109TH CONGRESS 

2D SESSION H. R. 5020

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.
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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 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. 

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. 
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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. 

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.

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. 
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1 (10) The Department of Justice. 

2 (11) The Federal Bureau of Investigation. 

3 (12) The National Reconnaissance Office. 

4 (13) The National Geospatial-Intelligence Agen5 cy. 

6 (14) The Coast Guard. 

7 (15) The Department of Homeland Security. 

8 (16) The Drug Enforcement Administration. 

9 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

10 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

11 CEILINGS.—The amounts authorized to be appropriated 

12 under section 101, and the authorized personnel ceilings 

13 as of September 30, 2007, for the conduct of the intel14 ligence and intelligence-related activities of the elements 

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

16 Schedule of Authorizations prepared to accompany the 

17 conference report on the bill H.R. 5020 of the One Hun18 dred Ninth Congress. 

19 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU20 THORIZATIONS.—The Schedule of Authorizations shall be 

21 made available to the Committees on Appropriations of 

22 the Senate and House of Representatives and to the Presi23 dent. The President shall provide for suitable distribution 

24 of the Schedule, or of appropriate portions of the Sched25 ule, within the executive branch. 
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1 SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 

2 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap3 proval of the Director of the Office of Management and 

4 Budget, the Director of National Intelligence may author5 ize employment of civilian personnel in excess of the num6 ber authorized for fiscal year 2007 under section 102 

7 when the Director of National Intelligence determines that 

8 such action is necessary to the performance of important 

9 intelligence functions, except that the number of personnel 

10 employed in excess of the number authorized under such 

11 section may not, for any element of the intelligence com12 munity, exceed 2 percent of the number of civilian per13 sonnel authorized under such section for such element. 

14 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The 

15 Director of National Intelligence shall promptly notify the 

16 Select Committee on Intelligence of the Senate and the 

17 Permanent Select Committee on Intelligence of the House 

18 of Representatives whenever the Director exercises the au19 thority granted by this section. 

20 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC21 COUNT. 

22 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated for the Intelligence Commu24 nity Management Account of the Director of National In25 telligence for fiscal year 2007 the sum of $990,000,000. 

26 Within such amount, funds identified in the classified 
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1 Schedule of Authorizations referred to in section 102(a) 

2 for advanced research and development shall remain avail3 able until September 30, 2008. 

4 (b) AUTHORIZED PERSONNEL LEVELS.—The ele5 ments within the Intelligence Community Management 

6 Account of the Director of National Intelligence are au7 thorized 1,539 full-time personnel as of September 30, 

8 2007. Personnel serving in such elements may be perma9 nent employees of the Intelligence Community Manage10 ment Account or personnel detailed from other elements 

11 of the United States Government. 

12 (c) CLASSIFIED AUTHORIZATIONS.—

13 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

14 addition to amounts authorized to be appropriated 

15 for the Intelligence Community Management Ac16 count by subsection (a), there are also authorized to 

17 be appropriated for the Intelligence Community 

18 Management Account for fiscal year 2007 such addi19 tional amounts as are specified in the classified 

20 Schedule of Authorizations referred to in section 

21 102(a). Such additional amounts for research and 

22 development shall remain available until September 

23 30, 2007. 

24 (2) AUTHORIZATION OF PERSONNEL.—In addi25 tion to the personnel authorized by subsection (b) 
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1 for elements of the Intelligence Community Manage2 ment Account as of September 30, 2007, there are 

3 also authorized such additional personnel for such 

4 elements as of that date as are specified in the clas5 sified Schedule of Authorizations. 

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

7 113 of the National Security Act of 1947 (50 U.S.C. 

8 404h), during fiscal year 2007 any officer or employee of 

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

10 is detailed to the staff of the Intelligence Community Man11 agement Account from another element of the United 

12 States Government shall be detailed on a reimbursable 

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

14 may be detailed on a nonreimbursable basis for a period 

15 of less than one year as the Director of National Intel16 ligence considers necessary. 

17 SEC. 105. INCORPORATION OF REPORTING REQUIRE18 MENTS. 

19 (a) IN GENERAL.—Each requirement to submit a re20 port to the congressional intelligence committees that is 

21 included in the joint explanatory statement to accompany 

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

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

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

25 made a requirement in law. 
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1 (b) CONGRESSIONAL INTELLIGENCE COMMITTEES

2 DEFINED.—In this section, the term ‘‘congressional intel3 ligence committees’’ means—

4 (1) the Select Committee on Intelligence of the 

5 Senate; and 

6 (2) the Permanent Select Committee on Intel7 ligence of the House of Representatives. 

8 TITLE II—CENTRAL INTEL9 LIGENCE AGENCY RETIRE10 MENT AND DISABILITY SYS11 TEM 

12 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

13 There is authorized to be appropriated for the Cen14 tral Intelligence Agency Retirement and Disability Fund 

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

16 TITLE III—INTELLIGENCE AND 

17 GENERAL INTELLIGENCE 

18 COMMUNITY MATTERS 

19 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND 

20 BENEFITS AUTHORIZED BY LAW. 

21 Appropriations authorized by this Act for salary, pay, 

22 retirement, and other benefits for Federal employees may 

23 be increased by such additional or supplemental amounts 

24 as may be necessary for increases in such compensation 

25 or 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 

5 any intelligence activity which is not otherwise authorized 

6 by 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 Se11 curity Act of 1947 (50 U.S.C. 401a(4)) is amended by 

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

13 SEC. 304. DELEGATION OF AUTHORITY FOR TRAVEL ON 

14 COMMON CARRIERS FOR INTELLIGENCE 

15 COLLECTION PERSONNEL. 

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

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

18 is 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 

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

24 and 

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

26 paragraph: 
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1 ‘‘(2) The head of an element of the intelligence com2 munity to whom the authority in subsection (a) is dele3 gated pursuant to paragraph (1) may further delegate 

4 such authority to such senior officials of such element as 

5 are specified in guidelines prescribed by the Director of 

6 National Intelligence 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 

9 this Act, the Director of National Intelligence shall pre10 scribe and submit to the congressional intelligence com11 mittees the guidelines referred to in paragraph (2) of sec12 tion 116(b) of the National Security Act of 1947, as added 

13 by subsection (a). 

14 (c) CONGRESSIONAL INTELLIGENCE COMMITTEES

15 DEFINED.—In this section, the term ‘‘congressional intel16 ligence 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 

12 an element of the intelligence community may retain 

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

16 to the element of the intelligence community. 

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

18 Amounts retained under subsection (a) shall be credited 

19 to the current appropriation or account from which such 

20 funds were derived or whose expenditure formed the basis 

21 for the underlying activity from which the debt concerned 

22 arose. 

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

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

25 such appropriation or account, and shall be available in 

26 accordance with subsection (c). 
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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 

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

5 for such time as is applicable to amounts in such appro6 priation or account, or such longer time as may be pro7 vided 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 

10 such property or the replacement of such property 

11 with alternative property that will perform the same 

12 or 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 

17 term ‘debt owed to an element of the intelligence commu18 nity’ means any of the following: 

19 ‘‘(1) A debt owed to an element of the intel20 ligence community by an employee or former em21 ployee of such element for the negligent or willful 

22 loss of or damage to property of such element that 

23 was procured by such element using appropriated 

24 funds. 
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1 ‘‘(2) A debt owed to an element of the intel2 ligence community by an employee or former em3 ployee of such element as repayment for default on 

4 the terms and conditions associated with a scholar5 ship, fellowship, or other educational assistance pro6 vided to such individual by such element, whether in 

7 exchange for future services or otherwise, using ap8 propriated funds. 

