authorization Act for Fiscal Year 2003 (Public Law 107– 

15 306) is amended— 

16 (1) by striking section 826; and 

17 (2) in the table of contents in section 1(b), by 

18 striking the item relating to section 826. 

19 SEC. 503. TECHNICAL AMENDMENTS TO THE NATIONAL SE20 CURITY ACT OF 1947. 

21 The National Security Act of 1947 (50 U.S.C. 401 et 

22 seq.) is amended as follows: 

23 (1) In section 102A (50 U.S.C. 403–1)— 

24 (A) in subsection (c)(7)(A), by striking ‘‘sec25 tion’’ and inserting ‘‘subsection’’; 


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1 (B) in subsection (d)— 

2 (i) in paragraph (3), by striking ‘‘sub3 paragraph (A)’’ in the matter preceding 

4 subparagraph (A) and inserting ‘‘para5 graph (1)(A)’’; and 

6 (ii) in paragraph (5)(A), by striking 

7 ‘‘or personnel’’ in the matter preceding 

8 clause (i); and 

9 (C) in subsection (l)(2)(B), by striking ‘‘sec10 tion’’ and inserting ‘‘paragraph’’. 

11 (2) In section 119(c)(2)(B) (50 U.S.C. 

12 404o(c)(2)(B)), by striking ‘‘subsection (h)’’ and in13 serting ‘‘subsection (i)’’. 

14 SEC. 504. TECHNICAL CLARIFICATION OF CERTAIN REF15 ERENCES TO JOINT MILITARY INTELLIGENCE 

16 PROGRAM AND TACTICAL INTELLIGENCE AND 

17 RELATED ACTIVITIES. 

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

19 U.S.C. 403–1) is amended— 

20 (1) in subsection (c)(3)(A), by striking ‘‘annual 

21 budgets for the Joint Military Intelligence Program 

22 and for Tactical Intelligence and Related Activities’’ 

23 and inserting ‘‘annual budget for the Military Intel24 ligence Program or any successor program or pro25 grams’’; and 


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1 (2) in subsection (d)(1)(B), by striking ‘‘Joint 

2 Military Intelligence Program’’ and inserting ‘‘Mili3 tary Intelligence Program or any successor program 

4 or programs’’. 

5 SEC. 505. TECHNICAL AMENDMENTS TO THE INTELLIGENCE 

6 REFORM AND TERRORISM PREVENTION ACT 

7 OF 2004. 

8 (a) AMENDMENTS TO NATIONAL SECURITY INTEL9 LIGENCE REFORM ACT OF 2004.—The National Security 

10 Intelligence Reform Act of 2004 (title I of Public Law 108– 

11 458) is amended as follows: 

12 (1) In section 1016(e)(10)(B) (6 U.S.C. 

13 458(e)(10)(B)), by striking ‘‘Attorney General’’ the 

14 second place it appears and inserting ‘‘Department of 

15 Justice’’. 

16 (2) In section 1061 (5 U.S.C. 601 note)— 

17 (A) in subsection (d)(4)(A), by striking 

18 ‘‘National Intelligence Director’’ and inserting 

19 ‘‘Director of National Intelligence’’; and 

20 (B) in subsection (h), by striking ‘‘National 

21 Intelligence Director’’ and inserting ‘‘Director of 

22 National Intelligence’’. 

23 (3) In section 1071(e), by striking ‘‘(1)’’. 

24 (4) In section 1072(b), by inserting ‘‘AGENCY’’ 

25 after ‘‘INTELLIGENCE’’. 


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1 (b) OTHER AMENDMENTS TO INTELLIGENCE REFORM

2 AND TERRORISM PREVENTION ACT OF 2004.—The Intel3 ligence Reform and Terrorism Prevention Act of 2004 (Pub4 lic Law 108–458) is amended as follows: 

5 (1) In section 2001 (28 U.S.C. 532 note)— 

6 (A) in subsection (c)(1), by inserting ‘‘of’’ 

7 before ‘‘an institutional culture’’; 

8 (B) in subsection (e)(2), by striking ‘‘the 

9 National Intelligence Director in a manner con10 sistent with section 112(e)’’ and inserting ‘‘the 

11 Director of National Intelligence in a manner 

12 consistent with applicable law’’; and 

13 (C) in subsection (f), by striking ‘‘shall,’’ in 

14 the matter preceding paragraph (1) and insert15 ing ‘‘shall’’. 

16 (2) In section 2006 (28 U.S.C. 509 note)— 

17 (A) in paragraph (2), by striking ‘‘the Fed18 eral’’ and inserting ‘‘Federal’’; and 

19 (B) in paragraph (3), by striking ‘‘the spe20 cific’’ and inserting ‘‘specific’’. 

21 SEC. 506. TECHNICAL AMENDMENT TO THE CENTRAL IN22 TELLIGENCE AGENCY ACT OF 1949. 

23 Section 5(a)(1) of the Central Intelligence Agency Act 

24 of 1949 (50 U.S.C. 403f(a)(1)) is amended by striking ‘‘au25 thorized under paragraphs (2) and (3) of section 102(a), 


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46 

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1 subsections (c)(7) and (d) of section 103, subsections (a) and 

2 (g) of section 104, and section 303 of the National Security 

3 Act of 1947 (50 U.S.C. 403(a)(2), (3), 403–3(c)(7), (d), 

4 403–4(a), (g), and 405)’’ and inserting ‘‘authorized under 

5 subsections (c), (d), (e), and (f) of section 104A of the Na6 tional Security Act of 1947 (50 U.S.C. 403–4a)’’. 

