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to subparagraph (A), when engaged in the perform-
ance of such functions, to make arrests without war-
rant for any offense against the United States com-
mitted in the presence of such personnel, or for any
felony cognizable under the laws of the United States,
if such personnel have reasonable grounds to believe
that the person to be arrested has committed or is
committing such felony, except that any authority
pursuant to this subparagraph may be exercised only
in accordance with guidelines approved by the Direc-
tor and the Attorney General and such personnel may
not exercise any authority for the service of civil proc-
ess or for the investigation of criminal offenses;’’.
SEC. 424. TECHNICAL AMENDMENTS RELATING TO TITLES
OF CERTAIN CENTRAL INTELLIGENCE AGEN-
CY POSITIONS.
Section 17(d)(3)(B)(ii) of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403q(d)(3)(B)(ii)) is
amended—
(1) in subclause (I), by striking ‘‘Executive Di-
rector’’ and inserting ‘‘Associate Deputy Director’’;
(2) in subclause (II), by striking ‘‘Deputy Direc-
tor for Operations’’ and inserting ‘‘Director of the
National Clandestine Service’’; and
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(3) in subclause (IV), by striking ‘‘Deputy Direc-
tor for Administration’’ and inserting ‘‘Director for
Support’’.
SEC. 425. DIRECTOR OF NATIONAL INTELLIGENCE REPORT
ON RETIREMENT BENEFITS FOR FORMER EM-
PLOYEES OF AIR AMERICA.
(a) IN GENERAL.—Not later than 120 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to Congress a report on the advis-
ability of providing Federal retirement benefits to United
States citizens for the service of such individuals before 1977
as employees of Air America or an associated company
while such company was owned or controlled by the United
States Government and operated or managed by the Central
Intelligence Agency.
(b) REPORT ELEMENTS.—(1) The report required by
subsection (a) shall include the following:
(A) The history of Air America and associated
companies before 1977, including a description of—
(i) the relationship between such companies
and the Central Intelligence Agency and other
elements of the United States Government;
(ii) the workforce of such companies;
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(iii) the missions performed by such compa-
nies and their employees for the United States;
and
(iv) the casualties suffered by employees of
such companies in the course of their employ-
ment with such companies.
(B) A description of the retirement benefits con-
tracted for or promised to the employees of such com-
panies before 1977, the contributions made by such
employees for such benefits, the retirement benefits ac-
tually paid such employees, the entitlement of such
employees to the payment of future retirement bene-
fits, and the likelihood that former employees of such
companies will receive any future retirement benefits.
(C) An assessment of the difference between—
(i) the retirement benefits that former em-
ployees of such companies have received or will
receive by virtue of their employment with such
companies; and
(ii) the retirement benefits that such em-
ployees would have received and in the future re-
ceive if such employees had been, or would now
be, treated as employees of the United States
whose services while in the employ of such com-
panies had been or would now be credited as
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Federal service for the purpose of Federal retire-
ment benefits.
(D) Any recommendations regarding the advis-
ability of legislative action to treat employment at
such companies as Federal service for the purpose of
Federal retirement benefits in light of the relationship
between such companies and the United States Gov-
ernment and the services and sacrifices of such em-
ployees to and for the United States, and if legislative
action is considered advisable, a proposal for such ac-
tion and an assessment of its costs.
(2) The Director of National Intelligence shall include
in the report any views of the Director of the Central Intel-
ligence Agency on the matters covered by the report that
the Director of the Central Intelligence Agency considers ap-
propriate.
(c) ASSISTANCE OF COMPTROLLER GENERAL.—The
Comptroller General of the United States shall, upon the
request of the Director of National Intelligence and in a
manner consistent with the protection of classified informa-
tion, assist the Director in the preparation of the report
required by subsection (a).
(d) FORM.—The report required by subsection (a) shall
be submitted in unclassified form, but may include a classi-
fied annex.
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(e) DEFINITIONS.—In this section:
(1) The term ‘‘Air America’’ means Air America,
Incorporated.
(2) The term ‘‘associated company’’ means any
company associated with or subsidiary to Air Amer-
ica, including Air Asia Company Limited and the
Pacific Division of Southern Air Transport, Incor-
porated.
