II 

Calendar No. 222 

110TH CONGRESS 

1ST SESSION S. 1538 

[Report No. 110–75] 

[Report No. 110–92] 

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 

JUNE 4, 2007 

Referred to the Committee on Armed Services pursuant to section 3(b) of S. 

Res. 400, 94th Congress, as amended by S. Res. 445, 108th Congress, 

for a period not to exceed 10 days of session 

JUNE 15, 2007 

Referred to the Committee on Armed Services pursuant to S. Res. 445, 108th 

Congress, for an additional 5 days of sesssion 

JUNE 26, 2007 

Reported by Mr. LEVIN, with amendments 

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

A BILL 

To authorize appropriations for fiscal year 2008 for the 


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intelligence and intelligence-related activities of the 

United States Government, the Intelligence Community 

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

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—INTELLIGENCE ACTIVITIES 

Sec. 101. Authorization of appropriations. 

Sec. 102. Classified schedule of authorizations. 

Sec. 103. Personnel 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. 


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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. 

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. 


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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. 

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. 


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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. 

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. 


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1 (12) The National Reconnaissance Office. 

2 (13) The National Geospatial-Intelligence Agen3 cy. 

4 (14) The Coast Guard. 

5 (15) The Department of Homeland Security. 

6 (16) The Drug Enforcement Administration. 

7 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

8 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

9 LEVELS.—The amounts authorized to be appropriated 

10 under section 101, and the authorized personnel levels (ex11 pressed as full-time equivalent positions) as of September 

12 30, 2008, for the conduct of the intelligence and intel13 ligence-related activities of the elements listed in such sec14 tion, are those specified in the classified Schedule of Au15 thorizations prepared to accompany the conference report 

16 on the bill lll of the One Hundred Tenth Congress. 

17 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU18 THORIZATIONS.—The Schedule of Authorizations shall be 

19 made available to the Committees on Appropriations of 

20 the Senate and House of Representatives and to the Presi21 dent. The President shall provide for suitable distribution 

22 of the Schedule, or of appropriate portions of the Sched23 ule, within the executive branch. 


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1 SEC. 103. PERSONNEL LEVEL ADJUSTMENTS. 

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

4 Budget, the Director of National Intelligence may author5 ize employment of civilian personnel in excess of the num6 ber of authorized full-time equivalent positions for fiscal 

7 year 2008 under section 102 when the Director of Na8 tional Intelligence determines that such action is necessary 

9 to the performance of important intelligence functions, ex10 cept that the number of personnel employed in excess of 

11 the number authorized under such section may not, for 

12 any element of the intelligence community, exceed 5 per13 cent of the number of civilian personnel authorized under 

14 such section for such element. 

15 (b) AUTHORITY FOR CONVERSION OF ACTIVITIES

16 PERFORMED BY CONTRACTORS.—In addition to the au17 thority in subsection (a), upon a determination by the 

18 head of an element in the intelligence community that ac19 tivities currently being performed by contractor employees 

20 should be performed by government employees, the con21 currence of the Director of National Intelligence in such 

22 determination, and the approval of the Director of the Of23 fice of Management and Budget, the Director of National 

24 Intelligence may authorize employment of additional full25 time equivalent personnel in such element of the intelVerDate Aug 31 2005 22:27 Jul 12, 2007 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.RS S1538

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1 ligence community equal to the number of full-time equiv2 alent contractor employees performing such activities. 

3 (c) NOTICE TO INTELLIGENCE COMMITTEES.—The 

4 Director of National Intelligence shall notify the Select 

5 Committee on Intelligence of the Senate and the Perma6 nent Select Committee on Intelligence of the House of 

7 Representatives in writing at least 15 days before each 

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

9 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC10 COUNT. 

11 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated for the Intelligence Commu13 nity Management Account of the Director of National In14 telligence for fiscal year 2008 the sum of $715,076,000. 

15 Within such amount, funds identified in the classified 

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

17 for advanced research and development shall remain avail18 able until September 30, 2009. 

19 (b) AUTHORIZED PERSONNEL LEVELS.—The ele20 ments within the Intelligence Community Management 

21 Account of the Director of National Intelligence are au22 thorized 1768 full-time equivalent personnel as of Sep23 tember 30, 2008. Personnel serving in such elements may 

24 be permanent employees of the Intelligence Community 


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1 Management Account or personnel detailed from other ele2 ments of the United States Government. 

3 (c) CONSTRUCTION OF AUTHORITIES.—The authori4 ties available to the Director of National Intelligence 

5 under section 103 are also available to the Director for 

6 the adjustment of personnel levels in elements within the 

7 Intelligence Community Management Account. 

8 (d) CLASSIFIED AUTHORIZATIONS.— 

9 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

10 addition to amounts authorized to be appropriated 

11 for the Intelligence Community Management Ac12 count by subsection (a), there are also authorized to 

13 be appropriated for the Intelligence Community 

14 Management Account for fiscal year 2008 such addi15 tional amounts as are specified in the classified 

16 Schedule of Authorizations referred to in section 

17 102(a). Such additional amounts for research and 

18 development shall remain available until September 

19 30, 2009. 

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

22 for elements of the Intelligence Community Manage23 ment Account as of September 30, 2008, there are 

24 also authorized such additional personnel for such 


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1 elements as of that date as are specified in the clas2 sified Schedule of Authorizations. 

3 SEC. 105. INCORPORATION OF REPORTING REQUIRE4 MENTS. 

5 (a) IN GENERAL.—Each requirement to submit a re6 port to the congressional intelligence committees that is 

7 included in the joint explanatory statement to accompany 

8 the conference report on the bill lll of the One Hun9 dred Tenth Congress, or in the classified annex to this 

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

11 made a requirement in law. 

12 (b) CONGRESSIONAL INTELLIGENCE COMMITTEES

13 DEFINED.—In this section, the term ‘‘congressional intel14 ligence committees’’ means— 

15 (1) the Select Committee on Intelligence of the 

16 Senate; and 

17 (2) the Permanent Select Committee on Intel18 ligence of the House of Representatives. 

19 SEC. 106. DEVELOPMENT AND ACQUISITION PROGRAM. 

20 Of the funds appropriated for the National Intel21 ligence Program for fiscal year 2008, and of funds cur22 rently available for obligation for any prior fiscal year, the 

23 Director of National Intelligence shall transfer not less 

24 than the amount specified in the classified annex to the 

25 Office of the Director of National Intelligence to fund the 


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1 development and acquisition of the program specified in 

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

3 available without fiscal year limitation. 

4 SEC. 107. AVAILABILITY TO PUBLIC OF CERTAIN INTEL5 LIGENCE FUNDING INFORMATION. 

6 (a) AMOUNTS REQUESTED EACH FISCAL YEAR.— 

7 The President shall disclose to the public for each fiscal 

8 year after fiscal year 2008 the aggregate amount of appro9 priations requested by the President for such fiscal year 

10 for the National Intelligence Program. 

11 (b) AMOUNTS AUTHORIZED AND APPROPRIATED

12 EACH FISCAL YEAR.—Congress shall disclose to the pub13 lic for each fiscal year after fiscal year 2007 the aggregate 

14 amount of funds authorized to be appropriated, and the 

15 aggregate amount of funds appropriated, by Congress for 

16 such fiscal year for the National Intelligence Program. 

17 TITLE II—CENTRAL INTEL18 LIGENCE AGENCY RETIRE19 MENT AND DISABILITY SYS20 TEM 

21 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

22 There is authorized to be appropriated for the Cen23 tral Intelligence Agency Retirement and Disability Fund 

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


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1 SEC. 202. TECHNICAL MODIFICATION TO MANDATORY RE2 TIREMENT PROVISION OF CENTRAL INTEL3 LIGENCE AGENCY RETIREMENT ACT. 

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

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

6 amended by striking ‘‘receiving compensation under the 

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

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

9 TITLE III—INTELLIGENCE AND 

10 GENERAL INTELLIGENCE 

11 COMMUNITY MATTERS 

12 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND 

13 BENEFITS AUTHORIZED BY LAW. 

14 Appropriations authorized by this Act for salary, pay, 

15 retirement, and other benefits for Federal employees may 

16 be increased by such additional or supplemental amounts 

17 as may be necessary for increases in such compensation 

18 or benefits authorized by law. 

19 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE 

20 ACTIVITIES. 

21 The authorization of appropriations by this Act shall 

22 not be deemed to constitute authority for the conduct of 

23 any intelligence activity which is not otherwise authorized 

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


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

3 SECURITY ACT OF 1947. 

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

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

7 SEC. 304. DELEGATION OF AUTHORITY FOR TRAVEL ON 

8 COMMON CARRIERS FOR INTELLIGENCE 

9 COLLECTION PERSONNEL. 

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

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

12 is amended— 

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

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

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

18 and 

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

20 paragraph: 

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

24 such authority to such senior officials of such element as 

25 are specified in guidelines prescribed by the Director of 

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


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

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

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

7 by subsection (a). 

8 (c) CONGRESSIONAL INTELLIGENCE COMMITTEES

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

11 (1) the Select Committee on Intelligence of the 

12 Senate; and 

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

15 SEC. 305. MODIFICATION OF AVAILABILITY OF FUNDS FOR 

16 DIFFERENT INTELLIGENCE ACTIVITIES. 

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

19 amended to read as follows: 

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

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


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1 SEC. 306. INCREASE IN PENALTIES FOR DISCLOSURE OF 

2 UNDERCOVER INTELLIGENCE OFFICERS AND 

3 AGENTS. 

4 (a) DISCLOSURE OF AGENT AFTER ACCESS TO IN5 FORMATION IDENTIFYING AGENT.—Subsection (a) of sec6 tion 601 of the National Security Act of 1947 (50 U.S.C. 

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

8 years’’. 

9 (b) DISCLOSURE OF AGENT AFTER ACCESS TO CLAS10 SIFIED INFORMATION.—Subsection (b) of such section is 

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

12 years’’. 

13 SEC. 307. EXTENSION TO INTELLIGENCE COMMUNITY OF 

14 AUTHORITY TO DELETE INFORMATION 

15 ABOUT RECEIPT AND DISPOSITION OF FOR16 EIGN GIFTS AND DECORATIONS. 

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

18 States Code, is amended to read as follows: 

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

20 of the intelligence community, the head of such element 

21 may delete the information described in subparagraphs 

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

23 element certifies in writing to the Secretary of State that 

24 the publication of such information could adversely affect 

25 United States intelligence sources or methods. 


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

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

3 shall be transmitted to the Director of National Intel4 ligence. 

5 ‘‘(C) In this paragraph, the term ‘element of the in6 telligence community’ means an element of the intelligence 

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

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

9 SEC. 308. PUBLIC INTEREST DECLASSIFICATION BOARD. 

10 The Public Interest Declassification Act of 2000 (50 

11 U.S.C. 435 note) is amended— 

12 (1) in section 704(e)— 

13 (A) by striking ‘‘If requested’’ and insert14 ing the following: 

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

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

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

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

19 the Board may conduct the review and make the 

20 recommendations described in that section, regard21 less of whether such a review is requested by the 

22 President. 

23 ‘‘(3) REPORTING.—Any recommendations sub24 mitted to the President by the Board under section 

25 703(b)(5), shall be submitted to the chairman and 


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1 ranking member of the committee of Congress that 

2 made the request relating to such recommenda3 tions.’’; and 

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

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

6 ‘‘on December 31, 2012’’. 

7 SEC. 309. ENHANCED FLEXIBILITY IN NON-REIMBURSABLE 

8 DETAILS TO ELEMENTS OF THE INTEL9 LIGENCE COMMUNITY. 

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

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

12 and section 904(g)(2) of the Counterintelligence Enhance13 ment Act of 2002 (title IX of Public Law 107–306; 50 

14 U.S.C. 402c(g)(2)) and notwithstanding any other provi15 sion of law, in any fiscal year after fiscal year 2007 an 

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

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

18 of the intelligence community funded through the Commu19 nity Management Account from another element of the 

20 United States Government on a reimbursable or non-reim21 bursable basis, as jointly agreed to by the Director of Na22 tional Intelligence and the head of the detailing element 

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

24 exceed three years. 


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1 (b) ELEMENT OF THE INTELLIGENCE COMMUNITY

2 DEFINED.—In this section, the term ‘‘element of the intel3 ligence community’’ means an element of the intelligence 

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

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

6 SEC. 310. DIRECTOR OF NATIONAL INTELLIGENCE REPORT 

7 ON COMPLIANCE WITH THE DETAINEE 

8 TREATMENT ACT OF 2005 AND RELATED PRO9 VISIONS OF THE MILITARY COMMISSIONS 

10 ACT OF 2006. 

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

12 1, 2007, the Director of National Intelligence shall submit 

13 to the congressional intelligence committees appropriate 

14 committees of Congress a comprehensive report on all 

15 measures taken by the Office of the Director of National 

16 Intelligence and by each element, if any, of the intelligence 

17 community with relevant responsibilities to comply with 

18 the provisions of the Detainee Treatment Act of 2005 

19 (title X of division A of Public Law 109–148) and related 

20 provisions of the Military Commissions Act of 2006 (Pub21 lic Law 109–366). 

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

23 (a) shall include the following: 

24 (1) A description of the detention or interroga25 tion methods, if any, that have been determined to 


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1 comply with section 1003 of the Detainee Treatment 

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

3 and section 6 of the Military Commissions Act of 

4 2006 (120 Stat. 2632; 18 U.S.C. 2441 note) (in5 cluding the amendments made by such section 6), 

6 and, with respect to each such method— 

7 (A) an identification of the official making 

8 such determination; and 

9 (B) a statement of the basis for such de10 termination. 

