Calendar No. 418 

109TH CONGRESS 

2D SESSION H. R. 5020 

IN THE SENATE OF THE UNITED STATES 

APRIL 27, 2006 

Received and read the first time 

MAY 1, 2006 

Read the second time and placed on the calendar 

AN ACT 

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. 

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 2007’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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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. 

Sec. 308. Accountability in Intelligence Contracting. 

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. 

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. 


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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. 

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

Sec. 510. Report on authorization to overthrow democratically elected governments. 

Sec. 511. Report on intelligence relating to insurgent forces in Iraq. 

Sec. 512. Sense of Congress regarding unauthorized disclosure of classified information. 

TITLE VI—COMMUNICATION OF INFORMATION CONCERNING 

TERRORIST THREATS 

Sec. 601. Identification of best practices. 

Sec. 602. Centers of best practices. 


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1 TITLE I—INTELLIGENCE 

2 ACTIVITIES 

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2007 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. 


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1 (15) The Department of Homeland Security. 

2 (16) The Drug Enforcement Administration. 

3 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

4 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

5 CEILINGS.—The amounts authorized to be appropriated 

6 under section 101, and the authorized personnel ceilings 

7 as of September 30, 2007, for the conduct of the intel8 ligence and intelligence-related activities of the elements 

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

10 Schedule of Authorizations prepared to accompany the 

11 conference report on the bill H.R. 5020 of the One Hun12 dred Ninth Congress. 

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. PERSONNEL CEILING ADJUSTMENTS. 

21 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap22 proval of the Director of the Office of Management and 

23 Budget, the Director of National Intelligence may author24 ize employment of civilian personnel in excess of the num25 ber authorized for fiscal year 2007 under section 102 


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1 when the Director of National Intelligence determines that 

2 such action is necessary to the performance of important 

3 intelligence functions, except that the number of personnel 

4 employed in excess of the number authorized under such 

5 section may not, for any element of the intelligence com6 munity, exceed 2 percent of the number of civilian per7 sonnel authorized under such section for such element. 

8 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The 

9 Director of National Intelligence shall promptly notify the 

10 Select Committee on Intelligence of the Senate and the 

11 Permanent Select Committee on Intelligence of the House 

12 of Representatives whenever the Director exercises the au13 thority granted by this section. 

14 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC15 COUNT. 

16 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated for the Intelligence Commu18 nity Management Account of the Director of National In19 telligence for fiscal year 2007 the sum of $990,000,000. 

20 Within such amount, funds identified in the classified 

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

22 for advanced research and development shall remain avail23 able until September 30, 2008. 

24 (b) AUTHORIZED PERSONNEL LEVELS.—The ele25 ments within the Intelligence Community Management 


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1 Account of the Director of National Intelligence are au2 thorized 1,539 full-time personnel as of September 30, 

3 2007. Personnel serving in such elements may be perma4 nent employees of the Intelligence Community Manage5 ment Account or personnel detailed from other elements 

6 of the United States Government. 

7 (c) CLASSIFIED AUTHORIZATIONS.— 

8 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

9 addition to amounts authorized to be appropriated 

10 for the Intelligence Community Management Ac11 count by subsection (a), there are also authorized to 

12 be appropriated for the Intelligence Community 

13 Management Account for fiscal year 2007 such addi14 tional amounts as are specified in the classified 

15 Schedule of Authorizations referred to in section 

16 102(a). Such additional amounts for research and 

17 development shall remain available until September 

18 30, 2007. 

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

21 for elements of the Intelligence Community Manage22 ment Account as of September 30, 2007, there are 

23 also authorized such additional personnel for such 

24 elements as of that date as are specified in the clas25 sified Schedule of Authorizations. 


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

2 113 of the National Security Act of 1947 (50 U.S.C. 

3 404h), during fiscal year 2007 any officer or employee of 

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

5 is detailed to the staff of the Intelligence Community Man6 agement Account from another element of the United 

7 States Government shall be detailed on a reimbursable 

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

9 may be detailed on a nonreimbursable basis for a period 

10 of less than one year as the Director of National Intel11 ligence considers necessary. 

12 SEC. 105. INCORPORATION OF REPORTING REQUIRE13 MENTS. 

14 (a) IN GENERAL.—Each requirement to submit a re15 port to the congressional intelligence committees that is 

16 included in the joint explanatory statement to accompany 

17 the conference report on the bill H.R. 5020 of the One 

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

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

20 made a requirement in law. 

21 (b) CONGRESSIONAL INTELLIGENCE COMMITTEES

22 DEFINED.—In this section, the term ‘‘congressional intel23 ligence committees’’ means— 

24 (1) the Select Committee on Intelligence of the 

25 Senate; and 


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1 (2) the Permanent Select Committee on Intel2 ligence of the House of Representatives. 

3 TITLE II—CENTRAL INTEL4 LIGENCE AGENCY RETIRE5 MENT AND DISABILITY SYS6 TEM 

7 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

8 There is authorized to be appropriated for the Cen9 tral Intelligence Agency Retirement and Disability Fund 

10 for fiscal year 2007 the sum of $256,400,000. 

11 TITLE III—INTELLIGENCE AND 

12 GENERAL INTELLIGENCE 

13 COMMUNITY MATTERS 

14 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND 

15 BENEFITS AUTHORIZED BY LAW. 

16 Appropriations authorized by this Act for salary, pay, 

17 retirement, and other benefits for Federal employees may 

18 be increased by such additional or supplemental amounts 

19 as may be necessary for increases in such compensation 

20 or benefits authorized by law. 

21 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE 

22 ACTIVITIES. 

23 The authorization of appropriations by this Act shall 

24 not be deemed to constitute authority for the conduct of 


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1 any intelligence activity which is not otherwise authorized 

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

3 SEC. 303. CLARIFICATION OF DEFINITION OF INTEL4 LIGENCE COMMUNITY UNDER THE NATIONAL 

5 SECURITY ACT OF 1947. 

6 Subparagraph (L) of section 3(4) of the National Se7 curity Act of 1947 (50 U.S.C. 401a(4)) is amended by 

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

9 SEC. 304. DELEGATION OF AUTHORITY FOR TRAVEL ON 

10 COMMON CARRIERS FOR INTELLIGENCE 

11 COLLECTION PERSONNEL. 

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

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

14 is amended— 

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

16 (2) in paragraph (1), by striking ‘‘may only del17 egate’’ and all that follows and inserting ‘‘may dele18 gate the authority in subsection (a) to the head of 

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

20 and 

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

22 paragraph: 

23 ‘‘(2) The head of an element of the intelligence com24 munity to whom the authority in subsection (a) is dele25 gated pursuant to paragraph (1) may further delegate 


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1 such authority to such senior officials of such element as 

2 are specified in guidelines prescribed by the Director of 

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

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

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

6 this Act, the Director of National Intelligence shall pre7 scribe and submit to the congressional intelligence com8 mittees the guidelines referred to in paragraph (2) of sec9 tion 116(b) of the National Security Act of 1947, as added 

10 by subsection (a). 

11 (c) CONGRESSIONAL INTELLIGENCE COMMITTEES

12 DEFINED.—In this section, the term ‘‘congressional intel13 ligence committees’’ means— 

14 (1) the Select Committee on Intelligence of the 

15 Senate; and 

16 (2) the Permanent Select Committee on Intel17 ligence of the House of Representatives. 