7 SEC. 507. TECHNICAL AMENDMENTS RELATING TO THE 

8 MULTIYEAR NATIONAL INTELLIGENCE PRO9 GRAM. 

10 (a) IN GENERAL.—Subsection (a) of section 1403 of 

11 the National Defense Authorization Act for Fiscal Year 

12 1991 (50 U.S.C. 404b) is amended— 

13 (1) in the subsection heading, by striking ‘‘FOR14 EIGN’’; and 

15 (2) by striking ‘‘foreign’’ each place it appears. 

16 (b) RESPONSIBILITY OF DNI.—That section is further 

17 amended— 

18 (1) in subsections (a) and (c), by striking ‘‘Di19 rector of Central Intelligence’’ and inserting ‘‘Director 

20 of National Intelligence’’; and 

21 (2) in subsection (b), by inserting ‘‘of National 

22 Intelligence’’ after ‘‘Director’’. 

23 (c) CONFORMING AMENDMENT.—The heading of that 

24 section is amended to read as follows: 


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1 ‘‘SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PRO2 GRAM.’’. 

3 SEC. 508. TECHNICAL AMENDMENTS TO THE EXECUTIVE 

4 SCHEDULE. 

5 (a) EXECUTIVE SCHEDULE LEVEL II.—Section 5313 

6 of title 5, United States Code, is amended by striking the 

7 item relating to the Director of Central Intelligence and in8 serting the following new item: 

9 ‘‘Director of the Central Intelligence Agen10 cy.’’. 

11 (b) EXECUTIVE SCHEDULE LEVEL IV.—Section 5315 

12 of title 5, United States Code, is amended by striking the 

13 item relating to the General Counsel of the Office of the 

14 National Intelligence Director and inserting the following 

15 new item: 

16 ‘‘General Counsel of the Office of the Direc17 tor of National Intelligence.’’. 

18 § 509. Technical amendments relating to redesigna19 tion of the National Imagery and Map20 ping Agency as the national Geospatial21 Intelligence Agency 

22 (a) TITLE 5, UNITED STATES CODE.—(1) Title 5, 

23 United States Code, is amended by striking ‘‘National Im24 agery and Mapping Agency’’ each place it appears in a 

25 provision as follows and inserting ‘‘National Geospatial-In26 telligence Agency’’: 


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1 (A) Section 2302(a)(2)(C)(ii). 

2 (B) Section 3132(a)(1)(B). 

3 (C) Section 4301(1) (in clause (ii)). 

4 (D) Section 4701(a)(1)(B). 

5 (E) Section 5102(a)(1) (in clause (x)). 

6 (F) Section 5342(a)(1) (in clause (K)). 

7 (G) Section 6339(a)(1)(E). 

8 (H) Section 7323(b)(2)(B)(i)(XIII). 

9 (2) Section 6339(a)(2)(E) of such title is amended by 

10 striking ‘‘National Imagery and Mapping Agency, the Di11 rector of the National Imagery and Mapping Agency’’ and 

12 inserting ‘‘National Geospatial-Intelligence Agency, the Di13 rector of the National Geospatial-Intelligence Agency’’. 

14 (b) TITLE 44, UNITED STATES CODE.—(1)(A) Section 

15 1336 of title 44, United States Code, is amended by striking 

16 ‘‘National Imagery and Mapping Agency’’ both places it 

17 appears and inserting ‘‘National Geospatial-Intelligence 

18 Agency’’. 

19 (B) The heading of such section is amended to read 

20 as follows: 

21 ‘‘§ 1336. National Geospatial-Intelligence Agency: spe22 cial publications’’. 

23 (2) The table of sections at the beginning of chapter 

24 13 of such title is amended by striking the item relating 

25 to section 1336 and inserting the following new item: 

‘‘1336. National Geospatial-Intelligence Agency: special publications.’’. 


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1 (c) HOMELAND SECURITY ACT OF 2002.—Section 

2 201(f)(2)(E) of the Homeland Security Act of 2002 (6 

3 U.S.C. 121(f)(2)(E)) is amended by striking ‘‘National Im4 agery and Mapping Agency’’ and inserting ‘‘National 

5 Geospatial-Intelligence Agency’’. 

6 (d) INSPECTOR GENERAL ACT OF 1978.—Section 8H 

7 of the Inspector General Act of 1978 (5 U.S.C. App.) is 

8 amended by striking ‘‘National Imagery and Mapping 

9 Agency’’ each place it appears and inserting ‘‘National 

10 Geospatial-Intelligence Agency’’. 

11 (e) ETHICS IN GOVERNMENT ACT OF 1978.—Section 

12 105(a)(1) of the Ethics in Government Act of 1978 (5 

13 U.S.C. App.) is amended by striking ‘‘National Imagery 

14 and Mapping Agency’’ and inserting ‘‘National Geospatial15 Intelligence Agency’’. 

16 (f) OTHER ACTS.—(1) Section 7(b)(2)(A)(i) of the Em17 ployee Polygraph Protection Act of 1988 (29 U.S.C. 

18 2006(b)(2)(A)(i)) is amended by striking ‘‘National Im19 agery and Mapping Agency’’ and inserting ‘‘National 

20 Geospatial-Intelligence Agency’’. 

21 (2) Section 207(a)(2)(B) of the Legislative Branch Ap22 propriations Act, 1993 (44 U.S.C. 501 note) is amended 

23 by striking ‘‘National Imagery and Mapping Agency’’ and 

24 inserting ‘‘National Geospatial-Intelligence Agency’’. 


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Union Calendar No. 225 

109TH CONGRESS 

2D SESSION H. R. 5020 

[Report No. 109

–411] 

A BILL 

To authorize appropriations for fiscal year 2007 for 

tem, and for other purposes. ligence Agency Retirement and Disability SysManagement Account, and the Central Intelthe United States Government, the Community intelligence and intelligence-related activities of 

APRIL 6, 2006 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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