11 (2) A description of the detention or interroga12 tion methods, if any, whose use has been discon13 tinued pursuant to the Detainee Treatment Act of 

14 2005 or the Military Commission Act of 2006, and, 

15 with respect to each such method— 

16 (A) an identification of the official making 

17 the determination to discontinue such method; 

18 and 

19 (B) a statement of the basis for such de20 termination. 

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

22 taken to implement section 1004 of the Detainee 

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

24 2000dd–1), and, with respect to each such action— 


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1 (A) an identification of the official taking 

2 such action; and 

3 (B) a statement of the basis for such ac4 tion. 

5 (4) Any other matters that the Director con6 siders necessary to fully and currently inform the 

7 congressional intelligence committees appropriate 

8 committees of Congress about the implementation of 

9 the Detainee Treatment Act of 2005 and related 

10 provisions of the Military Commissions Act of 2006. 

11 (5) An appendix containing— 

12 (A) all guidelines for the application of the 

13 Detainee Treatment Act of 2005 and related 

14 provisions of the Military Commissions Act of 

15 2006 to the detention or interrogation activi16 ties, if any, of any element of the intelligence 

17 community; and 

18 (B) all legal justifications of any office or 

19 official of the Department of Justice about the 

20 meaning or application of Detainee Treatment 

21 Act of 2005 or related provisions of the Military 

22 Commissions Act of 2006 with respect to the 

23 detention or interrogation activities, if any, of 

24 any element of the intelligence community. 


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

2 shall be submitted in classified form. 

3 (d) DEFINITIONS.—In this section: 

4 (1) The term ‘‘congressional intelligence com5 mittees’’ means— 

6 (A) the Select Committee on Intelligence of 

7 the Senate; and 

8 (B) the Permanent Select Committee of 

9 the House of Representatives. 

10 (1) The term ‘‘appropriate committees of Con11 gress’’ means— 

12 (A) the Committee on Armed Services and 

13 the Select Committee on Intelligence of the Sen14 ate; and 

15 (B) the Committee on Armed Services and 

16 the Permanent Select Committee on Intelligence 

17 of the House of Representatives. 

18 (2) The term ‘‘element of the intelligence com19 munity’’ means the elements of the intelligence com20 munity specified in or designated under section 3(4) 

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

22 401a(4)). 


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

2 THE INFORMATION SHARING ENVIRONMENT 

3 AND THE INFORMATION SHARING COUNCIL. 

4 Section 1016 of the National Security Intelligence 

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

6 U.S.C. 485) is amended— 

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

8 two-year period beginning on the date of designation 

9 under this paragraph unless sooner’’ and inserting 

10 ‘‘until’’; and 

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

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

13 designation of the program manager by the Presi14 dent under subsection (f)(1), unless sooner’’ and in15 serting ‘‘until’’. 

16 SEC. 312. IMPROVEMENT OF NOTIFICATION OF CONGRESS 

17 REGARDING INTELLIGENCE ACTIVITIES OF 

18 THE UNITED STATES GOVERNMENT. 

19 (a) NOTICE ON INFORMATION NOT DISCLOSED.— 

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

21 Security Act of 1947 (50 U.S.C. 413a) is amend22 ed— 

23 (A) by redesignating subsections (b) and 

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

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

26 following new subsection (b): 


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

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

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

4 the United States Government does not provide in5 formation required by subsection (a) in full or to all 

6 the members of the congressional intelligence com7 mittees, and requests that such information not be 

8 provided, the Director shall, in a timely fashion, no9 tify such committees of the determination not to 

10 provide such information in full or to all members 

11 of such committees. Such notice shall be submitted 

12 in writing in a classified form, include a statement 

13 of the reasons for such determination and descrip14 tion that provides the main features of the intel15 ligence activities covered by such determination, and 

16 contain no restriction on access to this notice by all 

17 members of the committee. 

18 ‘‘(2) Nothing in this subsection shall be con19 strued as authorizing less than full and current dis20 closure to all the members of the Select Committee 

21 on Intelligence of the Senate and the Permanent Se22 lect Committee on Intelligence of the House of Rep23 resentatives of any information necessary to keep all 

24 the members of such committees fully and currently 


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1 informed on all intelligence activities covered by this 

2 section.’’. 

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

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

5 of this subsection, is amended by striking ‘‘sub6 section (b)’’ and inserting ‘‘subsections (b) and (c)’’. 

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

8 (1) FORM AND CONTENT OF CERTAIN RE9 PORTS.—Subsection (b) of section 503 of such Act 

10 (50 U.S.C. 413b) is amended— 

11 (A) by redesignating paragraphs (1) and 

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

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

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

15 paragraph: 

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

17 is submitted to the congressional intelligence com18 mittees for the purposes of paragraph (1) shall be 

19 in writing, and shall contain the following: 

20 ‘‘(A) A concise statement of any facts per21 tinent to such report. 

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

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


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1 (2) NOTICE ON INFORMATION NOT DIS2 CLOSED.—Subsection (c) of such section is amended 

3 by adding at the end the following new paragraph: 

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

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

6 the United States Government does not provide in7 formation required by subsection (b) in full or to all 

8 the members of the congressional intelligence com9 mittees, and requests that such information not be 

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

11 notify such committees of the determination not to 

12 provide such information in full or to all members 

13 of such committees. Such notice shall be submitted 

14 in writing in a classified form, include a statement 

15 of the reasons for such determination and a descrip16 tion that provides the main features of the covert ac17 tion covered by such determination, and contain no 

18 restriction on access to this notice by all members of 

19 the committee.’’. 

20 (3) MODIFICATION OF NATURE OF CHANGE OF

21 COVERT ACTION TRIGGERING NOTICE REQUIRE22 MENTS.—Subsection (d) of such section is amended 

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


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1 SEC. 313. ADDITIONAL LIMITATION ON AVAILABILITY OF 

2 FUNDS FOR INTELLIGENCE AND INTEL3 LIGENCE-RELATED ACTIVITIES. 

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

5 U.S.C. 414) is amended— 

6 (1) in subsection (a), by inserting ‘‘the congres7 sional intelligence committees have been fully and 

8 currently informed of such activity and if’’ after 

9 ‘‘only if’’; 

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

11 and (e) as subsections (c), (d), (e), and (f), respec12 tively; and 

13 (3) by inserting after subsection (a) the fol14 lowing new subsection (b): 

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

16 intelligence committees on an intelligence or intelligence17 related activity is covered by section 502(b), or in which 

18 notice to the congressional intelligence committees on a 

19 covert action is covered by section 503(c)(5), the congres20 sional intelligence committees shall be treated as being 

21 fully and currently informed on such activity or covert ac22 tion, as the case may be, for purposes of subsection (a) 

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

24 as applicable, have been met.’’. 


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1 SEC. 314. VULNERABILITY ASSESSMENTS OF MAJOR SYS2 TEMS. 

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

4 Act of 1947 (50 U.S.C. 413 et seq.) is amended by insert5 ing after section 506A the following new section: 

6 ‘‘VULNERABILITY ASSESSMENTS OF MAJOR SYSTEMS

7 ‘‘SEC. 506B. (a) INITIAL VULNERABILITY ASSESS8 MENTS.—The Director of National Intelligence shall con9 duct an initial vulnerability assessment for any major sys10 tem and its items of supply, that is proposed for inclusion 

11 in the National Intelligence Program. The initial vulner12 ability assessment of a major system and its items of sup13 ply shall, at a minimum, use an analysis-based approach 

14 to— 

15 ‘‘(1) identify applicable vulnerabilities; 

16 ‘‘(2) define exploitation potential; 

17 ‘‘(3) examine the system’s potential effective18 ness; 

19 ‘‘(4) determine overall vulnerability; and 

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

21 ‘‘(b) SUBSEQUENT VULNERABILITY ASSESS22 MENTS.—(1) The Director of National Intelligence shall 

23 conduct subsequent vulnerability assessments of each 

24 major system and its items of supply within the National 

25 Intelligence Program— 


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

2 major system; 

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

4 change in circumstances warrants the issuance of a 

5 subsequent vulnerability assessment; or 

6 ‘‘(C) upon the request of a congressional intel7 ligence committee. 

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

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

10 use an analysis-based approach and, if applicable, a test11 ing-based approach, to monitor the exploitation potential 

12 of such system and reexamine the factors described in 

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

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

15 of National Intelligence shall give due consideration to the 

16 vulnerability assessments prepared for a given major sys17 tem when developing and determining the annual consoli18 dated National Intelligence Program budget. 

19 ‘‘(d) CONGRESSIONAL OVERSIGHT.—(1) The Direc20 tor of National Intelligence shall provide to the congres21 sional intelligence committees a copy of each vulnerability 

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

23 than 10 days after the date of the completion of such as24 sessment. 


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1 ‘‘(2) The Director of National Intelligence shall pro2 vide the congressional intelligence committees with a pro3 posed schedule for subsequent vulnerability assessments of 

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

5 committees with the initial vulnerability assessment under 

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

7 (d). 

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

9 ‘‘(1) The term ‘items of supply’— 

10 ‘‘(A) means any individual part, compo11 nent, subassembly, assembly, or subsystem inte12 gral to a major system, and other property 

13 which may be replaced during the service life of 

14 the major system, including spare parts and re15 plenishment parts; and 

16 ‘‘(B) does not include packaging or label17 ing associated with shipment or identification of 

18 items. 

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

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

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

22 the process of identifying and quantifying 

23 vulnerabilities in a major system and its items of 

24 supply.’’. 


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

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

3 is amended by inserting after the item relating to section 

4 506A the following: 

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

5 SEC. 315. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR 

6 THE INTELLIGENCE COMMUNITY. 

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

8 Act of 1947 (50 U.S.C. 413 et seq.), as amended by sec9 tion 314, is further amended by inserting after section 

10 506B, as added by section 314(a), the following new sec11 tion: 

12 ‘‘ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE

13 INTELLIGENCE COMMUNITY

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

15 Director of National Intelligence shall, in consultation 

16 with the head of the element of the intelligence community 

17 concerned, prepare an annual personnel level assessment 

18 for such element of the intelligence community that as19 sesses the personnel levels for each such element for the 

20 fiscal year following the fiscal year in which the assess21 ment is submitted. 

22 ‘‘(b) SCHEDULE.—Each assessment required by sub23 section (a) shall be submitted to the congressional intel24 ligence committees not later than January 31, of each 

25 year. 


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1 ‘‘(c) CONTENTS.—Each assessment required by sub2 section (a) submitted during a fiscal year shall contain, 

3 at a minimum, the following information for the element 

4 of the intelligence community concerned: 

5 ‘‘(1) The personnel costs for the upcoming fis6 cal year. 

7 ‘‘(2) The dollar and percentage increase or de8 crease of such costs as compared to the personnel 

9 costs of the current fiscal year. 

10 ‘‘(3) The dollar and percentage increase or de11 crease of such costs as compared to the personnel 

12 costs during the prior 5 fiscal years. 

13 ‘‘(4) The number of personnel positions re14 quested for the upcoming fiscal year. 

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

16 decrease of such number as compared to the number 

17 of personnel positions of the current fiscal year. 

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

19 decrease of such number as compared to the number 

20 of personnel positions during the prior 5 fiscal years. 

21 ‘‘(7) The number and costs of contractors fund22 ed by the element for the upcoming fiscal year. 

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

24 decrease of such costs of contractors as compared to 

25 the costs of contractors of the current fiscal year. 


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

2 decrease of such costs of contractors as compared to 

3 the cost of contractors, and the number of contrac4 tors, during the prior 5 fiscal years. 

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

6 personnel and contractor levels. 

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

8 Intelligence that, based on current and projected 

9 funding, the element concerned will have sufficient— 

10 ‘‘(A) internal infrastructure to support the 

11 requested personnel and contractor levels; 

12 ‘‘(B) training resources to support the re13 quested personnel levels; and 

14 ‘‘(C) funding to support the administrative 

15 and operational activities of the requested per16 sonnel levels.’’. 

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

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

19 314(b), is further amended by inserting after the item re20 lating to section 506B, as added by section 314(b), the 

21 following new item: 

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


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1 SEC. 316. BUSINESS ENTERPRISE ARCHITECTURE AND 

2 BUSINESS SYSTEM MODERNIZATION FOR THE 

3 INTELLIGENCE COMMUNITY. 

4 (a) BUSINESS ENTERPRISE ARCHITECTURE AND

5 BUSINESS SYSTEM MODERNIZATION.— 

6 (1) IN GENERAL.—Title V of the National Se7 curity Act of 1947 (50 U.S.C. 413 et seq.), as 

8 amended by sections 314 and 315, is further amend9 ed by inserting after section 506C, as added by sec10 tion 315(a), the following new section: 

11 ‘‘INTELLIGENCE COMMUNITY BUSINESS SYSTEMS, 

12 ARCHITECTURE, ACCOUNTABILITY, AND MODERNIZATION

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

14 FUNDS FOR INTELLIGENCE COMMUNITY BUSINESS SYS15 TEM MODERNIZATION.—(1) After April 1, 2008, no funds 

16 appropriated to any element of the intelligence community 

17 may be obligated for an intelligence community business 

18 system modernization described in paragraph (2) unless— 

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

20 Director of National Intelligence under subsection 

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

22 (3) with respect to the intelligence community busi23 ness system modernization; and 

24 ‘‘(B) the certification is approved by the Intel25 ligence Community Business Systems Management 

26 Committee established under subsection (f). 


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1 ‘‘(2) An intelligence community business system mod2 ernization described in this paragraph is an intelligence 

3 community business system modernization that— 

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

5 $1,000,000; and 

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

7 funds for such cost from amounts appropriated for 

8 the National Intelligence Program. 