18 SEC. 305. RETENTION AND USE OF AMOUNTS PAID AS 

19 DEBTS TO ELEMENTS OF THE INTELLIGENCE 

20 COMMUNITY. 

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

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

23 at the end the following new section: 


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

2 ELEMENTS OF THE INTELLIGENCE COMMUNITY

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

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

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

6 an element of the intelligence community may retain 

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

10 to the element of the intelligence community. 

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

12 Amounts retained under subsection (a) shall be credited 

13 to the current appropriation or account from which such 

14 funds were derived or whose expenditure formed the basis 

15 for the underlying activity from which the debt concerned 

16 arose. 

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

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

19 such appropriation or account, and shall be available in 

20 accordance with subsection (c). 

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

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

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

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

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1 priation or account, or such longer time as may be pro2 vided by law, for purposes as follows: 

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

4 damaged property of such element, the repair of 

5 such property or the replacement of such property 

6 with alternative property that will perform the same 

7 or similar functions as such property. 

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

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

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

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

17 loss of or damage to property of such element that 

18 was procured by such element using appropriated 

19 funds. 

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

23 the terms and conditions associated with a scholar24 ship, fellowship, or other educational assistance pro25 vided to such individual by such element, whether in 


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1 exchange for future services or otherwise, using ap2 propriated funds. 

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

4 element of the intelligence community by a private 

5 person or entity by reason of the negligent or willful 

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

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

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

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

11 the end the following new item: 

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

12 SEC. 306. AVAILABILITY OF FUNDS FOR TRAVEL AND 

13 TRANSPORTATION OF PERSONAL EFFECTS, 

14 HOUSEHOLD GOODS, AND AUTOMOBILES. 

15 (a) FUNDS OF OFFICE OF DIRECTOR OF NATIONAL

16 INTELLIGENCE.—Funds appropriated to the Office of the 

17 Director of National Intelligence and available for travel 

18 and transportation expenses shall be available for such ex19 penses when any part of the travel or transportation con20 cerned begins in a fiscal year pursuant to travel orders 

21 issued in such fiscal year, notwithstanding that such travel 

22 or transportation is or may not be completed during such 

23 fiscal year. 


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1 (b) FUNDS OF CENTRAL INTELLIGENCE AGENCY.— 

2 Funds appropriated to the Central Intelligence Agency 

3 and available for travel and transportation expenses shall 

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

5 or transportation concerned begins in a fiscal year pursu6 ant to travel orders issued in such fiscal year, notwith7 standing that such travel or transportation is or may not 

8 be completed during such fiscal year. 

9 (c) TRAVEL AND TRANSPORTATION EXPENSES DE10 FINED.—In this section, the term ‘‘travel and transpor11 tation expenses’’ means the following: 

12 (1) Expenses in connection with travel of per13 sonnel, including travel of dependents. 

14 (2) Expenses in connection with transportation 

15 of personal effects, household goods, or automobiles 

16 of personnel. 

17 SEC. 307. PURCHASES BY ELEMENTS OF THE INTEL18 LIGENCE COMMUNITY OF PRODUCTS OF FED19 ERAL PRISON INDUSTRIES. 

20 Section 404 of the Intelligence Authorization Act for 

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

22 is amended— 

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

24 Agency’’ and inserting ‘‘by an element of the intel25 ligence community (as defined in section 3(4) of the 


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1 National Security Act of 1947 (50 U.S.C. 

2 401a(4)))’’; and 

3 (2) by striking ‘‘the Director of the Central In4 telligence Agency determines that the product or 

5 service’’ and inserting ‘‘the head of that element de6 termines that the product or service (including a 

7 surveying or mapping service)’’. 

8 SEC. 308. ACCOUNTABILITY IN INTELLIGENCE CON9 TRACTING. 

10 (a) REPORT ON REGULATIONS GOVERNING INTEL11 LIGENCE COMMUNITY CONTRACTING.— 

12 (1) REPORT REQUIREMENT.—Not later than 90 

13 days after the date of the enactment of this Act, the 

14 Director of National Intelligence shall submit to the 

15 Permanent Select Committee on Intelligence of the 

16 House of Representatives and the Select Committee 

17 on Intelligence of the Senate a report on regulations 

18 governing covered contracts under the National In19 telligence Program and, at the discretion of the Di20 rector of National Intelligence, the Military Intel21 ligence Program. 

22 (2) MATTERS COVERED.— 

23 (A) The report required by paragraph (1) 

24 shall include a description of any relevant regu25 lations prescribed by the Director of National 


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1 Intelligence or by the heads of agencies in the 

2 intelligence community, including those relating 

3 to the following matters: 

4 (i) Types of functions or activities 

5 that may be appropriately carried out by 

6 contractors. 

7 (ii) Minimum standards regarding the 

8 hiring, training, security clearance, and as9 signment of contract personnel. 

10 (iii) Procedures for conducting over11 sight of covered contracts to ensure identi12 fication and prosecution of criminal viola13 tions; financial waste, fraud, or abuse; or 

14 other abuses committed by contractors or 

15 contract personnel. 

16 (B) The report also shall include a descrip17 tion of progress made by the Director of Na18 tional Intelligence in standardizing the regula19 tions described in subparagraph (A) across the 

20 different agencies of the National Intelligence 

21 Program to the extent practicable. 

22 (3) FORM OF REPORT.—The report required by 

23 paragraph (1) shall be in unclassified form, but may 

24 contain a classified annex if necessary. 


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1 (b) ACCOUNTABILITY REQUIREMENTS FOR CON2 TRACTS AWARDED BY INTELLIGENCE COMMUNITY AGEN3 CIES.— 

4 (1) INFORMATION ON INTELLIGENCE ACTIVI5 TIES TO BE PERFORMED.—Each covered contract in 

6 an amount greater than $1,000,000 shall require the 

7 contractor to provide to the contracting officer for 

8 the contract, not later than 5 days after award of 

9 the contract, the following information regarding in10 telligence activities performed under the contract: 

11 (A) Number of persons to be used to per12 form such functions. 

13 (B) A description of how such persons are 

14 trained to carry out tasks specified under the 

15 contract relating to such functions. 

16 (C) A description of each category of activ17 ity relating to such functions required by the 

18 contract. 

19 (2) UPDATES.—The information provided under 

20 paragraph (1) shall be updated during contract per21 formance as necessary. 

22 (3) INFORMATION ON COSTS.—Each covered 

23 contract shall include the following requirements: 

24 (A) Upon award of the contract, the con25 tractor shall provide to the contracting officer 


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1 cost estimates of salary, benefits, insurance, 

2 materials, logistics, administrative costs, and 

3 other costs of carrying out intelligence activities 

4 under the contract. 

5 (B) Before contract closeout (other than 

6 closeout of a firm, fixed price contract), the 

7 contractor shall provide to the contracting offi8 cer a report on the actual costs of carrying out 

9 intelligence activities under the contract, in the 

10 same categories as provided under subpara11 graph (A). 

12 (c) ACCOUNTABILITY REQUIREMENTS FOR CON13 TRACTING AGENCIES OF THE INTELLIGENCE COMMU14 NITY.— 

15 (1) REPORT REQUIREMENT.—Not later than 90 

16 days after the date of the enactment of this Act, and 

17 annually thereafter, the Director of National Intel18 ligence shall submit to the Permanent Select Com19 mittee on Intelligence of the House of Representa20 tives and the Select Committee on Intelligence of the 

21 Senate a report containing the information described 

22 in paragraph (2) on contracting activities in the in23 telligence community. 