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

10 element of the intelligence community by a private 

11 person or entity by reason of the negligent or willful 

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

13 court of competent jurisdiction or in a lawful admin14 istrative proceeding.’’. 

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

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

17 the end the following new item:

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

18 SEC. 306. AVAILABILITY OF FUNDS FOR TRAVEL AND 

19 TRANSPORTATION OF PERSONAL EFFECTS, 

20 HOUSEHOLD GOODS, AND AUTOMOBILES. 

21 (a) FUNDS OF OFFICE OF DIRECTOR OF NATIONAL

22 INTELLIGENCE.—Funds appropriated to the Office of the 

23 Director of National Intelligence and available for travel 

24 and transportation expenses shall be available for such ex-
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1 penses when any part of the travel or transportation con2 cerned begins in a fiscal year pursuant to travel orders 

3 issued in such fiscal year, notwithstanding that such travel 

4 or transportation is or may not be completed during such 

5 fiscal year. 

6 (b) FUNDS OF CENTRAL INTELLIGENCE AGENCY.—

7 Funds appropriated to the Central Intelligence Agency 

8 and available for travel and transportation expenses shall 

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

10 or transportation concerned begins in a fiscal year pursu11 ant to travel orders issued in such fiscal year, notwith12 standing that such travel or transportation is or may not 

13 be completed during such fiscal year. 

14 (c) TRAVEL AND TRANSPORTATION EXPENSES DE15 FINED.—In this section, the term ‘‘travel and transpor16 tation expenses’’ means the following: 

17 (1) Expenses in connection with travel of per18 sonnel, including travel of dependents. 

19 (2) Expenses in connection with transportation 

20 of personal effects, household goods, or automobiles 

21 of personnel. 
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1 SEC. 307. PURCHASES BY ELEMENTS OF THE INTEL2 LIGENCE COMMUNITY OF PRODUCTS OF FED3 ERAL PRISON INDUSTRIES. 

4 Section 404 of the Intelligence Authorization Act for 

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

6 is amended—

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

8 Agency’’ and inserting ‘‘by an element of the intel9 ligence community (as defined in section 3(4) of the 

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

11 401a(4)))’’; and 

12 (2) by striking ‘‘the Director of the Central In13 telligence Agency determines that the product or 

14 service’’ and inserting ‘‘the head of that element de15 termines that the product or service (including a 

16 surveying or mapping service)’’. 

17 SEC. 308. ACCOUNTABILITY IN INTELLIGENCE CON18 TRACTING. 

19 (a) REPORT ON REGULATIONS GOVERNING INTEL20 LIGENCE COMMUNITY CONTRACTING.—

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

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

23 Director of National Intelligence shall submit to the 

24 Permanent Select Committee on Intelligence of the 

25 House of Representatives and the Select Committee 

26 on Intelligence of the Senate a report on regulations 
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1 governing covered contracts under the National In2 telligence Program and, at the discretion of the Di3 rector of National Intelligence, the Military Intel4 ligence Program. 

5 (2) MATTERS COVERED.—

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

7 shall include a description of any relevant regu8 lations prescribed by the Director of National 

9 Intelligence or by the heads of agencies in the 

10 intelligence community, including those relating 

11 to the following matters: 

12 (i) Types of functions or activities 

13 that may be appropriately carried out by 

14 contractors. 

15 (ii) Minimum standards regarding the 

16 hiring, training, security clearance, and as17 signment of contract personnel. 

18 (iii) Procedures for conducting over19 sight of covered contracts to ensure identi20 fication and prosecution of criminal viola21 tions; financial waste, fraud, or abuse; or 

22 other abuses committed by contractors or 

23 contract personnel. 

24 (B) The report also shall include a descrip25 tion of progress made by the Director of Na-
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1 tional Intelligence in standardizing the regula2 tions described in subparagraph (A) across the 

3 different agencies of the National Intelligence 

4 Program to the extent practicable. 

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

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

7 contain a classified annex if necessary. 

8 (b) ACCOUNTABILITY REQUIREMENTS FOR CON9 TRACTS AWARDED BY INTELLIGENCE COMMUNITY AGEN10 CIES.—

11 (1) INFORMATION ON INTELLIGENCE ACTIVI12 TIES TO BE PERFORMED.—Each covered contract in 

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

14 contractor to provide to the contracting officer for 

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

16 the contract, the following information regarding in17 telligence activities performed under the contract: 

18 (A) Number of persons to be used to per19 form such functions. 

20 (B) A description of how such persons are 

21 trained to carry out tasks specified under the 

22 contract relating to such functions. 

23 (C) A description of each category of activ24 ity relating to such functions required by the 

25 contract. 
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1 (2) UPDATES.—The information provided under 

2 paragraph (1) shall be updated during contract per3 formance as necessary. 

4 (3) INFORMATION ON COSTS.—Each covered 

5 contract shall include the following requirements: 

6 (A) Upon award of the contract, the con7 tractor shall provide to the contracting officer 

8 cost estimates of salary, benefits, insurance, 

9 materials, logistics, administrative costs, and 

10 other costs of carrying out intelligence activities 

11 under the contract. 

12 (B) Before contract closeout (other than 

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

14 contractor shall provide to the contracting offi15 cer a report on the actual costs of carrying out 

16 intelligence activities under the contract, in the 

17 same categories as provided under subpara18 graph (A). 

19 (c) ACCOUNTABILITY REQUIREMENTS FOR CON20 TRACTING AGENCIES OF THE INTELLIGENCE COMMU21 NITY.—

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

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

24 annually thereafter, the Director of National Intel25 ligence shall submit to the Permanent Select Com-
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1 mittee on Intelligence of the House of Representa2 tives and the Select Committee on Intelligence of the 

3 Senate a report containing the information described 

4 in paragraph (2) on contracting activities in the in5 telligence community. 

6 (2) MATTERS COVERED.—The report required 

7 by paragraph (1) shall include the following informa8 tion: 

9 (A) A list of contracts awarded for intel10 ligence activities by each agency in the intel11 ligence community during the one-year period 

12 preceding the date of submission of the report. 

13 (B) A description of the activities to be 

14 performed by contractors in fulfillment of each 

15 contract on the list under subparagraph (A), in16 cluding whether such activities are classified or 

17 unclassified. 

18 (C) The number of personnel carrying out 

19 work under each such contract. 

20 (D) The estimated cost of performance of 

21 the work required by each such contract. 

22 (d) RETENTION OF INTELLIGENCE COMMUNITY PRO23 FESSIONALS.—

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

25 days after the date of the enactment of this Act, the 
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1 Director of National of Intelligence shall submit to 

2 the Permanent Select Committee on Intelligence of 

3 the House of Representatives and the Select Com4 mittee on Intelligence of the Senate a report on hir5 ing, promotion, and retention of intelligence commu6 nity professionals. 