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

10 an intelligence community business system modernization 

11 is a certification, made by the approval authority des12 ignated by the Director under subsection (c)(2) to the In13 telligence Community Business Systems Management 

14 Committee, that the intelligence community business sys15 tem modernization— 

16 ‘‘(A) complies with the enterprise architecture 

17 under subsection (b); or 

18 ‘‘(B) is necessary— 

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

20 capability or address a critical requirement in 

21 an area such as safety or security; or 

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

23 on a project that is needed to achieve an essen24 tial capability, taking into consideration the alVerDate Aug 31 2005 22:27 Jul 12, 2007 Jkt 059200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.RS S1538

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1 ternative solutions for preventing such adverse 

2 effect. 

3 ‘‘(4) The obligation of funds for an intelligence com4 munity business system modernization that does not com5 ply with the requirements of this subsection shall be treat6 ed as a violation of section 1341(a)(1)(A) of title 31, 

7 United States Code. 

8 ‘‘(b) ENTERPRISE ARCHITECTURE FOR INTEL9 LIGENCE COMMUNITY BUSINESS SYSTEMS.—(1) The Di10 rector of National Intelligence shall, acting through the 

11 Intelligence Community Business Systems Management 

12 Committee established under subsection (f), develop and 

13 implement an enterprise architecture to cover all intel14 ligence community business systems, and the functions 

15 and activities supported by such business systems. The en16 terprise architecture shall be sufficiently defined to effec17 tively guide, constrain, and permit implementation of 

18 interoperable intelligence community business system solu19 tions, consistent with applicable policies and procedures 

20 established by the Director of the Office of Management 

21 and Budget. 

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

23 shall include the following: 


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

2 minimum, will enable the intelligence community 

3 to— 

4 ‘‘(i) comply with all Federal accounting, fi5 nancial management, and reporting require6 ments; 

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

8 and reliable financial information for manage9 ment purposes; 

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

11 program information and systems; and 

12 ‘‘(iv) provide for the systematic measure13 ment of performance, including the ability to 

14 produce timely, relevant, and reliable cost infor15 mation. 

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

17 system interface requirements that apply uniformly 

18 throughout the intelligence community. 

19 ‘‘(c) RESPONSIBILITIES FOR INTELLIGENCE COMMU20 NITY BUSINESS SYSTEM MODERNIZATION.—(1) The Di21 rector of National Intelligence shall be responsible for re22 view, approval, and oversight of the planning, design, ac23 quisition, deployment, operation, and maintenance of an 

24 intelligence community business system modernization if 

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1 munity business system modernization is funded by 

2 amounts appropriated for the National Intelligence Pro3 gram. 

4 ‘‘(2) The Director shall designate one or more appro5 priate officials of the intelligence community to be respon6 sible for making certifications with respect to intelligence 

7 community business system modernizations under sub8 section (a)(3). 

9 ‘‘(d) INTELLIGENCE COMMUNITY BUSINESS SYSTEM

10 INVESTMENT REVIEW.—(1) The approval authority des11 ignated under subsection (c)(2) shall establish and imple12 ment, not later than March 31, 2008, an investment re13 view process for the review of the planning, design, acqui14 sition, development, deployment, operation, maintenance, 

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

16 intelligence community business systems for which the ap17 proval authority is responsible. 

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

19 (1) shall— 

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

21 title 40, United States Code; and 

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

23 the approval authority under such review process. 

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

25 (1) shall include the following elements: 


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1 ‘‘(A) Review and approval by an investment re2 view board (consisting of appropriate representatives 

3 of the intelligence community) of each intelligence 

4 community business system as an investment before 

5 the obligation of funds for such system. 

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

7 annually, of every intelligence community business 

8 system investment. 

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

10 appropriate review of intelligence community busi11 ness system investments depending on the scope, 

12 complexity, and cost of the system involved. 

13 ‘‘(D) Procedures for making certifications in 

14 accordance with the requirements of subsection 

15 (a)(3). 

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

17 the investment review process with applicable guid18 ance issued by the Director of National Intelligence 

19 and the Intelligence Community Business Systems 

20 Management Committee established under sub21 section (f). 

22 ‘‘(F) Common decision criteria, including stand23 ards, requirements, and priorities, for purposes of 

24 ensuring the integration of intelligence community 

25 business systems. 


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

2 after fiscal year 2009, the Director of National Intel3 ligence shall include in the materials the Director submits 

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

5 that is submitted to Congress under section 1105 of title 

6 31, United States Code, the following information: 

7 ‘‘(1) An identification of each intelligence com8 munity business system for which funding is pro9 posed in such budget. 

10 ‘‘(2) An identification of all funds, by appro11 priation, proposed in such budget for each such sys12 tem, including— 

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

14 and maintain such system; and 

15 ‘‘(B) funds for business systems mod16 ernization identified for each specific appropria17 tion. 

18 ‘‘(3) For each such system, identification of ap19 proval authority designated for such system under 

20 subsection (c)(2). 

21 ‘‘(4) The certification, if any, made under sub22 section (a)(3) with respect to each such system. 

23 ‘‘(f) INTELLIGENCE COMMUNITY BUSINESS SYSTEMS

24 MANAGEMENT COMMITTEE.—(1) The Director of Na25 tional Intelligence shall establish an Intelligence CommuVerDate Aug 31 2005 22:27 Jul 12, 2007 Jkt 059200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.RS S1538

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1 nity Business Systems Management Committee (in this 

2 subsection referred to as the ‘Committee’). 

3 ‘‘(2) The Committee shall— 

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

5 procedures necessary to effectively integrate all busi6 ness activities and any transformation, reform, reor7 ganization, or process improvement initiatives under8 taken within the intelligence community; 

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

10 ‘‘(i) the enterprise architecture developed 

11 under subsection (b); and 

12 ‘‘(ii) any plans for an intelligence commu13 nity business systems modernization; 

14 ‘‘(C) manage cross-domain integration con15 sistent with such enterprise architecture; 

16 ‘‘(D) be responsible for coordinating initiatives 

17 for intelligence community business system mod18 ernization to maximize benefits and minimize costs 

19 for the intelligence community, and periodically re20 port to the Director on the status of efforts to carry 

21 out an intelligence community business system mod22 ernization; 

23 ‘‘(E) ensure that funds are obligated for intel24 ligence community business system modernization in 

25 a manner consistent with subsection (a); and 


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1 ‘‘(F) carry out such other duties as the Direc2 tor shall specify. 

3 ‘‘(g) RELATION TO ANNUAL REGISTRATION RE4 QUIREMENTS.—Nothing in this section shall be construed 

5 to alter the requirements of section 8083 of the Depart6 ment of Defense Appropriations Act, 2005 (Public Law 

7 108–287; 118 Stat. 989), with regard to information tech8 nology systems (as defined in subsection (d) of such sec9 tion). 

10 ‘‘(h) RELATION TO DEFENSE BUSINESS SYSTEMS

11 ARCHITECTURE, ACCOUNTABILITY, AND MODERNIZATION

12 REQUIREMENTS.—An intelligence community business 

13 system that receives more than 50 percent of its funds 

14 from amounts available for the National Intelligence Pro15 gram shall be exempt from the requirements of section 

16 2222 of title 10, United States Code. 

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

18 Director of National Intelligence and the Chief Informa19 tion Officer of the Intelligence Community shall fulfill the 

20 executive agency responsibilities in chapter 113 of title 40, 

21 United States Code, for any intelligence community busi22 ness system that receives more than 50 percent of its 

23 funding from amounts appropriated for National Intel24 ligence Program. 


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1 ‘‘(2) Any intelligence community business system cov2 ered by paragraph (1) shall be exempt from the require3 ments of such chapter 113 that would otherwise apply to 

4 the executive agency that contains the element of the intel5 ligence community involved. 

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

7 2009 through 2014, the Director of National Intelligence 

8 shall submit to the congressional intelligence committees 

9 a report on the compliance of the intelligence community 

10 with the requirements of this section. Each such report 

11 shall— 

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

13 meeting the requirements of subsection (a), includ14 ing— 

15 ‘‘(A) specific milestones and actual per16 formance against specified performance meas17 ures, and any revision of such milestones and 

18 performance measures; and 

19 ‘‘(B) specific actions on the intelligence 

20 community business system modernizations sub21 mitted for certification under such subsection; 

22 ‘‘(2) identify the number of intelligence commu23 nity business system modernizations that received a 

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


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1 ‘‘(3) describe specific improvements in business 

2 operations and cost savings resulting from successful 

3 intelligence community business systems moderniza4 tion efforts. 

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

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

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

8 44, United States Code. 

9 ‘‘(2) The terms ‘information system’ and ‘infor10 mation technology’ have the meanings given those 

11 terms in section 11101 of title 40, United States 

12 Code. 

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

14 system’ means an information system, other than a 

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

16 on behalf of the intelligence community, including fi17 nancial systems, mixed systems, financial data feed18 er systems, the business infrastructure capabilities 

19 shared by the systems of the business enterprise ar20 chitecture that build upon the core infrastructure, 

21 used to support business activities, such as acquisi22 tion, financial management, logistics, strategic plan23 ning and budgeting, installations and environment, 

24 and human resource management 


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

2 system modernization’ means— 

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

4 new intelligence community business system; or 

5 ‘‘(B) any significant modification or en6 hancement of an existing intelligence commu7 nity business system (other than necessary to 

8 maintain current services). 

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

10 the meaning given that term in section 3542 of title 

11 44, United States Code.’’. 

12 (2) CLERICAL AMENDMENT.—The table of con13 tents in the first section of that Act, as amended by 

14 section 314 and 315, is further amended by insert15 ing after the item relating to section 506C, as added 

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

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

17 (b) IMPLEMENTATION.— 

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

19 after the date of the enactment of this Act, the Di20 rector of National Intelligence shall— 

21 (A) complete the delegation of responsi22 bility for the review, approval, and oversight of 

23 the planning, design, acquisition, deployment, 

24 operation, maintenance, and modernization of 


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1 intelligence community business systems re2 quired by subsection (c) of section 506D of the 

3 National Security Act of 1947 (as added by 

4 subsection (a)); and 

5 (B) designate a vice chairman and per6 sonnel to serve on the Intelligence Community 

7 Business System Management Committee es8 tablished under subsection (f) of such section 

9 506D (as so added). 

10 (2) ENTERPRISE ARCHITECTURE.—The Direc11 tor shall develop the enterprise architecture required 

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

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

14 the enterprise architecture, the Director shall de15 velop an implementation plan for the architecture, 

16 including the following: 

17 (A) The acquisition strategy for new sys18 tems that are expected to be needed to complete 

19 the enterprise architecture, including specific 

20 time-phased milestones, performance metrics, 

21 and a statement of the financial and non22 financial resource needs. 

23 (B) An identification of the intelligence 

24 community business systems in operation or 

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


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1 be a part of the enterprise architecture, to2 gether with the schedule for the phased termi3 nation of the utilization of any such systems. 

4 (C) An identification of the intelligence 

5 community business systems in operation or 

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

7 a part of the enterprise architecture, together 

8 with a strategy for modifying such systems to 

9 ensure that such systems comply with such en10 terprise architecture. 

11 SEC. 317. REPORTS ON THE ACQUISITION OF MAJOR SYS12 TEMS. 

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

14 Act of 1947 (50 U.S.C. 413 et seq.), as amended by sec15 tions 314 through 316, is further amended by inserting 

16 after section 506D, as added by section 316(a)(1), the fol17 lowing new section: 

18 ‘‘REPORTS ON THE ACQUISITION OF MAJOR SYSTEMS

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

20 The Director of National Intelligence shall submit to the 

21 congressional intelligence committees each year, at the 

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

23 beginning in such year is submitted to Congress pursuant 

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

25 report on each acquisition of a major system by an ele26 ment of the intelligence community. 


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

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

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

4 shall include, for the acquisition of a major system, infor5 mation on the following: 

6 ‘‘(1) The current total anticipated acquisition 

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

8 from the date the system was first included in a re9 port under this section to the end of the calendar 

10 quarter immediately proceeding the submittal of the 

11 report under this section. 

12 ‘‘(2) The current anticipated development 

13 schedule for the system, including an estimate of an14 nual development costs until development is com15 pleted. 

16 ‘‘(3) The current anticipated procurement 

17 schedule for the system, including the best estimate 

18 of the Director of National Intelligence of the an19 nual costs and units to be procured until procure20 ment is completed. 

21 ‘‘(4) A full life-cycle cost analysis for such sys22 tem. 

23 ‘‘(5) The result of any significant test and eval24 uation of such major system as of the date of the 

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


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1 evaluation has not been conducted, a statement of 

2 the reasons therefor and the results of any other test 

3 and evaluation that has been conducted of such sys4 tem. 

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

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

7 report under this section (if applicable). 

8 ‘‘(7) The significant contracts or subcontracts 

9 related to the major system. 

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

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

12 the previous report under this section, the reasons 

13 for such cost or schedule variance. 

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

15 determination of a percentage increase in the acquisition 

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

17 this section shall be stated in terms of constant dollars 

18 from the first fiscal year in which funds are appropriated 

19 for such contract. 

