SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Intelligence Authorization Act for Fiscal Year 2009’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—BUDGET AND PERSONNEL AUTHORIZATIONS 
Sec. 101. Authorization of appropriations. 
Sec. 102. Classified Schedule of Authorizations. 
Sec. 103. Personnel ceiling adjustments. 
Sec. 104. Intelligence Community Management Account. 
Sec. 105. Limitation on the use of covert action funds. 
Sec. 106. Prohibition on use of funds to implement ‘‘5 and out’’ program of 
the Federal Bureau of Investigation. 
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 
DISABILITY SYSTEM 
Sec. 201. Authorization of appropriations. 
Sec. 202. Technical modification to mandatory retirement provision of the Cen-
tral Intelligence Agency Retirement Act. 
TITLE III—GENERAL INTELLIGENCE COMMUNITY MATTERS 
Subtitle A—Personnel Matters 
Sec. 301. Increase in employee compensation and benefits authorized by law. 
Sec. 302. Enhanced flexibility in nonreimbursable details to elements of the in-
telligence community. 
Sec. 303. Multi-level security clearances. 
Sec. 304. Delegation of authority for travel on common carriers for intelligence 
collection personnel. 
Sec. 305. Annual personnel level assessments for the intelligence community. 
Sec. 306. Comprehensive report on intelligence community contractors. 
Sec. 307. Report on proposed pay for performance intelligence community per-
sonnel management system. 
Sec. 308. Report on plans to increase diversity within the intelligence commu-
nity. 
Sec. 309. Report on security clearance determinations. 
Sec. 310. Sense of Congress regarding the need for a robust workforce. 
Subtitle B—Other Matters 
Sec. 311. Restriction on conduct of intelligence activities. 
Sec. 312. Clarification of definition of intelligence community under the Na-
tional Security Act of 1947. 
Sec. 313. Modification of availability of funds for different intelligence activi-
ties. 
Sec. 314. Protection of certain national security information.
Sec. 315. Extension of authority to delete information about receipt and dis-
position of foreign gifts and decorations. 
Sec. 316. Report on compliance with the Detainee Treatment Act of 2005 and 
related provisions of the Military Commissions Act of 2006. 
Sec. 317. Incorporation of reporting requirements. 
Sec. 318. Repeal of certain reporting requirements. 
Sec. 319. Enhancement of critical skills training program. 
Sec. 320. Comprehensive national cybersecurity initiative advisory panel. 
Sec. 321. Exception to alternative fuel procurement requirement. 
TITLE IV—MATTERS RELATING TO ELEMENTS OF THE 
INTELLIGENCE COMMUNITY 
Subtitle A—Office of the Director of National Intelligence 
Sec. 401. Clarification of limitation on colocation of the Office of the Director 
of National Intelligence. 
Sec. 402. Membership of the Director of National Intelligence on the Transpor-
tation Security Oversight Board. 
Sec. 403. Additional duties of the Director of Science and Technology. 
Sec. 404. Leadership and location of certain offices and officials. 
Sec. 405. Plan to implement recommendations of the data center energy effi-
ciency reports. 
Sec. 406. Semiannual reports on nuclear programs of Iran, Syria, and North 
Korea. 
Sec. 407. Title of Chief Information Officer of the Intelligence Community. 
Sec. 408. Inspector General of the Intelligence Community. 
Sec. 409. Annual report on foreign language proficiency in the intelligence com-
munity. 
Sec. 410. Repeal of certain authorities relating to the Office of the National 
Counterintelligence Executive. 
Sec. 411. National intelligence estimate on weapons of mass destruction in 
Syria. 
Sec. 412. Report on intelligence resources dedicated to Iraq and Afghanistan. 
Sec. 413. Ombudsman for intelligence community security clearances. 
Sec. 414. Security clearance reciprocity. 
Sec. 415. Report on international traffic in arms regulations. 
Sec. 416. Report on nuclear trafficking. 
Sec. 417. Study on revoking pensions of persons who commit unauthorized dis-
closures of classified information. 
Sec. 418. Memorandum to holders of National Intelligence Estimate on Iran. 
Sec. 419. National Intelligence Estimate on production and sale of narcotics in 
support of international terrorism. 
Subtitle B—Central Intelligence Agency 
Sec. 421. Review of covert action programs by Inspector General of the Central 
Intelligence Agency. 
Sec. 422. Inapplicability to Director of the Central Intelligence Agency of re-
quirement for annual report on progress in auditable financial 
statements. 
Sec. 423. Technical amendments relating to titles of certain Central Intel-
ligence Agency positions. 
Sec. 424. Clarifying amendments relating to section 105 of the Intelligence Au-
thorization Act for Fiscal Year 2004.
Sec. 425. Prohibition on the use of private contractors for interrogations involv-
ing persons in the custody or control of the Central Intelligence 
Agency. 
Sec. 426. Report on activities of the Central Intelligence Agency in Argentina. 
