II 

Calendar No. 181 

110TH CONGRESS 

1ST SESSION S. 1538 

[Report No. 110–75] 

To authorize appropriations for fiscal year 2008 for the intelligence and 

intelligence-related activities of the United States Government, the Intelligence Community Management Account, and the Central Intelligence 

Agency Retirement and Disability System, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 31, 2007 

Mr. ROCKEFELLER from the Select Committee on Intelligence reported under 

authority of the order of the Senate of May 25, 2007, the following original bill; which was read twice and placed on the calendar 

A BILL 

To authorize appropriations for fiscal year 2008 for the 

intelligence and intelligence-related activities of the 

United States Government, the Intelligence Community 

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

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


hmoore on PRODPC68 with HMBILLS
2 

•S 1538 PCS

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Intelligence Authorization Act for Fiscal Year 2008’’. 

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

5 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 level adjustments. 

Sec. 104. Intelligence Community Management Account. 

Sec. 105. Incorporation of reporting requirements. 

Sec. 106. Development and acquisition program. 

Sec. 107. Availability to public of certain intelligence funding information. 

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 

DISABILITY SYSTEM 

Sec. 201. Authorization of appropriations. 

Sec. 202. Technical modification to mandatory retirement provision of Central 

Intelligence Agency Retirement Act. 

TITLE III—INTELLIGENCE AND GENERAL INTELLIGENCE 

COMMUNITY MATTERS 

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

Sec. 302. Restriction on conduct of intelligence activities. 

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

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

collection personnel. 

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

Sec. 306. Increase in penalties for disclosure of undercover intelligence officers 

and agents. 

Sec. 307. Extension to intelligence community of authority to delete information about receipt and disposition of foreign gifts and decorations. 

Sec. 308. Public Interest Declassification Board. 

Sec. 309. Enhanced flexibility in non-reimbursable details to elements of the intelligence community. 

Sec. 310. Director of National Intelligence report on compliance with the Detainee Treatment Act of 2005 and related provisions of the 

Military Commissions Act of 2006. 

Sec. 311. Terms of service of Program Manager for the Information Sharing 

Environment and the Information Sharing Council. 

Sec. 312. Improvement of notification of Congress regarding intelligence activities of the United States Government. 


hmoore on PRODPC68 with HMBILLS
3 

•S 1538 PCS

Sec. 313. Additional limitation on availability of funds for intelligence and intelligence-related activities. 

Sec. 314. Vulnerability assessments of major systems. 

Sec. 315. Annual personnel level assessments for the intelligence community. 

Sec. 316. Business enterprise architecture and business system modernization 

for the intelligence community. 

Sec. 317. Reports on the acquisition of major systems. 

Sec. 318. Excessive cost growth of major systems. 

Sec. 319. Submittal to Congress of certain court orders under the Foreign Intelligence Surveillance Act of 1978. 

Sec. 320. Submittal to Congress of certain President’s Daily Briefs on Iraq. 

Sec. 321. National intelligence estimate on global climate change. 

Sec. 322. Repeal of certain reporting requirements. 

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE 

INTELLIGENCE COMMUNITY 

Subtitle A—Office of the Director of National Intelligence 

Sec. 401. Requirements for accountability reviews by the Director of National 

Intelligence. 

Sec. 402. Additional authorities of the Director of National Intelligence on intelligence information sharing. 

Sec. 403. Modification of limitation on delegation by the Director of National 

Intelligence of the protection of intelligence sources and methods. 

Sec. 404. Additional administrative authority of the Director of National Intelligence. 

Sec. 405. Enhancement of authority of the Director of National Intelligence for 

flexible personnel management among the elements of the intelligence community. 

Sec. 406. Clarification of limitation on co-location of the Office of the Director 

of National Intelligence. 

Sec. 407. Additional duties of the Director of Science and Technology of the 

Office of the Director of National Intelligence. 

Sec. 408. Title of Chief Information Officer of the Intelligence Community. 

Sec. 409. Reserve for Contingencies of the Office of the Director of National 

Intelligence. 

Sec. 410. Inspector General of the Intelligence Community. 

Sec. 411. Leadership and location of certain offices and officials. 

Sec. 412. National Space Intelligence Office. 

Sec. 413. Operational files in the Office of the Director of National Intelligence. 

Sec. 414. Repeal of certain authorities relating to the Office of the National 

Counter-intelligence Executive. 

Sec. 415. Inapplicability of Federal Advisory Committee Act to advisory committees of the Office of the Director of National Intelligence. 

Sec. 416. Membership of the Director of National Intelligence on the Transportation Security Oversight Board. 

Sec. 417. Applicability of the Privacy Act to the Director of National Intelligence and the Office of the Director of National Intelligence. 

Subtitle B—Central Intelligence Agency 

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


hmoore on PRODPC68 with HMBILLS
4 

•S 1538 PCS

Sec. 422. Inapplicability to Director of the Central Intelligence Agency of requirement for annual report on progress in auditable financial 

statements. 

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

Central Intelligence Agency. 

Sec. 424. Technical amendments relating to titles of certain Central Intelligence Agency positions. 

Sec. 425. Availability of the Executive Summary of the report on Central Intelligence Agency accountability regarding the terrorist attacks of 

September 11, 2001. 

Sec. 426. Director of National Intelligence report on retirement benefits for 

former employees of Air America. 

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. 

Sec. 433. Inspector general matters. 

Sec. 434. Confirmation of appointment of heads of certain components of the 

intelligence community. 

Sec. 435. Clarification of national security missions of National Geospatial-Intelligence Agency for analysis and dissemination of certain intelligence information. 

Sec. 436. Security clearances in the National Geospatial-Intelligence Agency. 

Subtitle D—Other Elements 

Sec. 441. Clarification of inclusion of Coast Guard and Drug Enforcement Administration as elements of 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. Technical amendments to the National Security Act of 1947. 

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

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

Sec. 504. Technical amendments to title 10, United States Code, arising from 

enactment of the Intelligence Reform and Terrorism Prevention Act of 2004. 

Sec. 505. Technical amendment to the Central Intelligence Agency Act of 1949. 

Sec. 506. Technical amendments relating to the multiyear National Intelligence 

Program. 

Sec. 507. Technical amendments to the Executive Schedule. 

Sec. 508. Technical amendments relating to redesignation of the National Imagery and Mapping Agency as the National Geospatial-Intelligence Agency. 

Sec. 509. Other technical amendments relating to responsibility of the Director 

of National Intelligence as head of the intelligence community. 


hmoore on PRODPC68 with HMBILLS
5 

•S 1538 PCS

1 TITLE I—INTELLIGENCE 

2 ACTIVITIES 

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2008 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. 


hmoore on PRODPC68 with HMBILLS
6 

•S 1538 PCS

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 LEVELS.—The amounts authorized to be appropriated 

6 under section 101, and the authorized personnel levels (ex7 pressed as full-time equivalent positions) as of September 

8 30, 2008, for the conduct of the intelligence and intel9 ligence-related activities of the elements listed in such sec10 tion, are those specified in the classified Schedule of Au11 thorizations prepared to accompany the conference report 

12 on the bill lll of the One Hundred Tenth 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 LEVEL 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 of authorized full-time equivalent positions for fiscal 


hmoore on PRODPC68 with HMBILLS
7 

•S 1538 PCS

1 year 2008 under section 102 when the Director of Na2 tional Intelligence determines that such action is necessary 

3 to the performance of important intelligence functions, ex4 cept that the number of personnel employed in excess of 

5 the number authorized under such section may not, for 

6 any element of the intelligence community, exceed 5 per7 cent of the number of civilian personnel authorized under 

8 such section for such element. 

9 (b) AUTHORITY FOR CONVERSION OF ACTIVITIES

10 PERFORMED BY CONTRACTORS.—In addition to the au11 thority in subsection (a), upon a determination by the 

12 head of an element in the intelligence community that ac13 tivities currently being performed by contractor employees 

14 should be performed by government employees, the con15 currence of the Director of National Intelligence in such 

16 determination, and the approval of the Director of the Of17 fice of Management and Budget, the Director of National 

18 Intelligence may authorize employment of additional full19 time equivalent personnel in such element of the intel20 ligence community equal to the number of full-time equiv21 alent contractor employees performing such activities. 

22 (c) NOTICE TO INTELLIGENCE COMMITTEES.—The 

23 Director of National Intelligence shall notify the Select 

24 Committee on Intelligence of the Senate and the Perma25 nent Select Committee on Intelligence of the House of 


hmoore on PRODPC68 with HMBILLS
8 

•S 1538 PCS

1 Representatives in writing at least 15 days before each 

2 exercise of the authority in subsection (a) or (b). 

3 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC4 COUNT. 

5 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated for the Intelligence Commu7 nity Management Account of the Director of National In8 telligence for fiscal year 2008 the sum of $715,076,000. 

9 Within such amount, funds identified in the classified 

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

11 for advanced research and development shall remain avail12 able until September 30, 2009. 

13 (b) AUTHORIZED PERSONNEL LEVELS.—The ele14 ments within the Intelligence Community Management 

15 Account of the Director of National Intelligence are au16 thorized 1768 full-time equivalent personnel as of Sep17 tember 30, 2008. Personnel serving in such elements may 

18 be permanent employees of the Intelligence Community 

19 Management Account or personnel detailed from other ele20 ments of the United States Government. 

21 (c) CONSTRUCTION OF AUTHORITIES.—The authori22 ties available to the Director of National Intelligence 

23 under section 103 are also available to the Director for 

24 the adjustment of personnel levels in elements within the 

25 Intelligence Community Management Account. 


hmoore on PRODPC68 with HMBILLS
9 

•S 1538 PCS

1 (d) CLASSIFIED AUTHORIZATIONS.— 

2 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

3 addition to amounts authorized to be appropriated 

4 for the Intelligence Community Management Ac5 count by subsection (a), there are also authorized to 

6 be appropriated for the Intelligence Community 

7 Management Account for fiscal year 2008 such addi8 tional amounts as are specified in the classified 

9 Schedule of Authorizations referred to in section 

10 102(a). Such additional amounts for research and 

11 development shall remain available until September 

12 30, 2009. 

13 (2) AUTHORIZATION OF PERSONNEL.—In addi14 tion to the personnel authorized by subsection (b) 

15 for elements of the Intelligence Community Manage16 ment Account as of September 30, 2008, there are 

17 also authorized such additional personnel for such 

18 elements as of that date as are specified in the clas19 sified Schedule of Authorizations. 

20 SEC. 105. INCORPORATION OF REPORTING REQUIRE21 MENTS. 

22 (a) IN GENERAL.—Each requirement to submit a re23 port to the congressional intelligence committees that is 

24 included in the joint explanatory statement to accompany 

25 the conference report on the bill lll of the One HunVerDate Aug 31 2005 00:09 Jun 01, 2007 Jkt 059196 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.PCS S1538

hmoore on PRODPC68 with HMBILLS
10 

•S 1538 PCS

1 dred Tenth Congress, or in the classified annex to this 

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

3 made a requirement in law. 

4 (b) CONGRESSIONAL INTELLIGENCE COMMITTEES

5 DEFINED.—In this section, the term ‘‘congressional intel6 ligence committees’’ means— 

7 (1) the Select Committee on Intelligence of the 

8 Senate; and 

9 (2) the Permanent Select Committee on Intel10 ligence of the House of Representatives. 

11 SEC. 106. DEVELOPMENT AND ACQUISITION PROGRAM. 

12 Of the funds appropriated for the National Intel13 ligence Program for fiscal year 2008, and of funds cur14 rently available for obligation for any prior fiscal year, the 

15 Director of National Intelligence shall transfer not less 

16 than the amount specified in the classified annex to the 

17 Office of the Director of National Intelligence to fund the 

18 development and acquisition of the program specified in 

19 the classified annex. The funds as so transferred shall be 

20 available without fiscal year limitation. 

21 SEC. 107. AVAILABILITY TO PUBLIC OF CERTAIN INTEL22 LIGENCE FUNDING INFORMATION. 

23 (a) AMOUNTS REQUESTED EACH FISCAL YEAR.— 

24 The President shall disclose to the public for each fiscal 

25 year after fiscal year 2008 the aggregate amount of approVerDate Aug 31 2005 00:09 Jun 01, 2007 Jkt 059196 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.PCS S1538

hmoore on PRODPC68 with HMBILLS
11 

•S 1538 PCS

1 priations requested by the President for such fiscal year 

2 for the National Intelligence Program. 

3 (b) AMOUNTS AUTHORIZED AND APPROPRIATED

4 EACH FISCAL YEAR.—Congress shall disclose to the pub5 lic for each fiscal year after fiscal year 2007 the aggregate 

6 amount of funds authorized to be appropriated, and the 

7 aggregate amount of funds appropriated, by Congress for 

8 such fiscal year for the National Intelligence Program. 

9 TITLE II—CENTRAL INTEL10 LIGENCE AGENCY RETIRE11 MENT AND DISABILITY SYS12 TEM 

13 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

14 There is authorized to be appropriated for the Cen15 tral Intelligence Agency Retirement and Disability Fund 

16 for fiscal year 2008 the sum of $262,500,000. 

17 SEC. 202. TECHNICAL MODIFICATION TO MANDATORY RE18 TIREMENT PROVISION OF CENTRAL INTEL19 LIGENCE AGENCY RETIREMENT ACT. 

20 Section 235(b)(1)(A) of the Central Intelligence 

21 Agency Retirement Act (50 U.S.C. 2055(b)(1)(A)) is 

22 amended by striking ‘‘receiving compensation under the 

23 Senior Intelligence Service pay schedule at the rate’’ and 

24 inserting ‘‘who is at the Senior Intelligence Service rank’’. 


hmoore on PRODPC68 with HMBILLS
12 

•S 1538 PCS

1 TITLE III—INTELLIGENCE AND 

2 GENERAL INTELLIGENCE 

3 COMMUNITY MATTERS 

4 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND 

5 BENEFITS AUTHORIZED BY LAW. 

6 Appropriations authorized by this Act for salary, pay, 

7 retirement, and other benefits for Federal employees may 

8 be increased by such additional or supplemental amounts 

9 as may be necessary for increases in such compensation 

10 or benefits authorized by law. 

11 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE 

12 ACTIVITIES. 

13 The authorization of appropriations by this Act shall 

14 not be deemed to constitute authority for the conduct of 

15 any intelligence activity which is not otherwise authorized 

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

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

19 SECURITY ACT OF 1947. 

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

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


hmoore on PRODPC68 with HMBILLS
13 

•S 1538 PCS

1 SEC. 304. DELEGATION OF AUTHORITY FOR TRAVEL ON 

2 COMMON CARRIERS FOR INTELLIGENCE 

3 COLLECTION PERSONNEL. 

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

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

6 is amended— 

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

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

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

12 and 

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

14 paragraph: 

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

18 such authority to such senior officials of such element as 

19 are specified in guidelines prescribed by the Director of 

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

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

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

23 this Act, the Director of National Intelligence shall pre24 scribe and submit to the congressional intelligence com25 mittees the guidelines referred to in paragraph (2) of secVerDate Aug 31 2005 00:09 Jun 01, 2007 Jkt 059196 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.PCS S1538

hmoore on PRODPC68 with HMBILLS
14 

•S 1538 PCS

1 tion 116(b) of the National Security Act of 1947, as added 

2 by subsection (a). 

3 (c) CONGRESSIONAL INTELLIGENCE COMMITTEES

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

6 (1) the Select Committee on Intelligence of the 

7 Senate; and 

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

10 SEC. 305. MODIFICATION OF AVAILABILITY OF FUNDS FOR 

11 DIFFERENT INTELLIGENCE ACTIVITIES. 

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

14 amended to read as follows: 

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

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

18 SEC. 306. INCREASE IN PENALTIES FOR DISCLOSURE OF 

19 UNDERCOVER INTELLIGENCE OFFICERS AND 

20 AGENTS. 

21 (a) DISCLOSURE OF AGENT AFTER ACCESS TO IN22 FORMATION IDENTIFYING AGENT.—Subsection (a) of sec23 tion 601 of the National Security Act of 1947 (50 U.S.C. 

24 421) is amended by striking ‘‘ten years’’ and inserting ‘‘15 

25 years’’. 


hmoore on PRODPC68 with HMBILLS
15 

•S 1538 PCS

1 (b) DISCLOSURE OF AGENT AFTER ACCESS TO CLAS2 SIFIED INFORMATION.—Subsection (b) of such section is 

3 amended by striking ‘‘five years’’ and inserting ‘‘ten 

4 years’’. 

5 SEC. 307. EXTENSION TO INTELLIGENCE COMMUNITY OF 

6 AUTHORITY TO DELETE INFORMATION 

7 ABOUT RECEIPT AND DISPOSITION OF FOR8 EIGN GIFTS AND DECORATIONS. 

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

10 States Code, is amended to read as follows: 

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

12 of the intelligence community, the head of such element 

13 may delete the information described in subparagraphs 

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

15 element certifies in writing to the Secretary of State that 

16 the publication of such information could adversely affect 

17 United States intelligence sources or methods. 

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

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

20 shall be transmitted to the Director of National Intel21 ligence. 

22 ‘‘(C) In this paragraph, the term ‘element of the in23 telligence community’ means an element of the intelligence 

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

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


hmoore on PRODPC68 with HMBILLS
16 

•S 1538 PCS

1 SEC. 308. PUBLIC INTEREST DECLASSIFICATION BOARD. 

2 The Public Interest Declassification Act of 2000 (50 

3 U.S.C. 435 note) is amended— 

4 (1) in section 704(e)— 

5 (A) by striking ‘‘If requested’’ and insert6 ing the following: 

7 ‘‘(1) IN GENERAL.—If requested’’; and 

8 (B) by adding at the end the following: 

9 ‘‘(2) AUTHORITY OF BOARD.—Upon receiving a 

10 congressional request described in section 703(b)(5), 

11 the Board may conduct the review and make the 

12 recommendations described in that section, regard13 less of whether such a review is requested by the 

14 President. 

15 ‘‘(3) REPORTING.—Any recommendations sub16 mitted to the President by the Board under section 

17 703(b)(5), shall be submitted to the chairman and 

18 ranking member of the committee of Congress that 

19 made the request relating to such recommenda20 tions.’’; and 

21 (2) in section 710(b), by striking ‘‘8 years after 

22 the date of the enactment of this Act’’ and inserting 

23 ‘‘on December 31, 2012’’. 


hmoore on PRODPC68 with HMBILLS
17 

•S 1538 PCS

1 SEC. 309. ENHANCED FLEXIBILITY IN NON-REIMBURSABLE 

2 DETAILS TO ELEMENTS OF THE INTEL3 LIGENCE COMMUNITY. 

4 (a) IN GENERAL.—Except as provided in section 113 

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

6 and section 904(g)(2) of the Counterintelligence Enhance7 ment Act of 2002 (title IX of Public Law 107–306; 50 

8 U.S.C. 402c(g)(2)) and notwithstanding any other provi9 sion of law, in any fiscal year after fiscal year 2007 an 

10 officer or employee of the United States or member of the 

11 Armed Forces may be detailed to the staff of an element 

12 of the intelligence community funded through the Commu13 nity Management Account from another element of the 

14 United States Government on a reimbursable or non-reim15 bursable basis, as jointly agreed to by the Director of Na16 tional Intelligence and the head of the detailing element 

17 (or the designees of such officials), for a period not to 

18 exceed three years. 

19 (b) ELEMENT OF THE INTELLIGENCE COMMUNITY

20 DEFINED.—In this section, the term ‘‘element of the intel21 ligence community’’ means an element of the intelligence 

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

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


hmoore on PRODPC68 with HMBILLS
18 

•S 1538 PCS

1 SEC. 310. DIRECTOR OF NATIONAL INTELLIGENCE REPORT 

2 ON COMPLIANCE WITH THE DETAINEE 

3 TREATMENT ACT OF 2005 AND RELATED PRO4 VISIONS OF THE MILITARY COMMISSIONS 

5 ACT OF 2006. 

6 (a) REPORT REQUIRED.—Not later than September 

7 1, 2007, the Director of National Intelligence shall submit 

8 to the congressional intelligence committees a comprehen9 sive report on all measures taken by the Office of the Di10 rector of National Intelligence and by each element, if any, 

11 of the intelligence community with relevant responsibilities 

12 to comply with the provisions of the Detainee Treatment 

13 Act of 2005 (title X of division A of Public Law 109– 

14 148) and related provisions of the Military Commissions 

15 Act of 2006 (Public Law 109–366). 

16 (b) ELEMENTS.—The report required by subsection 

17 (a) shall include the following: 

18 (1) A description of the detention or interroga19 tion methods, if any, that have been determined to 

20 comply with section 1003 of the Detainee Treatment 

21 Act of 2005 (119 Stat. 2739; 42 U.S.C. 2000dd) 

22 and section 6 of the Military Commissions Act of 

23 2006 (120 Stat. 2632; 18 U.S.C. 2441 note) (in24 cluding the amendments made by such section 6), 

25 and, with respect to each such method— 


hmoore on PRODPC68 with HMBILLS
19 

•S 1538 PCS

1 (A) an identification of the official making 

2 such determination; and 

3 (B) a statement of the basis for such de4 termination. 

5 (2) A description of the detention or interroga6 tion methods, if any, whose use has been discon7 tinued pursuant to the Detainee Treatment Act of 

8 2005 or the Military Commission Act of 2006, and, 

9 with respect to each such method— 

10 (A) an identification of the official making 

11 the determination to discontinue such method; 

12 and 

13 (B) a statement of the basis for such de14 termination. 