7 (2) MATTERS COVERED.— The report required 

8 by paragraph (1) shall include the following: 

9 (A) Recommendations regarding any bo10 nuses, benefits, or other inducements that 

11 would help the intelligence community to hire, 

12 promote, and retain its professional workforce 

13 in order to compete effectively against the at14 traction of private sector opportunities. 

15 (B) Recommendations regarding any policy 

16 changes, including changes to policies governing 

17 the awarding of security clearances, that may 

18 promote hiring, promotion, and retention of the 

19 intelligence community professional workforce. 

20 (C) A description of any additional author21 ity needed from Congress to implement the rec22 ommendations under subparagraphs (A) and 

23 (B). 
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1 (3) FORM OF REPORT.—The report required by 

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

3 contain a classified annex if necessary. 

4 (e) DEFINITIONS.—In this section: 

5 (1) INTELLIGENCE COMMUNITY.—The term 

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

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

8 1947 (50 U.S.C. 401a(4)). 

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

10 contract’’ means—

11 (A) a prime contract with any agency or 

12 office that is part of the intelligence community; 

13 (B) a subcontract at any tier under any 

14 prime contract with an office or agency referred 

15 to in subparagraph (A); or 

16 (C) a task order issued under a task or de17 livery order contract entered into by an office or 

18 agency referred to in subparagraph (A, if the 

19 work to be performed under the contract, sub20 contract, or task order includes intelligence ac21 tivities to be performed either within or outside 

22 the United States. 
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1 TITLE IV—MATTERS RELATING 

2 TO ELEMENTS OF THE INTEL3 LIGENCE COMMUNITY 

4 Subtitle A—Office of the Director 

5 of National Intelligence 

6 SEC. 401. CLARIFICATION OF DELEGATION OF TRANSFER 

7 OR REPROGRAMMING AUTHORITY. 

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

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

10 1011(a) of the National Security Intelligence Reform Act 

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

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

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

14 Central Intelligence Agency (in the case of the Central In15 telligence Agency)’’. 

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

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

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

20 (50 U.S.C. 403–3(e)) is amended—

21 (1) in the heading, by striking ‘‘WITH’’ and in22 serting ‘‘OF HEADQUARTERS WITH HEADQUARTERS

23 OF’’ ; 

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

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

3 SEC. 403. ADDITIONAL DUTIES OF THE DIRECTOR OF 

4 SCIENCE AND TECHNOLOGY OF THE OFFICE 

5 OF THE DIRECTOR OF NATIONAL INTEL6 LIGENCE. 

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

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

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

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

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

15 paragraph: 

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

18 programs to be carried out by elements of the intelligence 

19 community.’’. 

20 (b) DEVELOPMENT OF TECHNOLOGY GOALS.—Such 

21 section is further amended—

22 (1) in subsection (c)—

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

24 the end; 
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1 (B) by redesignating paragraph (5) as 

2 paragraph (6); and 

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

4 following new paragraph: 

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

6 the elements of the intelligence community to meet 

7 the technology needs of the intelligence community; 

8 and’’; and 

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

11 ‘‘(e) GOALS FOR TECHNOLOGY NEEDS OF INTEL12 LIGENCE COMMUNITY.—In carrying out subsection (c)(5), 

13 the Director of Science and Technology shall—

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

15 significant intelligence challenges that require tech16 nical solutions; and 

17 ‘‘(2) examine options to enhance the responsive18 ness of research and design programs of elements of 

19 the intelligence community to meet the requirements 

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

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

22 Director of National Intelligence shall submit to Congress 

23 a report containing a strategy for the development and 

24 use of technology in the intelligence community through 

25 2021. 
26

•HR 5020 EH 

1 (2) The report shall include—

2 (A) an assessment of the highest priority intel3 ligence gaps across the intelligence community that 

4 may be resolved by the use of technology; 

5 (B) goals for advanced research and develop6 ment and a strategy to achieve such goals; 

7 (C) an explanation of how each advanced re8 search and development project funded under the 

9 National Intelligence Program addresses an identi10 fied intelligence gap; 

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

12 and development projects by research type (basic, 

13 advanced, or applied) with estimated funding levels, 

14 estimated initiation dates, and estimated completion 

15 dates; and 

16 (E) a plan to incorporate technology from re17 search and development projects into National Intel18 ligence Program acquisition programs. 

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

20 SEC. 404. APPOINTMENT AND TITLE OF CHIEF INFORMA21 TION OFFICER OF THE INTELLIGENCE COM22 MUNITY. 

23 (a) APPOINTMENT.—

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

25 103G of the National Security Act of 1947 (50 
27

•HR 5020 EH 

1 U.S.C. 403–3g) is amended by striking ‘‘the Presi2 dent, by and with the advice and consent of the Sen3 ate’’ and inserting ‘‘the Director of National Intel4 ligence’’. 

5 (2) APPLICABILITY.—The amendment made by 

6 paragraph (1) shall take effect on the date of the en7 actment of this Act, and shall apply with respect to 

8 any nomination of an individual as Chief Informa9 tion Officer of the Intelligence Community that is 

10 made on or after that date. 

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

12 (1) in subsection (a), by inserting ‘‘of the Intel13 ligence Community’’ after ‘‘Chief Information Offi14 cer’’; 

15 (2) in subsection (b), by inserting ‘‘of the Intel16 ligence Community’’ after ‘‘Chief Information Offi17 cer’’; 

18 (3) in subsection (c), by inserting ‘‘of the Intel19 ligence Community’’ after ‘‘Chief Information Offi20 cer’’; and 

21 (4) in subsection (d), by inserting ‘‘of the Intel22 ligence Community’’ after ‘‘Chief Information Offi23 cer’’. 
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1 SEC. 405. LEADERSHIP AND LOCATION OF CERTAIN OF2 FICES AND OFFICIALS. 

3 (a) NATIONAL COUNTER PROLIFERATION CEN4 TER.—Section 119A(a) of the National Security Act of 

5 1947 (50 U.S.C. 404o–1(a)) is amended—

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

7 than 18 months after the date of the enactment of 

8 the National Security Intelligence Reform Act of 

9 2004, the’’ and inserting ‘‘(1) ESTABLISHMENT.—

10 The’’; and 

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

12 paragraphs: 

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

14 Proliferation Center shall be the Director of the National 

15 Counter Proliferation Center, who shall be appointed by 

16 the Director of National Intelligence. 

17 ‘‘(3) LOCATION.—The National Counter Prolifera18 tion Center shall be located within the Office of the Direc19 tor of National Intelligence.’’. 

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

21 U.S.C. 403–3(c)) is amended—

22 (1) by redesignating paragraph (9) as para23 graph (13); and 

24 (2) by inserting after paragraph (8) the fol25 lowing new paragraphs: 
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•HR 5020 EH 

1 ‘‘(9) The Chief Information Officer of the intel2 ligence community. 

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

4 community. 