Subtitle C—Defense Intelligence Components 
Sec. 431. Integration of the Counterintelligence Field Activity into the Defense 
Intelligence Agency. 
Subtitle D—Other Elements 
Sec. 441. Clarification of inclusion of Coast Guard and Drug Enforcement Ad-
ministration as elements of the intelligence community. 
Sec. 442. Report on transformation of the intelligence capabilities of the Fed-
eral Bureau of Investigation. 
TITLE V—OTHER MATTERS 
Subtitle A—General Intelligence Matters 
Sec. 501. Extension of National Commission for the Review of the Research 
and Development Programs of the United States Intelligence 
Community. 
Sec. 502. Amendments to the National Security Act of 1947. 
Sec. 503. Report on financial intelligence on terrorist assets. 
Sec. 504. Notice of intelligence regarding North Korea and China. 
Sec. 505. Sense of Congress regarding use of intelligence resources. 
Sec. 506. Sense of Congress regarding Colombian paramilitary organizations. 
Sec. 507. Jihadists. 
Subtitle B—Technical Amendments 
Sec. 511. Technical amendment to the Central Intelligence Agency Act of 1949. 
Sec. 512. Technical amendments relating to the multiyear National Intelligence 
Program. 
Sec. 513. Technical clarification of certain references to Joint Military Intel-
ligence Program and Tactical Intelligence and Related Activi-
ties. 
Sec. 514. Technical amendments to the National Security Act of 1947. 
Sec. 515. Technical amendments to the Intelligence Reform and Terrorism Pre-
vention Act of 2004. 
Sec. 516. Technical amendments to the Executive Schedule. 
Sec. 517. Technical amendments relating to the National Geospatial-Intel-
ligence Agency. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) CONGRESSIONAL
INTELLIGENCE
COMMIT-
TEES.—The term ‘‘congressional intelligence com-
mittees’’ means—
(A) the Select Committee on Intelligence of 
the Senate; and 
(B) the Permanent Select Committee on 
Intelligence of the House of Representatives. 
(2) INTELLIGENCE
COMMUNITY.—The term 
‘‘intelligence community’’ has the meaning given 
that term in section 3(4) of the National Security 
Act of 1947 (50 U.S.C. 401a(4)). 
TITLE I—BUDGET AND 
PERSONNEL AUTHORIZATIONS 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for 
fiscal year 2009 for the conduct of the intelligence and 
intelligence-related activities of the following elements of 
the United States Government: 
(1) The Office of the Director of National Intel-
ligence. 
(2) The Central Intelligence Agency. 
(3) The Department of Defense. 
(4) The Defense Intelligence Agency. 
(5) The National Security Agency. 
(6) The Department of the Army, the Depart-
ment of the Navy, and the Department of the Air 
Force. 
(7) The Coast Guard.
(8) The Department of State. 
(9) The Department of the Treasury. 
(10) The Department of Energy. 
(11) The Department of Justice. 
(12) The Federal Bureau of Investigation. 
(13) The Drug Enforcement Administration. 
(14) The National Reconnaissance Office. 
(15) The National Geospatial-Intelligence Agen-
cy. 
(16) The Department of Homeland Security. 
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 
(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL 
LEVELS.—The amounts authorized to be appropriated 
under section 101 and, subject to section 103, the author-
ized personnel ceilings as of September 30, 2009, for the 
conduct of the intelligence activities of the elements listed 
in paragraphs (1) through (16) of section 101, are those 
specified in the classified Schedule of Authorizations pre-
pared to accompany the conference report on the bill H.R. 
5959 of the One Hundred Tenth Congress. 
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU-
THORIZATIONS.—The classified Schedule of Authoriza-
tions referred to in subsection (a) shall be made available 
to the Committee on Appropriations of the Senate, the 
Committee on Appropriations of the House of Representa-
tives, and to the President. The President shall provide 
for suitable distribution of the Schedule, or of appropriate 
portions of the Schedule, within the executive branch. 
(c) EARMARKS.— 
(1) IN
GENERAL.—Nothing in the classified 
Schedule of Authorizations, the joint explanatory 
statement to accompany the conference report on 
the bill H.R. 5959 of the One Hundred Tenth Con-
gress, or the classified annex to this Act, shall be 
construed to authorize or require the expenditure of 
funds for an earmarked purpose. 