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

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

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

23 cost for development and procurement of, and sys24 tem-specific construction for, such system. 


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

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

3 of development, procurement, construction, deploy4 ment, and operation and support for such program, 

5 without regard to funding source or management 

6 control, including costs of development and procure7 ment required to support or utilize such system. 

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

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

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

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

12 314 through 316, is further amended by inserting after 

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

14 316(a)(2), the following new item: 

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

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

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

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

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

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

20 ‘‘EXCESSIVE COST GROWTH OF MAJOR SYSTEMS

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

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

23 the submission of any report on a major system required 

24 by section 506E of this Act, the Director of National Intel25 ligence shall determine if the acquisition cost of such 


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1 major system has increased by at least 20 percent as com2 pared to the baseline cost of such major system. 

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

4 (1) that the acquisition cost of a major system has in5 creased by at least 20 percent, the Director shall submit 

6 to the congressional intelligence committees a written noti7 fication of such determination as described in subpara8 graph (B), a description of the amount of the increase in 

9 the acquisition cost of such major system, and a certifi10 cation as described in subparagraph (C). 

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

12 shall include— 

13 ‘‘(i) an independent cost estimate; 

14 ‘‘(ii) the date on which the determination cov15 ered by such notification was made; 

16 ‘‘(iii) contract performance assessment informa17 tion with respect to each significant contract or sub18 contract related to such major system, including the 

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

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

21 the contract that has been completed, any change in 

22 contract cost, the percentage by which the contract 

23 is currently ahead or behind schedule, and a sum24 mary explanation of significant occurrences, such as 


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1 cost and schedule variances, and the effect of such 

2 occurrences on future costs and schedules; 

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

4 for such major system, expressed in constant dollars 

5 and in current year dollars; 

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

7 such major system, expressed in constant dollars 

8 and current year dollars; 

9 ‘‘(vi) a statement of the reasons for any in10 creases in the full life-cycle cost of such major sys11 tem; 

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

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

14 life-cycle cost applicable to such major system, stat15 ed both in constant dollars and current year dollars; 

16 ‘‘(viii) the completion status of such major sys17 tem expressed as the percentage— 

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

19 funds have been appropriated for such major 

20 system compared to the number of years for 

21 which it is planned that such funds will be ap22 propriated; and 

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

24 been appropriated for such major system comVerDate Aug 31 2005 22:27 Jul 12, 2007 Jkt 059200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.RS S1538

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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 


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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 

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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. 


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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)— 


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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. 


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1 (b) CONGRESSIONAL INTELLIGENCE COMMITTEES

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

4 (1) the Select Committee on Intelligence of the 

5 Senate; and 

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

8 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— 


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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 


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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 


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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). 


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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. 


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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 


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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)— 


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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 


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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). 


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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, 


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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. 


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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, or the Chief Information Officer of 

9 the Intelligence Community, or the head of any element 

10 of the 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. 


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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— 


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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 


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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 


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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. 


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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 

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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.’’. 


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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 


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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 

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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; 


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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 


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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 


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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. 


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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. 

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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 


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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— 


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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 

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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; 


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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. 


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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. 


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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— 


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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 


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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 

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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. In the event of a 

15 dispute between an Inspector General within the Depart16 ment of Defense and the Inspector General of the Intel17 ligence Community that has not been resolved with the as18 sistance of the Forum, the Inspectors General shall submit 

19 the question to the Director of National Intelligence and the 

20 Secretary of Defense for resolution. 

21 ‘‘(C) There is established the Intelligence Community 

22 Inspectors General Forum which shall consist of all statu23 tory or administrative Inspectors General with oversight 

24 responsibility for an element or elements of the intelligence 

25 community. The Inspector General of the Intelligence 


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1 Community shall serve as the chair of the Forum. The 

2 Forum shall have no administrative authority over any In3 spector General, but shall serve as a mechanism for in4 forming its members of the work of individual members 

5 of the Forum that may be of common interest and dis6 cussing questions about jurisdiction or access to employ7 ees, employees of a contractor, records, audits, reviews, 

8 documents, recommendations, or other materials that may 

9 involve or be of assistance to more than one of its mem10 bers. 

11 ‘‘(2) The Inspector General conducting an investiga12 tion, inspection, or audit covered by paragraph (1) shall 

13 submit the results of such investigation, inspection, or 

14 audit to any other Inspector General, including the Inspec15 tor General of the Intelligence Community, with jurisdic16 tion to conduct such investigation, inspection, or audit 

17 who did not conduct such investigation, inspection, or 

18 audit. 

19 ‘‘(h) STAFF AND OTHER SUPPORT.—(1) The Inspec20 tor General of the Intelligence Community shall be pro21 vided with appropriate and adequate office space at cen22 tral and field office locations, together with such equip23 ment, office supplies, maintenance services, and commu24 nications facilities and services as may be necessary for 

25 the operation of such offices. 


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

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

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

7 or employed has security clearances appropriate for the 

8 assigned duties of such officer or employee. 

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

10 the Inspector General shall ensure that such officers and 

11 employees have the requisite training and experience to 

12 enable the Inspector General to carry out the duties of 

13 the Inspector General effectively. 

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

15 the Inspector General shall create within the Office of the 

16 Inspector General of the Intelligence Community a career 

17 cadre of sufficient size to provide appropriate continuity 

18 and objectivity needed for the effective performance of the 

19 duties of the Inspector General. 

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

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

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

25 Government. 


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

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

9 ‘‘(C) The Inspector General of the Intelligence Com10 munity may, upon reasonable notice to the head of any 

11 element of the intelligence community, conduct, as author12 ized by this section, an investigation, inspection, or audit 

13 of such element and may enter into any place occupied 

14 by such element for purposes of the performance of the 

15 duties of the Inspector General. 

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

17 Intelligence Community shall, not later than January 31 

18 and July 31 of each year, prepare and submit to the Di19 rector of National Intelligence a classified, and, as appro20 priate, unclassified semiannual report summarizing the ac21 tivities of the Office of the Inspector General of the Intel22 ligence Community during the immediately preceding 6- 

23 month periods ending December 31 (of the preceding 

24 year) and June 30, respectively. The Inspector General of 

25 the Intelligence Community shall provide that portion of 


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1 the report involving components of the Department of De2 fense to the Secretary of Defense simultaneously with sub3 mission of the report to the Director of National Intel4 ligence. 

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

6 at a minimum, the following: 

7 ‘‘(i) A list of the title or subject of each inves8 tigation, inspection, or audit conducted during the 

9 period covered by such report, including a summary 

10 of the progress of each particular investigation, in11 spection, or audit since the preceding report of the 

12 Inspector General under this paragraph. 

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

14 abuses, and deficiencies relating to the administra15 tion and implementation of programs and operations 

16 of the intelligence community, and in the relation17 ships between elements of the intelligence commu18 nity, identified by the Inspector General during the 

19 period covered by such report. 

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

21 corrective or disciplinary action made by the Inspec22 tor General during the period covered by such report 

23 with respect to significant problems, abuses, or defi24 ciencies identified in clause (ii). 


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

2 disciplinary action has been completed on each sig3 nificant recommendation described in previous semi4 annual reports, and, in a case where corrective ac5 tion has been completed, a description of such cor6 rective action. 

7 ‘‘(v) A certification whether or not the Inspec8 tor General has had full and direct access to all in9 formation relevant to the performance of the func10 tions of the Inspector General. 

11 ‘‘(vi) A description of the exercise of the sub12 poena authority under subsection (f)(5) by the In13 spector General during the period covered by such 

14 report. 

15 ‘‘(vii) Such recommendations as the Inspector 

16 General considers appropriate for legislation to pro17 mote economy, efficiency, and effectiveness in the 

18 administration and implementation of matters within 

19 the responsibility and authority of the Director of 

20 National Intelligence, and to detect and eliminate 

21 fraud and abuse in such matters. 

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

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

24 shall transmit the report to the congressional intelligence 

25 committees together with any comments the Director conVerDate Aug 31 2005 22:27 Jul 12, 2007 Jkt 059200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.RS S1538

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1 siders appropriate. The Director shall transmit to the Com2 mittee on Armed Services of the Senate and the Committee 

3 on Armed Services of the House of Representatives that por4 tion of the report involving components of the Department 

5 of Defense simultaneously with submission of the report to 

6 the congressional intelligence committees. 

7 ‘‘(2)(A) The Inspector General shall report imme8 diately to the Director whenever the Inspector General be9 comes aware of particularly serious or flagrant problems, 

10 abuses, or deficiencies relating to matters within the re11 sponsibility and authority of the Director of National In12 telligence. 

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

14 intelligence committees congressional intelligence commit15 tees, and as appropriate the Committee on Armed Services 

16 of the Senate and the Committee on Armed Services of the 

17 House of Representatives relating to matters within the De18 partment of Defense, each report under subparagraph (A) 

19 within seven calendar days of receipt of such report, to20 gether with such comments as the Director considers ap21 propriate. 

22 ‘‘(3) In the event that— 

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

24 any differences with the Director affecting the exeVerDate Aug 31 2005 22:27 Jul 12, 2007 Jkt 059200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.RS S1538

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1 cution of the duties or responsibilities of the Inspec2 tor General; 

3 ‘‘(B) an investigation, inspection, or audit car4 ried out by the Inspector General focuses on any 

5 current or former intelligence community official 

6 who— 

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

8 of the intelligence community that is subject to 

9 appointment by the President, whether or not 

10 by and with the advice and consent of the Sen11 ate, including such a position held on an acting 

12 basis; 

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

14 of the intelligence community, including a posi15 tion held on an acting basis, that is appointed 

16 by the Director of National Intelligence; or 

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

18 element of the intelligence community or a posi19 tion covered by subsection (b) or (c) of section 

20 106; 

21 ‘‘(C) a matter requires a report by the Inspec22 tor General to the Department of Justice on possible 

23 criminal conduct by a current or former official de24 scribed in subparagraph (B); 


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

2 the Department of Justice declining or approving 

3 prosecution of possible criminal conduct of any cur4 rent or former official described in subparagraph 

5 (B); or 

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

7 possible alternatives, is unable to obtain significant 

8 documentary information in the course of an inves9 tigation, inspection, or audit, 

10 the Inspector General shall immediately notify and submit 

11 a report on such matter to the congressional intelligence 

12 committees. 

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

14 to the congressional intelligence committees any report or 

15 findings and recommendations of an investigation, inspec16 tion, or audit conducted by the office which has been re17 quested by the Chairman or Vice Chairman or Ranking 

18 Minority Member of either committee. 

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

20 community, an employee assigned or detailed to an ele21 ment of the intelligence community, or an employee of a 

22 contractor to the intelligence community who intends to 

23 report to Congress a complaint or information with respect 

24 to an urgent concern may report such complaint or infor25 mation to the Inspector General. 


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

2 period beginning on the date of receipt from an employee 

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

4 the Inspector General shall determine whether the com5 plaint or information appears credible. Upon making such 

6 a determination, the Inspector General shall transmit to 

7 the Director a notice of that determination, together with 

8 the complaint or information. 

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

10 General under subparagraph (B), the Director shall, with11 in seven calendar days of such receipt, forward such trans12 mittal to the congressional intelligence committees, to13 gether with any comments the Director considers appro14 priate. 

15 ‘‘(D)(i) If the Inspector General does not find cred16 ible under subparagraph (B) a complaint or information 

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

18 the complaint or information to the Director in accurate 

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

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

21 Congress by contacting either or both of the congressional 

22 intelligence committees directly. 

23 ‘‘(ii) An employee may contact the intelligence com24 mittees directly as described in clause (i) only if the em25 ployee— 


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

2 the Director, through the Inspector General, a state3 ment of the employee’s complaint or information and 

4 notice of the employee’s intent to contact the con5 gressional intelligence committees directly; and 

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

7 through the Inspector General, direction on how to 

8 contact the intelligence committees in accordance 

9 with appropriate security practices. 

10 ‘‘(iii) A member or employee of one of the congres11 sional intelligence committees who receives a complaint or 

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

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

14 such committee. 

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

16 who reports a complaint or information to the Inspector 

17 General under this paragraph of each action taken under 

18 this paragraph with respect to the complaint or informa19 tion. Such notice shall be provided not later than 3 days 

20 after any such action is taken. 

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

22 General under this paragraph shall not be subject to judi23 cial review. 

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

25 means any of the following: 


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1 ‘‘(i) A serious or flagrant problem, abuse, viola2 tion of law or Executive order, or deficiency relating 

3 to the funding, administration, or operation of an in4 telligence activity involving classified information, 

5 but does not include differences of opinions con6 cerning public policy matters. 

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

8 withholding from Congress, on an issue of material 

9 fact relating to the funding, administration, or oper10 ation of an intelligence activity. 

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

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

13 States Code, constituting reprisal or threat of re14 prisal prohibited under subsection (f)(3)(B) of this 

15 section in response to an employee’s reporting an ur16 gent concern in accordance with this paragraph. 

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

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

19 section 701(b) of the Intelligence Community Whistle20 blower Protection Act of 1998 (title VII of Public Law 

21 105–272; 5 U.S.C. App. 8H note). 

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

23 United States Code, the Inspector General shall report to 

24 the Attorney General any information, allegation, or com25 plaint received by the Inspector General relating to violaVerDate Aug 31 2005 01:43 Jul 13, 2007 Jkt 059200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.RS S1538

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1 tions of Federal criminal law that involves a program or 

2 operation of an element of the intelligence community, or 

3 in the relationships between the elements of the intel4 ligence community, consistent with such guidelines as may 

5 be issued by the Attorney General pursuant to subsection 

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

7 be furnished to the Director. 