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1 (2) MATTERS COVERED.—The report required 

2 by paragraph (1) shall include the following informa3 tion: 

4 (A) A list of contracts awarded for intel5 ligence activities by each agency in the intel6 ligence community during the one-year period 

7 preceding the date of submission of the report. 

8 (B) A description of the activities to be 

9 performed by contractors in fulfillment of each 

10 contract on the list under subparagraph (A), in11 cluding whether such activities are classified or 

12 unclassified. 

13 (C) The number of personnel carrying out 

14 work under each such contract. 

15 (D) The estimated cost of performance of 

16 the work required by each such contract. 

17 (d) RETENTION OF INTELLIGENCE COMMUNITY PRO18 FESSIONALS.— 

19 (1) REPORT REQUIREMENT.—Not later than 90 

20 days after the date of the enactment of this Act, the 

21 Director of National of Intelligence shall submit to 

22 the Permanent Select Committee on Intelligence of 

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1 ing, promotion, and retention of intelligence commu2 nity professionals. 

3 (2) MATTERS COVERED.— The report required 

4 by paragraph (1) shall include the following: 

5 (A) Recommendations regarding any bo6 nuses, benefits, or other inducements that 

7 would help the intelligence community to hire, 

8 promote, and retain its professional workforce 

9 in order to compete effectively against the at10 traction of private sector opportunities. 

11 (B) Recommendations regarding any policy 

12 changes, including changes to policies governing 

13 the awarding of security clearances, that may 

14 promote hiring, promotion, and retention of the 

15 intelligence community professional workforce. 

16 (C) A description of any additional author17 ity needed from Congress to implement the rec18 ommendations under subparagraphs (A) and 

19 (B). 

20 (3) FORM OF REPORT.—The report required by 

21 paragraph (1) shall be in unclassified form, but may 

22 contain a classified annex if necessary. 

23 (e) DEFINITIONS.—In this section: 

24 (1) INTELLIGENCE COMMUNITY.—The term 

25 ‘‘intelligence community’’ has the meaning given the 


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1 term in section 3(4) of the National Security Act of 

2 1947 (50 U.S.C. 401a(4)). 

3 (2) COVERED CONTRACT.—The term ‘‘covered 

4 contract’’ means— 

5 (A) a prime contract with any agency or 

6 office that is part of the intelligence community; 

7 (B) a subcontract at any tier under any 

8 prime contract with an office or agency referred 

9 to in subparagraph (A); or 

10 (C) a task order issued under a task or de11 livery order contract entered into by an office or 

12 agency referred to in subparagraph (A, if the 

13 work to be performed under the contract, sub14 contract, or task order includes intelligence ac15 tivities to be performed either within or outside 

16 the United States. 

17 TITLE IV—MATTERS RELATING 

18 TO ELEMENTS OF THE INTEL19 LIGENCE COMMUNITY 

20 Subtitle A—Office of the Director 

21 of National Intelligence 

22 SEC. 401. CLARIFICATION OF DELEGATION OF TRANSFER 

23 OR REPROGRAMMING AUTHORITY. 

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

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


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1 1011(a) of the National Security Intelligence Reform Act 

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

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

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

5 Central Intelligence Agency (in the case of the Central In6 telligence Agency)’’. 

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

8 OF THE OFFICE OF THE DIRECTOR OF NA9 TIONAL INTELLIGENCE. 

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

11 (50 U.S.C. 403–3(e)) is amended— 

12 (1) in the heading, by striking ‘‘WITH’’ and in13 serting ‘‘OF HEADQUARTERS WITH HEADQUARTERS

14 OF’’ ; 

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

16 ‘‘the Office’’; and 

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

19 SEC. 403. ADDITIONAL DUTIES OF THE DIRECTOR OF 

20 SCIENCE AND TECHNOLOGY OF THE OFFICE 

21 OF THE DIRECTOR OF NATIONAL INTEL22 LIGENCE. 

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

25 COMMUNITY.—Subsection (d) of section 103E of the NaVerDate Aug 31 2005 04:51 May 02, 2006 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H5020.PCS H5020

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1 tional Security Act of 1947 (50 U.S.C. 403–3e) is amend2 ed— 

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

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

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

6 paragraph: 

7 ‘‘(4) In carrying out paragraph (3)(A), the Com8 mittee shall identify basic, advanced, and applied research 

9 programs to be carried out by elements of the intelligence 

10 community.’’. 

11 (b) DEVELOPMENT OF TECHNOLOGY GOALS.—Such 

12 section is further amended— 

13 (1) in subsection (c)— 

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

15 the end; 

16 (B) by redesignating paragraph (5) as 

17 paragraph (6); and 

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

19 following new paragraph: 

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

21 the elements of the intelligence community to meet 

22 the technology needs of the intelligence community; 

23 and’’; and 

24 (2) by adding at the end the following new sub25 section: 


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1 ‘‘(e) GOALS FOR TECHNOLOGY NEEDS OF INTEL2 LIGENCE COMMUNITY.—In carrying out subsection (c)(5), 

3 the Director of Science and Technology shall— 

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

5 significant intelligence challenges that require tech6 nical solutions; and 

7 ‘‘(2) examine options to enhance the responsive8 ness of research and design programs of elements of 

9 the intelligence community to meet the requirements 

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

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

12 Director of National Intelligence shall submit to Congress 

13 a report containing a strategy for the development and 

14 use of technology in the intelligence community through 

15 2021. 

16 (2) The report shall include— 

17 (A) an assessment of the highest priority intel18 ligence gaps across the intelligence community that 

19 may be resolved by the use of technology; 

20 (B) goals for advanced research and develop21 ment and a strategy to achieve such goals; 

22 (C) an explanation of how each advanced re23 search and development project funded under the 

24 National Intelligence Program addresses an identi25 fied intelligence gap; 


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

2 and development projects by research type (basic, 

3 advanced, or applied) with estimated funding levels, 

4 estimated initiation dates, and estimated completion 

5 dates; and 

6 (E) a plan to incorporate technology from re7 search and development projects into National Intel8 ligence Program acquisition programs. 

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

10 SEC. 404. APPOINTMENT AND TITLE OF CHIEF INFORMA11 TION OFFICER OF THE INTELLIGENCE COM12 MUNITY. 

13 (a) APPOINTMENT.— 

14 (1) IN GENERAL.—Subsection (a) of section 

15 103G of the National Security Act of 1947 (50 

16 U.S.C. 403–3g) is amended by striking ‘‘the Presi17 dent, by and with the advice and consent of the Sen18 ate’’ and inserting ‘‘the Director of National Intel19 ligence’’. 

20 (2) APPLICABILITY.—The amendment made by 

21 paragraph (1) shall take effect on the date of the en22 actment of this Act, and shall apply with respect to 

23 any nomination of an individual as Chief Informa24 tion Officer of the Intelligence Community that is 

25 made on or after that date. 