15 (3) A description of any actions that have been 

16 taken to implement section 1004 of the Detainee 

17 Treatment Act of 2005 (119 Stat. 2740; 42 U.S.C. 

18 2000dd–1), and, with respect to each such action— 

19 (A) an identification of the official taking 

20 such action; and 

21 (B) a statement of the basis for such ac22 tion. 

23 (4) Any other matters that the Director con24 siders necessary to fully and currently inform the 

25 congressional intelligence committees about the imVerDate Aug 31 2005 00:09 Jun 01, 2007 Jkt 059196 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.PCS S1538

hmoore on PRODPC68 with HMBILLS
20 

•S 1538 PCS

1 plementation of the Detainee Treatment Act of 2005 

2 and related provisions of the Military Commissions 

3 Act of 2006. 

4 (5) An appendix containing— 

5 (A) all guidelines for the application of the 

6 Detainee Treatment Act of 2005 and related 

7 provisions of the Military Commissions Act of 

8 2006 to the detention or interrogation activi9 ties, if any, of any element of the intelligence 

10 community; and 

11 (B) all legal justifications of any office or 

12 official of the Department of Justice about the 

13 meaning or application of Detainee Treatment 

14 Act of 2005 or related provisions of the Military 

15 Commissions Act of 2006 with respect to the 

16 detention or interrogation activities, if any, of 

17 any element of the intelligence community. 

18 (c) FORM.—The report required by subsection (a) 

19 shall be submitted in classified form. 

20 (d) DEFINITIONS.—In this section: 

21 (1) The term ‘‘congressional intelligence com22 mittees’’ means— 

23 (A) the Select Committee on Intelligence of 

24 the Senate; and 


hmoore on PRODPC68 with HMBILLS
21 

•S 1538 PCS

1 (B) the Permanent Select Committee of 

2 the House of Representatives. 

3 (2) The term ‘‘element of the intelligence com4 munity’’ means the elements of the intelligence com5 munity specified in or designated under section 3(4) 

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

7 401a(4)). 

8 SEC. 311. TERMS OF SERVICE OF PROGRAM MANAGER FOR 

9 THE INFORMATION SHARING ENVIRONMENT 

10 AND THE INFORMATION SHARING COUNCIL. 

11 Section 1016 of the National Security Intelligence 

12 Reform Act of 2004 (title I of Public Law 108–458; 6 

13 U.S.C. 485) is amended— 

14 (1) in subsection (f)(1), by striking ‘‘during the 

15 two-year period beginning on the date of designation 

16 under this paragraph unless sooner’’ and inserting 

17 ‘‘until’’; and 

18 (2) in subsection (g)(1), by striking ‘‘during the 

19 two-year period beginning on the date of the initial 

20 designation of the program manager by the Presi21 dent under subsection (f)(1), unless sooner’’ and in22 serting ‘‘until’’. 


hmoore on PRODPC68 with HMBILLS
22 

•S 1538 PCS

1 SEC. 312. IMPROVEMENT OF NOTIFICATION OF CONGRESS 

2 REGARDING INTELLIGENCE ACTIVITIES OF 

3 THE UNITED STATES GOVERNMENT. 

4 (a) NOTICE ON INFORMATION NOT DISCLOSED.— 

5 (1) IN GENERAL.—Section 502 of the National 

6 Security Act of 1947 (50 U.S.C. 413a) is amend7 ed— 

8 (A) by redesignating subsections (b) and 

9 (c) as subsections (c) and (d), respectively; and 

10 (B) by inserting after subsection (a) the 

11 following new subsection (b): 

12 ‘‘(b) NOTICE ON INFORMATION NOT DISCLOSED.— 

13 ‘‘(1) If the Director of National Intelligence or 

14 the head of a department, agency, or other entity of 

15 the United States Government does not provide in16 formation required by subsection (a) in full or to all 

17 the members of the congressional intelligence com18 mittees, and requests that such information not be 

19 provided, the Director shall, in a timely fashion, no20 tify such committees of the determination not to 

21 provide such information in full or to all members 

22 of such committees. Such notice shall be submitted 

23 in writing in a classified form, include a statement 

24 of the reasons for such determination and descrip25 tion that provides the main features of the intel26 ligence activities covered by such determination, and 


hmoore on PRODPC68 with HMBILLS
23 

•S 1538 PCS

1 contain no restriction on access to this notice by all 

2 members of the committee. 

3 ‘‘(2) Nothing in this subsection shall be con4 strued as authorizing less than full and current dis5 closure to all the members of the Select Committee 

6 on Intelligence of the Senate and the Permanent Se7 lect Committee on Intelligence of the House of Rep8 resentatives of any information necessary to keep all 

9 the members of such committees fully and currently 

10 informed on all intelligence activities covered by this 

11 section.’’. 

12 (2) CONFORMING AMENDMENT.—Subsection (d) 

13 of such section, as redesignated by paragraph (1)(A) 

14 of this subsection, is amended by striking ‘‘sub15 section (b)’’ and inserting ‘‘subsections (b) and (c)’’. 

16 (b) REPORTS AND NOTICE ON COVERT ACTIONS.— 

17 (1) FORM AND CONTENT OF CERTAIN RE18 PORTS.—Subsection (b) of section 503 of such Act 

19 (50 U.S.C. 413b) is amended— 

20 (A) by redesignating paragraphs (1) and 

21 (2) as subparagraphs (A) and (B), respectively; 

22 (B) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

23 (C) by adding at the end the following new 

24 paragraph: 


hmoore on PRODPC68 with HMBILLS
24 

•S 1538 PCS

1 ‘‘(2) Any report relating to a covert action that 

2 is submitted to the congressional intelligence com3 mittees for the purposes of paragraph (1) shall be 

4 in writing, and shall contain the following: 

5 ‘‘(A) A concise statement of any facts per6 tinent to such report. 

7 ‘‘(B) An explanation of the significance of 

8 the covert action covered by such report.’’. 

9 (2) NOTICE ON INFORMATION NOT DIS10 CLOSED.—Subsection (c) of such section is amended 

11 by adding at the end the following new paragraph: 

12 ‘‘(5) If the Director of National Intelligence or 

13 the head of a department, agency, or other entity of 

14 the United States Government does not provide in15 formation required by subsection (b) in full or to all 

16 the members of the congressional intelligence com17 mittees, and requests that such information not be 

18 so provided, the Director shall, in a timely fashion, 

19 notify such committees of the determination not to 

20 provide such information in full or to all members 

21 of such committees. Such notice shall be submitted 

22 in writing in a classified form, include a statement 

23 of the reasons for such determination and a descrip24 tion that provides the main features of the covert ac25 tion covered by such determination, and contain no 


hmoore on PRODPC68 with HMBILLS
25 

•S 1538 PCS

1 restriction on access to this notice by all members of 

2 the committee.’’. 

3 (3) MODIFICATION OF NATURE OF CHANGE OF

4 COVERT ACTION TRIGGERING NOTICE REQUIRE5 MENTS.—Subsection (d) of such section is amended 

6 by striking ‘‘significant’’ the first place it appears. 

7 SEC. 313. ADDITIONAL LIMITATION ON AVAILABILITY OF 

8 FUNDS FOR INTELLIGENCE AND INTEL9 LIGENCE-RELATED ACTIVITIES. 

10 Section 504 of the National Security Act of 1947 (50 

11 U.S.C. 414) is amended— 

12 (1) in subsection (a), by inserting ‘‘the congres13 sional intelligence committees have been fully and 

14 currently informed of such activity and if’’ after 

15 ‘‘only if’’; 

16 (2) by redesignating subsections (b), (c), (d), 

17 and (e) as subsections (c), (d), (e), and (f), respec18 tively; and 

19 (3) by inserting after subsection (a) the fol20 lowing new subsection (b): 

21 ‘‘(b) In any case in which notice to the congressional 

22 intelligence committees on an intelligence or intelligence23 related activity is covered by section 502(b), or in which 

24 notice to the congressional intelligence committees on a 

25 covert action is covered by section 503(c)(5), the congresVerDate Aug 31 2005 00:09 Jun 01, 2007 Jkt 059196 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.PCS S1538

hmoore on PRODPC68 with HMBILLS
26 

•S 1538 PCS

1 sional intelligence committees shall be treated as being 

2 fully and currently informed on such activity or covert ac3 tion, as the case may be, for purposes of subsection (a) 

4 if the requirements of such section 502(b) or 503(c)(5), 

5 as applicable, have been met.’’. 

6 SEC. 314. VULNERABILITY ASSESSMENTS OF MAJOR SYS7 TEMS. 

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

9 Act of 1947 (50 U.S.C. 413 et seq.) is amended by insert10 ing after section 506A the following new section: 

11 ‘‘VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS

12 ‘‘SEC. 506B. (a) INITIAL VULNERABILITY ASSESS13 MENTS.—The Director of National Intelligence shall con14 duct an initial vulnerability assessment for any major sys15 tem and its items of supply, that is proposed for inclusion 

16 in the National Intelligence Program. The initial vulner17 ability assessment of a major system and its items of sup18 ply shall, at a minimum, use an analysis-based approach 

19 to— 

20 ‘‘(1) identify applicable vulnerabilities; 

21 ‘‘(2) define exploitation potential; 

22 ‘‘(3) examine the system’s potential effective23 ness; 

24 ‘‘(4) determine overall vulnerability; and 

25 ‘‘(5) make recommendations for risk reduction. 


hmoore on PRODPC68 with HMBILLS
27 

•S 1538 PCS

1 ‘‘(b) SUBSEQUENT VULNERABILITY ASSESS2 MENTS.—(1) The Director of National Intelligence shall 

3 conduct subsequent vulnerability assessments of each 

4 major system and its items of supply within the National 

5 Intelligence Program— 

6 ‘‘(A) periodically throughout the life-span of the 

7 major system; 

8 ‘‘(B) whenever the Director determines that a 

9 change in circumstances warrants the issuance of a 

10 subsequent vulnerability assessment; or 

11 ‘‘(C) upon the request of a congressional intel12 ligence committee. 

13 ‘‘(2) Any subsequent vulnerability assessment of a 

14 major system and its items of supply shall, at a minimum, 

15 use an analysis-based approach and, if applicable, a test16 ing-based approach, to monitor the exploitation potential 

17 of such system and reexamine the factors described in 

18 paragraphs (1) through (5) of subsection (a). 

19 ‘‘(c) MAJOR SYSTEM MANAGEMENT.—The Director 

20 of National Intelligence shall give due consideration to the 

21 vulnerability assessments prepared for a given major sys22 tem when developing and determining the annual consoli23 dated National Intelligence Program budget. 

24 ‘‘(d) CONGRESSIONAL OVERSIGHT.—(1) The Direc25 tor of National Intelligence shall provide to the congresVerDate Aug 31 2005 00:09 Jun 01, 2007 Jkt 059196 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.PCS S1538

hmoore on PRODPC68 with HMBILLS
28 

•S 1538 PCS

1 sional intelligence committees a copy of each vulnerability 

2 assessment conducted under subsection (a) or (b) not later 

3 than 10 days after the date of the completion of such as4 sessment. 

5 ‘‘(2) The Director of National Intelligence shall pro6 vide the congressional intelligence committees with a pro7 posed schedule for subsequent vulnerability assessments of 

8 a major system under subsection (b) when providing such 

9 committees with the initial vulnerability assessment under 

10 subsection (a) of such system as required by subsection 

11 (d). 

12 ‘‘(e) DEFINITIONS.—In this section: 

13 ‘‘(1) The term ‘items of supply’— 

14 ‘‘(A) means any individual part, compo15 nent, subassembly, assembly, or subsystem inte16 gral to a major system, and other property 

17 which may be replaced during the service life of 

18 the major system, including spare parts and re19 plenishment parts; and 

20 ‘‘(B) does not include packaging or label21 ing associated with shipment or identification of 

22 items. 

23 ‘‘(2) The term ‘major system’ has the meaning 

24 given that term in section 506A(e). 


hmoore on PRODPC68 with HMBILLS
29 

•S 1538 PCS

1 ‘‘(3) The term ‘vulnerability assessment’ means 

2 the process of identifying and quantifying 

3 vulnerabilities in a major system and its items of 

4 supply.’’. 

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

6 in the first section of the National Security Act of 1947 

7 is amended by inserting after the item relating to section 

8 506A the following: 

‘‘Sec. 506B. Vulnerability assessments of major systems.’’. 

9 SEC. 315. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR 

10 THE INTELLIGENCE COMMUNITY. 

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

12 Act of 1947 (50 U.S.C. 413 et seq.), as amended by sec13 tion 314, is further amended by inserting after section 

14 506B, as added by section 314(a), the following new sec15 tion: 

16 ‘‘ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE

17 INTELLIGENCE COMMUNITY

18 ‘‘SEC. 506C. (a) REQUIREMENT TO PROVIDE.—The 

19 Director of National Intelligence shall, in consultation 

20 with the head of the element of the intelligence community 

21 concerned, prepare an annual personnel level assessment 

22 for such element of the intelligence community that as23 sesses the personnel levels for each such element for the 

24 fiscal year following the fiscal year in which the assess25 ment is submitted. 


hmoore on PRODPC68 with HMBILLS
30 

•S 1538 PCS

1 ‘‘(b) SCHEDULE.—Each assessment required by sub2 section (a) shall be submitted to the congressional intel3 ligence committees not later than January 31, of each 

4 year. 

5 ‘‘(c) CONTENTS.—Each assessment required by sub6 section (a) submitted during a fiscal year shall contain, 

7 at a minimum, the following information for the element 

8 of the intelligence community concerned: 

9 ‘‘(1) The personnel costs for the upcoming fis10 cal year. 

11 ‘‘(2) The dollar and percentage increase or de12 crease of such costs as compared to the personnel 

13 costs of the current fiscal year. 

14 ‘‘(3) The dollar and percentage increase or de15 crease of such costs as compared to the personnel 

16 costs during the prior 5 fiscal years. 

17 ‘‘(4) The number of personnel positions re18 quested for the upcoming fiscal year. 

19 ‘‘(5) The numerical and percentage increase or 

20 decrease of such number as compared to the number 

21 of personnel positions of the current fiscal year. 

22 ‘‘(6) The numerical and percentage increase or 

23 decrease of such number as compared to the number 

24 of personnel positions during the prior 5 fiscal years. 


hmoore on PRODPC68 with HMBILLS
31 

•S 1538 PCS

1 ‘‘(7) The number and costs of contractors fund2 ed by the element for the upcoming fiscal year. 

3 ‘‘(8) The numerical and percentage increase or 

4 decrease of such costs of contractors as compared to 

5 the costs of contractors of the current fiscal year. 

6 ‘‘(9) The numerical and percentage increase or 

7 decrease of such costs of contractors as compared to 

8 the cost of contractors, and the number of contrac9 tors, during the prior 5 fiscal years. 

10 ‘‘(10) A written justification for the requested 

11 personnel and contractor levels. 

12 ‘‘(11) A statement by the Director of National 

13 Intelligence that, based on current and projected 

14 funding, the element concerned will have sufficient— 

15 ‘‘(A) internal infrastructure to support the 

16 requested personnel and contractor levels; 

17 ‘‘(B) training resources to support the re18 quested personnel levels; and 

19 ‘‘(C) funding to support the administrative 

20 and operational activities of the requested per21 sonnel levels.’’. 

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

23 in the first section of that Act, as amended by section 

24 314(b), is further amended by inserting after the item reVerDate Aug 31 2005 00:09 Jun 01, 2007 Jkt 059196 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.PCS S1538

hmoore on PRODPC68 with HMBILLS
32 

•S 1538 PCS

1 lating to section 506B, as added by section 314(b), the 

2 following new item: 

‘‘Sec. 506C. Annual personnel levels assessment for the intelligence community.’’. 

3 SEC. 316. BUSINESS ENTERPRISE ARCHITECTURE AND 

4 BUSINESS SYSTEM MODERNIZATION FOR THE 

5 INTELLIGENCE COMMUNITY. 

6 (a) BUSINESS ENTERPRISE ARCHITECTURE AND

7 BUSINESS SYSTEM MODERNIZATION.— 

8 (1) IN GENERAL.—Title V of the National Se9 curity Act of 1947 (50 U.S.C. 413 et seq.), as 

10 amended by sections 314 and 315, is further amend11 ed by inserting after section 506C, as added by sec12 tion 315(a), the following new section: 

13 ‘‘INTELLIGENCE COMMUNITY BUSINESS SYSTEMS, 

14 ARCHITECTURE, ACCOUNTABILITY, AND MODERNIZATION

15 ‘‘SEC. 506D. (a) LIMITATION ON OBLIGATION OF

16 FUNDS FOR INTELLIGENCE COMMUNITY BUSINESS SYS17 TEM MODERNIZATION.—(1) After April 1, 2008, no funds 

18 appropriated to any element of the intelligence community 

19 may be obligated for an intelligence community business 

20 system modernization described in paragraph (2) unless— 

21 ‘‘(A) the approval authority designated by the 

22 Director of National Intelligence under subsection 

23 (c)(2) makes the certification described in paragraph 


hmoore on PRODPC68 with HMBILLS
33 

•S 1538 PCS

1 (3) with respect to the intelligence community busi2 ness system modernization; and 

3 ‘‘(B) the certification is approved by the Intel4 ligence Community Business Systems Management 

5 Committee established under subsection (f). 

6 ‘‘(2) An intelligence community business system mod7 ernization described in this paragraph is an intelligence 

8 community business system modernization that— 

9 ‘‘(A) will have a total cost in excess of 

10 $1,000,000; and 

11 ‘‘(B) will receive more than 50 percent of the 

12 funds for such cost from amounts appropriated for 

13 the National Intelligence Program. 

14 ‘‘(3) The certification described in this paragraph for 

15 an intelligence community business system modernization 

16 is a certification, made by the approval authority des17 ignated by the Director under subsection (c)(2) to the In18 telligence Community Business Systems Management 

19 Committee, that the intelligence community business sys20 tem modernization— 

21 ‘‘(A) complies with the enterprise architecture 

22 under subsection (b); or 

23 ‘‘(B) is necessary— 


hmoore on PRODPC68 with HMBILLS
34 

•S 1538 PCS

1 ‘‘(i) to achieve a critical national security 

2 capability or address a critical requirement in 

3 an area such as safety or security; or 

4 ‘‘(ii) to prevent a significant adverse effect 

5 on a project that is needed to achieve an essen6 tial capability, taking into consideration the al7 ternative solutions for preventing such adverse 

8 effect. 

9 ‘‘(4) The obligation of funds for an intelligence com10 munity business system modernization that does not com11 ply with the requirements of this subsection shall be treat12 ed as a violation of section 1341(a)(1)(A) of title 31, 

13 United States Code. 

14 ‘‘(b) ENTERPRISE ARCHITECTURE FOR INTEL15 LIGENCE COMMUNITY BUSINESS SYSTEMS.—(1) The Di16 rector of National Intelligence shall, acting through the 

17 Intelligence Community Business Systems Management 

18 Committee established under subsection (f), develop and 

19 implement an enterprise architecture to cover all intel20 ligence community business systems, and the functions 

21 and activities supported by such business systems. The en22 terprise architecture shall be sufficiently defined to effec23 tively guide, constrain, and permit implementation of 

24 interoperable intelligence community business system solu25 tions, consistent with applicable policies and procedures 


hmoore on PRODPC68 with HMBILLS
35 

•S 1538 PCS

1 established by the Director of the Office of Management 

2 and Budget. 

3 ‘‘(2) The enterprise architecture under paragraph (1) 

4 shall include the following: 

5 ‘‘(A) An information infrastructure that, at a 

6 minimum, will enable the intelligence community 

7 to— 

8 ‘‘(i) comply with all Federal accounting, fi9 nancial management, and reporting require10 ments; 

11 ‘‘(ii) routinely produce timely, accurate, 

12 and reliable financial information for manage13 ment purposes; 

14 ‘‘(iii) integrate budget, accounting, and 

15 program information and systems; and 

16 ‘‘(iv) provide for the systematic measure17 ment of performance, including the ability to 

18 produce timely, relevant, and reliable cost infor19 mation. 

20 ‘‘(B) Policies, procedures, data standards, and 

21 system interface requirements that apply uniformly 

22 throughout the intelligence community. 

23 ‘‘(c) RESPONSIBILITIES FOR INTELLIGENCE COMMU24 NITY BUSINESS SYSTEM MODERNIZATION.—(1) The Di25 rector of National Intelligence shall be responsible for reVerDate Aug 31 2005 00:09 Jun 01, 2007 Jkt 059196 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.PCS S1538

hmoore on PRODPC68 with HMBILLS
36 

•S 1538 PCS

1 view, approval, and oversight of the planning, design, ac2 quisition, deployment, operation, and maintenance of an 

3 intelligence community business system modernization if 

4 more than 50 percent of the cost of the intelligence com5 munity business system modernization is funded by 

6 amounts appropriated for the National Intelligence Pro7 gram. 

8 ‘‘(2) The Director shall designate one or more appro9 priate officials of the intelligence community to be respon10 sible for making certifications with respect to intelligence 

11 community business system modernizations under sub12 section (a)(3). 

13 ‘‘(d) INTELLIGENCE COMMUNITY BUSINESS SYSTEM

14 INVESTMENT REVIEW.—(1) The approval authority des15 ignated under subsection (c)(2) shall establish and imple16 ment, not later than March 31, 2008, an investment re17 view process for the review of the planning, design, acqui18 sition, development, deployment, operation, maintenance, 

19 modernization, and project cost, benefits, and risks of the 

20 intelligence community business systems for which the ap21 proval authority is responsible. 