Subtitle C—Defense Intelligence
Components
SEC. 431. ENHANCEMENTS OF NATIONAL SECURITY AGEN-
CY TRAINING PROGRAM.
(a) 
TERMINATION
OF
EMPLOYEES.—Subsection
(d)(1)(C) of section 16 of the National Security Agency Act
of 1959 (50 U.S.C. 402 note) is amended by striking ‘‘termi-
nated either by’’ and all that follows and inserting
‘‘terminated—
‘‘(i) by the Agency due to misconduct by the
employee;
‘‘(ii) by the employee voluntarily; or
‘‘(iii) by the Agency for the failure of the
employee to maintain such level of academic
standing in the educational course of training as
the Director of the National Security Agency
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shall have specified in the agreement of the em-
ployee under this subsection; and’’.
(b) AUTHORITY TO WITHHOLD DISCLOSURE OF AF-
FILIATION WITH NSA.—Subsection (e) of such section is
amended by striking ‘‘(1) When an employee’’ and all that
follows through ‘‘(2) Agency efforts’’ and inserting ‘‘Agency
efforts’’.
SEC. 432. CODIFICATION OF AUTHORITIES OF NATIONAL
SECURITY AGENCY PROTECTIVE PERSONNEL.
The National Security Agency Act of 1959 (50 U.S.C.
402 note) is amended by adding at the end the following
new section:
‘‘SEC. 21. (a) The Director is authorized to designate
personnel of the Agency to perform protective functions for
the Director and for any personnel of the Agency designated
by the Director.
‘‘(b)(1) In the performance of protective functions
under this section, personnel of the Agency designated to
perform protective functions pursuant to subsection (a) are
authorized, when engaged in the performance of such func-
tions, to make arrests without a warrant for—
‘‘(A) any offense against the United States com-
mitted in the presence of such personnel; or
‘‘(B) any felony cognizable under the laws of the
United States if such personnel have reasonable
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grounds to believe that the person to be arrested has
committed or is committing such felony.
‘‘(2) The authority in paragraph (1) may be exercised
only in accordance with guidelines approved by the Direc-
tor and the Attorney General.
‘‘(3) Personnel of the Agency designated to perform
protective functions pursuant to subsection (a) shall not ex-
ercise any authority for the service of civil process or the
investigation of criminal offenses.
‘‘(c) Nothing in this section shall be construed to im-
pair or otherwise affect any authority under any other pro-
vision of law relating to the performance of protective func-
tions.’’.
SEC. 433. INSPECTOR GENERAL MATTERS.
(a) COVERAGE UNDER INSPECTOR GENERAL ACT OF
1978.—Subsection (a)(2) of section 8G of the Inspector Gen-
eral Act of 1978 (5 U.S.C. App. 8G) is amended—
(1) by inserting ‘‘the Defense Intelligence Agen-
cy,’’ after ‘‘the Corporation for Public Broadcasting,’’;
(2) by inserting ‘‘the National Geospatial-Intel-
ligence Agency,’’ after ‘‘the National Endowment for
the Arts,’’; and
(3) by inserting ‘‘the National Reconnaissance
Office, the National Security Agency,’’ after ‘‘the Na-
tional Labor Relations Board,’’.
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(b) CERTAIN DESIGNATIONS UNDER INSPECTOR GEN-
ERAL ACT OF 1978.—Subsection (a) of section 8H of the
Inspector General Act of 1978 (5 U.S.C. App. 8H) is
amended by adding at the end the following new paragraph:
‘‘(3) The Inspectors General of the Defense Intelligence
Agency, the National Geospatial-Intelligence Agency, the
National Reconnaissance Office, and the National Security
Agency shall be designees of the Inspector General of the
Department of Defense for purposes of this section.’’.
(c) POWER OF HEADS OF ELEMENTS OVER INVES-
TIGATIONS.—Subsection (d) of section 8G of that Act—
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’;
(2) in the second sentence of paragraph (1), as
designated by paragraph (1) of this subsection, by
striking ‘‘The head’’ and inserting ‘‘Except as pro-
vided in paragraph (2), the head’’; and
(3) by adding at the end the following new para-
graph:
‘‘(2)(A) The Director of National Intelligence or the
Secretary of Defense may prohibit the Inspector General of
an element of the intelligence community specified in sub-
paragraph (D) from initiating, carrying out, or completing
any audit or investigation if the Director or the Secretary,
as the case may be, determines that the prohibition is nec-
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essary to protect vital national security interests of the
United States.