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

2 (1) in subsection (a), by inserting ‘‘of the Intel3 ligence Community’’ after ‘‘Chief Information Offi4 cer’’; 

5 (2) in subsection (b), by inserting ‘‘of the Intel6 ligence Community’’ after ‘‘Chief Information Offi7 cer’’; 

8 (3) in subsection (c), by inserting ‘‘of the Intel9 ligence Community’’ after ‘‘Chief Information Offi10 cer’’; and 

11 (4) in subsection (d), by inserting ‘‘of the Intel12 ligence Community’’ after ‘‘Chief Information Offi13 cer’’. 

14 SEC. 405. LEADERSHIP AND LOCATION OF CERTAIN OF15 FICES AND OFFICIALS. 

16 (a) NATIONAL COUNTER PROLIFERATION CEN17 TER.—Section 119A(a) of the National Security Act of 

18 1947 (50 U.S.C. 404o–1(a)) is amended— 

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

20 than 18 months after the date of the enactment of 

21 the National Security Intelligence Reform Act of 

22 2004, the’’ and inserting ‘‘(1) ESTABLISHMENT.— 

23 The’’; and 

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

25 paragraphs: 


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

2 Proliferation Center shall be the Director of the National 

3 Counter Proliferation Center, who shall be appointed by 

4 the Director of National Intelligence. 

5 ‘‘(3) LOCATION.—The National Counter Prolifera6 tion Center shall be located within the Office of the Direc7 tor of National Intelligence.’’. 

8 (b) OFFICERS.—Section 103(c) of that Act (50 

9 U.S.C. 403–3(c)) is amended— 

10 (1) by redesignating paragraph (9) as para11 graph (13); 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 Inspector General of the intelligence 

17 community. 

18 ‘‘(11) The Director of the National 

19 Counterterrorism Center. 

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

21 Proliferation Center.’’. 


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1 SEC. 406. ELIGIBILITY FOR INCENTIVE AWARDS OF PER2 SONNEL ASSIGNED TO THE OFFICE OF THE 

3 DIRECTOR OF NATIONAL INTELLIGENCE. 

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

5 the Intelligence Authorization Act for Fiscal Year 1984 

6 (50 U.S.C. 403e–1) is amended to read as follows: 

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

8 The Director of National Intelligence may exercise the au9 thority granted in section 4503 of title 5, United States 

10 Code, with respect to Federal employees and members of 

11 the Armed Forces detailed or assigned to the Office of 

12 the Director of National Intelligence in the same manner 

13 as such authority may be exercised with respect to per14 sonnel of the Office. 

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

16 may exercise the authority granted in section 4503 of title 

17 5, United States Code, with respect to Federal employees 

18 and members of the Armed Forces detailed or assigned 

19 to the Central Intelligence Agency in the same manner as 

20 such authority may be exercised with respect to personnel 

21 of the Agency.’’. 

22 (b) REPEAL OF OBSOLETE AUTHORITY.—Such sec23 tion is further amended— 

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

25 (2) by redesignating subsection (d) as sub26 section (c). 


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1 (c) CONFORMING AMENDMENTS.—Such section is 

2 further amended— 

3 (1) in subsection (b), by striking ‘‘to the Cen4 tral Intelligence Agency or to the Intelligence Com5 munity Staff’’ and inserting ‘‘to the Office of the Di6 rector of National Intelligence or to the Central In7 telligence Agency’’; and 

8 (2) in subsection (c), as redesignated by sub9 section (b)(2) of this section, by striking ‘‘Director 

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

11 National Intelligence or Director of the Central In12 telligence Agency’’. 

13 (d) TECHNICAL AND STYLISTIC AMENDMENTS.— 

14 That section is further amended— 

15 (1) in subsection (b)— 

16 (A) by inserting ‘‘PERSONNEL ELIGIBLE

17 FOR AWARDS.—’’ after ‘‘(b)’’; 

18 (B) by striking ‘‘subsection (a) of this sec19 tion’’ and inserting ‘‘subsection (a)’’; and 

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

21 the date of enactment of this section’’ and in22 serting ‘‘December 9, 1978’’; and 

23 (2) in subsection (c), as so redesignated, by in24 serting ‘‘PAYMENT AND ACCEPTANCE OF

25 AWARDS.—’’ after ‘‘(c)’’. 


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1 SEC. 407. REPEAL OF CERTAIN AUTHORITIES RELATING TO 

2 THE OFFICE OF THE NATIONAL COUNTER3 INTELLIGENCE EXECUTIVE. 

4 (a) REPEAL OF CERTAIN AUTHORITIES.—Section 

5 904 of the Counterintelligence Enhancement Act of 2002 

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

7 amended— 

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

9 (j); and 

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

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

12 respectively. 

13 (b) CONFORMING AMENDMENTS.—That section is 

14 further amended— 

15 (1) in subsection (d), as redesignated by sub16 section (a)(2) of this section, by striking ‘‘subsection 

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

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

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

20 striking ‘‘subsection (e)(2)’’ and inserting ‘‘sub21 section (d)(2)’’. 

22 SEC. 408. MEMBERSHIP OF THE DIRECTOR OF NATIONAL 

23 INTELLIGENCE ON THE TRANSPORTATION 

24 SECURITY OVERSIGHT BOARD. 

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

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


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

2 or the Director’s designee.’’. 

3 SEC. 409. TEMPORARY INAPPLICABILITY TO THE OFFICE 

4 OF THE DIRECTOR OF NATIONAL INTEL5 LIGENCE OF CERTAIN FINANCIAL REPORT6 ING REQUIREMENTS. 

7 The Director of National Intelligence shall not be re8 quired to submit an audited financial statement under sec9 tion 3515 of title 31, United States Code, for the Office 

10 of the Director of National Intelligence with respect to fis11 cal year 2005 or 2006. 

12 SEC. 410. COMPREHENSIVE INVENTORY OF SPECIAL AC13 CESS PROGRAMS. 

14 Not later than January 15, 2007, the Director of Na15 tional Intelligence shall submit to the congressional intel16 ligence committees (as defined in section 3(7) of the Na17 tional Security Act of 1947 (50 U.S.C. 401a(7))) a classi18 fied report providing a comprehensive inventory of all spe19 cial access programs under the National Intelligence Pro20 gram (as defined in section 3(6) of the National Security 

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

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

23 CLEARANCES. 

24 It is the sense of Congress that the Director of Na25 tional Intelligence should promptly establish and oversee 


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1 the implementation of a multi-level security clearance sys2 tem across the intelligence community to leverage the cul3 tural and linguistic skills of subject matter experts and 

4 individuals proficient in foreign languages critical to na5 tional security. 

6 SEC. 412. ACCESS TO INFORMATION BY STAFF AND MEM7 BERS OF THE CONGRESSIONAL INTEL8 LIGENCE COMMITTEES. 

9 Not later than 180 days after the date of the enact10 ment of this Act, the Director of National Intelligence 

11 shall provide to the members and staff of the Permanent 

12 Select Committee on Intelligence of the House of Rep13 resentatives and the Select Committee on Intelligence of 

14 the Senate accounts for and access to the Intelink System 

15 (or any successor system) through the Joint Worldwide 

16 Intelligence Communications System (or any successor 

17 system). Such access shall include access up to and includ18 ing the level of sensitive compartmented information and 

19 shall be provided in the sensitive compartmented informa20 tion facilities of each Committee. 