22 ‘‘(2) The investment review process under paragraph 

23 (1) shall— 

24 ‘‘(A) meet the requirements of section 11312 of 

25 title 40, United States Code; and 


hmoore on PRODPC68 with HMBILLS
37 

•S 1538 PCS

1 ‘‘(B) specifically set forth the responsibilities of 

2 the approval authority under such review process. 

3 ‘‘(3) The investment review process under paragraph 

4 (1) shall include the following elements: 

5 ‘‘(A) Review and approval by an investment re6 view board (consisting of appropriate representatives 

7 of the intelligence community) of each intelligence 

8 community business system as an investment before 

9 the obligation of funds for such system. 

10 ‘‘(B) Periodic review, but not less often than 

11 annually, of every intelligence community business 

12 system investment. 

13 ‘‘(C) Thresholds for levels of review to ensure 

14 appropriate review of intelligence community busi15 ness system investments depending on the scope, 

16 complexity, and cost of the system involved. 

17 ‘‘(D) Procedures for making certifications in 

18 accordance with the requirements of subsection 

19 (a)(3). 

20 ‘‘(E) Mechanisms to ensure the consistency of 

21 the investment review process with applicable guid22 ance issued by the Director of National Intelligence 

23 and the Intelligence Community Business Systems 

24 Management Committee established under sub25 section (f). 


hmoore on PRODPC68 with HMBILLS
38 

•S 1538 PCS

1 ‘‘(F) Common decision criteria, including stand2 ards, requirements, and priorities, for purposes of 

3 ensuring the integration of intelligence community 

4 business systems. 

5 ‘‘(e) BUDGET INFORMATION.—For each fiscal year 

6 after fiscal year 2009, the Director of National Intel7 ligence shall include in the materials the Director submits 

8 to Congress in support of the budget for such fiscal year 

9 that is submitted to Congress under section 1105 of title 

10 31, United States Code, the following information: 

11 ‘‘(1) An identification of each intelligence com12 munity business system for which funding is pro13 posed in such budget. 

14 ‘‘(2) An identification of all funds, by appro15 priation, proposed in such budget for each such sys16 tem, including— 

17 ‘‘(A) funds for current services to operate 

18 and maintain such system; and 

19 ‘‘(B) funds for business systems mod20 ernization identified for each specific appropria21 tion. 

22 ‘‘(3) For each such system, identification of ap23 proval authority designated for such system under 

24 subsection (c)(2). 


hmoore on PRODPC68 with HMBILLS
39 

•S 1538 PCS

1 ‘‘(4) The certification, if any, made under sub2 section (a)(3) with respect to each such system. 

3 ‘‘(f) INTELLIGENCE COMMUNITY BUSINESS SYSTEMS

4 MANAGEMENT COMMITTEE.—(1) The Director of Na5 tional Intelligence shall establish an Intelligence Commu6 nity Business Systems Management Committee (in this 

7 subsection referred to as the ‘Committee’). 

8 ‘‘(2) The Committee shall— 

9 ‘‘(A) recommend to the Director policies and 

10 procedures necessary to effectively integrate all busi11 ness activities and any transformation, reform, reor12 ganization, or process improvement initiatives under13 taken within the intelligence community; 

14 ‘‘(B) review and approve any major update of— 

15 ‘‘(i) the enterprise architecture developed 

16 under subsection (b); and 

17 ‘‘(ii) any plans for an intelligence commu18 nity business systems modernization; 

19 ‘‘(C) manage cross-domain integration con20 sistent with such enterprise architecture; 

21 ‘‘(D) be responsible for coordinating initiatives 

22 for intelligence community business system mod23 ernization to maximize benefits and minimize costs 

24 for the intelligence community, and periodically re25 port to the Director on the status of efforts to carry 


hmoore on PRODPC68 with HMBILLS
40 

•S 1538 PCS

1 out an intelligence community business system mod2 ernization; 

3 ‘‘(E) ensure that funds are obligated for intel4 ligence community business system modernization in 

5 a manner consistent with subsection (a); and 

6 ‘‘(F) carry out such other duties as the Direc7 tor shall specify. 

8 ‘‘(g) RELATION TO ANNUAL REGISTRATION RE9 QUIREMENTS.—Nothing in this section shall be construed 

10 to alter the requirements of section 8083 of the Depart11 ment of Defense Appropriations Act, 2005 (Public Law 

12 108–287; 118 Stat. 989), with regard to information tech13 nology systems (as defined in subsection (d) of such sec14 tion). 

15 ‘‘(h) RELATION TO DEFENSE BUSINESS SYSTEMS

16 ARCHITECTURE, ACCOUNTABILITY, AND MODERNIZATION

17 REQUIREMENTS.—An intelligence community business 

18 system that receives more than 50 percent of its funds 

19 from amounts available for the National Intelligence Pro20 gram shall be exempt from the requirements of section 

21 2222 of title 10, United States Code. 

22 ‘‘(i) RELATION TO CLINGER-COHEN ACT.—(1) The 

23 Director of National Intelligence and the Chief Informa24 tion Officer of the Intelligence Community shall fulfill the 

25 executive agency responsibilities in chapter 113 of title 40, 


hmoore on PRODPC68 with HMBILLS
41 

•S 1538 PCS

1 United States Code, for any intelligence community busi2 ness system that receives more than 50 percent of its 

3 funding from amounts appropriated for National Intel4 ligence Program. 

5 ‘‘(2) Any intelligence community business system cov6 ered by paragraph (1) shall be exempt from the require7 ments of such chapter 113 that would otherwise apply to 

8 the executive agency that contains the element of the intel9 ligence community involved. 

10 ‘‘(j) REPORTS.—Not later than March 15 of each of 

11 2009 through 2014, the Director of National Intelligence 

12 shall submit to the congressional intelligence committees 

13 a report on the compliance of the intelligence community 

14 with the requirements of this section. Each such report 

15 shall— 

16 ‘‘(1) describe actions taken and proposed for 

17 meeting the requirements of subsection (a), includ18 ing— 

19 ‘‘(A) specific milestones and actual per20 formance against specified performance meas21 ures, and any revision of such milestones and 

22 performance measures; and 

23 ‘‘(B) specific actions on the intelligence 

24 community business system modernizations sub25 mitted for certification under such subsection; 


hmoore on PRODPC68 with HMBILLS
42 

•S 1538 PCS

1 ‘‘(2) identify the number of intelligence commu2 nity business system modernizations that received a 

3 certification described in subsection (a)(3)(B); and 

4 ‘‘(3) describe specific improvements in business 

5 operations and cost savings resulting from successful 

6 intelligence community business systems moderniza7 tion efforts. 

8 ‘‘(k) DEFINITIONS.—In this section: 

9 ‘‘(1) The term ‘enterprise architecture’ has the 

10 meaning given that term in section 3601(4) of title 

11 44, United States Code. 

12 ‘‘(2) The terms ‘information system’ and ‘infor13 mation technology’ have the meanings given those 

14 terms in section 11101 of title 40, United States 

15 Code. 

16 ‘‘(3) The term ‘intelligence community business 

17 system’ means an information system, other than a 

18 national security system, that is operated by, for, or 

19 on behalf of the intelligence community, including fi20 nancial systems, mixed systems, financial data feed21 er systems, the business infrastructure capabilities 

22 shared by the systems of the business enterprise ar23 chitecture that build upon the core infrastructure, 

24 used to support business activities, such as acquisi25 tion, financial management, logistics, strategic planVerDate Aug 31 2005 00:09 Jun 01, 2007 Jkt 059196 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.PCS S1538

hmoore on PRODPC68 with HMBILLS
43 

•S 1538 PCS

1 ning and budgeting, installations and environment, 

2 and human resource management 

3 ‘‘(4) The term ‘intelligence community business 

4 system modernization’ means— 

5 ‘‘(A) the acquisition or development of a 

6 new intelligence community business system; or 

7 ‘‘(B) any significant modification or en8 hancement of an existing intelligence commu9 nity business system (other than necessary to 

10 maintain current services). 

11 ‘‘(5) The term ‘national security system’ has 

12 the meaning given that term in section 3542 of title 

13 44, United States Code.’’. 

14 (2) CLERICAL AMENDMENT.—The table of con15 tents in the first section of that Act, as amended by 

16 section 314 and 315, is further amended by insert17 ing after the item relating to section 506C, as added 

18 by section 315(b) the following new item: 

‘‘Sec. 506D. Intelligence community business systems, architecture, accountability, and modernization.’’. 

19 (b) IMPLEMENTATION.— 

20 (1) CERTAIN DUTIES.—Not later than 60 days 

21 after the date of the enactment of this Act, the Di22 rector of National Intelligence shall— 

23 (A) complete the delegation of responsi24 bility for the review, approval, and oversight of 


hmoore on PRODPC68 with HMBILLS
44 

•S 1538 PCS

1 the planning, design, acquisition, deployment, 

2 operation, maintenance, and modernization of 

3 intelligence community business systems re4 quired by subsection (c) of section 506D of the 

5 National Security Act of 1947 (as added by 

6 subsection (a)); and 

7 (B) designate a vice chairman and per8 sonnel to serve on the Intelligence Community 

9 Business System Management Committee es10 tablished under subsection (f) of such section 

11 506D (as so added). 

12 (2) ENTERPRISE ARCHITECTURE.—The Direc13 tor shall develop the enterprise architecture required 

14 by subsection (b) of such section 506D (as so added) 

15 by not later than March 1, 2008. In so developing 

16 the enterprise architecture, the Director shall de17 velop an implementation plan for the architecture, 

18 including the following: 

19 (A) The acquisition strategy for new sys20 tems that are expected to be needed to complete 

21 the enterprise architecture, including specific 

22 time-phased milestones, performance metrics, 

23 and a statement of the financial and non24 financial resource needs. 


hmoore on PRODPC68 with HMBILLS
45 

•S 1538 PCS

1 (B) An identification of the intelligence 

2 community business systems in operation or 

3 planned as of December 31, 2006, that will not 

4 be a part of the enterprise architecture, to5 gether with the schedule for the phased termi6 nation of the utilization of any such systems. 

7 (C) An identification of the intelligence 

8 community business systems in operation or 

9 planned as of December 31, 2006, that will be 

10 a part of the enterprise architecture, together 

11 with a strategy for modifying such systems to 

12 ensure that such systems comply with such en13 terprise architecture. 

14 SEC. 317. REPORTS ON THE ACQUISITION OF MAJOR SYS15 TEMS. 

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

17 Act of 1947 (50 U.S.C. 413 et seq.), as amended by sec18 tions 314 through 316, is further amended by inserting 

19 after section 506D, as added by section 316(a)(1), the fol20 lowing new section: 

21 ‘‘REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS

22 ‘‘SEC. 506E. (a) ANNUAL REPORTS REQUIRED.—(1) 

23 The Director of National Intelligence shall submit to the 

24 congressional intelligence committees each year, at the 

25 same time the budget of the President for the fiscal year 

26 beginning in such year is submitted to Congress pursuant 


hmoore on PRODPC68 with HMBILLS
46 

•S 1538 PCS

1 to section 1105 of title 31, United States Code, a separate 

2 report on each acquisition of a major system by an ele3 ment of the intelligence community. 

4 ‘‘(2) Each report under this section shall be known 

5 as a ‘Report on the Acquisition of Major Systems’. 

6 ‘‘(b) ELEMENTS.—Each report under this section 

7 shall include, for the acquisition of a major system, infor8 mation on the following: 

9 ‘‘(1) The current total anticipated acquisition 

10 cost for such system, and the history of such cost 

11 from the date the system was first included in a re12 port under this section to the end of the calendar 

13 quarter immediately proceeding the submittal of the 

14 report under this section. 

15 ‘‘(2) The current anticipated development 

16 schedule for the system, including an estimate of an17 nual development costs until development is com18 pleted. 

19 ‘‘(3) The current anticipated procurement 

20 schedule for the system, including the best estimate 

21 of the Director of National Intelligence of the an22 nual costs and units to be procured until procure23 ment is completed. 

24 ‘‘(4) A full life-cycle cost analysis for such sys25 tem. 


hmoore on PRODPC68 with HMBILLS
47 

•S 1538 PCS

1 ‘‘(5) The result of any significant test and eval2 uation of such major system as of the date of the 

3 submittal of such report, or, if a significant test and 

4 evaluation has not been conducted, a statement of 

5 the reasons therefor and the results of any other test 

6 and evaluation that has been conducted of such sys7 tem. 

8 ‘‘(6) The reasons for any change in acquisition 

9 cost, or schedule, for such system from the previous 

10 report under this section (if applicable). 

11 ‘‘(7) The significant contracts or subcontracts 

12 related to the major system. 

13 ‘‘(8) If there is any cost or schedule variance 

14 under a contract referred to in paragraph (7) since 

15 the previous report under this section, the reasons 

16 for such cost or schedule variance. 

17 ‘‘(c) DETERMINATION OF INCREASE IN COSTS.—Any 

18 determination of a percentage increase in the acquisition 

19 costs of a major system for which a report is filed under 

20 this section shall be stated in terms of constant dollars 

21 from the first fiscal year in which funds are appropriated 

22 for such contract. 

23 ‘‘(d) DEFINITIONS.—In this section: 

24 ‘‘(1) The term ‘acquisition cost’, with respect to 

25 a major system, means the amount equal to the total 


hmoore on PRODPC68 with HMBILLS
48 

•S 1538 PCS

1 cost for development and procurement of, and sys2 tem-specific construction for, such system. 

3 ‘‘(2) The term ‘full life-cycle cost’, with respect 

4 to the acquisition of a major system, means all costs 

5 of development, procurement, construction, deploy6 ment, and operation and support for such program, 

7 without regard to funding source or management 

8 control, including costs of development and procure9 ment required to support or utilize such system. 

10 ‘‘(3) The term ‘major system’, has the meaning 

11 given that term in section 506A(e).’’. 

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

13 in the first section of that Act, as amended by sections 

14 314 through 316, is further amended by inserting after 

15 the item relating to section 506D, as added by section 

16 316(a)(2), the following new item: 

‘‘Sec. 506E. Reports on the acquisition of major systems.’’. 

17 SEC. 318. EXCESSIVE COST GROWTH OF MAJOR SYSTEMS. 

18 (a) NOTIFICATION.—Title V of the National Security 

19 Act of 1947, as amended by sections 314 through 317, 

20 is further amended by inserting after section 506E, as 

21 added by section 317(a), the following new section: 

22 ‘‘EXCESSIVE COST GROWTH OF MAJOR SYSTEMS

23 ‘‘SEC. 506F. (a) COST INCREASES OF AT LEAST 20 

24 PERCENT.—(1) On a continuing basis, and separate from 

25 the submission of any report on a major system required 


hmoore on PRODPC68 with HMBILLS
49 

•S 1538 PCS

1 by section 506E of this Act, the Director of National Intel2 ligence shall determine if the acquisition cost of such 

3 major system has increased by at least 20 percent as com4 pared to the baseline cost of such major system. 

5 ‘‘(2)(A) If the Director determines under paragraph 

6 (1) that the acquisition cost of a major system has in7 creased by at least 20 percent, the Director shall submit 

8 to the congressional intelligence committees a written noti9 fication of such determination as described in subpara10 graph (B), a description of the amount of the increase in 

11 the acquisition cost of such major system, and a certifi12 cation as described in subparagraph (C). 

13 ‘‘(B) The notification required by subparagraph (A) 

14 shall include— 

15 ‘‘(i) an independent cost estimate; 

16 ‘‘(ii) the date on which the determination cov17 ered by such notification was made; 

18 ‘‘(iii) contract performance assessment informa19 tion with respect to each significant contract or sub20 contract related to such major system, including the 

21 name of the contractor, the phase of the contract at 

22 the time of the report, the percentage of work under 

23 the contract that has been completed, any change in 

24 contract cost, the percentage by which the contract 

25 is currently ahead or behind schedule, and a sumVerDate Aug 31 2005 00:09 Jun 01, 2007 Jkt 059196 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.PCS S1538

hmoore on PRODPC68 with HMBILLS
50 

•S 1538 PCS

1 mary explanation of significant occurrences, such as 

2 cost and schedule variances, and the effect of such 

3 occurrences on future costs and schedules; 

4 ‘‘(iv) the prior estimate of the full life-cycle cost 

5 for such major system, expressed in constant dollars 

6 and in current year dollars; 

7 ‘‘(v) the current estimated full life-cycle cost of 

8 such major system, expressed in constant dollars 

9 and current year dollars; 

10 ‘‘(vi) a statement of the reasons for any in11 creases in the full life-cycle cost of such major sys12 tem; 

13 ‘‘(vii) the current change and the total change, 

14 in dollars and expressed as a percentage, in the full 

15 life-cycle cost applicable to such major system, stat16 ed both in constant dollars and current year dollars; 

17 ‘‘(viii) the completion status of such major sys18 tem expressed as the percentage— 

19 ‘‘(I) of the total number of years for which 

20 funds have been appropriated for such major 

21 system compared to the number of years for 

22 which it is planned that such funds will be ap23 propriated; and 

24 ‘‘(II) of the amount of funds that have 

25 been appropriated for such major system comVerDate Aug 31 2005 00:09 Jun 01, 2007 Jkt 059196 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.PCS S1538

hmoore on PRODPC68 with HMBILLS
51 

•S 1538 PCS

1 pared to the total amount of such funds which 

2 it is planned will be appropriated; 

3 ‘‘(ix) the action taken and proposed to be taken 

4 to control future cost growth of such major system; 

5 and 

6 ‘‘(x) any changes made in the performance or 

7 schedule of such major system and the extent to 

8 which such changes have contributed to the increase 

9 in full life-cycle costs of such major system. 

10 ‘‘(C) The certification described in this subparagraph 

11 is a written certification made by the Director and sub12 mitted to the congressional intelligence committees that— 

13 ‘‘(i) the acquisition of such major system is es14 sential to the national security; 

15 ‘‘(ii) there are no alternatives to such major 

16 system that will provide equal or greater intelligence 

17 capability at equal or lesser cost to completion; 

18 ‘‘(iii) the new estimates of the full life-cycle cost 

19 for such major system are reasonable; and 

20 ‘‘(iv) the management structure for the acquisi21 tion of such major system is adequate to manage 

22 and control full life-cycle cost of such major system. 

23 ‘‘(b) COST INCREASES OF AT LEAST 40 PERCENT.— 

24 (1) If the Director of National Intelligence determines 

25 that the acquisition cost of a major system has increased 


hmoore on PRODPC68 with HMBILLS
52 

•S 1538 PCS

1 by at least 40 percent as compared to the baseline cost 

2 of such major system, the President shall submit to the 

3 congressional intelligence committees a written certifi4 cation stating that— 

5 ‘‘(A) the acquisition of such major system is es6 sential to the national security; 

7 ‘‘(B) there are no alternatives to such major 

8 system that will provide equal or greater intelligence 

9 capability at equal or lesser cost to completion; 

10 ‘‘(C) the new estimates of the full life-cycle cost 

11 for such major system are reasonable; and 

12 ‘‘(D) the management structure for the acquisi13 tion of such major system is adequate to manage 

14 and control the full life-cycle cost of such major sys15 tem. 

16 ‘‘(2) In addition to the certification required by para17 graph (1), the Director of National Intelligence shall sub18 mit to the congressional intelligence committees an up19 dated notification, with current accompanying informa20 tion, as required by subsection (a)(2). 

21 ‘‘(c) PROHIBITION ON OBLIGATION OF FUNDS.—(1) 

22 If a written certification required under subsection 

23 (a)(2)(A) is not submitted to the congressional intelligence 

24 committees within 30 days of the determination made 

25 under subsection (a)(1), funds appropriated for the acquiVerDate Aug 31 2005 00:09 Jun 01, 2007 Jkt 059196 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.PCS S1538

hmoore on PRODPC68 with HMBILLS
53 

•S 1538 PCS

1 sition of a major system may not be obligated for a major 

2 contract under the program. Such prohibition on the obli3 gation of funds shall cease to apply at the end of the 30- 

4 day period of a continuous session of Congress that begins 

5 on the date on which Congress receives the notification 

6 required under subsection (a)(2)(A). 

7 ‘‘(2) If a written certification required under sub8 section (b)(1) is not submitted to the congressional intel9 ligence committees within 30 days of the determination 

10 made under subsection (b)(1), funds appropriated for the 

11 acquisition of a major system may not be obligated for 

12 a major contract under the program. Such prohibition on 

13 the obligation of funds for the acquisition of a major sys14 tem shall cease to apply at the end of the 30-day period 

15 of a continuous session of Congress that begins on the 

16 date on which Congress receives the notification required 

17 under subsection (b)(2). 

18 ‘‘(d) DEFINITIONS.—In this section: 

19 ‘‘(1) The term ‘acquisition cost’ has the mean20 ing given that term in section 506E(d). 

21 ‘‘(2) The term ‘baseline cost’, with respect to a 

22 major system, means the projected acquisition cost 

23 of such system on the date the contract for the de24 velopment, procurement, and construction of the sys25 tem is awarded. 


hmoore on PRODPC68 with HMBILLS
54 

•S 1538 PCS

1 ‘‘(3) The term ‘full life-cycle cost’ has the 

2 meaning given that term in section 506E(d). 

3 ‘‘(4) The term ‘independent cost estimate’ has 

4 the meaning given that term in section 506A(e). 

5 ‘‘(5) The term ‘major system’ has the meaning 

6 given that term in section 506A(e).’’. 