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

9 National Intelligence shall, in accordance with procedures 

10 to be issued by the Director in consultation with the con11 gressional intelligence committees, include in the National 

12 Intelligence Program budget a separate account for the 

13 Office of Inspector General of the Intelligence Community. 

14 ‘‘(k) CONSTRUCTION OF DUTIES REGARDING ELE15 MENTS OF INTELLIGENCE COMMUNITY.—Except as re16 solved pursuant to subsection (g), the performance by the 

17 Inspector General of the Intelligence Community of any 

18 duty, responsibility, or function regarding an element of 

19 the intelligence community shall not be construed to mod20 ify or effect the duties and responsibilities of any other 

21 Inspector General, whether statutory or administrative, 

22 having duties and responsibilities relating to such ele23 ment.’’. 

24 (2) CLERICAL AMENDMENT.—The table of con25 tents in the first section of the National Security 


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1 Act of 1947, as amended by section 409 of this Act, 

2 is further amended by inserting after the item relat3 ing to section 103H the following new item: 

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

4 (b) REPEAL OF SUPERSEDED AUTHORITY TO ES5 TABLISH POSITION.—Section 8K of the Inspector General 

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

7 (c) EXECUTIVE SCHEDULE LEVEL IV.—Section 

8 5314 of title 5, United States Code, is amended by adding 

9 at the end the following new item: 

10 ‘‘Inspector General of the Intelligence Commu11 nity.’’. 

12 SEC. 411. LEADERSHIP AND LOCATION OF CERTAIN OF13 FICES AND OFFICIALS. 

14 (a) NATIONAL COUNTER PROLIFERATION CEN15 TER.—Section 119A(a) of the National Security Act of 

16 1947 (50 U.S.C. 404o–1(a)) is amended— 

17 (1) by striking ‘‘(a) ESTABLISHMENT.—Not 

18 later than 18 months after the date of the enact19 ment of the National Security Intelligence Reform 

20 Act of 2004, the’’ and inserting the following: 

21 ‘‘(a) IN GENERAL.— 

22 ‘‘(1) ESTABLISHMENT.—The’’; and 

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

24 paragraphs: 


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

2 Counter Proliferation Center shall be the Director of 

3 the National Counter Proliferation Center, who shall 

4 be appointed by the Director of National Intel5 ligence. 

6 ‘‘(3) LOCATION.—The National Counter Pro7 liferation Center shall be located within the Office of 

8 the Director of National Intelligence.’’. 

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

10 U.S.C. 403–3(c)) is amended— 

11 (1) by redesignating paragraph (9) as para12 graph (13); and 

13 (2) by inserting after paragraph (8) the fol14 lowing new paragraphs: 

15 ‘‘(9) The Chief Information Officer of the Intel16 ligence Community. 

17 ‘‘(10) The Inspector General of the Intelligence 

18 Community. 

19 ‘‘(11) The Director of the National 

20 Counterterrorism Center. 

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

22 Proliferation Center.’’. 

23 SEC. 412. NATIONAL SPACE INTELLIGENCE OFFICE. 

24 (a) ESTABLISHMENT.— 


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1 (1) IN GENERAL.—Title I of the National Secu2 rity Act of 1947 (50 U.S.C. 401 et seq.) is amended 

3 by adding at the end the following new section: 

4 ‘‘NATIONAL SPACE INTELLIGENCE OFFICE

5 ‘‘SEC. 119C. (a) ESTABLISHMENT.—There is estab6 lished within the Office of the Director of National Intel7 ligence a National Space Intelligence Office. 

8 ‘‘(b) DIRECTOR OF NATIONAL SPACE INTELLIGENCE

9 OFFICE.—The National Intelligence Officer for Science 

10 and Technology, or a successor position designated by the 

11 Director of National Intelligence, shall act as the Director 

12 of the National Space Intelligence Office. 

13 ‘‘(c) MISSIONS.—The National Space Intelligence Of14 fice shall have the following missions: 

15 ‘‘(1) To coordinate and provide policy direction 

16 for the management of space-related intelligence as17 sets. 

18 ‘‘(2) To prioritize collection activities consistent 

19 with the National Intelligence Collection Priorities 

20 framework, or a successor framework or other docu21 ment designated by the Director of National Intel22 ligence. 

23 ‘‘(3) To provide policy direction for programs 

24 designed to ensure a sufficient cadre of government 

25 and nongovernment personnel in fields relating to 

26 space intelligence, including programs to support 


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1 education, recruitment, hiring, training, and reten2 tion of qualified personnel. 

3 ‘‘(4) To evaluate independent analytic assess4 ments of threats to classified United States space in5 telligence systems throughout all phases of the devel6 opment, acquisition, and operation of such systems. 

7 ‘‘(d) ACCESS TO INFORMATION.—The Director of 

8 National Intelligence shall ensure that the National Space 

9 Intelligence Office has access to all national intelligence 

10 information (as appropriate), and such other information 

11 (as appropriate and practical), necessary for the Office to 

12 carry out the missions of the Office under subsection (c). 

13 ‘‘(e) SEPARATE BUDGET ACCOUNT.—The Director of 

14 National Intelligence shall include in the National Intel15 ligence Program budget a separate line item for the Na16 tional Space Intelligence Office.’’. 

17 (2) CLERICAL AMENDMENT.—The table of con18 tents in the first section of the National Security 

19 Act of 1947 is amended by inserting after the item 

20 relating to section 119B the following new item: 

‘‘Sec. 119C. National Space Intelligence Office.’’. 

21 (b) REPORT ON ORGANIZATION OF OFFICE.— 

22 (1) REPORT REQUIRED.—Not later than 180 

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

24 Director of the National Space Intelligence Office 

25 shall submit to the Select Committee on Intelligence 


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1 of the Senate and the Permanent Select Committee 

2 on Intelligence of the House of Representatives a re3 port on the organizational structure of the National 

4 Space Intelligence Office established by section 119C 

5 of the National Security Act of 1947 (as added by 

6 subsection (a)). 

7 (2) ELEMENTS.—The report required by para8 graph (1) shall include the following: 

9 (A) The proposed organizational structure 

10 of the National Space Intelligence Office. 

11 (B) An identification of key participants in 

12 the Office. 

13 (C) A strategic plan for the Office during 

14 the five-year period beginning on the date of 

15 the report. 

16 SEC. 413. OPERATIONAL FILES IN THE OFFICE OF THE DI17 RECTOR OF NATIONAL INTELLIGENCE. 

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

19 Act of 1947 (50 U.S.C. 431 et seq.) is amended by adding 

20 at the end the following new section: 

21 ‘‘PROTECTION OF CERTAIN FILES OF THE OFFICE OF

22 THE DIRECTOR OF NATIONAL INTELLIGENCE

23 ‘‘SEC. 706. (a) RECORDS FROM EXEMPTED OPER24 ATIONAL FILES.—(1) Any record disseminated or other25 wise provided to an element of the Office of the Director 

26 of National Intelligence from the exempted operational 


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1 files of elements of the intelligence community designated 

2 in accordance with this title, and any operational files cre3 ated by the Office of the Director of National Intelligence 

4 that incorporate such record in accordance with subpara5 graph (A)(ii), shall be exempted from the provisions of 

6 section 552 of title 5, United States Code that require 

7 search, review, publication or disclosure in connection 

8 therewith, in any instance in which— 

9 ‘‘(A)(i) such record is shared within the Office 

10 of the Director of National Intelligence and not dis11 seminated by that Office beyond that Office; or 

12 ‘‘(ii) such record is incorporated into new 

13 records created by personnel of the Office of the Di14 rector of National Intelligence and maintained in 

15 operational files of the Office of the Director of Na16 tional Intelligence and such record is not dissemi17 nated by that Office beyond that Office; and 

18 ‘‘(B) the operational files from which such 

19 record has been obtained continue to remain des20 ignated as operational files exempted from section 

21 552 of title 5, United States Code. 

22 ‘‘(2) The operational files of the Office of the Direc23 tor of National Intelligence referred to in paragraph 

24 (1)(A)(ii) shall be similar in nature to the originating 


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1 operational files from which the record was disseminated 

2 or provided, as such files are defined in this title. 

3 ‘‘(3) Records disseminated or otherwise provided to 

4 the Office of the Director of National Intelligence from 

5 other elements of the intelligence community that are not 

6 protected by paragraph (1), and that are authorized to 

7 be disseminated beyond the Office of the Director of Na8 tional Intelligence, shall remain subject to search and re9 view under section 552 of title 5, United States Code, but 

10 may continue to be exempted from the publication and dis11 closure provisions of that section by the originating agency 

12 to the extent that such section permits. 

13 ‘‘(4) Notwithstanding any other provision of this title, 

14 records in the exempted operational files of the Central 

15 Intelligence Agency, the National Geospatial-Intelligence 

16 Agency, the National Reconnaissance Office, the National 

17 Security Agency, or the Defense Intelligence Agency shall 

18 not be subject to the search and review provisions of sec19 tion 552 of title 5, United States Code, solely because they 

20 have been disseminated to an element or elements of the 

21 Office of the Director of National Intelligence, or ref22 erenced in operational files of the Office of the Director 

23 of National Intelligence and that are not disseminated be24 yond the Office of the Director of National Intelligence. 


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1 ‘‘(5) Notwithstanding any other provision of this title, 

2 the incorporation of records from the operational files of 

3 the Central Intelligence Agency, the National Geospatial4 Intelligence Agency, the National Reconnaissance Office, 

5 the National Security Agency, or the Defense Intelligence 

6 Agency, into operational files of the Office of the Director 

7 of National Intelligence shall not subject that record or 

8 the operational files of the Central Intelligence Agency, 

9 the National Geospatial-Intelligence Agency, the National 

10 Reconnaissance Office, the National Security Agency or 

11 the Defense Intelligence Agency to the search and review 

12 provisions of section 552 of title 5, United States Code. 

13 ‘‘(b) OTHER RECORDS.—(1) Files in the Office of the 

14 Director of National Intelligence that are not exempted 

15 under subsection (a) of this section which contain informa16 tion derived or disseminated from exempted operational 

17 files shall be subject to search and review under section 

18 552 of title 5, United States Code. 

19 ‘‘(2) The inclusion of information from exempted 

20 operational files in files of the Office of the Director of 

21 National Intelligence that are not exempted under sub22 section (a) shall not affect the exemption of the originating 

23 operational files from search, review, publication, or dis24 closure. 


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1 ‘‘(3) Records from exempted operational files of the 

2 Office of the Director of National Intelligence which have 

3 been disseminated to and referenced in files that are not 

4 exempted under subsection (a), and which have been re5 turned to exempted operational files of the Office of the 

6 Director of National Intelligence for sole retention, shall 

7 be subject to search and review. 

8 ‘‘(c) SEARCH AND REVIEW FOR CERTAIN PUR9 POSES.—Notwithstanding subsection (a), exempted oper10 ational files shall continue to be subject to search and re11 view for information concerning any of the following: 

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

13 admitted for permanent residence who have re14 quested information on themselves pursuant to the 

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

16 States Code. 

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

18 is not exempt from disclosure under the provisions 

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

20 ‘‘(3) The specific subject matter of an investiga21 tion by any of the following for any impropriety, or 

22 violation of law, Executive order, or Presidential di23 rective, in the conduct of an intelligence activity: 

24 ‘‘(A) The Select Committee on Intelligence 

25 of the Senate. 


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1 ‘‘(B) The Permanent Select Committee on 

2 Intelligence of the House of Representatives. 

3 ‘‘(C) The Intelligence Oversight Board. 

4 ‘‘(D) The Department of Justice. 

5 ‘‘(E) The Office of the Director of Na6 tional Intelligence. 

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

8 of the Intelligence Community. 

9 ‘‘(d) DECENNIAL REVIEW OF EXEMPTED OPER10 ATIONAL FILES.—(1) Not less than once every 10 years, 

11 the Director of National Intelligence shall review the oper12 ational files exempted under subsection (a) to determine 

13 whether such files, or any portion of such files, may be 

14 removed from the category of exempted files. 

15 ‘‘(2) The review required by paragraph (1) shall in16 clude consideration of the historical value or other public 

17 interest in the subject matter of the particular category 

18 of files or portions thereof and the potential for declas19 sifying a significant part of the information contained 

20 therein. 

21 ‘‘(3) A complainant that alleges that Director of Na22 tional Intelligence has improperly withheld records be23 cause of failure to comply with this subsection may seek 

24 judicial review in the district court of the United States 

25 of the district in which any of the parties reside, or in 


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1 the District of Columbia. In such a proceeding, the court’s 

2 review shall be limited to determining the following: 

3 ‘‘(A) Whether the Director has conducted the 

4 review required by paragraph (1) before the expira5 tion of the 10-year period beginning on the date of 

6 the enactment of the Intelligence Authorization Act 

7 for Fiscal Year 2008 or before the expiration of the 

8 10-year period beginning on the date of the most re9 cent review. 

10 ‘‘(B) Whether the Director of National Intel11 ligence, in fact, considered the criteria set forth in 

12 paragraph (2) in conducting the required review. 

13 ‘‘(e) SUPERSEDURE OF OTHER LAWS.—The provi14 sions of this section may not be superseded except by a 

15 provision of law that is enacted after the date of the enact16 ment of this section and that specifically cites and repeals 

17 or modifies such provisions. 