21 SEC. 413. STUDY ON REVOKING PENSIONS OF PERSONS 

22 WHO COMMIT UNAUTHORIZED DISCLOSURES 

23 OF CLASSIFIED INFORMATION. 

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

25 shall conduct a study on the feasibility of revoking the 


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1 pensions of personnel in the intelligence community (as 

2 defined in section 3(4) of the National Security Act of 

3 1947 (50 U.S.C. 401a(4))) who commit unauthorized dis4 closures of classified information, including whether revok5 ing such pensions is feasible under existing law or under 

6 the administrative authority of the Director of National 

7 Intelligence or any other head of an element of the intel8 ligence community. 

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

10 of the enactment of this Act, the Director of National In11 telligence shall submit to the Permanent Select Committee 

12 on Intelligence of the House of Representatives and the 

13 Select Committee on Intelligence of the Senate a report 

14 containing the results of the study conducted under sub15 section (a). 

16 Subtitle B—Central Intelligence 

17 Agency 

18 SEC. 421. ENHANCED PROTECTION OF CENTRAL INTEL19 LIGENCE AGENCY INTELLIGENCE SOURCES 

20 AND METHODS FROM UNAUTHORIZED DIS21 CLOSURE. 

22 (a) RESPONSIBILITY OF DIRECTOR OF CENTRAL IN23 TELLIGENCE AGENCY UNDER NATIONAL SECURITY ACT

24 OF 1947.—Subsection (d) of section 104A of the National 

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


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

2 end; 

3 (2) by redesignating paragraph (4) as para4 graph (5); and 

5 (3) by inserting after paragraph (3) the fol6 lowing new paragraph: 

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

8 the Central Intelligence Agency from unauthorized 

9 disclosure, consistent with any direction issued by 

10 the President or the Director of National Intel11 ligence; and’’. 

12 (b) PROTECTION UNDER CENTRAL INTELLIGENCE

13 AGENCY ACT OF 1949.—Section 6 of the Central Intel14 ligence Agency Act of 1949 (50 U.S.C. 403g) is amended 

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

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

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

18 U.S.C. 403–1(i), 403–4a(d)(4))’’. 

19 (c) TECHNICAL AMENDMENTS TO CENTRAL INTEL20 LIGENCE AGENCY RETIREMENT ACT.—Section 201(c) of 

21 the Central Intelligence Agency Retirement Act (50 

22 U.S.C. 2011(c)) is amended— 

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

24 DCI’’; 


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

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

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

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

5 Agency’’ after ‘‘methods’’. 

6 SEC. 422. ADDITIONAL EXCEPTION TO FOREIGN LANGUAGE 

7 PROFICIENCY REQUIREMENT FOR CERTAIN 

8 SENIOR LEVEL POSITIONS IN THE CENTRAL 

9 INTELLIGENCE AGENCY. 

10 (a) ADDITIONAL EXCEPTION.—Subsection (g) of sec11 tion 104A of the National Security Act of 1947 (50 U.S.C. 

12 403–4a) is amended— 

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

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

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

16 category of positions’’ each place it appears and in17 serting ‘‘individual, individuals, position, or category 

18 of positions’’; and 

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

20 paragraph: 

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

22 in the Directorate of Intelligence or the Directorate of Op23 erations of the Central Intelligence Agency who is serving 

24 in a Senior Intelligence Service position as of December 


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1 23, 2005, regardless of whether such individual is a mem2 ber of the Senior Intelligence Service.’’. 

3 (b) REPORT ON WAIVERS.—Section 611(c) of the In4 telligence Authorization Act for Fiscal Year 2005 (Public 

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

6 (1) in the first sentence, by inserting ‘‘individ7 uals or’’ before ‘‘positions’’; and 

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

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

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

11 SEC. 423. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR 

12 PROTECTIVE PERSONNEL OF THE CENTRAL 

13 INTELLIGENCE AGENCY. 

14 (a) PROTECTION OF CERTAIN PERSONS.—Section 

15 5(a)(4) of the Central Intelligence Agency Act of 1949 (50 

16 U.S.C. 403f(a)(4)) is amended— 

17 (1) by striking ‘‘and the protection’’ and insert18 ing ‘‘the protection’’; and 

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

20 and the protection of the Director of National Intel21 ligence and such personnel of the Office of the Di22 rector of National Intelligence as the Director of Na23 tional Intelligence may designate;’’. 

24 (b) AUTHORITY TO ARREST.— 


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

2 Code, is amended by adding at the end the fol3 lowing: 

4 ‘‘§ 3065. Powers of authorized personnel in the Cen5 tral Intelligence Agency 

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

7 may issue regulations to allow personnel designated to 

8 carry out protective functions for the Central Intelligence 

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

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

11 in such protective functions, make arrests without a war12 rant for any offense against the United States committed 

13 in the presence of such personnel, or for any felony cog14 nizable under the laws of the United States, if such per15 sonnel have probable cause to believe that the person to 

16 be arrested has committed or is committing that felony 

17 offense. 

18 ‘‘(b) The powers granted under subsection (a) may 

19 be exercised only in accordance with guidelines approved 

20 by the Attorney General.’’. 

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

22 chapter 203 of title 18, United States Code, is 

23 amended 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 in5 serting 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 com17 munity submits to the Director of National Intelligence 

18 notice of the intention to provide such personnel and an 

19 assessment 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 

25 community 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 offi2 cial for not more than one year after the termination of 

3 the employment of such former official if such former offi4 cial requests such protection. 

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

6 than 180 days after the date on which the head of an ele7 ment of the intelligence community begins providing per8 sonnel for the protection of a former official of an element 

9 of the intelligence community, and at least every 180 days 

10 thereafter until such head of an element of the intelligence 

11 community determines that there is no longer a threat to 

12 such former official, such head of an element of the intel13 ligence community shall submit to the Director of Na14 tional Intelligence an updated assessment of the threat to 

15 such former official and the level of protective services nec16 essary to protect such former official based on such threat. 

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

18 the head of an element of the intelligence community that 

19 is providing personnel for the protection of a former offi20 cial of an element of the intelligence community pursuant 

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

22 threat to such former official, such head of an element 

23 of the intelligence community shall cease providing per24 sonnel for the protection of such former official not later 


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1 than 30 days after determining such threat no longer ex2 ists. 

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

4 on which the head of an element of the intelligence com5 munity begins providing personnel for the protection of 

6 a former official of an element of the intelligence commu7 nity, the Director of National Intelligence shall submit to 

8 the congressional intelligence committees notice of the pro9 vision of personnel for the protection of such former offi10 cial.’’. 

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

12 such Act is amended by— 

13 (1) striking the second item relating to section 

14 301; 

15 (2) striking the second item relating to section 

16 302; 

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

18 305, and 306; and 

19 (4) inserting after the item relating to section 

20 303 the following new item: 

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

21 SEC. 425. STRATEGIC REVIEW PROCESS. 

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

23 (50 U.S.C. 403–1(f)) is amended by adding at the end 

24 the following new paragraph: 


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

2 four years thereafter, the Director of National Intelligence 

3 shall, in consultation with the heads of the elements of 

4 the intelligence community, manage and oversee the con5 duct of a strategic review of the intelligence community 

6 to develop intelligence capabilities required to address 

7 threats to national security. Such review shall analyze 

8 near-term, mid-term, and future threats to national secu9 rity and shall include estimates of the allocation of re10 sources and structural change that should be reflected in 

11 future budget requests.’’. 