5 ‘‘(11) The Director of the National 

6 Counterterrorism Center. 

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

8 Proliferation Center.’’. 

9 SEC. 406. ELIGIBILITY FOR INCENTIVE AWARDS OF PER10 SONNEL ASSIGNED TO THE OFFICE OF THE 

11 DIRECTOR OF NATIONAL INTELLIGENCE. 

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

13 the Intelligence Authorization Act for Fiscal Year 1984 

14 (50 U.S.C. 403e–1) is amended to read as follows: 

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

16 The Director of National Intelligence may exercise the au17 thority granted in section 4503 of title 5, United States 

18 Code, with respect to Federal employees and members of 

19 the Armed Forces detailed or assigned to the Office of 

20 the Director of National Intelligence in the same manner 

21 as such authority may be exercised with respect to per22 sonnel of the Office. 

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

24 may exercise the authority granted in section 4503 of title 

25 5, United States Code, with respect to Federal employees 
30

•HR 5020 EH 

1 and members of the Armed Forces detailed or assigned 

2 to the Central Intelligence Agency in the same manner as 

3 such authority may be exercised with respect to personnel 

4 of the Agency.’’. 

5 (b) REPEAL OF OBSOLETE AUTHORITY.—Such sec6 tion is further amended—

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

8 (2) by redesignating subsection (d) as sub9 section (c). 

10 (c) CONFORMING AMENDMENTS.—Such section is 

11 further amended—

12 (1) in subsection (b), by striking ‘‘to the Cen13 tral Intelligence Agency or to the Intelligence Com14 munity Staff’’ and inserting ‘‘to the Office of the Di15 rector of National Intelligence or to the Central In16 telligence Agency’’; and 

17 (2) in subsection (c), as redesignated by sub18 section (b)(2) of this section, by striking ‘‘Director 

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

20 National Intelligence or Director of the Central In21 telligence Agency’’. 

22 (d) TECHNICAL AND STYLISTIC AMENDMENTS.—

23 That section is further amended—

24 (1) in subsection (b)—
31

•HR 5020 EH 

1 (A) by inserting ‘‘PERSONNEL ELIGIBLE

2 FOR AWARDS.—’’ after ‘‘(b)’’; 

3 (B) by striking ‘‘subsection (a) of this sec4 tion’’ and inserting ‘‘subsection (a)’’; and 

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

6 the date of enactment of this section’’ and in7 serting ‘‘December 9, 1978’’; and 

8 (2) in subsection (c), as so redesignated, by in9 serting ‘‘PAYMENT AND ACCEPTANCE OF

10 AWARDS.—’’ after ‘‘(c)’’. 

11 SEC. 407. REPEAL OF CERTAIN AUTHORITIES RELATING TO 

12 THE OFFICE OF THE NATIONAL COUNTER13 INTELLIGENCE EXECUTIVE. 

14 (a) REPEAL OF CERTAIN AUTHORITIES.—Section 

15 904 of the Counterintelligence Enhancement Act of 2002 

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

17 amended—

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

19 (j); and 

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

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

22 respectively. 

23 (b) CONFORMING AMENDMENTS.—That section is 

24 further amended—
32

•HR 5020 EH 

1 (1) in subsection (d), as redesignated by sub2 section (a)(2) of this section, by striking ‘‘subsection 

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

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

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

6 striking ‘‘subsection (e)(2)’’ and inserting ‘‘sub7 section (d)(2)’’. 

8 SEC. 408. MEMBERSHIP OF THE DIRECTOR OF NATIONAL 

9 INTELLIGENCE ON THE TRANSPORTATION 

10 SECURITY OVERSIGHT BOARD. 

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

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

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

14 or the Director’s designee.’’. 

15 SEC. 409. TEMPORARY INAPPLICABILITY TO THE OFFICE 

16 OF THE DIRECTOR OF NATIONAL INTEL17 LIGENCE OF CERTAIN FINANCIAL REPORT18 ING REQUIREMENTS. 

19 The Director of National Intelligence shall not be re20 quired to submit an audited financial statement under sec21 tion 3515 of title 31, United States Code, for the Office 

22 of the Director of National Intelligence with respect to fis23 cal year 2005 or 2006. 
33

•HR 5020 EH 

1 SEC. 410. COMPREHENSIVE INVENTORY OF SPECIAL AC2 CESS PROGRAMS. 

3 Not later than January 15, 2007, the Director of Na4 tional Intelligence shall submit to the congressional intel5 ligence committees (as defined in section 3(7) of the Na6 tional Security Act of 1947 (50 U.S.C. 401a(7))) a classi7 fied report providing a comprehensive inventory of all spe8 cial access programs under the National Intelligence Pro9 gram (as defined in section 3(6) of the National Security 

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

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

12 CLEARANCES. 

13 It is the sense of Congress that the Director of Na14 tional Intelligence should promptly establish and oversee 

15 the implementation of a multi-level security clearance sys16 tem across the intelligence community to leverage the cul17 tural and linguistic skills of subject matter experts and 

18 individuals proficient in foreign languages critical to na19 tional security. 

20 SEC. 412. ACCESS TO INFORMATION BY STAFF AND MEM21 BERS OF THE CONGRESSIONAL INTEL22 LIGENCE COMMITTEES. 

23 Not later than 180 days after the date of the enact24 ment of this Act, the Director of National Intelligence 

25 shall provide to the members and staff of the Permanent 

26 Select Committee on Intelligence of the House of Rep-
34

•HR 5020 EH 

1 resentatives and the Select Committee on Intelligence of 

2 the Senate accounts for and access to the Intelink System 

3 (or any successor system) through the Joint Worldwide 

4 Intelligence Communications System (or any successor 

5 system). Such access shall include access up to and includ6 ing the level of sensitive compartmented information and 

7 shall be provided in the sensitive compartmented informa8 tion facilities of each Committee. 

9 SEC. 413. STUDY ON REVOKING PENSIONS OF PERSONS 

10 WHO COMMIT UNAUTHORIZED DISCLOSURES 

11 OF CLASSIFIED INFORMATION. 

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

13 shall conduct a study on the feasibility of revoking the 

14 pensions of personnel in the intelligence community (as 

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

16 1947 (50 U.S.C. 401a(4))) who commit unauthorized dis17 closures of classified information, including whether revok18 ing such pensions is feasible under existing law or under 

19 the administrative authority of the Director of National 

20 Intelligence or any other head of an element of the intel21 ligence community. 

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

23 of the enactment of this Act, the Director of National In24 telligence shall submit to the Permanent Select Committee 

25 on Intelligence of the House of Representatives and the 
35

•HR 5020 EH 

1 Select Committee on Intelligence of the Senate a report 

2 containing the results of the study conducted under sub3 section (a). 