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

8 in the first section of that Act, as amended by sections 

9 314 through 317 of this Act, is further amended by insert10 ing after the items relating to section 506E, as added by 

11 section 317(b), the following new item: 

‘‘Sec. 506F. Excessive cost growth of major systems.’’. 

12 SEC. 319. SUBMITTAL TO CONGRESS OF CERTAIN COURT 

13 ORDERS UNDER THE FOREIGN INTEL14 LIGENCE SURVEILLANCE ACT OF 1978. 

15 (a) INCLUSION OF CERTAIN ORDERS IN SEMI-AN16 NUAL REPORTS OF ATTORNEY GENERAL.—Subsection 

17 (a)(5) of section 601 of the Foreign Intelligence Surveil18 lance Act of 1978 (50 U.S.C. 1871) is amended by strik19 ing ‘‘(not including orders)’’ and inserting ‘‘, orders,’’. 

20 (b) REPORTS BY ATTORNEY GENERAL ON CERTAIN

21 OTHER ORDERS.—That section is further amended by 

22 adding at the end the following new subsection: 

23 ‘‘(c) The Attorney General shall submit to the com24 mittees of Congress referred to in subsection (a)— 


hmoore on PRODPC68 with HMBILLS
55 

•S 1538 PCS

1 ‘‘(1) a copy of any decision, order, or opinion 

2 issued by the Foreign Intelligence Surveillance Court 

3 or the Foreign Intelligence Surveillance Court of Re4 view that includes significant construction or inter5 pretation of any provision of this Act, and any 

6 pleadings associated with such decision, order, or 

7 opinion, not later than 45 days after such decision, 

8 order, or opinion is issued; and 

9 ‘‘(2) a copy of any such decision, order, or opin10 ion, and the pleadings associated with such decision, 

11 order, or opinion, that was issued during the 5-year 

12 period ending on the date of the enactment of the 

13 Intelligence Authorization Act for Fiscal Year 2008 

14 and not previously submitted in a report under sub15 section (a).’’. 

16 SEC. 320. SUBMITTAL TO CONGRESS OF CERTAIN PRESI17 DENT’S DAILY BRIEFS ON IRAQ. 

18 (a) IN GENERAL.—The Director of National Intel19 ligence shall submit to the congressional intelligence com20 mittees any President’s Daily Brief (PDB), or any portion 

21 of a President’s Daily Brief, of the Director of Central 

22 Intelligence during the period beginning on January 20, 

23 1997, and ending on March 19, 2003, that refers to Iraq 

24 or otherwise addresses Iraq in any fashion. 


hmoore on PRODPC68 with HMBILLS
56 

•S 1538 PCS

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 SEC. 321. NATIONAL INTELLIGENCE ESTIMATE ON GLOBAL 

9 CLIMATE CHANGE. 

10 (a) REQUIREMENT FOR NATIONAL INTELLIGENCE

11 ESTIMATE.— 

12 (1) IN GENERAL.—Except as provided in para13 graph (2), not later than 270 days after the date of 

14 the enactment of this Act, the Director of National 

15 Intelligence shall submit to Congress a National In16 telligence Estimate (NIE) on the anticipated geo17 political effects of global climate change and the im18 plications of such effects on the national security of 

19 the United States. 

20 (2) NOTICE REGARDING SUBMITTAL.—If the 

21 Director of National Intelligence determines that the 

22 National Intelligence Estimate required by para23 graph (1) cannot be submitted by the date specified 

24 in that paragraph, the Director shall notify Congress 

25 and provide— 


hmoore on PRODPC68 with HMBILLS
57 

•S 1538 PCS

1 (A) the reasons that the National Intel2 ligence Estimate cannot be submitted by such 

3 date; and 

4 (B) an anticipated date for the submittal 

5 of the National Intelligence Estimate. 

6 (b) CONTENT.—The Director of National Intelligence 

7 shall prepare the National Intelligence Estimate required 

8 by this section using the mid-range projections of the 

9 fourth assessment report of the Intergovernmental Panel 

10 on Climate Change— 

11 (1) to assess the political, social, agricultural, 

12 and economic risks during the 30-year period begin13 ning on the date of the enactment of this Act posed 

14 by global climate change for countries or regions 

15 that are— 

16 (A) of strategic economic or military im17 portance to the United States and at risk of 

18 significant impact due to global climate change; 

19 or 

20 (B) at significant risk of large-scale hu21 manitarian suffering with cross-border implica22 tions as predicted on the basis of the assess23 ments; 

24 (2) to assess other risks posed by global climate 

25 change, including increased conflict over resources or 


hmoore on PRODPC68 with HMBILLS
58 

•S 1538 PCS

1 between ethnic groups, within countries or 

2 transnationally, increased displacement or forced mi3 grations of vulnerable populations due to inundation 

4 or other causes, increased food insecurity, and in5 creased risks to human health from infectious dis6 ease; 

7 (3) to assess the capabilities of the countries or 

8 regions described in subparagraph (A) or (B) of 

9 paragraph (1) to respond to adverse impacts caused 

10 by global climate change; and 

11 (4) to make recommendations for further as12 sessments of security consequences of global climate 

13 change that would improve national security plan14 ning. 

15 (c) COORDINATION.—In preparing the National In16 telligence Estimate under this section, the Director of Na17 tional Intelligence shall consult with representatives of the 

18 scientific community, including atmospheric and climate 

19 studies, security studies, conflict studies, economic assess20 ments, and environmental security studies, the Secretary 

21 of Defense, the Secretary of State, the Administrator of 

22 the National Oceanographic and Atmospheric Administra23 tion, the Administrator of the National Aeronautics and 

24 Space Administration, the Administrator of the Environ25 mental Protection Agency, the Secretary of Energy, and 


hmoore on PRODPC68 with HMBILLS
59 

•S 1538 PCS

1 the Secretary of Agriculture, and, if appropriate, multilat2 eral institutions and allies of the United States that have 

3 conducted significant research on global climate change. 

4 (d) ASSISTANCE.— 

5 (1) AGENCIES OF THE UNITED STATES.—In 

6 order to produce the National Intelligence Estimate 

7 required by subsection (a), the Director of National 

8 Intelligence may request any appropriate assistance 

9 from any agency, department, or other entity of the 

10 United State Government and such agency, depart11 ment, or other entity shall provide the assistance re12 quested. 

13 (2) OTHER ENTITIES.—In order to produce the 

14 National Intelligence Estimate required by sub15 section (a), the Director of National Intelligence 

16 may request any appropriate assistance from any 

17 other person or entity. 

18 (3) REIMBURSEMENT.—The Director of Na19 tional Intelligence is authorized to provide appro20 priate reimbursement to the head of an agency, de21 partment, or entity of the United States Government 

22 that provides support requested under paragraph (1) 

23 or any other person or entity that provides assist24 ance requested under paragraph (2). 


hmoore on PRODPC68 with HMBILLS
60 

•S 1538 PCS

1 (4) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated to the Di3 rector of National Intelligence such sums as may be 

4 necessary to carry out this subsection. 

5 (e) FORM.—The National Intelligence Estimate re6 quired by this section shall be submitted in unclassified 

7 form, to the extent consistent with the protection of intel8 ligence sources and methods, and include unclassified key 

9 judgments of the National Intelligence Estimate. The Na10 tional Intelligence Estimate may include a classified 

11 annex. 

12 (f) DUPLICATION.—If the Director of National Intel13 ligence determines that a National Intelligence Estimate, 

14 or other formal, coordinated intelligence product that 

15 meets the procedural requirements of a National Intel16 ligence Estimate, has been prepared that includes the con17 tent required by subsection (b) prior to the date of the 

18 enactment of this Act, the Director of National Intel19 ligence shall not be required to produce the National Intel20 ligence Estimate required by subsection (a). 

21 SEC. 322. REPEAL OF CERTAIN REPORTING REQUIRE22 MENTS. 

23 (a) ANNUAL REPORT ON INTELLIGENCE.— 

24 (1) REPEAL.—Section 109 of the National Se25 curity Act of 1947 (50 U.S.C. 404d) is repealed. 


hmoore on PRODPC68 with HMBILLS
61 

•S 1538 PCS

1 (2) CLERICAL AMENDMENT.—The table of con2 tents in the first section of the National Security 

3 Act of 1947 is amended by striking the item relating 

4 to section 109. 

5 (b) ANNUAL AND SPECIAL REPORTS ON INTEL6 LIGENCE SHARING WITH THE UNITED NATIONS.—Sec7 tion 112 of the National Security Act of 1947 (50 U.S.C. 

8 404g) is amended— 

9 (1) by striking subsection (b); and 

10 (2) by redesignating subsections (c), (d), and 

11 (e) as subsections (b), (c), and (d), respectively. 

12 (c) ANNUAL REPORT ON SAFETY AND SECURITY OF

13 RUSSIAN NUCLEAR FACILITIES AND FORCES.—Section 

14 114 of the National Security Act of 1947 (50 U.S.C. 404i) 

15 is amended— 

16 (1) by striking subsection (a); and 

17 (2) by redesignating subsections (b), (c), and 

18 (d) as subsections (a), (b), and (c), respectively. 

19 (d) ANNUAL CERTIFICATION ON COUNTERINTEL20 LIGENCE INITIATIVES.—Section 1102(b) of the National 

21 Security Act of 1947 (50 U.S.C. 442a(b)) is amended— 

22 (1) by striking ‘‘(1)’’; and 

23 (2) by striking paragraph (2). 

24 (e) REPORT AND CERTIFICATION UNDER TERRORIST

25 IDENTIFICATION CLASSIFICATION SYSTEM.—Section 343 


hmoore on PRODPC68 with HMBILLS
62 

•S 1538 PCS

1 of the Intelligence Authorization Act for Fiscal Year 2003 

2 (50 U.S.C. 404n–2) is amended— 

3 (1) by striking subsection (d); and 

4 (2) by redesignating subsections (e), (f), (g), 

5 and (h) as subsections (d), (e), (f), and (g), respec6 tively. 

7 (f) ANNUAL REPORT ON COUNTERDRUG INTEL8 LIGENCE MATTERS.—Section 826 of the Intelligence Au9 thorization Act for Fiscal Year 2003 (Public Law 107– 

10 306; 116 Stat. 2429; 21 U.S.C. 873 note) is repealed. 

11 (g) SEMIANNUAL REPORT ON CONTRIBUTIONS TO

12 PROLIFERATION EFFORTS OF COUNTRIES OF PRO13 LIFERATION CONCERN.—Section 722 of the Combatting 

14 Proliferation of Weapons of Mass Destruction Act of 1996 

15 (50 U.S.C. 2369) is repealed. 

16 (h) CONFORMING AMENDMENTS.—Section 507(a) of 

17 the National Security Act of 1947 (50 U.S.C. 415b(a)) 

18 is amended— 

19 (1) in paragraph (1)— 

20 (A) by striking subparagraphs (A) and 

21 (B); and 

22 (B) by redesignating subparagraphs (C) 

23 through (N) as subparagraphs (A) through (L), 

24 respectively; and 

25 (2) in paragraph (2)— 


hmoore on PRODPC68 with HMBILLS
63 

•S 1538 PCS

1 (A) by striking subparagraphs (A) and 

2 (D); 

3 (B) by redesignating subparagraphs (B) 

4 and (C) as subparagraphs (A) and (B), respec5 tively; and 

6 (C) in subparagraph (A), as redesignated 

7 by subparagraph (B) of this paragraph, by 

8 striking ‘‘114(c)’’ and inserting ‘‘114(b)’’. 

9 TITLE IV—MATTERS RELATING 

10 TO ELEMENTS OF THE INTEL11 LIGENCE COMMUNITY 

12 Subtitle A—Office of the Director 

13 of National Intelligence 

14 SEC. 401. REQUIREMENTS FOR ACCOUNTABILITY REVIEWS 

15 BY THE DIRECTOR OF NATIONAL INTEL16 LIGENCE. 

17 (a) RESPONSIBILITY OF THE DIRECTOR OF NA18 TIONAL INTELLIGENCE.—Subsection (b) of section 102 of 

19 the National Security Act of 1947 (50 U.S.C. 403) is 

20 amended— 

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

22 end; 

23 (2) in paragraph (3)— 

24 (A) by striking ‘‘2004,’’ and inserting 

25 ‘‘2004 (50 U.S.C. 403 note),’’; and 


hmoore on PRODPC68 with HMBILLS
64 

•S 1538 PCS

1 (B) by striking the period at the end and 

2 inserting a semicolon and ‘‘and’’; and 

3 (3) by inserting after paragraph (3), the fol4 lowing new paragraph: 

5 ‘‘(4) conduct accountability reviews of elements 

6 of the intelligence community and the personnel of 

7 such elements, if appropriate.’’. 

8 (b) TASKING AND OTHER AUTHORITIES.—Sub9 section (f) of section 102A of such Act (50 U.S.C. 403- 

10 1) is amended— 

11 (1) by redesignating paragraphs (7) and (8), as 

12 paragraphs (8) and (9), respectively; and 

13 (2) by inserting after paragraph (6), the fol14 lowing new paragraph: 

15 ‘‘(7)(A) The Director of National Intelligence shall, 

16 if the Director determines it is necessary or if requested 

17 by a congressional intelligence committee, conduct ac18 countability reviews of elements of the intelligence commu19 nity or the personnel of such elements in relation to sig20 nificant failures or deficiencies within the intelligence com21 munity. 

22 ‘‘(B) The Director of National Intelligence, in con23 sultation with the Attorney General, shall establish guide24 lines and procedures for conducting accountability reviews 

25 under subparagraph (A). 


hmoore on PRODPC68 with HMBILLS
65 

•S 1538 PCS

1 ‘‘(C) The requirements of this paragraph shall not 

2 limit any authority of the Director of National Intelligence 

3 under subsection (m) or with respect to supervision of the 

4 Central Intelligence Agency.’’. 

5 SEC. 402. ADDITIONAL AUTHORITIES OF THE DIRECTOR OF 

6 NATIONAL INTELLIGENCE ON INTELLIGENCE 

7 INFORMATION SHARING. 

8 (a) AUTHORITIES OF THE DIRECTOR OF NATIONAL

9 INTELLIGENCE.—Section 102A(g)(1) of the National Se10 curity Act of 1947 (50 U.S.C. 403–1(g)(1)) is amended— 

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

12 the end; 

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

14 and inserting a semicolon; and 

15 (3) by adding at the end the following new sub16 paragraphs: 

17 ‘‘(G) in carrying out this subsection, without re18 gard to any other provision of law (other than this 

19 Act and the National Security Intelligence Reform 

20 Act of 2004 (title I of Public Law 108–458)), ex21 pend funds and make funds available to other de22 partment or agencies of the United States for, and 

23 direct the development and fielding of, systems of 

24 common concern related to the collection, processing, 


hmoore on PRODPC68 with HMBILLS
66 

•S 1538 PCS

1 analysis, exploitation, and dissemination of intel2 ligence information; and 

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

4 intelligence information sharing or access capabili5 ties, have the authority to transfer funds appro6 priated for a program within the National Intel7 ligence Program to a program funded by appropria8 tions not within the National Intelligence Program, 

9 consistent with paragraphs (3) through (7) of sub10 section (d).’’. 

11 (b) AUTHORITIES OF HEADS OF OTHER DEPART12 MENTS AND AGENCIES.—Notwithstanding any other pro13 vision of law, the head of any department or agency of 

14 the United States is authorized to receive and utilize funds 

15 made available to the department or agency by the Direc16 tor of National Intelligence pursuant to section 

17 102A(g)(1) of the National Security Act of 1947 (50 

18 U.S.C. 403–1(g)(1)), as amended by subsection (a), and 

19 receive and utilize any system referred to in such section 

20 that is made available to the department or agency. 


hmoore on PRODPC68 with HMBILLS
67 

•S 1538 PCS

1 SEC. 403. MODIFICATION OF LIMITATION ON DELEGATION 

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

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

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

8 National Intelligence, the Chief Information Officer of the 

9 Intelligence Community, or the head of any element of the 

10 intelligence community’’. 

11 SEC. 404. ADDITIONAL ADMINISTRATIVE AUTHORITY OF 

12 THE DIRECTOR OF NATIONAL INTEL13 LIGENCE. 

14 Section 102A of the National Security Act of 1947 

15 (50 U.S.C. 403–1) is amended by adding at the end the 

16 following new subsection: 

17 ‘‘(s) ADDITIONAL ADMINISTRATIVE AUTHORITIES.— 

18 (1) Notwithstanding section 1346 of title 31, United 

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

20 interagency financing of activities described in subpara21 graph (A) or (B), upon the request of the Director of Na22 tional Intelligence, any element of the intelligence commu23 nity may use appropriated funds to support or participate 

24 in the interagency activities of the following: 

25 ‘‘(A) National intelligence centers established 

26 by the Director under section 119B. 


hmoore on PRODPC68 with HMBILLS
68 

•S 1538 PCS

1 ‘‘(B) Boards, commissions, councils, commit2 tees, and similar groups that are established— 

3 ‘‘(i) for a term of not more than two years; 

4 and 

5 ‘‘(ii) by the Director. 

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

7 the enactment of the Intelligence Authorization Act for 

8 Fiscal Year 2008 shall be construed to limit or supersede 

9 the authority in paragraph (1) unless such provision 

10 makes specific reference to the authority in that para11 graph.’’. 

12 SEC. 405. ENHANCEMENT OF AUTHORITY OF THE DIREC13 TOR OF NATIONAL INTELLIGENCE FOR 

14 FLEXIBLE PERSONNEL MANAGEMENT 

15 AMONG THE ELEMENTS OF THE INTEL16 LIGENCE COMMUNITY. 

17 Section 102A of the National Security Act of 1947 

18 (50 U.S.C. 403–1), as amended by section 404 of this Act, 

19 is further amended by adding at the end the following new 

20 subsections: 

21 ‘‘(t) AUTHORITY TO ESTABLISH POSITIONS IN EX22 CEPTED SERVICE.—(1) The Director of National Intel23 ligence may, with the concurrence of the head of the de24 partment or agency concerned and in coordination with 

25 the Director of the Office of Personnel Management— 


hmoore on PRODPC68 with HMBILLS
69 

•S 1538 PCS

1 ‘‘(A) convert such competitive service positions, 

2 and their incumbents, within an element of the intel3 ligence community to excepted service positions as 

4 the Director of National Intelligence determines nec5 essary to carry out the intelligence functions of such 

6 element; and 

7 ‘‘(B) establish the classification and ranges of 

8 rates of basic pay for positions so converted, not9 withstanding otherwise applicable laws governing the 

10 classification and rates of basic pay for such posi11 tions. 

12 ‘‘(2)(A) At the request of the Director of National 

13 Intelligence, the head of a department or agency may es14 tablish new positions in the excepted service within an ele15 ment of such department or agency that is part of the 

16 intelligence community if the Director determines that 

17 such positions are necessary to carry out the intelligence 

18 functions of such element. 

19 ‘‘(B) The Director of National Intelligence may es20 tablish the classification and ranges of rates of basic pay 

21 for any position established under subparagraph (A), not22 withstanding otherwise applicable laws governing the clas23 sification and rates of basic pay for such positions 

24 ‘‘(3) The head of the department or agency concerned 

25 is authorized to appoint individuals for service in positions 


hmoore on PRODPC68 with HMBILLS
70 

•S 1538 PCS

1 converted under paragraph (1) or established under para2 graph (2) without regard to the provisions of chapter 33 

3 of title 5, United States Code, governing appointments in 

4 the competitive service, and to fix the compensation of 

5 such individuals within the applicable ranges of rates of 

6 basic pay established by the Director of National Intel7 ligence. 

8 ‘‘(4) The maximum rate of basic pay established 

9 under this subsection is the rate for level III of the Execu10 tive Schedule under section 5314 of title 5, United States 

11 Code. 

12 ‘‘(u) PAY AUTHORITY FOR CRITICAL POSITIONS.— 

13 (1) Notwithstanding any pay limitation established under 

14 any other provision of law applicable to employees in ele15 ments of the intelligence community, the Director of Na16 tional Intelligence may, in consultation with the Director 

17 of the Office of Personnel Management and the Director 

18 of the Office of Management and Budget, grant authority 

19 to fix the rate of basic pay for one or more positions within 

20 the intelligence community at a rate in excess of any appli21 cable limitation, subject to the provisions of this sub22 section. The exercise of authority so granted is at the dis23 cretion of the head of the department or agency employing 

24 the individual in a position covered by such authority, sub25 ject to the provisions of this subsection and any conditions 


hmoore on PRODPC68 with HMBILLS
71 

•S 1538 PCS

1 established by the Director of National Intelligence when 

2 granting such authority. 

3 ‘‘(2) Authority under this subsection may be granted 

4 or exercised— 

5 ‘‘(A) only with respect to a position which re6 quires an extremely high level of expertise and is 

7 critical to successful accomplishment of an impor8 tant mission; and 

9 ‘‘(B) only to the extent necessary to recruit or 

10 retain an individual exceptionally well qualified for 

11 the position. 

12 ‘‘(3) A rate of basic pay may not be fixed under this 

13 subsection at a rate greater than the rate payable for level 

14 II of the Executive Schedule under section 5312 of title 

15 5, United States Code, except upon written approval of 

16 the Director of National Intelligence or as otherwise au17 thorized by law. 