12 Subtitle C—Defense Intelligence 

13 Components 

14 SEC. 431. ENHANCEMENTS OF NATIONAL SECURITY AGEN15 CY TRAINING PROGRAM. 

16 (a) TERMINATION OF EMPLOYEES.—Subsection 

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

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

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

20 ‘‘terminated— 

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

22 the employee; 

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

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

25 employee to maintain such level of academic 


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1 standing in the educational course of training 

2 as the Director of the National Security Agency 

3 shall have specified in the agreement of the em4 ployee under this subsection; and’’. 

5 (b) AUTHORITY TO WITHHOLD DISCLOSURE OF AF6 FILIATION WITH NSA.—Subsection (e) of such section is 

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

8 follows through ‘‘(2) Agency efforts’’ and inserting ‘‘Agen9 cy efforts’’. 

10 SEC. 432. CODIFICATION OF AUTHORITIES OF NATIONAL 

11 SECURITY AGENCY PROTECTIVE PER12 SONNEL. 

13 (a) PROTECTION OF CERTAIN PERSONS.—The Na14 tional Security Agency Act of 1959 (50 U.S.C. 402 note) 

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

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

17 personnel of the Agency to perform protective functions 

18 for the Director and for any personnel of the Agency des19 ignated by the Director. 

20 ‘‘(b) Nothing in this section shall be construed to im21 pair or otherwise affect any authority under any other pro22 vision of law relating to the performance of protective 

23 functions.’’. 

24 (b) AUTHORITY TO ARREST.— 


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

2 Code, as amended by section 423 of this Act, is 

3 amended by adding at the end the following: 

4 ‘‘§ 3066. Powers of authorized personnel in the Na5 tional Security Agency 

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

7 may issue regulations to allow personnel designated to 

8 carry out protective functions for the Agency to— 

9 ‘‘(1) carry firearms; and 

10 ‘‘(2) make arrests without warrant for any of11 fense against the United States committed in the 

12 presence of such personnel, or for any felony cog13 nizable under the laws of the United States, if such 

14 personnel have probable cause to believe that the 

15 person to be arrested has committed or is commit16 ting that felony offense. 

17 ‘‘(b) The powers granted under subsection (a) may 

18 be exercised only in accordance with guidelines approved 

19 by the Attorney General.’’. 

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions at the beginning of chapter 203 of title 18, 

22 United States Code, as amended by section 423 of 

23 this Act, is amended by adding at the end the fol24 lowing: 

‘‘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), by inserting ‘‘the 

9 Coast Guard’’ after ‘‘the Marine Corps’’; 

10 (2) in subparagraph (K), by striking ‘‘, includ11 ing the Office of Intelligence of the Coast Guard’’; 

12 (3) by redesignating subparagraph (L) as sub13 paragraph (M); and 

14 (4) by inserting after subparagraph (K) the fol15 lowing new subparagraph: 

16 ‘‘(L) The Office of National Security Intel17 ligence of the Drug Enforcement Administra18 tion.’’. 

19 SEC. 442. CLARIFYING AMENDMENTS RELATING TO SEC20 TION 105 OF THE INTELLIGENCE AUTHORIZA21 TION ACT FOR FISCAL YEAR 2004. 

22 Section 105(b) of the Intelligence Authorization Act 

23 for Fiscal Year 2004 (Public Law 108–177; 117 Stat. 

24 2603; 31 U.S.C. 311 note) is amended— 


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1 (1) by striking ‘‘Director of Central Intel2 ligence’’ and inserting ‘‘Director of National Intel3 ligence’’; and 

4 (2) by inserting ‘‘or in section 313 of such 

5 title,’’ after ‘‘subsection (a)),’’. 

6 TITLE V—OTHER MATTERS 

7 SEC. 501. AERIAL RECONNAISSANCE PLATFORMS. 

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

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

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

11 Secretary certifies in accordance with subsection (b) that 

12 there would be no loss of national or Department of De13 fense intelligence, surveillance, and reconnaissance (ISR) 

14 capabilities in transitioning from the U–2 aircraft pro15 gram to the Global Hawk RQ–4 unmanned aerial vehicle 

16 platform. 

17 (b) REPORT AND CERTIFICATION.— 

18 (1) STUDY.—The Secretary of Defense shall 

19 conduct a study of aerial reconnaissance platforms 

20 to determine whether the Global Hawk RQ–4 un21 manned aerial vehicle has reached mission capability 

22 and has attained collection capabilities on a par with 

23 the collection capabilities of the U–2 Block 20 air24 craft program as of April 1, 2006. 


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1 (2) REPORT.—The Secretary shall submit to 

2 the congressional committees specified in subsection 

3 (c) a report containing the results of the study. The 

4 Secretary shall include in the report the Secretary’s 

5 determination as to whether the Global Hawk RQ– 

6 4 unmanned aerial vehicle— 

7 (A) has reached mission capability; and 

8 (B) has attained collection capabilities on a 

9 par with the collection capabilities of the U–2 

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

11 (3) CERTIFICATION.—The Secretary shall in12 clude with the report the Secretary’s certification, 

13 based on the results of the study, as to whether or 

14 not there would be a loss of national or Department 

15 of Defense intelligence, surveillance, and reconnais16 sance capabilities with a transition from the U–2 

17 aircraft program to the Global Hawk RQ–4 un18 manned aerial vehicle platform. 

19 (c) SPECIFIED COMMITTEES.—The congressional 

20 committees specified in this subsection are the following: 

21 (1) The Committee on Armed Services and the 

22 Select Committee on Intelligence of the Senate. 

23 (2) The Committee on Armed Services and the 

24 Permanent Select Committee on Intelligence of the 

25 House of Representatives. 


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1 SEC. 502. ELIMINATION OF CERTAIN REPORTING REQUIRE2 MENTS. 

3 (a) INTELLIGENCE SHARING WITH UN.—Section 

4 112 of the National Security Act of 1947 (50 U.S.C. 

5 404g) is amended by striking subsection (b). 

6 (b) IMPROVEMENT OF FINANCIAL STATEMENTS FOR

7 AUDITING PURPOSES.—The National Security Act of 

8 1947 (50 U.S.C. 401 et seq.) is amended— 

9 (1) by striking section 114A; and 

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

11 by striking the item relating to section 114A. 

12 (c) FINANCIAL INTELLIGENCE ON TERRORIST AS13 SETS.—The National Security Act of 1947 (50 U.S.C. 401 

14 et seq.) is amended— 

15 (1) by striking section 118; and 

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

17 by striking the item relating to section 118. 

18 (d) COUNTERDRUG INTELLIGENCE.—The Intel19 ligence Authorization Act for Fiscal Year 2003 (Public 

20 Law 107–306) is amended— 

21 (1) by striking section 826; and 

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

23 striking the item relating to section 826. 


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1 SEC. 503. TECHNICAL AMENDMENTS TO THE NATIONAL SE2 CURITY ACT OF 1947. 

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

4 et seq.) is amended as follows: 

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

6 (A) in subsection (c)(7)(A), by striking 

7 ‘‘section’’ and inserting ‘‘subsection’’; 

8 (B) in subsection (d)— 

9 (i) in paragraph (3), by striking ‘‘sub10 paragraph (A)’’ in the matter preceding 

11 subparagraph (A) and inserting ‘‘para12 graph (1)(A)’’; and 

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

14 ‘‘or personnel’’ in the matter preceding 

15 clause (i); and 

16 (C) in subsection (l)(2)(B), by striking 

17 ‘‘section’’ and inserting ‘‘paragraph’’. 