4 Subtitle B—Central Intelligence 

5 Agency 

6 SEC. 421. ENHANCED PROTECTION OF CENTRAL INTEL7 LIGENCE AGENCY INTELLIGENCE SOURCES 

8 AND METHODS FROM UNAUTHORIZED DIS9 CLOSURE. 

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

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

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

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

15 end; 

16 (2) by redesignating paragraph (4) as para17 graph (5); and 

18 (3) by inserting after paragraph (3) the fol19 lowing new paragraph: 

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

21 the Central Intelligence Agency from unauthorized 

22 disclosure, consistent with any direction issued by 

23 the President or the Director of National Intel24 ligence; and’’. 
36

•HR 5020 EH 

1 (b) PROTECTION UNDER CENTRAL INTELLIGENCE

2 AGENCY ACT OF 1949.—Section 6 of the Central Intel3 ligence Agency Act of 1949 (50 U.S.C. 403g) is amended 

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

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

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

7 U.S.C. 403–1(i), 403–4a(d)(4))’’. 

8 (c) TECHNICAL AMENDMENTS TO CENTRAL INTEL9 LIGENCE AGENCY RETIREMENT ACT.—Section 201(c) of 

10 the Central Intelligence Agency Retirement Act (50 

11 U.S.C. 2011(c)) is amended—

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

13 DCI’’; 

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

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

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

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

18 Agency’’ after ‘‘methods’’. 

19 SEC. 422. ADDITIONAL EXCEPTION TO FOREIGN LANGUAGE 

20 PROFICIENCY REQUIREMENT FOR CERTAIN 

21 SENIOR LEVEL POSITIONS IN THE CENTRAL 

22 INTELLIGENCE AGENCY. 

23 (a) ADDITIONAL EXCEPTION.—Subsection (g) of sec24 tion 104A of the National Security Act of 1947 (50 U.S.C. 

25 403–4a) is amended—
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•HR 5020 EH 

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

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

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

4 category of positions’’ each place it appears and in5 serting ‘‘individual, individuals, position, or category 

6 of positions’’; and 

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

8 paragraph: 

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

10 in the Directorate of Intelligence or the Directorate of Op11 erations of the Central Intelligence Agency who is serving 

12 in a Senior Intelligence Service position as of December 

13 23, 2005, regardless of whether such individual is a mem14 ber of the Senior Intelligence Service.’’. 

15 (b) REPORT ON WAIVERS.—Section 611(c) of the In16 telligence Authorization Act for Fiscal Year 2005 (Public 

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

18 (1) in the first sentence, by inserting ‘‘individ19 uals or’’ before ‘‘positions’’; and 

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

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

22 individuals, position, or category of positions’’. 
38

•HR 5020 EH 

1 SEC. 423. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR 

2 PROTECTIVE PERSONNEL OF THE CENTRAL 

3 INTELLIGENCE AGENCY. 

4 (a) PROTECTION OF CERTAIN PERSONS.—Section 

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

6 U.S.C. 403f(a)(4)) is amended—

7 (1) by striking ‘‘and the protection’’ and insert8 ing ‘‘the protection’’; and 

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

10 and the protection of the Director of National Intel11 ligence and such personnel of the Office of the Di12 rector of National Intelligence as the Director of Na13 tional Intelligence may designate;’’. 

14 (b) AUTHORITY TO ARREST.—

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

16 Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘§ 3065. Powers of authorized personnel in the Cen19 tral Intelligence Agency 

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

21 may issue regulations to allow personnel designated to 

22 carry out protective functions for the Central Intelligence 

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

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

25 in such protective functions, make arrests without a war26 rant for any offense against the United States committed 
39

•HR 5020 EH 

1 in the presence of such personnel, or for any felony cog2 nizable under the laws of the United States, if such per3 sonnel have probable cause to believe that the person to 

4 be arrested has committed or is committing that felony 

5 offense. 

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

7 be exercised only in accordance with guidelines approved 

8 by the Attorney General.’’. 

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

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

11 amended by adding at the end the following:

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

12 SEC. 424. PROTECTIVE SERVICES FOR FORMER OFFICIALS 

13 OF THE INTELLIGENCE COMMUNITY. 

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

15 Act of 1947 (50 U.S.C. 409a et seq.) is amended by in16 serting after section 303 the following new section: 

17 ‘‘PROTECTIVE SERVICES FOR FORMER OFFICIALS OF THE

18 INTELLIGENCE COMMUNITY

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

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

21 may not provide personnel for the protection of a former 

22 official of an element of the intelligence community un23 less—
40

•HR 5020 EH 

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

2 former official arising from the service of such former offi3 cial to the United States; and 

4 ‘‘(2) such head of an element of the intelligence com5 munity submits to the Director of National Intelligence 

6 notice of the intention to provide such personnel and an 

7 assessment of—

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

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

10 protect such former official based on such threat. 

11 ‘‘(b) EXCEPTION FOR RECENT TERMINATION OF EM12 PLOYMENT.—The head of an element of the intelligence 

13 community may provide personnel for the protection of a 

14 former official of an element of the intelligence community 

15 without a specific and credible threat to such former offi16 cial for not more than one year after the termination of 

17 the employment of such former official if such former offi18 cial requests such protection. 

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

20 than 180 days after the date on which the head of an ele21 ment of the intelligence community begins providing per22 sonnel for the protection of a former official of an element 

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

24 thereafter until such head of an element of the intelligence 

25 community determines that there is no longer a threat to 
41

•HR 5020 EH 

1 such former official, such head of an element of the intel2 ligence community shall submit to the Director of Na3 tional Intelligence an updated assessment of the threat to 

4 such former official and the level of protective services nec5 essary to protect such former official based on such threat. 

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

7 the head of an element of the intelligence community that 

8 is providing personnel for the protection of a former offi9 cial of an element of the intelligence community pursuant 

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

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

12 of the intelligence community shall cease providing per13 sonnel for the protection of such former official not later 

14 than 30 days after determining such threat no longer ex15 ists. 

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

17 on which the head of an element of the intelligence com18 munity begins providing personnel for the protection of 

19 a former official of an element of the intelligence commu20 nity, the Director of National Intelligence shall submit to 

21 the congressional intelligence committees notice of the pro22 vision of personnel for the protection of such former offi23 cial.’’. 

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

25 such Act is amended by—
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•HR 5020 EH 

1 (1) striking the second item relating to section 

2 301; 

3 (2) striking the second item relating to section 

4 302; 

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

6 305, and 306; and 

7 (4) inserting after the item relating to section 

8 303 the following new item:

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

9 SEC. 425. STRATEGIC REVIEW PROCESS. 

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

11 (50 U.S.C. 403–1(f)) is amended by adding at the end 

12 the following new paragraph: 

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

14 four years thereafter, the Director of National Intelligence 

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

16 the intelligence community, manage and oversee the con17 duct of a strategic review of the intelligence community 

18 to develop intelligence capabilities required to address 

19 threats to national security. Such review shall analyze 

20 near-term, mid-term, and future threats to national secu21 rity and shall include estimates of the allocation of re22 sources and structural change that should be reflected in 

23 future budget requests.’’. 
43

•HR 5020 EH 

1 Subtitle C—Defense Intelligence 

2 Components 

3 SEC. 431. ENHANCEMENTS OF NATIONAL SECURITY AGEN4 CY TRAINING PROGRAM. 

5 (a) TERMINATION OF EMPLOYEES.—Subsection 

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

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

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

9 ‘‘terminated—

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

11 the employee; 

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

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

14 employee to maintain such level of academic 

15 standing in the educational course of training 

16 as the Director of the National Security Agency 

17 shall have specified in the agreement of the em18 ployee under this subsection; and’’. 