18 ‘‘(f) APPLICABILITY.—The Director of National In19 telligence will publish a regulation listing the specific ele20 ments within the Office of the Director of National Intel21 ligence whose records can be exempted from search and 

22 review under this section. 

23 ‘‘(g) ALLEGATION; IMPROPER WITHHOLDING OF

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

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


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1 agency records under section 552 of title 5, United States 

2 Code, alleges that the Office of the Director of National 

3 Intelligence has withheld records improperly because of 

4 failure to comply with any provision of this section, judi5 cial review shall be available under the terms set forth in 

6 section 552(a)(4)(B) of title 5, United States Code. 

7 ‘‘(2) Judicial review shall not be available in the man8 ner provided for under paragraph (1) as follows: 

9 ‘‘(A) In any case in which information specifi10 cally authorized under criteria established by an Ex11 ecutive order to be kept secret in the interests of na12 tional defense or foreign relations is filed with, or 

13 produced for, the court by the Office of the Director 

14 of National Intelligence, such information shall be 

15 examined ex parte, in camera by the court. 

16 ‘‘(B) The court shall determine, to the fullest 

17 extent practicable, the issues of fact based on sworn 

18 written submissions of the parties. 

19 ‘‘(C) When a complainant alleges that re20 quested records are improperly withheld because of 

21 improper placement solely in exempted operational 

22 files, the complainant shall support such allegation 

23 with a sworn written submission based upon per24 sonal knowledge or otherwise admissible evidence. 


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1 ‘‘(D)(i) When a complainant alleges that re2 quested records were improperly withheld because of 

3 improper exemption of operational files, the Office of 

4 the Director of National Intelligence shall meet its 

5 burden under section 552(a)(4)(B) of title 5, United 

6 States Code, by demonstrating to the court by sworn 

7 written submission that exempted operational files 

8 likely to contain responsive records currently meet 

9 the criteria set forth in subsection. 

10 ‘‘(ii) The court may not order the Office of the 

11 Director of National Intelligence to review the con12 tent of any exempted operational file or files in order 

13 to make the demonstration required under clause (i), 

14 unless the complainant disputes the Office’s showing 

15 with a sworn written submission based on personal 

16 knowledge or otherwise admissible evidence. 

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

18 and (D), the parties may not obtain discovery pursu19 ant to rules 26 through 36 of the Federal Rules of 

20 Civil Procedure, except that requests for admissions 

21 may be made pursuant to rules 26 and 36. 

22 ‘‘(F) If the court finds under this subsection 

23 that the Office of the Director of National Intel24 ligence has improperly withheld requested records 

25 because of failure to comply with any provision of 


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1 this section, the court shall order the Office to 

2 search and review the appropriate exempted oper3 ational file or files for the requested records and 

4 make such records, or portions thereof, available in 

5 accordance with the provisions of section 552 of title 

6 5, United States Code, and such order shall be the 

7 exclusive remedy for failure to comply with this sec8 tion. 

9 ‘‘(G) If at any time following the filing of a 

10 complaint pursuant to this paragraph the Office of 

11 the Director of National Intelligence agrees to 

12 search the appropriate exempted operational file or 

13 files for the requested records, the court shall dis14 miss the claim based upon such complaint.’’. 

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

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

17 is amended by inserting after the item relating to section 

18 705 the following new item: 

‘‘Sec. 706. Operational files in the Office of the Director of National Intelligence.’’. 

19 SEC. 414. REPEAL OF CERTAIN AUTHORITIES RELATING TO 

20 THE OFFICE OF THE NATIONAL COUNTER-IN21 TELLIGENCE EXECUTIVE. 

22 (a) REPEAL OF CERTAIN AUTHORITIES.—Section 

23 904 of the Counterintelligence Enhancement Act of 2002 


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

2 amended— 

3 (1) by striking subsections (d), (h), (i), and (j); 

4 and 

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

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

7 and (i), respectively; and 

8 (3) in subsection (f), as redesignated by para9 graph (2), by striking paragraphs (3) and (4). 

10 (b) CONFORMING AMENDMENTS.—That section is 

11 further amended— 

12 (1) in subsection (d), as redesignated by sub13 section (a)(2) of this section, by striking ‘‘subsection 

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

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

16 (2) in subsection (e), as so redesignated— 

17 (A) in paragraph (1), by striking ‘‘sub18 section (e)(1)’’ and inserting ‘‘subsection 

19 (d)(1)’’; and 

20 (B) in paragraph (2), by striking ‘‘sub21 section (e)(2)’’ and inserting ‘‘subsection 

22 (d)(2)’’. 


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1 SEC. 415. INAPPLICABILITY OF FEDERAL ADVISORY COM2 MITTEE ACT TO ADVISORY COMMITTEES OF 

3 THE OFFICE OF THE DIRECTOR OF NATIONAL 

4 INTELLIGENCE. 

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

6 (5 U.S.C. App.) is amended— 

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

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

9 inserting ‘‘; or’’; and 

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

11 paragraph: 

12 ‘‘(3) the Office of the Director of National In13 telligence.’’. 

14 SEC. 416. MEMBERSHIP OF THE DIRECTOR OF NATIONAL 

15 INTELLIGENCE ON THE TRANSPORTATION 

16 SECURITY OVERSIGHT BOARD. 

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

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

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

20 or the Director’s designee.’’. 

21 SEC. 417. APPLICABILITY OF THE PRIVACY ACT TO THE DI22 RECTOR OF NATIONAL INTELLIGENCE AND 

23 THE OFFICE OF THE DIRECTOR OF NATIONAL 

24 INTELLIGENCE. 

25 Subsection (j) of section 552a of title 5, United 

26 States Code, is amended— 


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

2 end; 

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

5 (3) by inserting after paragraph (1) the fol6 lowing new paragraph: 

7 ‘‘(2) maintained by the Office of the Director of 

8 National Intelligence; or’’. 

9 Subtitle B—Central Intelligence 

10 Agency 

11 SEC. 421. DIRECTOR AND DEPUTY DIRECTOR OF THE CEN12 TRAL INTELLIGENCE AGENCY. 

13 (a) ESTABLISHMENT OF POSITION OF DEPUTY DI14 RECTOR OF CENTRAL INTELLIGENCE AGENCY.—Sub15 section (a) of section 104A of the National Security Act 

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

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

18 (e), (f), and (g) as subsections (d), (e), (f), (g), (h), 

19 and (i) respectively; and 

20 (2) by inserting after subsection (a) the fol21 lowing new subsections (b) and (c): 

22 ‘‘(b) DEPUTY DIRECTOR OF CENTRAL INTEL23 LIGENCE AGENCY.—(1) There is a Deputy Director of the 

24 Central Intelligence Agency who shall be appointed by the 


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1 President, by and with the advice and consent of the Sen2 ate. 

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

4 Agency shall assist the Director of the Central Intelligence 

5 Agency in carrying out the duties and responsibilities of 

6 the Director. 

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

8 Agency shall act for, and exercise the powers of, the Direc9 tor of the Central Intelligence Agency during the absence 

10 or disability of the Director of the Central Intelligence 

11 Agency or during a vacancy in the position of Director 

12 of the Central Intelligence Agency. 

13 ‘‘(c) MILITARY STATUS OF DIRECTOR OF THE CEN14 TRAL INTELLIGENCE AGENCY AND DEPUTY DIRECTOR OF

15 CENTRAL INTELLIGENCE AGENCY.—(1) Not more than 

16 one of the individuals serving in the positions specified in 

17 subsection (a) and (b) may be a commissioned officer of 

18 the Armed Forces in active status. 

19 ‘‘(2) A commissioned officer of the Armed Forces who 

20 is serving as the Director or Deputy Director of the Cen21 tral Intelligence Agency or is engaged in administrative 

22 performance of the duties of Director or Deputy Director 

23 of the Central Intelligence Agency shall not, while con24 tinuing in such service, or in the administrative perform25 ance of such duties— 


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1 ‘‘(A) be subject to supervision or control by the 

2 Secretary of Defense or by any officer or employee 

3 of the Department of Defense; or 

4 ‘‘(B) exercise, by reason of the officer’s status 

5 as a commissioned officer, any supervision or control 

6 with respect to any of the military or civilian per7 sonnel of the Department of Defense except as oth8 erwise authorized by law. 

9 ‘‘(3) Except as provided in subparagraph (A) or (B) 

10 of paragraph (2), the service, or the administrative per11 formance of duties, described in that paragraph by an offi12 cer described in that paragraph shall not affect the status, 

13 position, rank, or grade of such officer in the Armed 

14 Forces, or any emolument, perquisite, right, privilege, or 

15 benefit incident to or arising out of such status, position, 

16 rank, or grade. 

17 ‘‘(4) A commissioned officer described in paragraph 

18 (2), while serving, or continuing in the administrative per19 formance of duties, as described in that paragraph and 

20 while remaining on active duty, shall continue to receive 

21 military pay and allowances. Funds from which such pay 

22 and allowances are paid shall be reimbursed from funds 

23 available to the Director of the Central Intelligence Agen24 cy.’’. 


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1 (b) CONFORMING AMENDMENT.—Paragraph (2) of 

2 subsection (e) of such section, as redesignated by sub3 section (a)(1) of this section, is further amended by strik4 ing ‘‘subsection (d)’’ and inserting ‘‘subsection (f)’’. 

5 (c) EXECUTIVE SCHEDULE LEVEL III.—Section 

6 5314 of title 5, United States Code, is amended by adding 

7 at the end the following new item: 

8 ‘‘Deputy Director of the Central Intelligence 

9 Agency.’’. 

10 (d) ROLE OF DNI IN APPOINTMENT.—Section 

11 106(b)(2) of the National Security Act of 1947 (50 U.S.C. 

12 403–6(b)(2)) is amended by adding at the end the fol13 lowing new subparagraph: 

14 ‘‘(J) The Deputy Director of the Central Intel15 ligence Agency.’’. 

16 (e) EFFECTIVE DATE AND APPLICABILITY.—The 

17 amendments made by this section shall take effect on the 

18 date of the enactment of this Act and shall apply upon 

19 the earlier of— 

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

21 of an individual to serve as Deputy Director of the 

22 Central Intelligence Agency, except that the indi23 vidual administratively performing the duties of the 

24 Deputy Director of the Central Intelligence Agency 

25 as of the date of the enactment of this Act may conVerDate Aug 31 2005 01:43 Jul 13, 2007 Jkt 059200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.RS S1538

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1 tinue to perform such duties after such date of nom2 ination and until the individual appointed to the po3 sition of Deputy Director of the Central Intelligence 

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

5 Senate, assumes the duties of such position; or 

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

7 of the duties of Deputy Director of the Central In8 telligence Agency by the individual administratively 

9 performing such duties as of the date of the enact10 ment of this Act. 

11 SEC. 422. INAPPLICABILITY TO DIRECTOR OF THE CEN12 TRAL INTELLIGENCE AGENCY OF REQUIRE13 MENT FOR ANNUAL REPORT ON PROGRESS 

14 IN AUDITABLE FINANCIAL STATEMENTS. 

15 Section 114A of the National Security Act of 1947 

16 (50 U.S.C. 404i–1) is amended by striking ‘‘the Director 

17 of the Central Intelligence Agency,’’. 

18 SEC. 423. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR 

19 PROTECTIVE PERSONNEL OF THE CENTRAL 

20 INTELLIGENCE AGENCY. 

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

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

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

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


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

2 inserting ‘‘the protection’’; and 

3 (B) by striking the semicolon and inserting 

4 ‘‘, and the protection of the Director of Na5 tional Intelligence and such personnel of the Of6 fice of the Director of National Intelligence as 

7 the Director of National Intelligence may des8 ignate; and’’; and 

9 (3) by adding at the end the following new sub10 paragraph: 

11 ‘‘(B) Authorize personnel engaged in the per12 formance of protective functions authorized pursuant 

13 to subparagraph (A), when engaged in the perform14 ance of such functions, to make arrests without war15 rant for any offense against the United States com16 mitted in the presence of such personnel, or for any 

17 felony cognizable under the laws of the United 

18 States, if such personnel have reasonable grounds to 

19 believe that the person to be arrested has committed 

20 or is committing such felony, except that any au21 thority pursuant to this subparagraph may be exer22 cised only in accordance with guidelines approved by 

23 the Director and the Attorney General and such per24 sonnel may not exercise any authority for the service 


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1 of civil process or for the investigation of criminal 

2 offenses;’’. 

3 SEC. 424. TECHNICAL AMENDMENTS RELATING TO TITLES 

4 OF CERTAIN CENTRAL INTELLIGENCE AGEN5 CY POSITIONS. 

6 Section 17(d)(3)(B)(ii) of the Central Intelligence 

7 Agency Act of 1949 (50 U.S.C. 403q(d)(3)(B)(ii)) is 

8 amended— 

9 (1) in subclause (I), by striking ‘‘Executive Di10 rector’’ and inserting ‘‘Associate Deputy Director’’; 

11 (2) in subclause (II), by striking ‘‘Deputy Di12 rector for Operations’’ and inserting ‘‘Director of 

13 the National Clandestine Service’’; and 

14 (3) in subclause (IV), by striking ‘‘Deputy Di15 rector for Administration’’ and inserting ‘‘Director 

16 for Support’’. 

17 SEC. 425. AVAILABILITY OF THE EXECUTIVE SUMMARY OF 

18 THE REPORT ON CENTRAL INTELLIGENCE 

19 AGENCY ACCOUNTABILITY REGARDING THE 

20 TERRORIST ATTACKS OF SEPTEMBER 11, 

21 2001. 