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

19 404o(c)(2)(B)), by striking ‘‘subsection (h)’’ and in20 serting ‘‘subsection (i)’’. 

21 SEC. 504. TECHNICAL CLARIFICATION OF CERTAIN REF22 ERENCES TO JOINT MILITARY INTELLIGENCE 

23 PROGRAM AND TACTICAL INTELLIGENCE 

24 AND RELATED ACTIVITIES. 

25 Section 102A of the National Security Act of 1947 

26 (50 U.S.C. 403–1) is amended— 


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

2 budgets for the Joint Military Intelligence Program 

3 and for Tactical Intelligence and Related Activities’’ 

4 and inserting ‘‘annual budget for the Military Intel5 ligence Program or any successor program or pro6 grams’’; and 

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

8 Military Intelligence Program’’ and inserting ‘‘Mili9 tary Intelligence Program or any successor program 

10 or programs’’. 

11 SEC. 505. TECHNICAL AMENDMENTS TO THE INTEL12 LIGENCE REFORM AND TERRORISM PREVEN13 TION ACT OF 2004. 

14 (a) AMENDMENTS TO NATIONAL SECURITY INTEL15 LIGENCE REFORM ACT OF 2004.—The National Security 

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

17 108–458) is amended as follows: 

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

19 458(e)(10)(B)), by striking ‘‘Attorney General’’ the 

20 second place it appears and inserting ‘‘Department 

21 of Justice’’. 

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

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

24 ‘‘National Intelligence Director’’ and inserting 

25 ‘‘Director of National Intelligence’’; and 


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1 (B) in subsection (h), by striking ‘‘Na2 tional Intelligence Director’’ and inserting ‘‘Di3 rector of National Intelligence’’. 

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

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

6 after ‘‘INTELLIGENCE’’. 

7 (b) OTHER AMENDMENTS TO INTELLIGENCE RE8 FORM AND TERRORISM PREVENTION ACT OF 2004.—The 

9 Intelligence Reform and Terrorism Prevention Act of 

10 2004 (Public Law 108–458) is amended as follows: 

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

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

13 before ‘‘an institutional culture’’; 

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

15 National Intelligence Director in a manner con16 sistent with section 112(e)’’ and inserting ‘‘the 

17 Director of National Intelligence in a manner 

18 consistent with applicable law’’; and 

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

20 in the matter preceding paragraph (1) and in21 serting ‘‘shall’’. 

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

23 (A) in paragraph (2), by striking ‘‘the 

24 Federal’’ and inserting ‘‘Federal’’; and 


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1 (B) in paragraph (3), by striking ‘‘the spe2 cific’’ and inserting ‘‘specific’’. 

3 SEC. 506. TECHNICAL AMENDMENT TO THE CENTRAL IN4 TELLIGENCE AGENCY ACT OF 1949. 

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

6 Act of 1949 (50 U.S.C. 403f(a)(1)) is amended by striking 

7 ‘‘authorized under paragraphs (2) and (3) of section 

8 102(a), subsections (c)(7) and (d) of section 103, sub9 sections (a) and (g) of section 104, and section 303 of 

10 the National Security Act of 1947 (50 U.S.C. 403(a)(2), 

11 (3), 403–3(c)(7), (d), 403–4(a), (g), and 405)’’ and insert12 ing ‘‘authorized under subsections (c), (d), (e), and (f) of 

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

14 U.S.C. 403–4a)’’. 

15 SEC. 507. TECHNICAL AMENDMENTS RELATING TO THE 

16 MULTIYEAR NATIONAL INTELLIGENCE PRO17 GRAM. 

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

19 the National Defense Authorization Act for Fiscal Year 

20 1991 (50 U.S.C. 404b) is amended— 

21 (1) in the subsection heading, by striking 

22 ‘‘FOREIGN’’; and 

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

24 (b) RESPONSIBILITY OF DNI.—That section is fur25 ther amended— 


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1 (1) in subsections (a) and (c), by striking ‘‘Di2 rector of Central Intelligence’’ and inserting ‘‘Direc3 tor of National Intelligence’’; and 

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

5 Intelligence’’ after ‘‘Director’’. 

6 (c) CONFORMING AMENDMENT.—The heading of 

7 that section is amended to read as follows: 

8 ‘‘SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PRO9 GRAM.’’. 

10 SEC. 508. TECHNICAL AMENDMENTS TO THE EXECUTIVE 

11 SCHEDULE. 

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

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

14 item relating to the Director of Central Intelligence and 

15 inserting the following new item: 

16 ‘‘Director of the Central Intelligence Agen17 cy.’’. 

18 (b) 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 Di24 rector of National Intelligence.’’. 


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1 SEC. 509. 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 (x)). 

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

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 


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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)(1) of the Ethics in Government Act of 1978 (5 

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

23 and Mapping Agency’’ and inserting ‘‘National 

24 Geospatial-Intelligence Agency’’. 


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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’’. 

10 SEC. 510. REPORT ON AUTHORIZATION TO OVERTHROW 

11 DEMOCRATICALLY ELECTED GOVERNMENTS. 

12 Not later than 120 days after the date of the enact13 ment of this Act, the President shall submit to the Perma14 nent Select Committee on Intelligence of the House of 

15 Representatives and the Select Committee on Intelligence 

16 of the Senate a report describing any authorization grant17 ed during the 10-year period ending on the date of the 

18 enactment of this Act to engage in intelligence activities 

19 related to the overthrow of a democratically elected gov20 ernment. 

21 SEC. 511. REPORT ON INTELLIGENCE RELATING TO INSUR22 GENT FORCES IN IRAQ. 

23 Not later than 90 days after the date of the enact24 ment of this Act, and every 90 days thereafter, the Direc25 tor of National Intelligence shall submit to Congress a reVerDate Aug 31 2005 04:51 May 02, 2006 Jkt 049200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H5020.PCS H5020

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1 port, in classified form, on intelligence relating to the dis2 position of insurgent forces in Iraq fighting against Coali3 tion forces and the forces of the Government of Iraq, in4 cluding— 

5 (1) an estimate of the number of insurgent 

6 forces; 

7 (2) an estimate of the number of insurgent 

8 forces that are— 

9 (A) former members of the Ba’ath Party; 

10 and 

11 (B) members of al Qaeda or other terrorist 

12 organizations; 

13 (3) a description of where in Iraq the insurgent 

14 forces are located; 

15 (4) a description of the capability of the insur16 gent forces; and 

17 (5) a description of how the insurgent forces 

18 are funded. 

19 SEC. 512. SENSE OF CONGRESS REGARDING UNAUTHOR20 IZED DISCLOSURE OF CLASSIFIED INFORMA21 TION. 

22 (a) FINDINGS.—Congress finds the following: 

23 (1) The Supreme Court has unequivocally rec24 ognized that the Constitution vests the President 

25 with the authority to protect national security inforVerDate Aug 31 2005 04:51 May 02, 2006 Jkt 049200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H5020.PCS H5020

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1 mation as head of the Executive Branch and as 

2 Commander-in-Chief. 

3 (2) The Supreme Court has recognized a com4 pelling government interest in withholding national 

5 security information from unauthorized persons. 