19 (b) AUTHORITY TO WITHHOLD DISCLOSURE OF AF20 FILIATION WITH NSA.—Subsection (e) of such section is 

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

22 follows through ‘‘(2) Agency efforts’’ and inserting ‘‘Agen23 cy efforts’’. 
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•HR 5020 EH 

1 SEC. 432. CODIFICATION OF AUTHORITIES OF NATIONAL 

2 SECURITY AGENCY PROTECTIVE PER3 SONNEL. 

4 (a) PROTECTION OF CERTAIN PERSONS.—The Na5 tional Security Agency Act of 1959 (50 U.S.C. 402 note) 

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

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

8 personnel of the Agency to perform protective functions 

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

11 ‘‘(b) Nothing in this section shall be construed to im12 pair or otherwise affect any authority under any other pro13 vision of law relating to the performance of protective 

14 functions.’’. 

15 (b) AUTHORITY TO ARREST.—

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

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

18 amended by adding at the end the following: 

19 ‘‘§ 3066. Powers of authorized personnel in the Na20 tional Security Agency 

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

22 may issue regulations to allow personnel designated to 

23 carry out protective functions for the Agency to—

24 ‘‘(1) carry firearms; and 

25 ‘‘(2) make arrests without warrant for any of26 fense against the United States committed in the 
45

•HR 5020 EH 

1 presence of such personnel, or for any felony cog2 nizable under the laws of the United States, if such 

3 personnel have probable cause to believe that the 

4 person to be arrested has committed or is commit5 ting that felony offense. 

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

7 be exercised only in accordance with guidelines approved 

8 by the Attorney General.’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of chapter 203 of title 18, 

11 United States Code, as amended by section 423 of 

12 this Act, is amended by adding at the end the fol13 lowing:

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

14 Subtitle D—Other Elements 

15 SEC. 441. CLARIFICATION OF INCLUSION OF COAST GUARD 

16 AND DRUG ENFORCEMENT ADMINISTRATION 

17 ELEMENTS IN THE INTELLIGENCE COMMU18 NITY. 

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

20 U.S.C. 401a(4)) is amended—

21 (1) in subparagraph (H), by inserting ‘‘the 

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

23 (2) in subparagraph (K), by striking ‘‘, includ24 ing the Office of Intelligence of the Coast Guard’’; 
46

•HR 5020 EH 

1 (3) by redesignating subparagraph (L) as sub2 paragraph (M); and 

3 (4) by inserting after subparagraph (K) the fol4 lowing new subparagraph: 

5 ‘‘(L) The Office of National Security Intel6 ligence of the Drug Enforcement Administra7 tion.’’. 

8 SEC. 442. CLARIFYING AMENDMENTS RELATING TO SEC9 TION 105 OF THE INTELLIGENCE AUTHORIZA10 TION ACT FOR FISCAL YEAR 2004. 

11 Section 105(b) of the Intelligence Authorization Act 

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

13 2603; 31 U.S.C. 311 note) is amended—

14 (1) by striking ‘‘Director of Central Intel15 ligence’’ and inserting ‘‘Director of National Intel16 ligence’’; and 

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

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

19 TITLE V—OTHER MATTERS 

20 SEC. 501. AERIAL RECONNAISSANCE PLATFORMS. 

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

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

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

24 Secretary certifies in accordance with subsection (b) that 

25 there would be no loss of national or Department of De-
47

•HR 5020 EH 

1 fense intelligence, surveillance, and reconnaissance (ISR) 

2 capabilities in transitioning from the U–2 aircraft pro3 gram to the Global Hawk RQ–4 unmanned aerial vehicle 

4 platform. 

5 (b) REPORT AND CERTIFICATION.—

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

7 conduct a study of aerial reconnaissance platforms 

8 to determine whether the Global Hawk RQ–4 un9 manned aerial vehicle has reached mission capability 

10 and has attained collection capabilities on a par with 

11 the collection capabilities of the U–2 Block 20 air12 craft program as of April 1, 2006. 

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

14 the congressional committees specified in subsection 

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

16 Secretary shall include in the report the Secretary’s 

17 determination as to whether the Global Hawk RQ–

18 4 unmanned aerial vehicle—

19 (A) has reached mission capability; and 

20 (B) has attained collection capabilities on a 

21 par with the collection capabilities of the U–2 

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

23 (3) CERTIFICATION.—The Secretary shall in24 clude with the report the Secretary’s certification, 

25 based on the results of the study, as to whether or 
48

•HR 5020 EH 

1 not there would be a loss of national or Department 

2 of Defense intelligence, surveillance, and reconnais3 sance capabilities with a transition from the U–2 

4 aircraft program to the Global Hawk RQ–4 un5 manned aerial vehicle platform. 

6 (c) SPECIFIED COMMITTEES.—The congressional 

7 committees specified in this subsection are the following: 

8 (1) The Committee on Armed Services and the 

9 Select Committee on Intelligence of the Senate. 

10 (2) The Committee on Armed Services and the 

11 Permanent Select Committee on Intelligence of the 

12 House of Representatives. 

13 SEC. 502. ELIMINATION OF CERTAIN REPORTING REQUIRE14 MENTS. 

15 (a) INTELLIGENCE SHARING WITH UN.—Section 

16 112 of the National Security Act of 1947 (50 U.S.C. 

17 404g) is amended by striking subsection (b). 

18 (b) IMPROVEMENT OF FINANCIAL STATEMENTS FOR

19 AUDITING PURPOSES.—The National Security Act of 

20 1947 (50 U.S.C. 401 et seq.) is amended—

21 (1) by striking section 114A; and 

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

23 by striking the item relating to section 114A. 
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•HR 5020 EH 

1 (c) FINANCIAL INTELLIGENCE ON TERRORIST AS2 SETS.—The National Security Act of 1947 (50 U.S.C. 401 

3 et seq.) is amended—

4 (1) by striking section 118; and 

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

6 by striking the item relating to section 118. 

7 (d) COUNTERDRUG INTELLIGENCE.—The Intel8 ligence Authorization Act for Fiscal Year 2003 (Public 

9 Law 107–306) is amended—

10 (1) by striking section 826; and 

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

12 striking the item relating to section 826. 

13 SEC. 503. TECHNICAL AMENDMENTS TO THE NATIONAL SE14 CURITY ACT OF 1947. 

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

16 et seq.) is amended as follows: 

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

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

19 ‘‘section’’ and inserting ‘‘subsection’’; 

20 (B) in subsection (d)—

21 (i) in paragraph (3), by striking ‘‘sub22 paragraph (A)’’ in the matter preceding 

23 subparagraph (A) and inserting ‘‘para24 graph (1)(A)’’; and 
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1 (ii) in paragraph (5)(A), by striking 

2 ‘‘or personnel’’ in the matter preceding 

3 clause (i); and 

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

5 ‘‘section’’ and inserting ‘‘paragraph’’. 

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

7 404o(c)(2)(B)), by striking ‘‘subsection (h)’’ and in8 serting ‘‘subsection (i)’’. 

9 SEC. 504. TECHNICAL CLARIFICATION OF CERTAIN REF10 ERENCES TO JOINT MILITARY INTELLIGENCE 

11 PROGRAM AND TACTICAL INTELLIGENCE 

12 AND RELATED ACTIVITIES. 

13 Section 102A of the National Security Act of 1947 

14 (50 U.S.C. 403–1) is amended—

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

16 budgets for the Joint Military Intelligence Program 

17 and for Tactical Intelligence and Related Activities’’ 

18 and inserting ‘‘annual budget for the Military Intel19 ligence Program or any successor program or pro20 grams’’; and 

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

22 Military Intelligence Program’’ and inserting ‘‘Mili23 tary Intelligence Program or any successor program 

24 or programs’’. 
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1 SEC. 505. TECHNICAL AMENDMENTS TO THE INTEL2 LIGENCE REFORM AND TERRORISM PREVEN3 TION ACT OF 2004. 