22 (a) PUBLIC AVAILABILITY.—Not later than Sep23 tember 1, 2007, the Director of the Central Intelligence 

24 Agency shall prepare and make available to the public a 

25 version of the Executive Summary of the report entitled 


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1 the ‘‘Office of Inspector General Report on Central Intel2 ligence Agency Accountability Regarding Findings and 

3 Conclusions of the Joint Inquiry into Intelligence Commu4 nity Activities Before and After the Terrorist Attacks of 

5 September 11, 2001’’ issued in June 2005 that is declas6 sified to the maximum extent possible, consistent with na7 tional security. 

8 (b) REPORT TO CONGRESS.—The Director of the 

9 Central Intelligence Agency shall submit to Congress a 

10 classified annex to the redacted Executive Summary made 

11 available under subsection (a) that explains the reason 

12 that any redacted material in the Executive Summary was 

13 withheld from the public. 

14 SEC. 426. DIRECTOR OF NATIONAL INTELLIGENCE REPORT 

15 ON RETIREMENT BENEFITS FOR FORMER EM16 PLOYEES OF AIR AMERICA. 

17 (a) IN GENERAL.—Not later than 120 days after the 

18 date of the enactment of this Act, the Director of National 

19 Intelligence shall submit to Congress a report on the ad20 visability of providing Federal retirement benefits to 

21 United States citizens for the service of such individuals 

22 before 1977 as employees of Air America or an associated 

23 company while such company was owned or controlled by 

24 the United States Government and operated or managed 

25 by the Central Intelligence Agency. 


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1 (b) REPORT ELEMENTS.—(1) The report required by 

2 subsection (a) shall include the following: 

3 (A) The history of Air America and associated 

4 companies before 1977, including a description of— 

5 (i) the relationship between such compa6 nies and the Central Intelligence Agency and 

7 other elements of the United States Govern8 ment; 

9 (ii) the workforce of such companies; 

10 (iii) the missions performed by such com11 panies and their employees for the United 

12 States; and 

13 (iv) the casualties suffered by employees of 

14 such companies in the course of their employ15 ment with such companies. 

16 (B) A description of the retirement benefits 

17 contracted for or promised to the employees of such 

18 companies before 1977, the contributions made by 

19 such employees for such benefits, the retirement 

20 benefits actually paid such employees, the entitle21 ment of such employees to the payment of future re22 tirement benefits, and the likelihood that former em23 ployees of such companies will receive any future re24 tirement benefits. 

25 (C) An assessment of the difference between— 


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1 (i) the retirement benefits that former em2 ployees of such companies have received or will 

3 receive by virtue of their employment with such 

4 companies; and 

5 (ii) the retirement benefits that such em6 ployees would have received and in the future 

7 receive if such employees had been, or would 

8 now be, treated as employees of the United 

9 States whose services while in the employ of 

10 such companies had been or would now be cred11 ited as Federal service for the purpose of Fed12 eral retirement benefits. 

13 (D) Any recommendations regarding the advis14 ability of legislative action to treat employment at 

15 such companies as Federal service for the purpose of 

16 Federal retirement benefits in light of the relation17 ship between such companies and the United States 

18 Government and the services and sacrifices of such 

19 employees to and for the United States, and if legis20 lative action is considered advisable, a proposal for 

21 such action and an assessment of its costs. 

22 (2) The Director of National Intelligence shall in23 clude in the report any views of the Director of the Central 

24 Intelligence Agency on the matters covered by the report 


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1 that the Director of the Central Intelligence Agency con2 siders appropriate. 

3 (c) ASSISTANCE OF COMPTROLLER GENERAL.—The 

4 Comptroller General of the United States shall, upon the 

5 request of the Director of National Intelligence and in a 

6 manner consistent with the protection of classified infor7 mation, assist the Director in the preparation of the report 

8 required by subsection (a). 

9 (d) FORM.—The report required by subsection (a) 

10 shall be submitted in unclassified form, but may include 

11 a classified annex. 

12 (e) DEFINITIONS.—In this section: 

13 (1) The term ‘‘Air America’’ means Air Amer14 ica, Incorporated. 

15 (2) The term ‘‘associated company’’ means any 

16 company associated with or subsidiary to Air Amer17 ica, including Air Asia Company Limited and the 

18 Pacific Division of Southern Air Transport, Incor19 porated. 

20 Subtitle C—Defense Intelligence 

21 Components 

22 SEC. 431. ENHANCEMENTS OF NATIONAL SECURITY AGEN23 CY TRAINING PROGRAM. 

24 (a) TERMINATION OF EMPLOYEES.—Subsection 

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


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

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

3 ‘‘terminated— 

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

5 the employee; 

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

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

8 employee to maintain such level of academic 

9 standing in the educational course of training 

10 as the Director of the National Security Agency 

11 shall have specified in the agreement of the em12 ployee under this subsection; and’’. 

13 (b) AUTHORITY TO WITHHOLD DISCLOSURE OF AF14 FILIATION WITH NSA.—Subsection (e) of such section is 

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

16 follows through ‘‘(2) Agency efforts’’ and inserting ‘‘Agen17 cy efforts’’. 

18 SEC. 432. CODIFICATION OF AUTHORITIES OF NATIONAL 

19 SECURITY AGENCY PROTECTIVE PER20 SONNEL. 

21 The National Security Agency Act of 1959 (50 

22 U.S.C. 402 note) is amended by adding at the end the 

23 following new section: 

24 ‘‘SEC. 21. (a) The Director is authorized to designate 

25 personnel of the Agency to perform protective functions 


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1 for the Director and for any personnel of the Agency des2 ignated by the Director. 

3 ‘‘(b)(1) In the performance of protective functions 

4 under this section, personnel of the Agency designated to 

5 perform protective functions pursuant to subsection (a) 

6 are authorized, when engaged in the performance of such 

7 functions, to make arrests without a warrant for— 

8 ‘‘(A) any offense against the United States 

9 committed in the presence of such personnel; or 

10 ‘‘(B) any felony cognizable under the laws of 

11 the United States if such personnel have reasonable 

12 grounds to believe that the person to be arrested has 

13 committed or is committing such felony. 

14 ‘‘(2) The authority in paragraph (1) may be exercised 

15 only in accordance with guidelines approved by the Direc16 tor and the Attorney General. 

17 ‘‘(3) Personnel of the Agency designated to perform 

18 protective functions pursuant to subsection (a) shall not 

19 exercise any authority for the service of civil process or 

20 the investigation of criminal offenses. 

21 ‘‘(c) Nothing in this section shall be construed to im22 pair or otherwise affect any authority under any other pro23 vision of law relating to the performance of protective 

24 functions.’’. 


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1 SEC. 433. INSPECTOR GENERAL MATTERS. 

2 (a) COVERAGE UNDER INSPECTOR GENERAL ACT OF

3 1978.—Subsection (a)(2) of section 8G of the Inspector 

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

5 (1) by inserting ‘‘the Defense Intelligence Agen6 cy,’’ after ‘‘the Corporation for Public Broad7 casting,’’; 

8 (2) by inserting ‘‘the National Geospatial-Intel9 ligence Agency,’’ after ‘‘the National Endowment for 

10 the Arts,’’; and 

11 (3) by inserting ‘‘the National Reconnaissance 

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

13 National Labor Relations Board,’’. 

14 (b) CERTAIN DESIGNATIONS UNDER INSPECTOR

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

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

17 is amended by adding at the end the following new para18 graph: 

19 ‘‘(3) The Inspectors General of the Defense Intel20 ligence Agency, the National Geospatial-Intelligence Agen21 cy, the National Reconnaissance Office, and the National 

22 Security Agency shall be designees of the Inspector Gen23 eral of the Department of Defense for purposes of this 

24 section.’’. 

25 (c) POWER OF HEADS OF ELEMENTS OVER INVES26 TIGATIONS.—Subsection (d) of section 8G of that Act— 


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1 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; 

2 (2) in the second sentence of paragraph (1), as 

3 designated by paragraph (1) of this subsection, by 

4 striking ‘‘The head’’ and inserting ‘‘Except as pro5 vided in paragraph (2), the head’’; and 

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

7 paragraph: 

8 ‘‘(2)(A) The Director of National Intelligence or the 

9 Secretary of Defense may prohibit the Inspector General 

10 of an element of the intelligence community specified in 

11 subparagraph (D) from initiating, carrying out, or com12 pleting any audit or investigation if the Director or the 

13 Secretary, as the case may be, determines that the prohibi14 tion is necessary to protect vital national security interests 

15 of the United States. 

16 ‘‘(B) If the Director or the Secretary exercises the 

17 authority under subparagraph (A), the Director or the 

18 Secretary, as the case may be, shall submit to the commit19 tees of Congress specified in subparagraph (E) an appro20 priately classified statement of the reasons for the exercise 

21 of the authority not later than seven days after the exer22 cise of the authority. 

23 ‘‘(C) At the same time the Director or the Secretary 

24 submits under subparagraph (B) a statement on the exer25 cise of the authority in subparagraph (A) to the commitVerDate Aug 31 2005 01:43 Jul 13, 2007 Jkt 059200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.RS S1538

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1 tees of Congress specified in subparagraph (E), the Direc2 tor or the Secretary, as the case may be, shall notify the 

3 Inspector General of such element of the submittal of such 

4 statement and, to the extent consistent with the protection 

5 of intelligence sources and methods, provide the Inspector 

6 General with a copy of such statement. The Inspector 

7 General may submit to such committees of Congress any 

8 comments on a notice or statement received by the Inspec9 tor General under this subparagraph that the Inspector 

10 General considers appropriate. 

11 ‘‘(D) The elements of the intelligence community 

12 specified in this subparagraph are as follows: 

13 ‘‘(i) The Defense Intelligence Agency. 

14 ‘‘(ii) The National Geospatial-Intelligence Agen15 cy. 

16 ‘‘(iii) The National Reconnaissance Office. 

17 ‘‘(iv) The National Security Agency. 

18 ‘‘(E) The committees of Congress specified in this 

19 subparagraph are— 

20 ‘‘(i) the Committee on Armed Services and the 

21 Select Committee on Intelligence of the Senate; and 

22 ‘‘(ii) the Committee on Armed Services and the 

23 Permanent Select Committee on Intelligence of the 

24 House of Representatives.’’. 


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1 SEC. 434. CONFIRMATION OF APPOINTMENT OF HEADS OF 

2 CERTAIN COMPONENTS OF THE INTEL3 LIGENCE COMMUNITY. 

4 (a) DIRECTOR OF NATIONAL SECURITY AGENCY.— 

5 The National Security Agency Act of 1959 (50 U.S.C. 402 

6 note) is amended by inserting after the first section the 

7 following new section: 

8 ‘‘SEC. 2. (a) There is a Director of the National Secu9 rity Agency. 

10 ‘‘(b) The Director of the National Security Agency 

11 shall be appointed by the President, by and with the advice 

12 and consent of the Senate. 

13 ‘‘(c) The Director of the National Security Agency 

14 shall be the head of the National Security Agency and 

15 shall discharge such functions and duties as are provided 

16 by this Act or otherwise by law.’’. 

17 (b) DIRECTOR OF NATIONAL GEOSPATIAL-INTEL18 LIGENCE AGENCY.—Section 441(b) of title 10, United 

19 States Code, is amended— 

20 (1) by redesignating paragraphs (2) and (3) as 

21 paragraphs (3) and (4), respectively; and 

22 (2) by inserting after paragraph (1) the fol23 lowing new paragraph (2): 

24 ‘‘(2) The Director of the National Geospatial Intel25 ligence Agency shall be appointed by the President, by and 

26 with the advice and consent of the Senate.’’. 


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1 (c) DIRECTOR OF NATIONAL RECONNAISSANCE OF2 FICE.—The Director of the National Reconnaissance Of3 fice shall be appointed by the President, by and with the 

4 advice and consent of the Senate. 

5 (d) POSITIONS OF IMPORTANCE AND RESPONSI6 BILITY.— 

7 (1) DESIGNATION OF POSITIONS.—The Presi8 dent may designate any of the positions referred to 

9 in paragraph (2) as positions of importance and re10 sponsibility under section 601 of title 10, United 

11 States Code. 

12 (2) COVERED POSITIONS.—The positions re13 ferred to in this paragraph are as follows: 

14 (A) The Director of the National Security 

15 Agency. 

16 (B) The Director of the National 

17 Geospatial-Intelligence Agency. 

18 (C) The Director of the National Recon19 naissance Office. 

20 (e) EFFECTIVE DATE AND APPLICABILITY.— 

21 (1) IN GENERAL.—The amendments made by 

22 subsections (a) and (b), and subsection (c), shall 

23 take effect on the date of the enactment of this Act 

24 and shall apply upon the earlier of— 


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1 (A) the date of the nomination by the 

2 President of an individual to serve in the posi3 tion concerned, except that the individual serv4 ing in such position as of the date of the enact5 ment of this Act may continue to perform such 

6 duties after such date of nomination and until 

7 the individual appointed to such position, by 

8 and with the advice and consent of the Senate, 

9 assumes the duties of such position; or 

10 (B) the date of the cessation of the per11 formance of the duties of such position by the 

12 individual performing such duties as of the date 

13 of the enactment of this Act. 

14 (2) POSITIONS OF IMPORTANCE AND RESPONSI15 BILITY.—Subsection (d) shall take effect on the date 

16 of the enactment of this Act. 