18 ‘‘(4) A rate of basic pay may not be fixed under this 

19 subsection at a rate greater than the rate payable for level 

20 I of the Executive Schedule under section 5311 of title 

21 5, United States Code, except upon written approval of 

22 the President in response to a request by the Director of 

23 National Intelligence or as otherwise authorized by law. 


hmoore on PRODPC68 with HMBILLS
72 

•S 1538 PCS

1 ‘‘(5) Any grant of authority under this subsection for 

2 a position shall terminate at the discretion of the Director 

3 of National Intelligence. 

4 ‘‘(v) EXTENSION OF FLEXIBLE PERSONNEL MAN5 AGEMENT AUTHORITIES.—(1) Notwithstanding any other 

6 provision of law, in order to ensure the equitable treat7 ment of employees across the intelligence community, the 

8 Director of National Intelligence may, with the concur9 rence of the head of the department or agency concerned, 

10 or for those matters that fall under the responsibilities of 

11 the Office of Personnel Management under statute or Ex12 ecutive Order, in coordination with the Director of the Of13 fice of Personnel Management, authorize one or more ele14 ments of the intelligence community to adopt compensa15 tion authority, performance management authority, and 

16 scholarship authority that have been authorized for an17 other element of the intelligence community if the Director 

18 of National Intelligence— 

19 ‘‘(A) determines that the adoption of such au20 thority would improve the management and perform21 ance of the intelligence community, and 

22 ‘‘(B) submits to the congressional intelligence 

23 committees, not later than 60 days before such au24 thority is to take effect, notice of the adoption of 

25 such authority by such element or elements, includVerDate Aug 31 2005 00:09 Jun 01, 2007 Jkt 059196 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.PCS S1538

hmoore on PRODPC68 with HMBILLS
73 

•S 1538 PCS

1 ing the authority to be so adopted, and an estimate 

2 of the costs associated with the adoption of such au3 thority. 

4 ‘‘(2) To the extent that an existing compensation au5 thority within the intelligence community is limited to a 

6 particular category of employees or a particular situation, 

7 the authority may be adopted in another element of the 

8 intelligence community under this subsection only for em9 ployees in an equivalent category or in an equivalent situa10 tion. 

11 ‘‘(3) In this subsection, the term ‘compensation au12 thority’ means authority involving basic pay (including po13 sition classification), premium pay, awards, bonuses, in14 centives, allowances, differentials, student loan repay15 ments, and special payments, but does not include authori16 ties as follows: 

17 ‘‘(A) Authorities related to benefits such as 

18 leave, severance pay, retirement, and insurance. 

19 ‘‘(B) Authority to grant Presidential Rank 

20 Awards under sections 4507 and 4507a of title 5, 

21 United States Code, section 3151(c) of title 31, 

22 United States Code, and any other provision of law. 

23 ‘‘(C) Compensation authorities and performance 

24 management authorities provided under provisions of 

25 law relating to the Senior Executive Service.’’. 


hmoore on PRODPC68 with HMBILLS
74 

•S 1538 PCS

1 SEC. 406. CLARIFICATION OF LIMITATION ON CO-LOCATION 

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

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

5 (50 U.S.C. 403–3(e)) is amended— 

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

7 HEADQUARTERS WITH HEADQUARTERS OF’’; 

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

9 ‘‘the Office’’; and 

10 (3) by striking ‘‘any other element’’ and insert11 ing ‘‘the headquarters of any other element’’. 

12 SEC. 407. ADDITIONAL DUTIES OF THE DIRECTOR OF 

13 SCIENCE AND TECHNOLOGY OF THE OFFICE 

14 OF THE DIRECTOR OF NATIONAL INTEL15 LIGENCE. 

16 (a) COORDINATION AND PRIORITIZATION OF RE17 SEARCH CONDUCTED BY ELEMENTS OF INTELLIGENCE

18 COMMUNITY.—Subsection (d) of section 103E of the Na19 tional Security Act of 1947 (50 U.S.C. 403–3e) is amend20 ed— 

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

22 prioritize’’ after ‘‘coordinate’’; and 

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

24 paragraph: 

25 ‘‘(4) In carrying out paragraph (3)(A), the Com26 mittee shall identify basic, advanced, and applied research 


hmoore on PRODPC68 with HMBILLS
75 

•S 1538 PCS

1 programs to be carried out by elements of the intelligence 

2 community.’’. 

3 (b) DEVELOPMENT OF TECHNOLOGY GOALS.—That 

4 section is further amended— 

5 (1) in subsection (c)— 

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

7 the end; 

8 (B) by redesignating paragraph (5) as 

9 paragraph (9); and 

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

11 following new paragraphs: 

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

13 the elements of the intelligence community to meet 

14 the technology needs of the intelligence community; 

15 ‘‘(6) under the direction of the Director, estab16 lish engineering standards and specifications appli17 cable to each acquisition of a major system (as that 

18 term is defined in section 506A(e)(3)) by the intel19 ligence community; 

20 ‘‘(7) develop 15-year projections and assess21 ments of the needs of the intelligence community to 

22 ensure a robust Federal scientific and engineering 

23 workforce and the means to recruit such a workforce 

24 through integrated scholarships across the intelVerDate Aug 31 2005 00:09 Jun 01, 2007 Jkt 059196 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.PCS S1538

hmoore on PRODPC68 with HMBILLS
76 

•S 1538 PCS

1 ligence community, including research grants and 

2 cooperative work-study programs; 

3 ‘‘(8) ensure that each acquisition program of 

4 the intelligence community for a major system (as so 

5 defined) complies with the standards and specifica6 tions established under paragraph (6); and’’; and 

7 (2) by adding at the end the following new sub8 section: 

9 ‘‘(e) GOALS FOR TECHNOLOGY NEEDS OF INTEL10 LIGENCE COMMUNITY.—In carrying out subsection (c)(5), 

11 the Director of Science and Technology shall— 

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

13 significant intelligence challenges that require tech14 nical solutions; 

15 ‘‘(2) examine options to enhance the responsive16 ness of research and design programs of the ele17 ments of the intelligence community to meet the re18 quirements of the intelligence community for timely 

19 support; and 

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

21 in establishing research and development priorities 

22 and projects for the intelligence community that— 

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

24 national intelligence requirements; 


hmoore on PRODPC68 with HMBILLS
77 

•S 1538 PCS

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

2 collection, processing, analysis, or dissemination 

3 of national intelligence; 

4 ‘‘(C) take into account funding constraints 

5 in program development and acquisition; and 

6 ‘‘(D) address system requirements from 

7 collection to final dissemination (also known as 

8 ‘end-to-end architecture’).’’. 

9 (c) REPORT.— 

10 (1) IN GENERAL.—Not later than June 30, 

11 2008, the Director of National Intelligence shall 

12 submit to Congress a report containing a strategy 

13 for the development and use of technology in the in14 telligence community through 2021. 

15 (2) ELEMENTS.—The report under paragraph 

16 (1) shall include— 

17 (A) an assessment of the highest priority 

18 intelligence gaps across the intelligence commu19 nity that may be resolved by the use of tech20 nology; 

21 (B) goals for advanced research and devel22 opment and a strategy to achieve such goals; 

23 (C) an explanation of how each advanced 

24 research and development project funded under 


hmoore on PRODPC68 with HMBILLS
78 

•S 1538 PCS

1 the National Intelligence Program addresses an 

2 identified intelligence gap; 

3 (D) a list of all current and projected re4 search and development projects by research 

5 type (basic, advanced, or applied) with esti6 mated funding levels, estimated initiation dates, 

7 and estimated completion dates; and 

8 (E) a plan to incorporate technology from 

9 research and development projects into National 

10 Intelligence Program acquisition programs. 

11 (3) FORM.—The report under paragraph (1) 

12 may be submitted in classified form. 

13 SEC. 408. TITLE OF CHIEF INFORMATION OFFICER OF THE 

14 INTELLIGENCE COMMUNITY. 

15 Section 103G of the National Security Act of 1947 

16 (50 U.S.C. 403–3g) is amended— 

17 (1) in subsection (a), by inserting ‘‘of the Intel18 ligence Community’’ after ‘‘Chief Information Offi19 cer’’; 

20 (2) in subsection (b), by inserting ‘‘of the Intel21 ligence Community’’ after ‘‘Chief Information Offi22 cer’’; 

23 (3) in subsection (c), by inserting ‘‘of the Intel24 ligence Community’’ after ‘‘Chief Information Offi25 cer’’; and 


hmoore on PRODPC68 with HMBILLS
79 

•S 1538 PCS

1 (4) in subsection (d), by inserting ‘‘of the Intel2 ligence Community’’ after ‘‘Chief Information Offi3 cer’’ the first place it appears. 

4 SEC. 409. RESERVE FOR CONTINGENCIES OF THE OFFICE 

5 OF THE DIRECTOR OF NATIONAL INTEL6 LIGENCE. 

7 (a) ESTABLISHMENT.—Title I of the National Secu8 rity Act of 1947 (50 U.S.C. 402 et seq.) is amended by 

9 inserting after section 103G the following new section: 

10 ‘‘RESERVE FOR CONTINGENCIES OF THE OFFICE OF THE

11 DIRECTOR OF NATIONAL INTELLIGENCE

12 ‘‘SEC. 103H. (a) IN GENERAL.—There is established 

13 a fund to be known as the ‘Reserve for Contingencies of 

14 the Office of the Director of National Intelligence’ (in this 

15 section referred to as the ‘Reserve’). 

16 ‘‘(b) ELEMENTS.—(1) The Reserve shall consist of 

17 the following elements: 

18 ‘‘(A) Amounts authorized to be appropriated to 

19 the Reserve. 

20 ‘‘(B) Amounts authorized to be transferred to 

21 or deposited in the Reserve by law. 

22 ‘‘(2) No amount may be transferred to the Reserve 

23 under subparagraph (B) of paragraph (1) during a fiscal 

24 year after the date on which a total of $50,000,000 has 

25 been transferred to or deposited in the Reserve under sub26 paragraph (A) or (B) of such paragraph. 


hmoore on PRODPC68 with HMBILLS
80 

•S 1538 PCS

1 ‘‘(c) AMOUNTS AVAILABLE FOR DEPOSIT.—Amounts 

2 deposited into the Reserve shall be amounts appropriated 

3 to the National Intelligence Program. 

4 ‘‘(d) AVAILABILITY OF FUNDS.—(1) Amounts in the 

5 Reserve shall be available for such purposes as are pro6 vided by law for the Office of the Director of National 

7 Intelligence or the separate elements of the intelligence 

8 community for support of emerging needs, improvements 

9 to program effectiveness, or increased efficiency. 

10 ‘‘(2)(A) Subject to subparagraph (B), amounts in the 

11 Reserve may be available for a program or activity if— 

12 ‘‘(i) the Director of National Intelligence, con13 sistent with the provisions of sections 502 and 503, 

14 notifies the congressional intelligence committees of 

15 the intention to utilize such amounts for such pro16 gram or activity; and 

17 ‘‘(ii) 15 calendar days elapses after the date of 

18 such notification. 

19 ‘‘(B) In addition to the requirements in subparagraph 

20 (A), amounts in the Reserve may be available for a pro21 gram or activity not previously authorized by Congress 

22 only with the approval of the Director the Office of Man23 agement and Budget. 

24 ‘‘(3) Use of any amounts in the Reserve shall be sub25 ject to the direction and approval of the Director of NaVerDate Aug 31 2005 00:09 Jun 01, 2007 Jkt 059196 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.PCS S1538

hmoore on PRODPC68 with HMBILLS
81 

•S 1538 PCS

1 tional Intelligence, or the designee of the Director, and 

2 shall be subject to such procedures as the Director may 

3 prescribe. 

4 ‘‘(4) Amounts transferred to or deposited in the Re5 serve in a fiscal year under subsection (b) shall be avail6 able under this subsection in such fiscal year and the fiscal 

7 year following such fiscal year.’’. 

8 (b) APPLICABILITY.—No funds appropriated prior to 

9 the date of the enactment of this Act may be transferred 

10 to or deposited in the Reserve for Contingencies of the 

11 Office of the Director of National Intelligence established 

12 in section 103H of the National Security Act of 1947, as 

13 added by subsection (a). 

14 (c) CLERICAL AMENDMENT.—The table of contents 

15 in the first section of the National Security Act of 1947 

16 is amended by inserting after the item relating to section 

17 103G the following new item: 

‘‘Sec. 103H. Reserve for Contingencies of the Office of the Director of National 

Intelligence.’’. 

18 SEC. 410. INSPECTOR GENERAL OF THE INTELLIGENCE 

19 COMMUNITY. 

20 (a) ESTABLISHMENT.— 

21 (1) IN GENERAL.—Title I of the National Secu22 rity Act of 1947 (50 U.S.C. 402 et seq.), as amend23 ed by section 409 of this Act, is further amended by 


hmoore on PRODPC68 with HMBILLS
82 

•S 1538 PCS

1 inserting after section 103H the following new sec2 tion: 

3 ‘‘INSPECTOR GENERAL OF THE INTELLIGENCE

4 COMMUNITY

5 ‘‘SEC. 103I. (a) OFFICE OF INSPECTOR GENERAL OF

6 INTELLIGENCE COMMUNITY.—There is within the Office 

7 of the Director of National Intelligence an Office of the 

8 Inspector General of the Intelligence Community. 

9 ‘‘(b) PURPOSE.—The purpose of the Office of the In10 spector General of the Intelligence Community is to— 

11 ‘‘(1) create an objective and effective office, ap12 propriately accountable to Congress, to initiate and 

13 conduct independently investigations, inspections, 

14 and audits on matters within the responsibility and 

15 authority of the Director of National Intelligence; 

16 ‘‘(2) recommend policies designed— 

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

18 effectiveness in the administration and imple19 mentation of matters within the responsibility 

20 and authority of the Director of National Intel21 ligence; and 

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

23 abuse in such matters; 

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

25 of National Intelligence fully and currently informed 

26 about— 


hmoore on PRODPC68 with HMBILLS
83 

•S 1538 PCS

1 ‘‘(A) problems and deficiencies relating to 

2 matters within the responsibility and authority 

3 of the Director of National Intelligence; and 

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

5 corrective actions; and 

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

7 ensure that the congressional intelligence committees 

8 are kept similarly informed of— 

9 ‘‘(A) significant problems and deficiencies 

10 relating to matters within the responsibility and 

11 authority of the Director of National Intel12 ligence; and 

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

14 corrective actions. 

15 ‘‘(c) INSPECTOR GENERAL OF INTELLIGENCE COM16 MUNITY.—(1) There is an Inspector General of the Intel17 ligence Community, who shall be the head of the Office 

18 of the Inspector General of the Intelligence Community, 

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

20 advice and consent of the Senate. 

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

22 as Inspector General shall be made— 

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

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

25 with the security standards of the intelligence comVerDate Aug 31 2005 00:09 Jun 01, 2007 Jkt 059196 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.PCS S1538

hmoore on PRODPC68 with HMBILLS
84 

•S 1538 PCS

1 munity, and prior experience in the field of intel2 ligence or national security; and 

3 ‘‘(C) on the basis of demonstrated ability in ac4 counting, financial analysis, law, management anal5 ysis, public administration, or auditing. 

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

7 and be under the general supervision of the Director of 

8 National Intelligence. 

9 ‘‘(4) The Inspector General may be removed from of10 fice only by the President. The President shall imme11 diately communicate in writing to the congressional intel12 ligence committees the reasons for the removal of any indi13 vidual from the position of Inspector General. 

14 ‘‘(d) DUTIES AND RESPONSIBILITIES.—Subject to 

15 subsections (g) and (h), it shall be the duty and responsi16 bility of the Inspector General of the Intelligence Commu17 nity— 

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

19 conduct, supervise, and coordinate independently, 

20 the investigations, inspections, and audits relating to 

21 matters within the responsibility and authority of 

22 the Director of National Intelligence to ensure they 

23 are conducted efficiently and in accordance with ap24 plicable law and regulations; 


hmoore on PRODPC68 with HMBILLS
85 

•S 1538 PCS

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

6 matters within the responsibility and authority of 

7 the Director, and to report the progress made in im8 plementing corrective action; 

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

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

12 the extent consistent with the purpose and objective 

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

15 sources and methods described in such reports; and 

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

18 accepted government auditing standards. 

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

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

23 audit if the Director determines that such prohibition is 

24 necessary to protect vital national security interests of the 

25 United States. 


hmoore on PRODPC68 with HMBILLS
86 

•S 1538 PCS

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

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

3 classified statement of the reasons for the exercise of such 

4 authority within 7 days to the congressional intelligence 

5 committees. 

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

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

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

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

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

17 the Intelligence Community shall have direct and prompt 

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

20 the duties of the Inspector General. 

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

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

24 needed for the performance of the duties of the Inspector 

25 General. 


hmoore on PRODPC68 with HMBILLS
87 

•S 1538 PCS

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

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

3 recommendations, or other material which relate to the 

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

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

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

9 to any materials under subparagraph (B). 

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

12 community to cooperate with the Inspector General shall 

13 be grounds for appropriate administrative actions by the 

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

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

17 contractual relationship. 

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

19 and investigate complaints or information from any person 

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

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

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

24 such complaint or information has been received from an 

25 employee of the Federal Government— 


hmoore on PRODPC68 with HMBILLS
88 

•S 1538 PCS

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

2 the identity of the employee without the consent of 

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

5 course of the investigation or the disclosure is made 

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

8 be undertaken; and 

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

10 of reprisal, for making such complaint may be taken 

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

12 unless the complaint was made or the information 

13 was disclosed with the knowledge that it was false 

14 or with willful disregard for its truth or falsity. 

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

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

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

21 of the Intelligence Community designated by the Inspector 

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

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

25 Inspector General is authorized to require by subpoena the 


hmoore on PRODPC68 with HMBILLS
89 

•S 1538 PCS

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

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

6 elements of the United States Government, the Inspector 

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

10 procedures other than by subpoenas. 

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

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

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

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

16 subpoena issued under this paragraph, the subpoena shall 

17 be enforceable by order of any appropriate district court 

18 of the United States. 

19 ‘‘(g) COORDINATION AMONG INSPECTORS GENERAL

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

21 a matter within the jurisdiction of the Inspector General 

22 of the Intelligence Community that may be subject to an 

23 investigation, inspection, or audit by both the Inspector 

24 General of the Intelligence Community and an Inspector 

25 General, whether statutory or administrative, with overVerDate Aug 31 2005 00:09 Jun 01, 2007 Jkt 059196 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.PCS S1538

hmoore on PRODPC68 with HMBILLS
90 

•S 1538 PCS

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

4 General shall expeditiously resolve the question of which 

5 Inspector General shall conduct such investigation, inspec6 tion, or audit. 

7 ‘‘(B) In attempting to resolve a question under sub8 paragraph (A), the Inspectors General concerned may re9 quest the assistance of the Intelligence Community Inspec10 tors General Forum established under subparagraph (C). 

11 In the event that the Inspectors General are unable to re12 solve the question with assistance of that Forum, the In13 spectors General shall submit the question to the Director 

14 of National Intelligence for resolution. 

15 ‘‘(C) There is established the Intelligence Community 

16 Inspectors General Forum which shall consist of all statu17 tory or administrative Inspectors General with oversight 

18 responsibility for an element or elements of the intelligence 

19 community. The Inspector General of the Intelligence 

20 Community shall serve as the chair of the Forum. The 

21 Forum shall have no administrative authority over any In22 spector General, but shall serve as a mechanism for in23 forming its members of the work of individual members 

24 of the Forum that may be of common interest and dis25 cussing questions about jurisdiction or access to employVerDate Aug 31 2005 00:09 Jun 01, 2007 Jkt 059196 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.PCS S1538

hmoore on PRODPC68 with HMBILLS
91 

•S 1538 PCS

1 ees, employees of a contractor, records, audits, reviews, 

2 documents, recommendations, or other materials that may 

3 involve or be of assistance to more than one of its mem4 bers. 

5 ‘‘(2) The Inspector General conducting an investiga6 tion, inspection, or audit covered by paragraph (1) shall 

7 submit the results of such investigation, inspection, or 

8 audit to any other Inspector General, including the Inspec9 tor General of the Intelligence Community, with jurisdic10 tion to conduct such investigation, inspection, or audit 

11 who did not conduct such investigation, inspection, or 

12 audit. 

13 ‘‘(h) STAFF AND OTHER SUPPORT.—(1) The Inspec14 tor General of the Intelligence Community shall be pro15 vided with appropriate and adequate office space at cen16 tral and field office locations, together with such equip17 ment, office supplies, maintenance services, and commu18 nications facilities and services as may be necessary for 

19 the operation of such offices. 

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

21 the Director of National Intelligence, the Inspector Gen22 eral shall select, appoint, and employ such officers and em23 ployees as may be necessary to carry out the functions 

24 of the Inspector General. The Inspector General shall en25 sure that any officer or employee so selected, appointed, 


hmoore on PRODPC68 with HMBILLS
92 

•S 1538 PCS

1 or employed has security clearances appropriate for the 

2 assigned duties of such officer or employee. 

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

4 the Inspector General shall ensure that such officers and 

5 employees have the requisite training and experience to 

6 enable the Inspector General to carry out the duties of 

7 the Inspector General effectively. 

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

9 the Inspector General shall create within the Office of the 

10 Inspector General of the Intelligence Community a career 

11 cadre of sufficient size to provide appropriate continuity 

12 and objectivity needed for the effective performance of the 

13 duties of the Inspector General. 