4 (a) AMENDMENTS TO NATIONAL SECURITY INTEL5 LIGENCE REFORM ACT OF 2004.—The National Security 

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

7 108–458) is amended as follows: 

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

9 458(e)(10)(B)), by striking ‘‘Attorney General’’ the 

10 second place it appears and inserting ‘‘Department 

11 of Justice’’. 

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

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

14 ‘‘National Intelligence Director’’ and inserting 

15 ‘‘Director of National Intelligence’’; and 

16 (B) in subsection (h), by striking ‘‘Na17 tional Intelligence Director’’ and inserting ‘‘Di18 rector of National Intelligence’’. 

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

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

21 after ‘‘INTELLIGENCE’’. 

22 (b) OTHER AMENDMENTS TO INTELLIGENCE RE23 FORM AND TERRORISM PREVENTION ACT OF 2004.—The 

24 Intelligence Reform and Terrorism Prevention Act of 

25 2004 (Public Law 108–458) is amended as follows: 

26 (1) In section 2001 (28 U.S.C. 532 note)—
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1 (A) in subsection (c)(1), by inserting ‘‘of’’ 

2 before ‘‘an institutional culture’’; 

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

4 National Intelligence Director in a manner con5 sistent with section 112(e)’’ and inserting ‘‘the 

6 Director of National Intelligence in a manner 

7 consistent with applicable law’’; and 

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

9 in the matter preceding paragraph (1) and in10 serting ‘‘shall’’. 

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

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

13 Federal’’ and inserting ‘‘Federal’’; and 

14 (B) in paragraph (3), by striking ‘‘the spe15 cific’’ and inserting ‘‘specific’’. 

16 SEC. 506. TECHNICAL AMENDMENT TO THE CENTRAL IN17 TELLIGENCE AGENCY ACT OF 1949. 

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

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

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

21 102(a), subsections (c)(7) and (d) of section 103, sub22 sections (a) and (g) of section 104, and section 303 of 

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

24 (3), 403–3(c)(7), (d), 403–4(a), (g), and 405)’’ and insert25 ing ‘‘authorized under subsections (c), (d), (e), and (f) of 
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1 section 104A of the National Security Act of 1947 (50 

2 U.S.C. 403–4a)’’. 

3 SEC. 507. TECHNICAL AMENDMENTS RELATING TO THE 

4 MULTIYEAR NATIONAL INTELLIGENCE PRO5 GRAM. 

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

7 the National Defense Authorization Act for Fiscal Year 

8 1991 (50 U.S.C. 404b) is amended—

9 (1) in the subsection heading, by striking 

10 ‘‘FOREIGN’’; and 

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

12 (b) RESPONSIBILITY OF DNI.—That section is fur13 ther amended—

14 (1) in subsections (a) and (c), by striking ‘‘Di15 rector of Central Intelligence’’ and inserting ‘‘Direc16 tor of National Intelligence’’; and 

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

18 Intelligence’’ after ‘‘Director’’. 

19 (c) CONFORMING AMENDMENT.—The heading of 

20 that 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 

8 inserting the following new item: 

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

11 (b) EXECUTIVE SCHEDULE LEVEL IV.—Section 

12 5315 of title 5, United States Code, is amended by strik13 ing the item relating to the General Counsel of the Office 

14 of the National Intelligence Director and inserting the fol15 lowing new item: 

16 ‘‘General Counsel of the Office of the Di17 rector of National Intelligence.’’. 

18 SEC. 509. TECHNICAL AMENDMENTS RELATING TO REDES19 IGNATION OF THE NATIONAL IMAGERY AND 

20 MAPPING AGENCY AS THE NATIONAL 

21 GEOSPATIAL-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 Geospatial26 Intelligence 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 

10 by striking ‘‘National Imagery and Mapping Agency, the 

11 Director of the National Imagery and Mapping Agency’’ 

12 and inserting ‘‘National Geospatial-Intelligence Agency, 

13 the Director of the National Geospatial-Intelligence Agen14 cy’’. 

15 (b) TITLE 44, UNITED STATES CODE.—(1)(A) Sec16 tion 1336 of title 44, United States Code, is amended by 

17 striking ‘‘National Imagery and Mapping Agency’’ both 

18 places it appears and inserting ‘‘National Geospatial-Intel19 ligence Agency’’. 

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

21 as follows: 
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1 ‘‘§ 1336. National Geospatial-Intelligence Agency: spe2 cial publications’’. 

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

4 13 of such title is amended by striking the item relating 

5 to section 1336 and inserting the following new item:

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

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

7 201(f)(2)(E) of the Homeland Security Act of 2002 (6 

8 U.S.C. 121(f)(2)(E)) is amended by striking ‘‘National 

9 Imagery and Mapping Agency’’ and inserting ‘‘National 

10 Geospatial-Intelligence Agency’’. 

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

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

13 amended by striking ‘‘National Imagery and Mapping 

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

15 Geospatial-Intelligence Agency’’. 

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

17 105(a)(1) of the Ethics in Government Act of 1978 (5 

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

19 and Mapping Agency’’ and inserting ‘‘National 

20 Geospatial-Intelligence Agency’’. 

21 (f) OTHER ACTS.—(1) Section 7(b)(2)(A)(i) of the 

22 Employee Polygraph Protection Act of 1988 (29 U.S.C. 

23 2006(b)(2)(A)(i)) is amended by striking ‘‘National Im24 agery and Mapping Agency’’ and inserting ‘‘National 

25 Geospatial-Intelligence Agency’’. 
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1 (2) Section 207(a)(2)(B) of the Legislative Branch 

2 Appropriations Act, 1993 (44 U.S.C. 501 note) is amend3 ed by striking ‘‘National Imagery and Mapping Agency’’ 

4 and inserting ‘‘National Geospatial-Intelligence Agency’’. 

5 SEC. 510. REPORT ON AUTHORIZATION TO OVERTHROW 

6 DEMOCRATICALLY ELECTED GOVERNMENTS. 

7 Not later than 120 days after the date of the enact8 ment of this Act, the President shall submit to the Perma9 nent Select Committee on Intelligence of the House of 

10 Representatives and the Select Committee on Intelligence 

11 of the Senate a report describing any authorization grant12 ed during the 10-year period ending on the date of the 

13 enactment of this Act to engage in intelligence activities 

14 related to the overthrow of a democratically elected gov15 ernment. 