‘‘(B) If the Director or the Secretary exercises the au-
thority under subparagraph (A), the Director or the Sec-
retary, as the case may be, shall submit to the committees
of Congress specified in subparagraph (E) an appropriately
classified statement of the reasons for the exercise of the au-
thority not later than seven days after the exercise of the
authority.
‘‘(C) At the same time the Director or the Secretary
submits under subparagraph (B) a statement on the exercise
of the authority in subparagraph (A) to the committees of
Congress specified in subparagraph (E), the Director or the
Secretary, as the case may be, shall notify the Inspector
General of such element of the submittal of such statement
and, to the extent consistent with the protection of intel-
ligence sources and methods, provide the Inspector General
with a copy of such statement. The Inspector General may
submit to such committees of Congress any comments on
a notice or statement received by the Inspector General
under this subparagraph that the Inspector General con-
siders appropriate.
‘‘(D) The elements of the intelligence community speci-
fied in this subparagraph are as follows:
‘‘(i) The Defense Intelligence Agency.
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‘‘(ii) The National Geospatial-Intelligence Agen-
cy.
‘‘(iii) The National Reconnaissance Office.
‘‘(iv) The National Security Agency.
‘‘(E) The committees of Congress specified in this sub-
paragraph are—
‘‘(i) the Committee on Armed Services and the
Select Committee on Intelligence of the Senate; and
‘‘(ii) the Committee on Armed Services and the
Permanent Select Committee on Intelligence of the
House of Representatives.’’.
SEC. 434. CONFIRMATION OF APPOINTMENT OF HEADS OF
CERTAIN 
COMPONENTS 
OF 
THE 
INTEL-
LIGENCE COMMUNITY.
(a) DIRECTOR OF NATIONAL SECURITY AGENCY.—The
National Security Agency Act of 1959 (50 U.S.C. 402 note)
is amended by inserting after the first section the following
new section:
‘‘SEC. 2. (a) There is a Director of the National Secu-
rity Agency.
‘‘(b) The Director of the National Security Agency
shall be appointed by the President, by and with the advice
and consent of the Senate.
‘‘(c) The Director of the National Security Agency
shall be the head of the National Security Agency and shall
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discharge such functions and duties as are provided by this
Act or otherwise by law.’’.
(b) DIRECTOR
OF
NATIONAL
GEOSPATIAL-INTEL-
LIGENCE AGENCY.—Section 441(b) of title 10, United
States Code, is amended—
(1) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(2) by inserting after paragraph (1) the fol-
lowing new paragraph (2):
‘‘(2) The Director of the National Geospatial Intel-
ligence Agency shall be appointed by the President, by and
with the advice and consent of the Senate.’’.
(c) DIRECTOR OF NATIONAL RECONNAISSANCE OF-
FICE.—The Director of the National Reconnaissance Office
shall be appointed by the President, by and with the advice
and consent of the Senate.
(d) POSITIONS
OF
IMPORTANCE
AND
RESPONSI-
BILITY.—
(1) DESIGNATION OF POSITIONS.—The President
may designate any of the positions referred to in
paragraph (2) as positions of importance and respon-
sibility under section 601 of title 10, United States
Code.
(2) COVERED POSITIONS.—The positions referred
to in this paragraph are as follows:
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(A) The Director of the National Security
Agency.
(B) 
The 
Director 
of 
the 
National
Geospatial-Intelligence Agency.
(C) The Director of the National Reconnais-
sance Office.
(e) EFFECTIVE DATE AND APPLICABILITY.—
(1) IN
GENERAL.—The amendments made by
subsections (a) and (b), and subsection (c), shall take
effect on the date of the enactment of this Act and
shall apply upon the earlier of—
(A) the date of the nomination by the Presi-
dent of an individual to serve in the position
concerned, except that the individual serving in
such position as of the date of the enactment of
this Act may continue to perform such duties
after such date of nomination and until the indi-
vidual appointed to such position, by and with
the advice and consent of the Senate, assumes the
duties of such position; or
(B) the date of the cessation of the perform-
ance of the duties of such position by the indi-
vidual performing such duties as of the date of
the enactment of this Act.