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

15 the Inspector General may request such information or as16 sistance as may be necessary for carrying out the duties 

17 and responsibilities of the Inspector General from any de18 partment, agency, or other element of the United States 

19 Government. 

20 ‘‘(B) Upon request of the Inspector General for infor21 mation or assistance under subparagraph (A), the head 

22 of the department, agency, or element concerned shall, in23 sofar as is practicable and not in contravention of any ex24 isting statutory restriction or regulation of the depart25 ment, agency, or element, furnish to the Inspector GenVerDate Aug 31 2005 00:09 Jun 01, 2007 Jkt 059196 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.PCS S1538

hmoore on PRODPC68 with HMBILLS
93 

•S 1538 PCS

1 eral, or to an authorized designee, such information or as2 sistance. 

3 ‘‘(C) The Inspector General of the Intelligence Com4 munity may, upon reasonable notice to the head of any 

5 element of the intelligence community, conduct, as author6 ized by this section, an investigation, inspection, or audit 

7 of such element and may enter into any place occupied 

8 by such element for purposes of the performance of the 

9 duties of the Inspector General. 

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

11 Intelligence Community shall, not later than January 31 

12 and July 31 of each year, prepare and submit to the Di13 rector of National Intelligence a classified, and, as appro14 priate, unclassified semiannual report summarizing the ac15 tivities of the Office of the Inspector General of the Intel16 ligence Community during the immediately preceding 6- 

17 month periods ending December 31 (of the preceding 

18 year) and June 30, respectively. 

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

20 at a minimum, the following: 

21 ‘‘(i) A list of the title or subject of each inves22 tigation, inspection, or audit conducted during the 

23 period covered by such report, including a summary 

24 of the progress of each particular investigation, inVerDate Aug 31 2005 00:09 Jun 01, 2007 Jkt 059196 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.PCS S1538

hmoore on PRODPC68 with HMBILLS
94 

•S 1538 PCS

1 spection, or audit since the preceding report of the 

2 Inspector General under this paragraph. 

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

4 abuses, and deficiencies relating to the administra5 tion and implementation of programs and operations 

6 of the intelligence community, and in the relation7 ships between elements of the intelligence commu8 nity, identified by the Inspector General during the 

9 period covered by such report. 

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

11 corrective or disciplinary action made by the Inspec12 tor General during the period covered by such report 

13 with respect to significant problems, abuses, or defi14 ciencies identified in clause (ii). 

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

16 disciplinary action has been completed on each sig17 nificant recommendation described in previous semi18 annual reports, and, in a case where corrective ac19 tion has been completed, a description of such cor20 rective action. 

21 ‘‘(v) A certification whether or not the Inspec22 tor General has had full and direct access to all in23 formation relevant to the performance of the func24 tions of the Inspector General. 


hmoore on PRODPC68 with HMBILLS
95 

•S 1538 PCS

1 ‘‘(vi) A description of the exercise of the sub2 poena authority under subsection (f)(5) by the In3 spector General during the period covered by such 

4 report. 

5 ‘‘(vii) Such recommendations as the Inspector 

6 General considers appropriate for legislation to pro7 mote economy, efficiency, and effectiveness in the 

8 administration and implementation of matters within 

9 the responsibility and authority of the Director of 

10 National Intelligence, and to detect and eliminate 

11 fraud and abuse in such matters. 

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

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

14 shall transmit the report to the congressional intelligence 

15 committees together with any comments the Director con16 siders appropriate. 

17 ‘‘(2)(A) The Inspector General shall report imme18 diately to the Director whenever the Inspector General be19 comes aware of particularly serious or flagrant problems, 

20 abuses, or deficiencies relating to matters within the re21 sponsibility and authority of the Director of National In22 telligence. 

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

24 intelligence committees each report under subparagraph 

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


hmoore on PRODPC68 with HMBILLS
96 

•S 1538 PCS

1 together with such comments as the Director considers ap2 propriate. 

3 ‘‘(3) In the event that— 

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

5 any differences with the Director affecting the exe6 cution of the duties or responsibilities of the Inspec7 tor General; 

8 ‘‘(B) an investigation, inspection, or audit car9 ried out by the Inspector General focuses on any 

10 current or former intelligence community official 

11 who— 

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

13 of the intelligence community that is subject to 

14 appointment by the President, whether or not 

15 by and with the advice and consent of the Sen16 ate, including such a position held on an acting 

17 basis; 

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

19 of the intelligence community, including a posi20 tion held on an acting basis, that is appointed 

21 by the Director of National Intelligence; or 

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

23 element of the intelligence community or a posi24 tion covered by subsection (b) or (c) of section 

25 106; 


hmoore on PRODPC68 with HMBILLS
97 

•S 1538 PCS

1 ‘‘(C) a matter requires a report by the Inspec2 tor General to the Department of Justice on possible 

3 criminal conduct by a current or former official de4 scribed in subparagraph (B); 

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

6 the Department of Justice declining or approving 

7 prosecution of possible criminal conduct of any cur8 rent or former official described in subparagraph 

9 (B); or 

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

11 possible alternatives, is unable to obtain significant 

12 documentary information in the course of an inves13 tigation, inspection, or audit, 

14 the Inspector General shall immediately notify and submit 

15 a report on such matter to the congressional intelligence 

16 committees. 

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

18 to the congressional intelligence committees any report or 

19 findings and recommendations of an investigation, inspec20 tion, or audit conducted by the office which has been re21 quested by the Chairman or Vice Chairman or Ranking 

22 Minority Member of either committee. 

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

24 community, an employee assigned or detailed to an ele25 ment of the intelligence community, or an employee of a 


hmoore on PRODPC68 with HMBILLS
98 

•S 1538 PCS

1 contractor to the intelligence community who intends to 

2 report to Congress a complaint or information with respect 

3 to an urgent concern may report such complaint or infor4 mation to the Inspector General. 

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

6 period beginning on the date of receipt from an employee 

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

8 the Inspector General shall determine whether the com9 plaint or information appears credible. Upon making such 

10 a determination, the Inspector General shall transmit to 

11 the Director a notice of that determination, together with 

12 the complaint or information. 

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

14 General under subparagraph (B), the Director shall, with15 in seven calendar days of such receipt, forward such trans16 mittal to the congressional intelligence committees, to17 gether with any comments the Director considers appro18 priate. 

19 ‘‘(D)(i) If the Inspector General does not find cred20 ible under subparagraph (B) a complaint or information 

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

22 the complaint or information to the Director in accurate 

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

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


hmoore on PRODPC68 with HMBILLS
99 

•S 1538 PCS

1 Congress by contacting either or both of the congressional 

2 intelligence committees directly. 

3 ‘‘(ii) An employee may contact the intelligence com4 mittees directly as described in clause (i) only if the em5 ployee— 

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

7 the Director, through the Inspector General, a state8 ment of the employee’s complaint or information and 

9 notice of the employee’s intent to contact the con10 gressional intelligence committees directly; and 

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

12 through the Inspector General, direction on how to 

13 contact the intelligence committees in accordance 

14 with appropriate security practices. 

15 ‘‘(iii) A member or employee of one of the congres16 sional intelligence committees who receives a complaint or 

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

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

19 such committee. 

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

21 who reports a complaint or information to the Inspector 

22 General under this paragraph of each action taken under 

23 this paragraph with respect to the complaint or informa24 tion. Such notice shall be provided not later than 3 days 

25 after any such action is taken. 


hmoore on PRODPC68 with HMBILLS
100 

•S 1538 PCS

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

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

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

5 means any of the following: 

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

8 to the funding, administration, or operation of an in9 telligence activity involving classified information, 

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

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

13 withholding from Congress, on an issue of material 

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

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

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

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

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

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

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

24 section 701(b) of the Intelligence Community WhistleVerDate Aug 31 2005 00:09 Jun 01, 2007 Jkt 059196 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.PCS S1538

hmoore on PRODPC68 with HMBILLS
101 

•S 1538 PCS

1 blower Protection Act of 1998 (title VII of Public Law 

2 105–272; 5 U.S.C. App. 8H note). 

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

4 United States Code, the Inspector General shall report to 

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

8 operation of an element of the intelligence community, or 

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

11 be issued by the Attorney General pursuant to subsection 

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

13 be furnished to the Director. 

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

15 National Intelligence shall, in accordance with procedures 

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

18 Intelligence Program budget a separate account for the 

19 Office of Inspector General of the Intelligence Community. 

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

23 Inspector General of the Intelligence Community of any 

24 duty, responsibility, or function regarding an element of 

25 the intelligence community shall not be construed to modVerDate Aug 31 2005 00:09 Jun 01, 2007 Jkt 059196 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.PCS S1538

hmoore on PRODPC68 with HMBILLS
102 

•S 1538 PCS

1 ify or effect the duties and responsibilities of any other 

2 Inspector General, whether statutory or administrative, 

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

5 (2) CLERICAL AMENDMENT.—The table of con6 tents in the first section of the National Security 

7 Act of 1947, as amended by section 409 of this Act, 

8 is further amended by inserting after the item relat9 ing to section 103H the following new item: 

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

10 (b) REPEAL OF SUPERSEDED AUTHORITY TO ES11 TABLISH POSITION.—Section 8K of the Inspector General 

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

13 (c) EXECUTIVE SCHEDULE LEVEL IV.—Section 

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

15 at the end the following new item: 

16 ‘‘Inspector General of the Intelligence Commu17 nity.’’. 

18 SEC. 411. LEADERSHIP AND LOCATION OF CERTAIN OF19 FICES AND OFFICIALS. 

20 (a) NATIONAL COUNTER PROLIFERATION CEN21 TER.—Section 119A(a) of the National Security Act of 

22 1947 (50 U.S.C. 404o–1(a)) is amended— 

23 (1) by striking ‘‘(a) ESTABLISHMENT.—Not 

24 later than 18 months after the date of the enactVerDate Aug 31 2005 00:09 Jun 01, 2007 Jkt 059196 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.PCS S1538

hmoore on PRODPC68 with HMBILLS
103 

•S 1538 PCS

1 ment of the National Security Intelligence Reform 

2 Act of 2004, the’’ and inserting the following: 

3 ‘‘(a) IN GENERAL.— 

4 ‘‘(1) ESTABLISHMENT.—The’’; and 

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

6 paragraphs: 

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

8 Counter Proliferation Center shall be the Director of 

9 the National Counter Proliferation Center, who shall 

10 be appointed by the Director of National Intel11 ligence. 

12 ‘‘(3) LOCATION.—The National Counter Pro13 liferation Center shall be located within the Office of 

14 the Director of National Intelligence.’’. 

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

16 U.S.C. 403–3(c)) is amended— 

17 (1) by redesignating paragraph (9) as para18 graph (13); and 

19 (2) by inserting after paragraph (8) the fol20 lowing new paragraphs: 

21 ‘‘(9) The Chief Information Officer of the Intel22 ligence Community. 

23 ‘‘(10) The Inspector General of the Intelligence 

24 Community. 


hmoore on PRODPC68 with HMBILLS
104 

•S 1538 PCS

1 ‘‘(11) The Director of the National 

2 Counterterrorism Center. 

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

4 Proliferation Center.’’. 

5 SEC. 412. NATIONAL SPACE INTELLIGENCE OFFICE. 

6 (a) ESTABLISHMENT.— 

7 (1) IN GENERAL.—Title I of the National Secu8 rity Act of 1947 (50 U.S.C. 401 et seq.) is amended 

9 by adding at the end the following new section: 

10 ‘‘NATIONAL SPACE INTELLIGENCE OFFICE

11 ‘‘SEC. 119C. (a) ESTABLISHMENT.—There is estab12 lished within the Office of the Director of National Intel13 ligence a National Space Intelligence Office. 

14 ‘‘(b) DIRECTOR OF NATIONAL SPACE INTELLIGENCE

15 OFFICE.—The National Intelligence Officer for Science 

16 and Technology, or a successor position designated by the 

17 Director of National Intelligence, shall act as the Director 

18 of the National Space Intelligence Office. 

19 ‘‘(c) MISSIONS.—The National Space Intelligence Of20 fice shall have the following missions: 

21 ‘‘(1) To coordinate and provide policy direction 

22 for the management of space-related intelligence as23 sets. 

24 ‘‘(2) To prioritize collection activities consistent 

25 with the National Intelligence Collection Priorities 

26 framework, or a successor framework or other docuVerDate Aug 31 2005 00:09 Jun 01, 2007 Jkt 059196 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.PCS S1538

hmoore on PRODPC68 with HMBILLS
105 

•S 1538 PCS

1 ment designated by the Director of National Intel2 ligence. 

3 ‘‘(3) To provide policy direction for programs 

4 designed to ensure a sufficient cadre of government 

5 and nongovernment personnel in fields relating to 

6 space intelligence, including programs to support 

7 education, recruitment, hiring, training, and reten8 tion of qualified personnel. 

9 ‘‘(4) To evaluate independent analytic assess10 ments of threats to classified United States space in11 telligence systems throughout all phases of the devel12 opment, acquisition, and operation of such systems. 

13 ‘‘(d) ACCESS TO INFORMATION.—The Director of 

14 National Intelligence shall ensure that the National Space 

15 Intelligence Office has access to all national intelligence 

16 information (as appropriate), and such other information 

17 (as appropriate and practical), necessary for the Office to 

18 carry out the missions of the Office under subsection (c). 

19 ‘‘(e) SEPARATE BUDGET ACCOUNT.—The Director of 

20 National Intelligence shall include in the National Intel21 ligence Program budget a separate line item for the Na22 tional Space Intelligence Office.’’. 

23 (2) CLERICAL AMENDMENT.—The table of con24 tents in the first section of the National Security 


hmoore on PRODPC68 with HMBILLS
106 

•S 1538 PCS

1 Act of 1947 is amended by inserting after the item 

2 relating to section 119B the following new item: 

‘‘Sec. 119C. National Space Intelligence Office.’’. 

3 (b) REPORT ON ORGANIZATION OF OFFICE.— 

4 (1) REPORT REQUIRED.—Not later than 180 

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

6 Director of the National Space Intelligence Office 

7 shall submit to the Select Committee on Intelligence 

8 of the Senate and the Permanent Select Committee 

9 on Intelligence of the House of Representatives a re10 port on the organizational structure of the National 

11 Space Intelligence Office established by section 119C 

12 of the National Security Act of 1947 (as added by 

13 subsection (a)). 

14 (2) ELEMENTS.—The report required by para15 graph (1) shall include the following: 

16 (A) The proposed organizational structure 

17 of the National Space Intelligence Office. 

18 (B) An identification of key participants in 

19 the Office. 

20 (C) A strategic plan for the Office during 

21 the five-year period beginning on the date of 

22 the report. 


hmoore on PRODPC68 with HMBILLS
107 

•S 1538 PCS

1 SEC. 413. OPERATIONAL FILES IN THE OFFICE OF THE DI2 RECTOR OF NATIONAL INTELLIGENCE. 

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

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

5 at the end the following new section: 

6 ‘‘PROTECTION OF CERTAIN FILES OF THE OFFICE OF

7 THE DIRECTOR OF NATIONAL INTELLIGENCE

8 ‘‘SEC. 706. (a) RECORDS FROM EXEMPTED OPER9 ATIONAL FILES.—(1) Any record disseminated or other10 wise provided to an element of the Office of the Director 

11 of National Intelligence from the exempted operational 

12 files of elements of the intelligence community designated 

13 in accordance with this title, and any operational files cre14 ated by the Office of the Director of National Intelligence 

15 that incorporate such record in accordance with subpara16 graph (A)(ii), shall be exempted from the provisions of 

17 section 552 of title 5, United States Code that require 

18 search, review, publication or disclosure in connection 

19 therewith, in any instance in which— 

20 ‘‘(A)(i) such record is shared within the Office 

21 of the Director of National Intelligence and not dis22 seminated by that Office beyond that Office; or 

23 ‘‘(ii) such record is incorporated into new 

24 records created by personnel of the Office of the Di25 rector of National Intelligence and maintained in 

26 operational files of the Office of the Director of NaVerDate Aug 31 2005 00:09 Jun 01, 2007 Jkt 059196 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.PCS S1538

hmoore on PRODPC68 with HMBILLS
108 

•S 1538 PCS

1 tional Intelligence and such record is not dissemi2 nated by that Office beyond that Office; and 

3 ‘‘(B) the operational files from which such 

4 record has been obtained continue to remain des5 ignated as operational files exempted from section 

6 552 of title 5, United States Code. 

7 ‘‘(2) The operational files of the Office of the Direc8 tor of National Intelligence referred to in paragraph 

9 (1)(A)(ii) shall be similar in nature to the originating 

10 operational files from which the record was disseminated 

11 or provided, as such files are defined in this title. 

12 ‘‘(3) Records disseminated or otherwise provided to 

13 the Office of the Director of National Intelligence from 

14 other elements of the intelligence community that are not 

15 protected by paragraph (1), and that are authorized to 

16 be disseminated beyond the Office of the Director of Na17 tional Intelligence, shall remain subject to search and re18 view under section 552 of title 5, United States Code, but 

19 may continue to be exempted from the publication and dis20 closure provisions of that section by the originating agency 

21 to the extent that such section permits. 

22 ‘‘(4) Notwithstanding any other provision of this title, 

23 records in the exempted operational files of the Central 

24 Intelligence Agency, the National Geospatial-Intelligence 

25 Agency, the National Reconnaissance Office, the National 


hmoore on PRODPC68 with HMBILLS
109 

•S 1538 PCS

1 Security Agency, or the Defense Intelligence Agency shall 

2 not be subject to the search and review provisions of sec3 tion 552 of title 5, United States Code, solely because they 

4 have been disseminated to an element or elements of the 

5 Office of the Director of National Intelligence, or ref6 erenced in operational files of the Office of the Director 

7 of National Intelligence and that are not disseminated be8 yond the Office of the Director of National Intelligence. 

9 ‘‘(5) Notwithstanding any other provision of this title, 

10 the incorporation of records from the operational files of 

11 the Central Intelligence Agency, the National Geospatial12 Intelligence Agency, the National Reconnaissance Office, 

13 the National Security Agency, or the Defense Intelligence 

14 Agency, into operational files of the Office of the Director 

15 of National Intelligence shall not subject that record or 

16 the operational files of the Central Intelligence Agency, 

17 the National Geospatial-Intelligence Agency, the National 

18 Reconnaissance Office, the National Security Agency or 

19 the Defense Intelligence Agency to the search and review 

20 provisions of section 552 of title 5, United States Code. 

21 ‘‘(b) OTHER RECORDS.—(1) Files in the Office of the 

22 Director of National Intelligence that are not exempted 

23 under subsection (a) of this section which contain informa24 tion derived or disseminated from exempted operational 


hmoore on PRODPC68 with HMBILLS
110 

•S 1538 PCS

1 files shall be subject to search and review under section 

2 552 of title 5, United States Code. 

3 ‘‘(2) The inclusion of information from exempted 

4 operational files in files of the Office of the Director of 

5 National Intelligence that are not exempted under sub6 section (a) shall not affect the exemption of the originating 

7 operational files from search, review, publication, or dis8 closure. 

9 ‘‘(3) Records from exempted operational files of the 

10 Office of the Director of National Intelligence which have 

11 been disseminated to and referenced in files that are not 

12 exempted under subsection (a), and which have been re13 turned to exempted operational files of the Office of the 

14 Director of National Intelligence for sole retention, shall 

15 be subject to search and review. 

16 ‘‘(c) SEARCH AND REVIEW FOR CERTAIN PUR17 POSES.—Notwithstanding subsection (a), exempted oper18 ational files shall continue to be subject to search and re19 view for information concerning any of the following: 

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

21 admitted for permanent residence who have re22 quested information on themselves pursuant to the 

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

24 States Code. 


hmoore on PRODPC68 with HMBILLS
111 

•S 1538 PCS

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

2 is not exempt from disclosure under the provisions 

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

4 ‘‘(3) The specific subject matter of an investiga5 tion by any of the following for any impropriety, or 

6 violation of law, Executive order, or Presidential di7 rective, in the conduct of an intelligence activity: 

8 ‘‘(A) The Select Committee on Intelligence 

9 of the Senate. 

10 ‘‘(B) The Permanent Select Committee on 

11 Intelligence of the House of Representatives. 

12 ‘‘(C) The Intelligence Oversight Board. 

13 ‘‘(D) The Department of Justice. 

14 ‘‘(E) The Office of the Director of Na15 tional Intelligence. 

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

17 of the Intelligence Community. 

18 ‘‘(d) DECENNIAL REVIEW OF EXEMPTED OPER19 ATIONAL FILES.—(1) Not less than once every 10 years, 

20 the Director of National Intelligence shall review the oper21 ational files exempted under subsection (a) to determine 

22 whether such files, or any portion of such files, may be 

23 removed from the category of exempted files. 

24 ‘‘(2) The review required by paragraph (1) shall in25 clude consideration of the historical value or other public 


hmoore on PRODPC68 with HMBILLS
112 

•S 1538 PCS

1 interest in the subject matter of the particular category 

2 of files or portions thereof and the potential for declas3 sifying a significant part of the information contained 

4 therein. 

5 ‘‘(3) A complainant that alleges that Director of Na6 tional Intelligence has improperly withheld records be7 cause of failure to comply with this subsection may seek 

8 judicial review in the district court of the United States 

9 of the district in which any of the parties reside, or in 

10 the District of Columbia. In such a proceeding, the court’s 

11 review shall be limited to determining the following: 

12 ‘‘(A) Whether the Director has conducted the 

13 review required by paragraph (1) before the expira14 tion of the 10-year period beginning on the date of 

15 the enactment of the Intelligence Authorization Act 

16 for Fiscal Year 2008 or before the expiration of the 

17 10-year period beginning on the date of the most re18 cent review. 