16 SEC. 511. REPORT ON INTELLIGENCE RELATING TO INSUR17 GENT FORCES IN IRAQ. 

18 Not later than 90 days after the date of the enact19 ment of this Act, and every 90 days thereafter, the Direc20 tor of National Intelligence shall submit to Congress a re21 port, in classified form, on intelligence relating to the dis22 position of insurgent forces in Iraq fighting against Coali23 tion forces and the forces of the Government of Iraq, in24 cluding—
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1 (1) an estimate of the number of insurgent 

2 forces; 

3 (2) an estimate of the number of insurgent 

4 forces that are—

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

6 and 

7 (B) members of al Qaeda or other terrorist 

8 organizations; 

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

10 forces are located; 

11 (4) a description of the capability of the insur12 gent forces; and 

13 (5) a description of how the insurgent forces 

14 are funded. 

15 SEC. 512. SENSE OF CONGRESS REGARDING UNAUTHOR16 IZED DISCLOSURE OF CLASSIFIED INFORMA17 TION. 

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

19 (1) The Supreme Court has unequivocally rec20 ognized that the Constitution vests the President 

21 with the authority to protect national security infor22 mation as head of the Executive Branch and as 

23 Commander-in-Chief. 
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1 (2) The Supreme Court has recognized a com2 pelling government interest in withholding national 

3 security information from unauthorized persons. 

4 (3) The Supreme Court has recognized that se5 crecy agreements for government employees are a 

6 reasonable means for protecting this vital interest. 

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

8 should be obvious that no one has a ‘right’ to a se9 curity clearance’’. 

10 (5) Unauthorized disclosures of classified infor11 mation relating to national security are most dam12 aging when they have the potential to compromise 

13 intelligence sources and methods and ongoing intel14 ligence operations. 

15 (6) Potential unauthorized disclosures of classi16 fied information have impeded relationships with for17 eign intelligence services and the effectiveness of the 

18 Global War on Terrorism. 

19 (7) Media corporations and journalists have im20 properly profited financially from publishing pur21 ported unauthorized disclosures of classified infor22 mation. 

23 (b) SENSE OF CONGRESS.—It is the sense of Con24 gress that the President should utilize the constitutional 

25 authority of the President to the fullest practicable extent, 
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1 where warranted, to classify and protect national security 

2 information relating to intelligence activities and informa3 tion and to take effective action against persons who com4 mit unauthorized disclosures of classified information re5 lating to intelligence activities and information contrary 

6 to law and voluntary secrecy agreements. 

7 TITLE VI—COMMUNICATION OF 

8 INFORMATION CONCERNING 

9 TERRORIST THREATS 

10 SEC. 601. IDENTIFICATION OF BEST PRACTICES. 

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

12 and the Director of National Intelligence shall conduct 

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

14 the operations of Federal, State, and local government en15 tities to identify best practices for the communication of 

16 information concerning a terrorist threat. 

17 (b) CONTENTS.—

18 (1) IDENTIFICATION OF BEST PRACTICES.—The 

19 study conducted under this section shall be focused 

20 on an analysis and identification of the best prac21 tices of the information sharing processes of the fol22 lowing government entities: 

23 (A) Joint Terrorism Task Forces, which 

24 are operated by the Federal Bureau of Inves-
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1 tigations with the participation of local law en2 forcement agencies. 

3 (B) State Homeland Security Fusion Cen4 ters, which are established by a State and share 

5 information with Federal departments. 

6 (C) The Homeland Security Operations 

7 Center, which is operated by the Department of 

8 Homeland Security for the purposes of coordi9 nating information. 

10 (D) State and local law enforcement agen11 cies that collect, utilize, and disseminate infor12 mation on potential terrorist attacks. 

13 (E) The appropriate elements of the intel14 ligence community, as defined in section 3 of 

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

16 401a), involved in the sharing of counter-ter17 rorism information. 

18 (2) COORDINATION OF GOVERNMENT ENTI19 TIES.—The study conducted under this section shall 

20 include an examination of methods for coordinating 

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

22 responding to a terrorist threat, and specifically the 

23 communication to the general public of information 

24 concerning the threat. The study shall not include 
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1 an examination of the sources and methods used in 

2 the collection of the information. 

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

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

5 with due regard for the protection of classified informa6 tion, may secure directly from any department or agency 

7 of the United States information necessary to enable the 

8 Secretary to carry out this section. Classified information 

9 shall be handled through established methods for control10 ling such information. 

11 (d) TEMPORARY DUTY OF FEDERAL PERSONNEL.—

12 The Secretary, in conjunction with the Director, may re13 quest the head of any department or agency of the United 

14 States to detail to temporary duty personnel within the 

15 administrative jurisdiction of the head of the department 

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

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

18 or other employee status. 

19 (e) REPORT.—

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

21 after the date of enactment of this Act, the Sec22 retary, in conjunction with the Director, shall submit 

23 to Congress a report that contains—

24 (A) a detailed statement of the findings 

25 and conclusions of the study, including identi-
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1 fication of the best practices for the processing, 

2 analysis, and dissemination of information be3 tween the government entities referred to in 

4 subsection (b)(1); and 

5 (B) recommendations for a formalized 

6 process of consultation, communication, and 

7 confidentiality between Federal, State, and local 

8 governments, incorporating the best practices of 

9 the various entities studied, to facilitate com10 munication and help prevent the unauthorized 

11 dissemination of information and criticism of 

12 decisions concerning terrorist threats. 

13 (2) CLASSIFIED INFORMATION.—To the extent 

14 determined appropriate by the Secretary, in conjunc15 tion with the Director, the Secretary may submit a 

16 portion of the report in classified form. 

17 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to carry out this section 

19 $5,000,000 for fiscal year 2007. 

20 SEC. 602. CENTERS OF BEST PRACTICES. 

21 (a) IN GENERAL.—The Secretary of Homeland Secu22 rity, in consultation with the Director of National Intel23 ligence, shall make grants for the establishment and oper24 ation of 3 centers to implement the best practices, identi25 fied by the study conducted under section 601, for the 
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1 processing, analysis, and dissemination of information 

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

3 to as a ‘‘Center’’). 

4 (b) LOCATION OF CENTERS.—In carrying out sub5 section (a), the Secretary, in consultation with the Direc6 tor, shall make grants to—

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

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

9 (2) the State of Michigan for the establishment 

10 of a Center to be located in Detroit; and 

11 (3) the State of California for the establishment 

12 of a Center to be located in Los Angeles. 

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

14 (1) implement the best practices, identified by 

15 the study conducted under section 601, for informa16 tion sharing concerning a terrorist threat; 

17 (2) coordinate the communication of these best 

18 practices with other metropolitan areas; 

19 (3) coordinate with the Secretary and the Di20 rector to develop a training curriculum to implement 

21 these best practices; 

22 (4) provide funding and technical assistance to 

23 other metropolitan areas to assist the metropolitan 

24 areas in the implementation of the curriculum devel25 oped under paragraph (3); and 
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1 (5) coordinate with the Secretary and the Di2 rector to establish a method to advertise and dis3 seminate these best practices. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated for making grants under 

6 this section—

7 (1) $10,000,000 for fiscal year 2007 for the es8 tablishment of the Centers; and 

9 (2) $3,000,000 for each of fiscal years 2008 

10 through 2012 for the operation of the Centers. 

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

12 31, 2010, the Secretary, in consultation with the Director, 

13 shall submit to Congress a report evaluating the oper14 ations of the Centers and making recommendations for fu15 ture funding.

Passed the House of Representatives April 26, 2006. 

Attest:

Clerk. 
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