6 (3) The Supreme Court has recognized that se7 crecy agreements for government employees are a 

8 reasonable means for protecting this vital interest. 

9 (4) The Supreme Court has noted that ‘‘It 

10 should be obvious that no one has a ‘right’ to a se11 curity clearance’’. 

12 (5) Unauthorized disclosures of classified infor13 mation relating to national security are most dam14 aging when they have the potential to compromise 

15 intelligence sources and methods and ongoing intel16 ligence operations. 

17 (6) Potential unauthorized disclosures of classi18 fied information have impeded relationships with for19 eign intelligence services and the effectiveness of the 

20 Global War on Terrorism. 

21 (7) Media corporations and journalists have im22 properly profited financially from publishing pur23 ported unauthorized disclosures of classified infor24 mation. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that the President should utilize the constitutional 

3 authority of the President to the fullest practicable extent, 

4 where warranted, to classify and protect national security 

5 information relating to intelligence activities and informa6 tion and to take effective action against persons who com7 mit unauthorized disclosures of classified information re8 lating to intelligence activities and information contrary 

9 to law and voluntary secrecy agreements. 

10 TITLE VI—COMMUNICATION OF 

11 INFORMATION CONCERNING 

12 TERRORIST THREATS 

13 SEC. 601. IDENTIFICATION OF BEST PRACTICES. 

14 (a) STUDY.—The Secretary of Homeland Security 

15 and the Director of National Intelligence shall conduct 

16 jointly, or contract with an entity to conduct, a study of 

17 the operations of Federal, State, and local government en18 tities to identify best practices for the communication of 

19 information concerning a terrorist threat. 

20 (b) CONTENTS.— 

21 (1) IDENTIFICATION OF BEST PRACTICES.—The 

22 study conducted under this section shall be focused 

23 on an analysis and identification of the best prac24 tices of the information sharing processes of the fol25 lowing government entities: 


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1 (A) Joint Terrorism Task Forces, which 

2 are operated by the Federal Bureau of Inves3 tigations with the participation of local law en4 forcement agencies. 

5 (B) State Homeland Security Fusion Cen6 ters, which are established by a State and share 

7 information with Federal departments. 

8 (C) The Homeland Security Operations 

9 Center, which is operated by the Department of 

10 Homeland Security for the purposes of coordi11 nating information. 

12 (D) State and local law enforcement agen13 cies that collect, utilize, and disseminate infor14 mation on potential terrorist attacks. 

15 (E) The appropriate elements of the intel16 ligence community, as defined in section 3 of 

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

18 401a), involved in the sharing of counter-ter19 rorism information. 

20 (2) COORDINATION OF GOVERNMENT ENTI21 TIES.—The study conducted under this section shall 

22 include an examination of methods for coordinating 

23 the activities of Federal, State, and local entities in 

24 responding to a terrorist threat, and specifically the 

25 communication to the general public of information 


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1 concerning the threat. The study shall not include 

2 an examination of the sources and methods used in 

3 the collection of the information. 

4 (c) OBTAINING OFFICIAL DATA.—In conducting the 

5 study, the Secretary, in conjunction with the Director, 

6 with due regard for the protection of classified informa7 tion, may secure directly from any department or agency 

8 of the United States information necessary to enable the 

9 Secretary to carry out this section. Classified information 

10 shall be handled through established methods for control11 ling such information. 

12 (d) TEMPORARY DUTY OF FEDERAL PERSONNEL.— 

13 The Secretary, in conjunction with the Director, may re14 quest the head of any department or agency of the United 

15 States to detail to temporary duty personnel within the 

16 administrative jurisdiction of the head of the department 

17 or agency that the Secretary may need to carry out this 

18 section, each detail to be without loss of seniority, pay, 

19 or other employee status. 

20 (e) REPORT.— 

21 (1) IN GENERAL.—Not later than 6 months 

22 after the date of enactment of this Act, the Sec23 retary, in conjunction with the Director, shall submit 

24 to Congress a report that contains— 


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1 (A) a detailed statement of the findings 

2 and conclusions of the study, including identi3 fication of the best practices for the processing, 

4 analysis, and dissemination of information be5 tween the government entities referred to in 

6 subsection (b)(1); and 

7 (B) recommendations for a formalized 

8 process of consultation, communication, and 

9 confidentiality between Federal, State, and local 

10 governments, incorporating the best practices of 

11 the various entities studied, to facilitate com12 munication and help prevent the unauthorized 

13 dissemination of information and criticism of 

14 decisions concerning terrorist threats. 

15 (2) CLASSIFIED INFORMATION.—To the extent 

16 determined appropriate by the Secretary, in conjunc17 tion with the Director, the Secretary may submit a 

18 portion of the report in classified form. 

19 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to carry out this section 

21 $5,000,000 for fiscal year 2007. 

22 SEC. 602. CENTERS OF BEST PRACTICES. 

23 (a) IN GENERAL.—The Secretary of Homeland Secu24 rity, in consultation with the Director of National Intel25 ligence, shall make grants for the establishment and operVerDate Aug 31 2005 04:51 May 02, 2006 Jkt 049200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H5020.PCS H5020

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1 ation of 3 centers to implement the best practices, identi2 fied by the study conducted under section 601, for the 

3 processing, analysis, and dissemination of information 

4 concerning a terrorist threat (in this section, each referred 

5 to as a ‘‘Center’’). 

6 (b) LOCATION OF CENTERS.—In carrying out sub7 section (a), the Secretary, in consultation with the Direc8 tor, shall make grants to— 

9 (1) the State of New York for the establishment 

10 of a Center to be located in New York City; 

11 (2) the State of Michigan for the establishment 

12 of a Center to be located in Detroit; and 

13 (3) the State of California for the establishment 

14 of a Center to be located in Los Angeles. 

15 (c) PURPOSE OF CENTERS.—Each Center shall— 

16 (1) implement the best practices, identified by 

17 the study conducted under section 601, for informa18 tion sharing concerning a terrorist threat; 

19 (2) coordinate the communication of these best 

20 practices with other metropolitan areas; 

21 (3) coordinate with the Secretary and the Di22 rector to develop a training curriculum to implement 

23 these best practices; 

24 (4) provide funding and technical assistance to 

25 other metropolitan areas to assist the metropolitan 


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1 areas in the implementation of the curriculum devel2 oped under paragraph (3); and 

3 (5) coordinate with the Secretary and the Di4 rector to establish a method to advertise and dis5 seminate these best practices. 

6 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated for making grants under 

8 this section— 

9 (1) $10,000,000 for fiscal year 2007 for the es10 tablishment of the Centers; and 

11 (2) $3,000,000 for each of fiscal years 2008 

12 through 2012 for the operation of the Centers. 

13 (e) REPORT TO CONGRESS.—Not later than March 

14 31, 2010, the Secretary, in consultation with the Director, 

15 shall submit to Congress a report evaluating the oper16 ations of the Centers and making recommendations for fu17 ture funding. 

Passed the House of Representatives April 26, 2006. 

Attest: KAREN L. HAAS, 

Clerk. 


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Calendar No. 418 

109TH CONGRESS 

2D SESSION H. R. 5020 

AN ACT 

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 

MAY 1, 2006 

Read the second time and placed on the calendar 


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