19 ‘‘(B) Whether the Director of National Intel20 ligence, in fact, considered the criteria set forth in 

21 paragraph (2) in conducting the required review. 

22 ‘‘(e) SUPERSEDURE OF OTHER LAWS.—The provi23 sions of this section may not be superseded except by a 

24 provision of law that is enacted after the date of the enactVerDate Aug 31 2005 00:09 Jun 01, 2007 Jkt 059196 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.PCS S1538

hmoore on PRODPC68 with HMBILLS
113 

•S 1538 PCS

1 ment of this section and that specifically cites and repeals 

2 or modifies such provisions. 

3 ‘‘(f) APPLICABILITY.—The Director of National In4 telligence will publish a regulation listing the specific ele5 ments within the Office of the Director of National Intel6 ligence whose records can be exempted from search and 

7 review under this section. 

8 ‘‘(g) ALLEGATION; IMPROPER WITHHOLDING OF

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

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

11 agency records under section 552 of title 5, United States 

12 Code, alleges that the Office of the Director of National 

13 Intelligence has withheld records improperly because of 

14 failure to comply with any provision of this section, judi15 cial review shall be available under the terms set forth in 

16 section 552(a)(4)(B) of title 5, United States Code. 

17 ‘‘(2) Judicial review shall not be available in the man18 ner provided for under paragraph (1) as follows: 

19 ‘‘(A) In any case in which information specifi20 cally authorized under criteria established by an Ex21 ecutive order to be kept secret in the interests of na22 tional defense or foreign relations is filed with, or 

23 produced for, the court by the Office of the Director 

24 of National Intelligence, such information shall be 

25 examined ex parte, in camera by the court. 


hmoore on PRODPC68 with HMBILLS
114 

•S 1538 PCS

1 ‘‘(B) The court shall determine, to the fullest 

2 extent practicable, the issues of fact based on sworn 

3 written submissions of the parties. 

4 ‘‘(C) When a complainant alleges that re5 quested records are improperly withheld because of 

6 improper placement solely in exempted operational 

7 files, the complainant shall support such allegation 

8 with a sworn written submission based upon per9 sonal knowledge or otherwise admissible evidence. 

10 ‘‘(D)(i) When a complainant alleges that re11 quested records were improperly withheld because of 

12 improper exemption of operational files, the Office of 

13 the Director of National Intelligence shall meet its 

14 burden under section 552(a)(4)(B) of title 5, United 

15 States Code, by demonstrating to the court by sworn 

16 written submission that exempted operational files 

17 likely to contain responsive records currently meet 

18 the criteria set forth in subsection. 

19 ‘‘(ii) The court may not order the Office of the 

20 Director of National Intelligence to review the con21 tent of any exempted operational file or files in order 

22 to make the demonstration required under clause (i), 

23 unless the complainant disputes the Office’s showing 

24 with a sworn written submission based on personal 

25 knowledge or otherwise admissible evidence. 


hmoore on PRODPC68 with HMBILLS
115 

•S 1538 PCS

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

2 and (D), the parties may not obtain discovery pursu3 ant to rules 26 through 36 of the Federal Rules of 

4 Civil Procedure, except that requests for admissions 

5 may be made pursuant to rules 26 and 36. 

6 ‘‘(F) If the court finds under this subsection 

7 that the Office of the Director of National Intel8 ligence has improperly withheld requested records 

9 because of failure to comply with any provision of 

10 this section, the court shall order the Office to 

11 search and review the appropriate exempted oper12 ational file or files for the requested records and 

13 make such records, or portions thereof, available in 

14 accordance with the provisions of section 552 of title 

15 5, United States Code, and such order shall be the 

16 exclusive remedy for failure to comply with this sec17 tion. 

18 ‘‘(G) If at any time following the filing of a 

19 complaint pursuant to this paragraph the Office of 

20 the Director of National Intelligence agrees to 

21 search the appropriate exempted operational file or 

22 files for the requested records, the court shall dis23 miss the claim based upon such complaint.’’. 

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

25 in the first section of the National Security Act of 1947 


hmoore on PRODPC68 with HMBILLS
116 

•S 1538 PCS

1 is amended by inserting after the item relating to section 

2 705 the following new item: 

‘‘Sec. 706. Operational files in the Office of the Director of National Intelligence.’’. 

3 SEC. 414. REPEAL OF CERTAIN AUTHORITIES RELATING TO 

4 THE OFFICE OF THE NATIONAL COUNTER-IN5 TELLIGENCE EXECUTIVE. 

6 (a) REPEAL OF CERTAIN AUTHORITIES.—Section 

7 904 of the Counterintelligence Enhancement Act of 2002 

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

9 amended— 

10 (1) by striking subsections (d), (h), (i), and (j); 

11 and 

12 (2) by redesignating subsections (e), (f), (g), 

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

14 and (i), respectively; and 

15 (3) in subsection (f), as redesignated by para16 graph (2), by striking paragraphs (3) and (4). 

17 (b) CONFORMING AMENDMENTS.—That section is 

18 further amended— 

19 (1) in subsection (d), as redesignated by sub20 section (a)(2) of this section, by striking ‘‘subsection 

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

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

23 (2) in subsection (e), as so redesignated— 


hmoore on PRODPC68 with HMBILLS
117 

•S 1538 PCS

1 (A) in paragraph (1), by striking ‘‘sub2 section (e)(1)’’ and inserting ‘‘subsection 

3 (d)(1)’’; and 

4 (B) in paragraph (2), by striking ‘‘sub5 section (e)(2)’’ and inserting ‘‘subsection 

6 (d)(2)’’. 

7 SEC. 415. INAPPLICABILITY OF FEDERAL ADVISORY COM8 MITTEE ACT TO ADVISORY COMMITTEES OF 

9 THE OFFICE OF THE DIRECTOR OF NATIONAL 

10 INTELLIGENCE. 

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

12 (5 U.S.C. App.) is amended— 

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

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

15 inserting ‘‘; or’’; and 

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

17 paragraph: 

18 ‘‘(3) the Office of the Director of National In19 telligence.’’. 

20 SEC. 416. MEMBERSHIP OF THE DIRECTOR OF NATIONAL 

21 INTELLIGENCE ON THE TRANSPORTATION 

22 SECURITY OVERSIGHT BOARD. 

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

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


hmoore on PRODPC68 with HMBILLS
118 

•S 1538 PCS

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

2 or the Director’s designee.’’. 

3 SEC. 417. APPLICABILITY OF THE PRIVACY ACT TO THE DI4 RECTOR OF NATIONAL INTELLIGENCE AND 

5 THE OFFICE OF THE DIRECTOR OF NATIONAL 

6 INTELLIGENCE. 

7 Subsection (j) of section 552a of title 5, United 

8 States Code, is amended— 

9 (1) in paragraph (1), by striking ‘‘or’’ at the 

10 end; 

11 (2) by redesignating paragraph (2) as para12 graph (3); and 

13 (3) by inserting after paragraph (1) the fol14 lowing new paragraph: 

15 ‘‘(2) maintained by the Office of the Director of 

16 National Intelligence; or’’. 

17 Subtitle B—Central Intelligence 

18 Agency 

19 SEC. 421. DIRECTOR AND DEPUTY DIRECTOR OF THE CEN20 TRAL INTELLIGENCE AGENCY. 

21 (a) ESTABLISHMENT OF POSITION OF DEPUTY DI22 RECTOR OF CENTRAL INTELLIGENCE AGENCY.—Sub23 section (a) of section 104A of the National Security Act 

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


hmoore on PRODPC68 with HMBILLS
119 

•S 1538 PCS

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

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

3 and (i) respectively; and 

4 (2) by inserting after subsection (a) the fol5 lowing new subsections (b) and (c): 

6 ‘‘(b) DEPUTY DIRECTOR OF CENTRAL INTEL7 LIGENCE AGENCY.—(1) There is a Deputy Director of the 

8 Central Intelligence Agency who shall be appointed by the 

9 President, by and with the advice and consent of the Sen10 ate. 

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

12 Agency shall assist the Director of the Central Intelligence 

13 Agency in carrying out the duties and responsibilities of 

14 the Director. 

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

16 Agency shall act for, and exercise the powers of, the Direc17 tor of the Central Intelligence Agency during the absence 

18 or disability of the Director of the Central Intelligence 

19 Agency or during a vacancy in the position of Director 

20 of the Central Intelligence Agency. 

21 ‘‘(c) MILITARY STATUS OF DIRECTOR OF THE CEN22 TRAL INTELLIGENCE AGENCY AND DEPUTY DIRECTOR OF

23 CENTRAL INTELLIGENCE AGENCY.—(1) Not more than 

24 one of the individuals serving in the positions specified in 


hmoore on PRODPC68 with HMBILLS
120 

•S 1538 PCS

1 subsection (a) and (b) may be a commissioned officer of 

2 the Armed Forces in active status. 

3 ‘‘(2) A commissioned officer of the Armed Forces who 

4 is serving as the Director or Deputy Director of the Cen5 tral Intelligence Agency or is engaged in administrative 

6 performance of the duties of Director or Deputy Director 

7 of the Central Intelligence Agency shall not, while con8 tinuing in such service, or in the administrative perform9 ance of such duties— 

10 ‘‘(A) be subject to supervision or control by the 

11 Secretary of Defense or by any officer or employee 

12 of the Department of Defense; or 

13 ‘‘(B) exercise, by reason of the officer’s status 

14 as a commissioned officer, any supervision or control 

15 with respect to any of the military or civilian per16 sonnel of the Department of Defense except as oth17 erwise authorized by law. 

18 ‘‘(3) Except as provided in subparagraph (A) or (B) 

19 of paragraph (2), the service, or the administrative per20 formance of duties, described in that paragraph by an offi21 cer described in that paragraph shall not affect the status, 

22 position, rank, or grade of such officer in the Armed 

23 Forces, or any emolument, perquisite, right, privilege, or 

24 benefit incident to or arising out of such status, position, 

25 rank, or grade. 


hmoore on PRODPC68 with HMBILLS
121 

•S 1538 PCS

1 ‘‘(4) A commissioned officer described in paragraph 

2 (2), while serving, or continuing in the administrative per3 formance of duties, as described in that paragraph and 

4 while remaining on active duty, shall continue to receive 

5 military pay and allowances. Funds from which such pay 

6 and allowances are paid shall be reimbursed from funds 

7 available to the Director of the Central Intelligence Agen8 cy.’’. 

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

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

13 (c) EXECUTIVE SCHEDULE LEVEL III.—Section 

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

15 at the end the following new item: 

16 ‘‘Deputy Director of the Central Intelligence 

17 Agency.’’. 

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

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

20 403–6(b)(2)) is amended by adding at the end the fol21 lowing new subparagraph: 

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

24 (e) EFFECTIVE DATE AND APPLICABILITY.—The 

25 amendments made by this section shall take effect on the 


hmoore on PRODPC68 with HMBILLS
122 

•S 1538 PCS

1 date of the enactment of this Act and shall apply upon 

2 the earlier of— 

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

4 of an individual to serve as Deputy Director of the 

5 Central Intelligence Agency, except that the indi6 vidual administratively performing the duties of the 

7 Deputy Director of the Central Intelligence Agency 

8 as of the date of the enactment of this Act may con9 tinue to perform such duties after such date of nom10 ination and until the individual appointed to the po11 sition of Deputy Director of the Central Intelligence 

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

13 Senate, assumes the duties of such position; or 

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

15 of the duties of Deputy Director of the Central In16 telligence Agency by the individual administratively 

17 performing such duties as of the date of the enact18 ment of this Act. 

19 SEC. 422. INAPPLICABILITY TO DIRECTOR OF THE CEN20 TRAL INTELLIGENCE AGENCY OF REQUIRE21 MENT FOR ANNUAL REPORT ON PROGRESS 

22 IN AUDITABLE FINANCIAL STATEMENTS. 

23 Section 114A of the National Security Act of 1947 

24 (50 U.S.C. 404i–1) is amended by striking ‘‘the Director 

25 of the Central Intelligence Agency,’’. 


hmoore on PRODPC68 with HMBILLS
123 

•S 1538 PCS

1 SEC. 423. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR 

2 PROTECTIVE PERSONNEL OF THE CENTRAL 

3 INTELLIGENCE AGENCY. 

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

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

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

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

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

9 inserting ‘‘the protection’’; and 

10 (B) by striking the semicolon and inserting 

11 ‘‘, and the protection of the Director of Na12 tional Intelligence and such personnel of the Of13 fice of the Director of National Intelligence as 

14 the Director of National Intelligence may des15 ignate; and’’; and 

16 (3) by adding at the end the following new sub17 paragraph: 

18 ‘‘(B) Authorize personnel engaged in the per19 formance of protective functions authorized pursuant 

20 to subparagraph (A), when engaged in the perform21 ance of such functions, to make arrests without war22 rant for any offense against the United States com23 mitted in the presence of such personnel, or for any 

24 felony cognizable under the laws of the United 

25 States, if such personnel have reasonable grounds to 

26 believe that the person to be arrested has committed 


hmoore on PRODPC68 with HMBILLS
124 

•S 1538 PCS

1 or is committing such felony, except that any au2 thority pursuant to this subparagraph may be exer3 cised only in accordance with guidelines approved by 

4 the Director and the Attorney General and such per5 sonnel may not exercise any authority for the service 

6 of civil process or for the investigation of criminal 

7 offenses;’’. 

8 SEC. 424. TECHNICAL AMENDMENTS RELATING TO TITLES 

9 OF CERTAIN CENTRAL INTELLIGENCE AGEN10 CY POSITIONS. 

11 Section 17(d)(3)(B)(ii) of the Central Intelligence 

12 Agency Act of 1949 (50 U.S.C. 403q(d)(3)(B)(ii)) is 

13 amended— 

14 (1) in subclause (I), by striking ‘‘Executive Di15 rector’’ and inserting ‘‘Associate Deputy Director’’; 

16 (2) in subclause (II), by striking ‘‘Deputy Di17 rector for Operations’’ and inserting ‘‘Director of 

18 the National Clandestine Service’’; and 

19 (3) in subclause (IV), by striking ‘‘Deputy Di20 rector for Administration’’ and inserting ‘‘Director 

21 for Support’’. 


hmoore on PRODPC68 with HMBILLS
125 

•S 1538 PCS

1 SEC. 425. AVAILABILITY OF THE EXECUTIVE SUMMARY OF 

2 THE REPORT ON CENTRAL INTELLIGENCE 

3 AGENCY ACCOUNTABILITY REGARDING THE 

4 TERRORIST ATTACKS OF SEPTEMBER 11, 

5 2001. 

6 (a) PUBLIC AVAILABILITY.—Not later than Sep7 tember 1, 2007, the Director of the Central Intelligence 

8 Agency shall prepare and make available to the public a 

9 version of the Executive Summary of the report entitled 

10 the ‘‘Office of Inspector General Report on Central Intel11 ligence Agency Accountability Regarding Findings and 

12 Conclusions of the Joint Inquiry into Intelligence Commu13 nity Activities Before and After the Terrorist Attacks of 

14 September 11, 2001’’ issued in June 2005 that is declas15 sified to the maximum extent possible, consistent with na16 tional security. 

17 (b) REPORT TO CONGRESS.—The Director of the 

18 Central Intelligence Agency shall submit to Congress a 

19 classified annex to the redacted Executive Summary made 

20 available under subsection (a) that explains the reason 

21 that any redacted material in the Executive Summary was 

22 withheld from the public. 


hmoore on PRODPC68 with HMBILLS
126 

•S 1538 PCS

1 SEC. 426. DIRECTOR OF NATIONAL INTELLIGENCE REPORT 

2 ON RETIREMENT BENEFITS FOR FORMER EM3 PLOYEES OF AIR AMERICA. 

4 (a) IN GENERAL.—Not later than 120 days after the 

5 date of the enactment of this Act, the Director of National 

6 Intelligence shall submit to Congress a report on the ad7 visability of providing Federal retirement benefits to 

8 United States citizens for the service of such individuals 

9 before 1977 as employees of Air America or an associated 

10 company while such company was owned or controlled by 

11 the United States Government and operated or managed 

12 by the Central Intelligence Agency. 

13 (b) REPORT ELEMENTS.—(1) The report required by 

14 subsection (a) shall include the following: 

15 (A) The history of Air America and associated 

16 companies before 1977, including a description of— 

17 (i) the relationship between such compa18 nies and the Central Intelligence Agency and 

19 other elements of the United States Govern20 ment; 

21 (ii) the workforce of such companies; 

22 (iii) the missions performed by such com23 panies and their employees for the United 

24 States; and 


hmoore on PRODPC68 with HMBILLS
127 

•S 1538 PCS

1 (iv) the casualties suffered by employees of 

2 such companies in the course of their employ3 ment with such companies. 

4 (B) A description of the retirement benefits 

5 contracted for or promised to the employees of such 

6 companies before 1977, the contributions made by 

7 such employees for such benefits, the retirement 

8 benefits actually paid such employees, the entitle9 ment of such employees to the payment of future re10 tirement benefits, and the likelihood that former em11 ployees of such companies will receive any future re12 tirement benefits. 

13 (C) An assessment of the difference between— 

14 (i) the retirement benefits that former em15 ployees of such companies have received or will 

16 receive by virtue of their employment with such 

17 companies; and 

18 (ii) the retirement benefits that such em19 ployees would have received and in the future 

20 receive if such employees had been, or would 

21 now be, treated as employees of the United 

22 States whose services while in the employ of 

23 such companies had been or would now be cred24 ited as Federal service for the purpose of Fed25 eral retirement benefits. 


hmoore on PRODPC68 with HMBILLS
128 

•S 1538 PCS

1 (D) Any recommendations regarding the advis2 ability of legislative action to treat employment at 

3 such companies as Federal service for the purpose of 

4 Federal retirement benefits in light of the relation5 ship between such companies and the United States 

6 Government and the services and sacrifices of such 

7 employees to and for the United States, and if legis8 lative action is considered advisable, a proposal for 

9 such action and an assessment of its costs. 

10 (2) The Director of National Intelligence shall in11 clude in the report any views of the Director of the Central 

12 Intelligence Agency on the matters covered by the report 

13 that the Director of the Central Intelligence Agency con14 siders appropriate. 

15 (c) ASSISTANCE OF COMPTROLLER GENERAL.—The 

16 Comptroller General of the United States shall, upon the 

17 request of the Director of National Intelligence and in a 

18 manner consistent with the protection of classified infor19 mation, assist the Director in the preparation of the report 

20 required by subsection (a). 

21 (d) FORM.—The report required by subsection (a) 

22 shall be submitted in unclassified form, but may include 

23 a classified annex. 

24 (e) DEFINITIONS.—In this section: 


hmoore on PRODPC68 with HMBILLS
129 

•S 1538 PCS

1 (1) The term ‘‘Air America’’ means Air Amer2 ica, Incorporated. 

3 (2) The term ‘‘associated company’’ means any 

4 company associated with or subsidiary to Air Amer5 ica, including Air Asia Company Limited and the 

6 Pacific Division of Southern Air Transport, Incor7 porated. 

8 Subtitle C—Defense Intelligence 

9 Components 

10 SEC. 431. ENHANCEMENTS OF NATIONAL SECURITY AGEN11 CY TRAINING PROGRAM. 

12 (a) TERMINATION OF EMPLOYEES.—Subsection 

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

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

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

16 ‘‘terminated— 

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

18 the employee; 

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

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

21 employee to maintain such level of academic 

22 standing in the educational course of training 

23 as the Director of the National Security Agency 

24 shall have specified in the agreement of the em25 ployee under this subsection; and’’. 


hmoore on PRODPC68 with HMBILLS
130 

•S 1538 PCS

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

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

4 follows through ‘‘(2) Agency efforts’’ and inserting ‘‘Agen5 cy efforts’’. 

6 SEC. 432. CODIFICATION OF AUTHORITIES OF NATIONAL 

7 SECURITY AGENCY PROTECTIVE PER8 SONNEL. 

9 The National Security Agency Act of 1959 (50 

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

11 following new section: 

12 ‘‘SEC. 21. (a) The Director is authorized to designate 

13 personnel of the Agency to perform protective functions 

14 for the Director and for any personnel of the Agency des15 ignated by the Director. 

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

17 under this section, personnel of the Agency designated to 

18 perform protective functions pursuant to subsection (a) 

19 are authorized, when engaged in the performance of such 

20 functions, to make arrests without a warrant for— 

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

22 committed in the presence of such personnel; or 

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

24 the United States if such personnel have reasonable 


hmoore on PRODPC68 with HMBILLS
131 

•S 1538 PCS

1 grounds to believe that the person to be arrested has 

2 committed or is committing such felony. 

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

4 only in accordance with guidelines approved by the Direc5 tor and the Attorney General. 

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

7 protective functions pursuant to subsection (a) shall not 

8 exercise any authority for the service of civil process or 

9 the investigation of criminal offenses. 

10 ‘‘(c) Nothing in this section shall be construed to im11 pair or otherwise affect any authority under any other pro12 vision of law relating to the performance of protective 

13 functions.’’. 