17 SEC. 435. CLARIFICATION OF NATIONAL SECURITY MIS18 SIONS OF NATIONAL GEOSPATIAL-INTEL19 LIGENCE AGENCY FOR ANALYSIS AND DIS20 SEMINATION OF CERTAIN INTELLIGENCE IN21 FORMATION. 

22 Section 442(a) of title 10, United States Code, is 

23 amended— 

24 (1) by redesignating paragraph (2) as para25 graph (3); 


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1 (2) by inserting after paragraph (1) the fol2 lowing new paragraph (2): 

3 ‘‘(2)(A) As directed by the Director of National Intel4 ligence, the National Geospatial-Intelligence Agency shall 

5 also develop a system to facilitate the analysis, dissemina6 tion, and incorporation of likenesses, videos, and presen7 tations produced by ground-based platforms, including 

8 handheld or clandestine photography taken by or on behalf 

9 of human intelligence collection organizations or available 

10 as open-source information, into the National System for 

11 Geospatial Intelligence. 

12 ‘‘(B) The authority provided by this paragraph does 

13 not include the authority to manage or direct the tasking 

14 of, set requirements and priorities for, set technical re15 quirements related to, or modify any classification or dis16 semination limitations related to the collection of, 

17 handheld or clandestine photography taken by or on behalf 

18 of human intelligence collection organizations.’’; and 

19 (3) in paragraph (3), as so redesignated, by 

20 striking ‘‘paragraph (1)’’ and inserting ‘‘paragraphs 

21 (1) and (2)’’. 

22 SEC. 436. SECURITY CLEARANCES IN THE NATIONAL 

23 GEOSPATIAL-INTELLIGENCE AGENCY. 

24 The Secretary of Defense shall, during the period be25 ginning on the date of the enactment of this Act and endVerDate Aug 31 2005 01:43 Jul 13, 2007 Jkt 059200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.RS S1538

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1 ing on December 31, 2008, delegate to the Director of 

2 the National Geospatial-Intelligence Agency personnel se3 curity authority with respect to the National Geospatial4 Intelligence Agency (including authority relating to the 

5 use of contractor personnel in investigations and adjudica6 tions for security clearances) that is identical to the per7 sonnel security authority of the Director of the National 

8 Security Agency with respect to the National Security 

9 Agency. 

10 Subtitle D—Other Elements 

11 SEC. 441. CLARIFICATION OF INCLUSION OF COAST GUARD 

12 AND DRUG ENFORCEMENT ADMINISTRATION 

13 AS ELEMENTS OF THE INTELLIGENCE COM14 MUNITY. 

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

16 U.S.C. 401a(4)) is amended— 

17 (1) in subparagraph (H)— 

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

19 ‘‘the Marine Corps,’’; and 

20 (B) by inserting ‘‘the Drug Enforcement 

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

22 Investigation,’’; and 

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


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1 SEC. 442. CLARIFYING AMENDMENTS RELATING TO SEC2 TION 105 OF THE INTELLIGENCE AUTHORIZA3 TION ACT FOR FISCAL YEAR 2004. 

4 Section 105(b) of the Intelligence Authorization Act 

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

6 2603; 31 U.S.C. 311 note) is amended— 

7 (1) by striking ‘‘Director of Central Intel8 ligence’’ and inserting ‘‘Director of National Intel9 ligence’’; and 

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

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

12 TITLE V—OTHER MATTERS 

13 SEC. 501. TECHNICAL AMENDMENTS TO THE NATIONAL SE14 CURITY ACT OF 1947. 

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

16 et seq.) is amended as follows: 

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

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

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

20 (B) in subsection (d)— 

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

23 subparagraph (A) and inserting ‘‘para24 graph (1)(A)’’; 


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

2 ‘‘or personnel’’ in the matter preceding 

3 clause (i); and 

4 (iii) in paragraph (5)(B), by striking 

5 ‘‘or agency involved’’ in the second sen6 tence and inserting ‘‘involved or the Direc7 tor of the Central Intelligence Agency (in 

8 the case of the Central Intelligence Agen9 cy)’’; 

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

11 ‘‘section’’ and inserting ‘‘paragraph’’; and 

12 (D) in subsection (n), by inserting ‘‘AND

13 OTHER’’ after ‘‘ACQUISITION’’. 

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

15 404o(c)(2)(B)), by striking ‘‘subsection (h)’’ and in16 serting ‘‘subsection (i)’’. 

17 (3) In section 705(e)(2)(D)(i) (50 U.S.C. 

18 432c(e)(2)(D)(i)), by striking ‘‘responsible’’ and in19 serting ‘‘responsive’’. 

20 SEC. 502. TECHNICAL CLARIFICATION OF CERTAIN REF21 ERENCES TO JOINT MILITARY INTELLIGENCE 

22 PROGRAM AND TACTICAL INTELLIGENCE 

23 AND RELATED ACTIVITIES. 

24 Section 102A of the National Security Act of 1947 

25 (50 U.S.C. 403–1) is amended— 


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

2 budgets for the Joint Military Intelligence Program 

3 and for Tactical Intelligence and Related Activities’’ 

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

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

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

10 or programs’’. 

11 SEC. 503. TECHNICAL AMENDMENTS TO THE INTEL12 LIGENCE REFORM AND TERRORISM PREVEN13 TION ACT OF 2004. 

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

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

17 108–458) is further amended as follows: 

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

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

20 second place it appears and inserting ‘‘Department 

21 of Justice’’. 

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

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

24 ‘‘National Intelligence Director’’ and inserting 

25 ‘‘Director of National Intelligence’’; and 


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

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

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

6 after ‘‘INTELLIGENCE’’. 

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

9 Intelligence Reform and Terrorism Prevention Act of 

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

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

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

13 before ‘‘an institutional culture’’; 

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

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

17 Director of National Intelligence in a manner 

18 consistent with applicable law’’; and 

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

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

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

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

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


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

3 SEC. 504. TECHNICAL AMENDMENTS TO TITLE 10, UNITED 

4 STATES CODE, ARISING FROM ENACTMENT 

5 OF THE INTELLIGENCE REFORM AND TER6 RORISM PREVENTION ACT OF 2004. 

7 (a) REFERENCES TO HEAD OF INTELLIGENCE COM8 MUNITY.—Title 10, United States Code, is amended by 

9 striking ‘‘Director of Central Intelligence’’ each place it 

10 appears in a provision as follows and inserting ‘‘Director 

11 of National Intelligence’’: 

12 (1) Section 193(d)(2). 

13 (2) Section 193(e). 

14 (3) Section 201(a). 

15 (4) Section 201(b)(1). 

16 (5) Section 201(c)(1). 

17 (6) Section 425(a). 

18 (7) Section 431(b)(1). 

19 (8) Section 441(c). 

20 (9) Section 441(d). 

21 (10) Section 443(d). 

22 (11) Section 2273(b)(1). 

23 (12) Section 2723(a). 

24 (b) CLERICAL AMENDMENTS.—Such title is further 

25 amended by striking ‘‘DIRECTOR OF CENTRAL INTELVerDate Aug 31 2005 01:43 Jul 13, 2007 Jkt 059200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.RS S1538

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1 LIGENCE’’ each place it appears in a provision as follows 

2 and inserting ‘‘DIRECTOR OF NATIONAL INTELLIGENCE’’: 

3 (1) Section 441(c). 

4 (2) Section 443(d). 

5 (c) REFERENCE TO HEAD OF CENTRAL INTEL6 LIGENCE AGENCY.—Section 444 of such title is amended 

7 by striking ‘‘Director of Central Intelligence’’ each place 

8 it appears and inserting ‘‘Director of the Central Intel9 ligence Agency’’. 

10 SEC. 505. TECHNICAL AMENDMENT TO THE CENTRAL IN11 TELLIGENCE AGENCY ACT OF 1949. 

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

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

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

15 102(a), subsections (c)(7) and (d) of section 103, sub16 sections (a) and (g) of section 104, and section 303 of 

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

18 (3), 403–3(c)(7), (d), 403–4(a), (g), and 405)’’ and insert19 ing ‘‘authorized under section 104A of the National Secu20 rity Act of 1947 (50 U.S.C. 403–4a).’’. 


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1 SEC. 506. TECHNICAL AMENDMENTS RELATING TO THE 

2 MULTIYEAR NATIONAL INTELLIGENCE PRO3 GRAM. 

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

5 the National Defense Authorization Act for Fiscal Year 

6 1991 (50 U.S.C. 404b) is amended— 

7 (1) in the subsection caption, by striking ‘‘FOR8 EIGN’’; and 

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

10 (b) RESPONSIBILITY OF DNI.—That section is fur11 ther amended— 

12 (1) in subsections (a) and (c), by striking ‘‘Di13 rector of Central Intelligence’’ and inserting ‘‘Direc14 tor of National Intelligence’’; and 

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

16 Intelligence’’ after ‘‘Director’’. 

17 (c) CONFORMING AMENDMENT.—The heading of 

18 that section is amended to read as follows: 

19 ‘‘SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PRO20 GRAM.’’. 

21 SEC. 507. TECHNICAL AMENDMENTS TO THE EXECUTIVE 

22 SCHEDULE. 

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

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

25 item relating to the Director of Central Intelligence and 

26 inserting the following new item: 


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1 ‘‘Director of the Central Intelligence Agency.’’. 

2 (b) EXECUTIVE SCHEDULE LEVEL III.—Section 

3 5314 of title 5, United States Code, is amended by strik4 ing the item relating to the Deputy Directors of Central 

5 Intelligence. 

6 (c) EXECUTIVE SCHEDULE LEVEL IV.—Section 

7 5315 of title 5, United States Code, is amended by strik8 ing the item relating to the General Counsel of the Office 

9 of the National Intelligence Director and inserting the fol10 lowing new item: 

11 ‘‘General Counsel of the Office of the Director 

12 of National Intelligence.’’. 

13 SEC. 508. TECHNICAL AMENDMENTS RELATING TO REDES14 IGNATION OF THE NATIONAL IMAGERY AND 

15 MAPPING AGENCY AS THE NATIONAL 

16 GEOSPATIAL-INTELLIGENCE AGENCY. 

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

18 United States Code, is amended by striking ‘‘National Im19 agery and Mapping Agency’’ each place it appears in a 

20 provision as follows and inserting ‘‘National Geospatial21 Intelligence Agency’’: 

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

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

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

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


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

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

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

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

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

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

7 Director of the National Imagery and Mapping Agency’’ 

8 and inserting ‘‘National Geospatial-Intelligence Agency, 

9 the Director of the National Geospatial-Intelligence Agen10 cy’’. 

11 (b) TITLE 44, UNITED STATES CODE.—(1)(A) Sec12 tion 1336 of title 44, United States Code, is amended by 

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

14 places it appears and inserting ‘‘National Geospatial-Intel15 ligence Agency’’. 

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

17 as follows: 

18 ‘‘§ 1336. National Geospatial-Intelligence Agency: spe19 cial publications’’. 

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

21 13 of such title is amended by striking the item relating 

22 to section 1336 and inserting the following new item: 

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

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

24 201(f)(2)(E) of the Homeland Security Act of 2002 (6 

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


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

2 Geospatial-Intelligence Agency’’. 

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

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

5 amended by striking ‘‘National Imagery and Mapping 

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

7 Geospatial-Intelligence Agency’’. 

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

9 105(a)(1) of the Ethics in Government Act of 1978 (5 

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

11 and Mapping Agency’’ and inserting ‘‘National 

12 Geospatial-Intelligence Agency’’. 

13 (f) OTHER ACTS.— 

14 (1) Section 7(b)(2)(A)(i) of the Employee Poly15 graph Protection Act of 1988 (29 U.S.C. 

16 2006(b)(2)(A)(i)) is amended by striking ‘‘National 

17 Imagery and Mapping Agency’’ and inserting ‘‘Na18 tional Geospatial-Intelligence Agency’’. 

19 (2) Section 207(a)(2)(B) of the Legislative 

20 Branch Appropriations Act, 1993 (44 U.S.C. 501 

21 note) is amended by striking ‘‘National Imagery and 

22 Mapping Agency’’ and inserting ‘‘National 

23 Geospatial-Intelligence Agency’’. 


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1 SEC. 509. OTHER TECHNICAL AMENDMENTS RELATING TO 

2 RESPONSIBILITY OF THE DIRECTOR OF NA3 TIONAL INTELLIGENCE AS HEAD OF THE IN4 TELLIGENCE COMMUNITY. 

5 (a) IN GENERAL.— 

6 (1) The Public Interest Declassification Act of 

7 2000 (50 U.S.C. 435 note) is amended by striking 

8 ‘‘Director of Central Intelligence’’ each place it ap9 pears in a provision as follows and inserting ‘‘Direc10 tor of National Intelligence’’: 

11 (A) Section 704(c)(2)(B). 

12 (B) Section 706(b)(2). 

13 (C) Section 706(e)(2)(B). 

14 (2) Section 705(c) of such Act is amended by 

15 striking ‘‘the Director of Central Intelligence, as 

16 head of the intelligence community,’’ and inserting 

17 ‘‘the Director of National Intelligence’’. 

18 (b) CONFORMING AMENDMENT.—The heading of sec19 tion 705(c) of such Act is amended by striking ‘‘DIREC20 TOR OF CENTRAL INTELLIGENCE’’ and inserting ‘‘DIREC21 TOR OF NATIONAL INTELLIGENCE’’. 


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Calendar No. 222 

110TH CONGRESS 

1ST SESSION S. 1538 

[Report No. 110

–75] 

[Report No. 110

–92] 

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 

JUNE 26, 2007 

Reported with amendments 


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