14 SEC. 433. INSPECTOR GENERAL MATTERS. 

15 (a) COVERAGE UNDER INSPECTOR GENERAL ACT OF

16 1978.—Subsection (a)(2) of section 8G of the Inspector 

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

18 (1) by inserting ‘‘the Defense Intelligence Agen19 cy,’’ after ‘‘the Corporation for Public Broad20 casting,’’; 

21 (2) by inserting ‘‘the National Geospatial-Intel22 ligence Agency,’’ after ‘‘the National Endowment for 

23 the Arts,’’; and 


hmoore on PRODPC68 with HMBILLS
132 

•S 1538 PCS

1 (3) by inserting ‘‘the National Reconnaissance 

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

3 National Labor Relations Board,’’. 

4 (b) CERTAIN DESIGNATIONS UNDER INSPECTOR

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

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

7 is amended by adding at the end the following new para8 graph: 

9 ‘‘(3) The Inspectors General of the Defense Intel10 ligence Agency, the National Geospatial-Intelligence Agen11 cy, the National Reconnaissance Office, and the National 

12 Security Agency shall be designees of the Inspector Gen13 eral of the Department of Defense for purposes of this 

14 section.’’. 

15 (c) POWER OF HEADS OF ELEMENTS OVER INVES16 TIGATIONS.—Subsection (d) of section 8G of that Act— 

17 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; 

18 (2) in the second sentence of paragraph (1), as 

19 designated by paragraph (1) of this subsection, by 

20 striking ‘‘The head’’ and inserting ‘‘Except as pro21 vided in paragraph (2), the head’’; and 

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

23 paragraph: 

24 ‘‘(2)(A) The Director of National Intelligence or the 

25 Secretary of Defense may prohibit the Inspector General 


hmoore on PRODPC68 with HMBILLS
133 

•S 1538 PCS

1 of an element of the intelligence community specified in 

2 subparagraph (D) from initiating, carrying out, or com3 pleting any audit or investigation if the Director or the 

4 Secretary, as the case may be, determines that the prohibi5 tion is necessary to protect vital national security interests 

6 of the United States. 

7 ‘‘(B) If the Director or the Secretary exercises the 

8 authority under subparagraph (A), the Director or the 

9 Secretary, as the case may be, shall submit to the commit10 tees of Congress specified in subparagraph (E) an appro11 priately classified statement of the reasons for the exercise 

12 of the authority not later than seven days after the exer13 cise of the authority. 

14 ‘‘(C) At the same time the Director or the Secretary 

15 submits under subparagraph (B) a statement on the exer16 cise of the authority in subparagraph (A) to the commit17 tees of Congress specified in subparagraph (E), the Direc18 tor or the Secretary, as the case may be, shall notify the 

19 Inspector General of such element of the submittal of such 

20 statement and, to the extent consistent with the protection 

21 of intelligence sources and methods, provide the Inspector 

22 General with a copy of such statement. The Inspector 

23 General may submit to such committees of Congress any 

24 comments on a notice or statement received by the InspecVerDate Aug 31 2005 00:09 Jun 01, 2007 Jkt 059196 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.PCS S1538

hmoore on PRODPC68 with HMBILLS
134 

•S 1538 PCS

1 tor General under this subparagraph that the Inspector 

2 General considers appropriate. 

3 ‘‘(D) The elements of the intelligence community 

4 specified in this subparagraph are as follows: 

5 ‘‘(i) The Defense Intelligence Agency. 

6 ‘‘(ii) The National Geospatial-Intelligence Agen7 cy. 

8 ‘‘(iii) The National Reconnaissance Office. 

9 ‘‘(iv) The National Security Agency. 

10 ‘‘(E) The committees of Congress specified in this 

11 subparagraph are— 

12 ‘‘(i) the Committee on Armed Services and the 

13 Select Committee on Intelligence of the Senate; and 

14 ‘‘(ii) the Committee on Armed Services and the 

15 Permanent Select Committee on Intelligence of the 

16 House of Representatives.’’. 

17 SEC. 434. CONFIRMATION OF APPOINTMENT OF HEADS OF 

18 CERTAIN COMPONENTS OF THE INTEL19 LIGENCE COMMUNITY. 

20 (a) DIRECTOR OF NATIONAL SECURITY AGENCY.— 

21 The National Security Agency Act of 1959 (50 U.S.C. 402 

22 note) is amended by inserting after the first section the 

23 following new section: 

24 ‘‘SEC. 2. (a) There is a Director of the National Secu25 rity Agency. 


hmoore on PRODPC68 with HMBILLS
135 

•S 1538 PCS

1 ‘‘(b) The Director of the National Security Agency 

2 shall be appointed by the President, by and with the advice 

3 and consent of the Senate. 

4 ‘‘(c) The Director of the National Security Agency 

5 shall be the head of the National Security Agency and 

6 shall discharge such functions and duties as are provided 

7 by this Act or otherwise by law.’’. 

8 (b) DIRECTOR OF NATIONAL GEOSPATIAL-INTEL9 LIGENCE AGENCY.—Section 441(b) of title 10, United 

10 States Code, is amended— 

11 (1) by redesignating paragraphs (2) and (3) as 

12 paragraphs (3) and (4), respectively; and 

13 (2) by inserting after paragraph (1) the fol14 lowing new paragraph (2): 

15 ‘‘(2) The Director of the National Geospatial Intel16 ligence Agency shall be appointed by the President, by and 

17 with the advice and consent of the Senate.’’. 

18 (c) DIRECTOR OF NATIONAL RECONNAISSANCE OF19 FICE.—The Director of the National Reconnaissance Of20 fice shall be appointed by the President, by and with the 

21 advice and consent of the Senate. 

22 (d) POSITIONS OF IMPORTANCE AND RESPONSI23 BILITY.— 

24 (1) DESIGNATION OF POSITIONS.—The Presi25 dent may designate any of the positions referred to 


hmoore on PRODPC68 with HMBILLS
136 

•S 1538 PCS

1 in paragraph (2) as positions of importance and re2 sponsibility under section 601 of title 10, United 

3 States Code. 

4 (2) COVERED POSITIONS.—The positions re5 ferred to in this paragraph are as follows: 

6 (A) The Director of the National Security 

7 Agency. 

8 (B) The Director of the National 

9 Geospatial-Intelligence Agency. 

10 (C) The Director of the National Recon11 naissance Office. 

12 (e) EFFECTIVE DATE AND APPLICABILITY.— 

13 (1) IN GENERAL.—The amendments made by 

14 subsections (a) and (b), and subsection (c), shall 

15 take effect on the date of the enactment of this Act 

16 and shall apply upon the earlier of— 

17 (A) the date of the nomination by the 

18 President of an individual to serve in the posi19 tion concerned, except that the individual serv20 ing in such position as of the date of the enact21 ment of this Act may continue to perform such 

22 duties after such date of nomination and until 

23 the individual appointed to such position, by 

24 and with the advice and consent of the Senate, 

25 assumes the duties of such position; or 


hmoore on PRODPC68 with HMBILLS
137 

•S 1538 PCS

1 (B) the date of the cessation of the per2 formance of the duties of such position by the 

3 individual performing such duties as of the date 

4 of the enactment of this Act. 

5 (2) POSITIONS OF IMPORTANCE AND RESPONSI6 BILITY.—Subsection (d) shall take effect on the date 

7 of the enactment of this Act. 

8 SEC. 435. CLARIFICATION OF NATIONAL SECURITY MIS9 SIONS OF NATIONAL GEOSPATIAL-INTEL10 LIGENCE AGENCY FOR ANALYSIS AND DIS11 SEMINATION OF CERTAIN INTELLIGENCE IN12 FORMATION. 

13 Section 442(a) of title 10, United States Code, is 

14 amended— 

15 (1) by redesignating paragraph (2) as para16 graph (3); 

17 (2) by inserting after paragraph (1) the fol18 lowing new paragraph (2): 

19 ‘‘(2)(A) As directed by the Director of National Intel20 ligence, the National Geospatial-Intelligence Agency shall 

21 also develop a system to facilitate the analysis, dissemina22 tion, and incorporation of likenesses, videos, and presen23 tations produced by ground-based platforms, including 

24 handheld or clandestine photography taken by or on behalf 

25 of human intelligence collection organizations or available 


hmoore on PRODPC68 with HMBILLS
138 

•S 1538 PCS

1 as open-source information, into the National System for 

2 Geospatial Intelligence. 

3 ‘‘(B) The authority provided by this paragraph does 

4 not include the authority to manage or direct the tasking 

5 of, set requirements and priorities for, set technical re6 quirements related to, or modify any classification or dis7 semination limitations related to the collection of, 

8 handheld or clandestine photography taken by or on behalf 

9 of human intelligence collection organizations.’’; and 

10 (3) in paragraph (3), as so redesignated, by 

11 striking ‘‘paragraph (1)’’ and inserting ‘‘paragraphs 

12 (1) and (2)’’. 

13 SEC. 436. SECURITY CLEARANCES IN THE NATIONAL 

14 GEOSPATIAL-INTELLIGENCE AGENCY. 

15 The Secretary of Defense shall, during the period be16 ginning on the date of the enactment of this Act and end17 ing on December 31, 2008, delegate to the Director of 

18 the National Geospatial-Intelligence Agency personnel se19 curity authority with respect to the National Geospatial20 Intelligence Agency (including authority relating to the 

21 use of contractor personnel in investigations and adjudica22 tions for security clearances) that is identical to the per23 sonnel security authority of the Director of the National 

24 Security Agency with respect to the National Security 

25 Agency. 


hmoore on PRODPC68 with HMBILLS
139 

•S 1538 PCS

1 Subtitle D—Other Elements 

2 SEC. 441. CLARIFICATION OF INCLUSION OF COAST GUARD 

3 AND DRUG ENFORCEMENT ADMINISTRATION 

4 AS ELEMENTS OF THE INTELLIGENCE COM5 MUNITY. 

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

7 U.S.C. 401a(4)) is amended— 

8 (1) in subparagraph (H)— 

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

10 ‘‘the Marine Corps,’’; and 

11 (B) by inserting ‘‘the Drug Enforcement 

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

13 Investigation,’’; and 

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

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

19 Section 105(b) of the Intelligence Authorization Act 

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

21 2603; 31 U.S.C. 311 note) is amended— 

22 (1) by striking ‘‘Director of Central Intel23 ligence’’ and inserting ‘‘Director of National Intel24 ligence’’; and 


hmoore on PRODPC68 with HMBILLS
140 

•S 1538 PCS

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

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

3 TITLE V—OTHER MATTERS 

4 SEC. 501. TECHNICAL AMENDMENTS TO THE NATIONAL SE5 CURITY ACT OF 1947. 

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

7 et seq.) is amended as follows: 

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

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

10 ‘‘section’’ and inserting ‘‘subsection’’; 

11 (B) in subsection (d)— 

12 (i) in paragraph (3), by striking ‘‘sub13 paragraph (A)’’ in the matter preceding 

14 subparagraph (A) and inserting ‘‘para15 graph (1)(A)’’; 

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

17 ‘‘or personnel’’ in the matter preceding 

18 clause (i); and 

19 (iii) in paragraph (5)(B), by striking 

20 ‘‘or agency involved’’ in the second sen21 tence and inserting ‘‘involved or the Direc22 tor of the Central Intelligence Agency (in 

23 the case of the Central Intelligence Agen24 cy)’’; 


hmoore on PRODPC68 with HMBILLS
141 

•S 1538 PCS

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

2 ‘‘section’’ and inserting ‘‘paragraph’’; and 

3 (D) in subsection (n), by inserting ‘‘AND

4 OTHER’’ after ‘‘ACQUISITION’’. 

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

6 404o(c)(2)(B)), by striking ‘‘subsection (h)’’ and in7 serting ‘‘subsection (i)’’. 

8 (3) In section 705(e)(2)(D)(i) (50 U.S.C. 

9 432c(e)(2)(D)(i)), by striking ‘‘responsible’’ and in10 serting ‘‘responsive’’. 

11 SEC. 502. TECHNICAL CLARIFICATION OF CERTAIN REF12 ERENCES TO JOINT MILITARY INTELLIGENCE 

13 PROGRAM AND TACTICAL INTELLIGENCE 

14 AND RELATED ACTIVITIES. 

15 Section 102A of the National Security Act of 1947 

16 (50 U.S.C. 403–1) is amended— 

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

18 budgets for the Joint Military Intelligence Program 

19 and for Tactical Intelligence and Related Activities’’ 

20 and inserting ‘‘annual budget for the Military Intel21 ligence Program or any successor program or pro22 grams’’; and 

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

24 Military Intelligence Program’’ and inserting ‘‘MiliVerDate Aug 31 2005 00:09 Jun 01, 2007 Jkt 059196 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.PCS S1538

hmoore on PRODPC68 with HMBILLS
142 

•S 1538 PCS

1 tary Intelligence Program or any successor program 

2 or programs’’. 

3 SEC. 503. TECHNICAL AMENDMENTS TO THE INTEL4 LIGENCE REFORM AND TERRORISM PREVEN5 TION ACT OF 2004. 

6 (a) AMENDMENTS TO NATIONAL SECURITY INTEL7 LIGENCE REFORM ACT OF 2004.—The National Security 

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

9 108–458) is further amended as follows: 

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

11 458(e)(10)(B)), by striking ‘‘Attorney General’’ the 

12 second place it appears and inserting ‘‘Department 

13 of Justice’’. 

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

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

16 ‘‘National Intelligence Director’’ and inserting 

17 ‘‘Director of National Intelligence’’; and 

18 (B) in subsection (h), by striking ‘‘Na19 tional Intelligence Director’’ and inserting ‘‘Di20 rector of National Intelligence’’. 

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

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

23 after ‘‘INTELLIGENCE’’. 

24 (b) OTHER AMENDMENTS TO INTELLIGENCE RE25 FORM AND TERRORISM PREVENTION ACT OF 2004.—The 


hmoore on PRODPC68 with HMBILLS
143 

•S 1538 PCS

1 Intelligence Reform and Terrorism Prevention Act of 

2 2004 (Public Law 108–458) is amended as follows: 

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

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

5 before ‘‘an institutional culture’’; 

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

7 National Intelligence Director in a manner con8 sistent with section 112(e)’’ and inserting ‘‘the 

9 Director of National Intelligence in a manner 

10 consistent with applicable law’’; and 

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

12 in the matter preceding paragraph (1) and in13 serting ‘‘shall’’. 

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

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

16 Federal’’ and inserting ‘‘Federal’’; and 

17 (B) in paragraph (3), by striking ‘‘the spe18 cific’’ and inserting ‘‘specific’’. 

19 SEC. 504. TECHNICAL AMENDMENTS TO TITLE 10, UNITED 

20 STATES CODE, ARISING FROM ENACTMENT 

21 OF THE INTELLIGENCE REFORM AND TER22 RORISM PREVENTION ACT OF 2004. 

23 (a) REFERENCES TO HEAD OF INTELLIGENCE COM24 MUNITY.—Title 10, United States Code, is amended by 

25 striking ‘‘Director of Central Intelligence’’ each place it 


hmoore on PRODPC68 with HMBILLS
144 

•S 1538 PCS

1 appears in a provision as follows and inserting ‘‘Director 

2 of National Intelligence’’: 

3 (1) Section 193(d)(2). 

4 (2) Section 193(e). 

5 (3) Section 201(a). 

6 (4) Section 201(b)(1). 

7 (5) Section 201(c)(1). 

8 (6) Section 425(a). 

9 (7) Section 431(b)(1). 

10 (8) Section 441(c). 

11 (9) Section 441(d). 

12 (10) Section 443(d). 

13 (11) Section 2273(b)(1). 

14 (12) Section 2723(a). 

15 (b) CLERICAL AMENDMENTS.—Such title is further 

16 amended by striking ‘‘DIRECTOR OF CENTRAL INTEL17 LIGENCE’’ each place it appears in a provision as follows 

18 and inserting ‘‘DIRECTOR OF NATIONAL INTELLIGENCE’’: 

19 (1) Section 441(c). 

20 (2) Section 443(d). 

21 (c) REFERENCE TO HEAD OF CENTRAL INTEL22 LIGENCE AGENCY.—Section 444 of such title is amended 

23 by striking ‘‘Director of Central Intelligence’’ each place 

24 it appears and inserting ‘‘Director of the Central Intel25 ligence Agency’’. 


hmoore on PRODPC68 with HMBILLS
145 

•S 1538 PCS

1 SEC. 505. TECHNICAL AMENDMENT TO THE CENTRAL IN2 TELLIGENCE AGENCY ACT OF 1949. 

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

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

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

6 102(a), subsections (c)(7) and (d) of section 103, sub7 sections (a) and (g) of section 104, and section 303 of 

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

9 (3), 403–3(c)(7), (d), 403–4(a), (g), and 405)’’ and insert10 ing ‘‘authorized under section 104A of the National Secu11 rity Act of 1947 (50 U.S.C. 403–4a).’’. 

12 SEC. 506. TECHNICAL AMENDMENTS RELATING TO THE 

13 MULTIYEAR NATIONAL INTELLIGENCE PRO14 GRAM. 

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

16 the National Defense Authorization Act for Fiscal Year 

17 1991 (50 U.S.C. 404b) is amended— 

18 (1) in the subsection caption, by striking ‘‘FOR19 EIGN’’; and 

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

21 (b) RESPONSIBILITY OF DNI.—That section is fur22 ther amended— 

23 (1) in subsections (a) and (c), by striking ‘‘Di24 rector of Central Intelligence’’ and inserting ‘‘Direc25 tor of National Intelligence’’; and 


hmoore on PRODPC68 with HMBILLS
146 

•S 1538 PCS

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

2 Intelligence’’ after ‘‘Director’’. 

3 (c) CONFORMING AMENDMENT.—The heading of 

4 that section is amended to read as follows: 

5 ‘‘SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PRO6 GRAM.’’. 

7 SEC. 507. TECHNICAL AMENDMENTS TO THE EXECUTIVE 

8 SCHEDULE. 

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

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

11 item relating to the Director of Central Intelligence and 

12 inserting the following new item: 

13 ‘‘Director of the Central Intelligence Agency.’’. 

14 (b) EXECUTIVE SCHEDULE LEVEL III.—Section 

15 5314 of title 5, United States Code, is amended by strik16 ing the item relating to the Deputy Directors of Central 

17 Intelligence. 

18 (c) EXECUTIVE SCHEDULE LEVEL IV.—Section 

19 5315 of title 5, United States Code, is amended by strik20 ing the item relating to the General Counsel of the Office 

21 of the National Intelligence Director and inserting the fol22 lowing new item: 

23 ‘‘General Counsel of the Office of the Director 

24 of National Intelligence.’’. 


hmoore on PRODPC68 with HMBILLS
147 

•S 1538 PCS

1 SEC. 508. 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 


hmoore on PRODPC68 with HMBILLS
148 

•S 1538 PCS

1 places it appears and inserting ‘‘National Geospatial-Intel2 ligence Agency’’. 

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

4 as follows: 

5 ‘‘§ 1336. National Geospatial-Intelligence Agency: spe6 cial publications’’. 

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

8 13 of such title is amended by striking the item relating 

9 to section 1336 and inserting the following new item: 

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

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

11 201(f)(2)(E) of the Homeland Security Act of 2002 (6 

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

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

14 Geospatial-Intelligence Agency’’. 

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

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

17 amended by striking ‘‘National Imagery and Mapping 

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

19 Geospatial-Intelligence Agency’’. 

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

21 105(a)(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’’. 

25 (f) OTHER ACTS.— 


hmoore on PRODPC68 with HMBILLS
149 

•S 1538 PCS

1 (1) Section 7(b)(2)(A)(i) of the Employee Poly2 graph Protection Act of 1988 (29 U.S.C. 

3 2006(b)(2)(A)(i)) is amended by striking ‘‘National 

4 Imagery and Mapping Agency’’ and inserting ‘‘Na5 tional Geospatial-Intelligence Agency’’. 

6 (2) Section 207(a)(2)(B) of the Legislative 

7 Branch Appropriations Act, 1993 (44 U.S.C. 501 

8 note) is amended by striking ‘‘National Imagery and 

9 Mapping Agency’’ and inserting ‘‘National 

10 Geospatial-Intelligence Agency’’. 

11 SEC. 509. OTHER TECHNICAL AMENDMENTS RELATING TO 

12 RESPONSIBILITY OF THE DIRECTOR OF NA13 TIONAL INTELLIGENCE AS HEAD OF THE IN14 TELLIGENCE COMMUNITY. 

15 (a) IN GENERAL.— 

16 (1) The Public Interest Declassification Act of 

17 2000 (50 U.S.C. 435 note) is amended by striking 

18 ‘‘Director of Central Intelligence’’ each place it ap19 pears in a provision as follows and inserting ‘‘Direc20 tor of National Intelligence’’: 

21 (A) Section 704(c)(2)(B). 

22 (B) Section 706(b)(2). 

23 (C) Section 706(e)(2)(B). 

24 (2) Section 705(c) of such Act is amended by 

25 striking ‘‘the Director of Central Intelligence, as 


hmoore on PRODPC68 with HMBILLS
150 

•S 1538 PCS

1 head of the intelligence community,’’ and inserting 

2 ‘‘the Director of National Intelligence’’. 

3 (b) CONFORMING AMENDMENT.—The heading of sec4 tion 705(c) of such Act is amended by striking ‘‘DIREC5 TOR OF CENTRAL INTELLIGENCE’’ and inserting ‘‘DIREC6 TOR OF NATIONAL INTELLIGENCE’’. 


hmoore on PRODPC68 with HMBILLS

hmoore on PRODPC68 with HMBILLS
Calendar No. 181 

110TH CONGRESS 

1ST SESSION S. 1538 

[Report No. 110

–75] 

A BILL 

To authorize appropriations for fiscal year 2008 for 

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

MAY 31, 2007 

Read twice and placed on the calendar 


hmoore on PRODPC68 with HMBILLS