(2) EARMARKED PURPOSE DEFINED.—In this 
subsection, the term ‘‘earmarked purpose’’ means a 
provision or report language included primarily at 
the request of a Member, Delegate, Resident Com-
missioner of the House of Representatives or a Sen-
ator providing, authorizing, or recommending a spe-
cific amount of discretionary budget authority, credit 
authority, or other spending authority for a contract, 
loan, loan guarantee, grant, loan authority, or other 
expenditure with or to an entity, or targeted to a 
specific State, locality, or Congressional district, 
other than through a statutory or administrative for-
mula-driven or competitive award process.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 
(a) AUTHORITY FOR INCREASES.—With the approval 
of the Director of the Office of Management and Budget, 
the Director of National Intelligence may authorize em-
ployment of civilian personnel in excess of the number au-
thorized for fiscal year 2009 by the classified Schedule of 
Authorizations referred to in section 102(a) if the Director 
of National Intelligence determines that such action is 
necessary to the performance of important intelligence 
functions, except that the number of personnel employed 
in excess of the number authorized under such section may 
not, for any element of the intelligence community, exceed 
3 percent of the number of civilian personnel authorized 
under such Schedule for such element. 
(b) NOTICE
TO
CONGRESSIONAL
INTELLIGENCE 
COMMITTEES.—The Director of National Intelligence 
shall notify the congressional intelligence committees in 
writing at least 15 days prior to each exercise of an au-
thority described in subsection (a). 
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC-
COUNT. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated for the Intelligence Commu-
nity Management Account of the Director of National In-
telligence for fiscal year 2009 the sum of $648,842,000. 
Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) 
for advanced research and development shall remain avail-
able until September 30, 2010. 
(b) AUTHORIZED PERSONNEL LEVELS.—The ele-
ments within the Intelligence Community Management 
Account of the Director of National Intelligence are au-
thorized 772 full-time or full-time equivalent personnel as 
of September 30, 2009. Personnel serving in such ele-
ments may be permanent employees of the Office of the 
Director of National Intelligence or personnel detailed 
from other elements of the United States Government. 
(c) CONSTRUCTION OF AUTHORITIES.—The authori-
ties available to the Director of National Intelligence 
under section 103 are also available to the Director for 
the adjustment of personnel levels within the Intelligence 
Community Management Account. 
(d) CLASSIFIED AUTHORIZATIONS.— 
(1) AUTHORIZATION OF APPROPRIATIONS.—In 
addition to amounts authorized to be appropriated 
for the Intelligence Community Management Ac-
count by subsection (a), there are authorized to be 
appropriated for the Community Management Ac-
count for fiscal year 2009 such additional amounts 
as are specified in the classified Schedule of Author-
izations referred to in section 102(a). Such addi-
tional amounts for advanced research and develop-
ment shall remain available until September 30, 
2010. 
(2) AUTHORIZATION OF PERSONNEL.—In addi-
tion to the personnel authorized by subsection (b) 
for elements of the Intelligence Community Manage-
ment Account as of September 30, 2009, there are 
authorized such additional personnel for the Com-
munity Management Account as of that date as are 
specified in the classified Schedule of Authorizations 
referred to in section 102(a). 
SEC. 105. LIMITATION ON THE USE OF COVERT ACTION 
FUNDS. 
(a) IN GENERAL.—Not more than 25 percent of the 
funds authorized to be appropriated by this Act for the 
National Intelligence Program for covert actions may be 
obligated or expended until the date on which each mem-
ber of the congressional intelligence committees has been 
fully and currently briefed on all authorizations for covert 
actions in effect on April 24, 2008. 
(b) COVERT ACTION DEFINED.—In this section, the 
term ‘‘covert action’’ has the meaning given the term in 
section 503(g) of the National Security Act of 1947 (50 
U.S.C. 413b(e)).
SEC. 106. PROHIBITION ON USE OF FUNDS TO IMPLEMENT 
‘‘5 AND OUT’’ PROGRAM OF THE FEDERAL BU-
REAU OF INVESTIGATION. 
None of the funds authorized to be appropriated in 
this Act may be used to implement the program of the 
Federal Bureau of Investigation requiring the mandatory 
reassignment of a supervisor of the Bureau after such su-
pervisor serves in a management position for 5 years 
(commonly known as the ‘‘5 and out’’ program). 
TITLE 
II—CENTRAL 
INTEL-
LIGENCE 
AGENCY 
RETIRE-
MENT AND DISABILITY SYS-
TEM 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated for the Cen-
tral Intelligence Agency Retirement and Disability Fund 
for fiscal year 2009 the sum of $279,200,000. 
SEC. 202. TECHNICAL MODIFICATION TO MANDATORY RE-
TIREMENT PROVISION OF THE CENTRAL IN-
TELLIGENCE AGENCY RETIREMENT ACT. 
Subparagraph (A) of section 235(b)(1) of the Central 
Intelligence 
Agency 
Retirement 
Act 
(50 
U.S.C. 
2055(b)(1)) is amended by striking ‘‘receiving compensa-
tion under the Senior Intelligence Service pay schedule at 
the rate’’ and inserting ‘‘who is at the Senior Intelligence 
Service rank’’.
TITLE 
III—GENERAL 
INTEL-
LIGENCE COMMUNITY MAT-
TERS 
Subtitle A—Personnel Matters 
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND 
BENEFITS AUTHORIZED BY LAW. 
Appropriations authorized by this Act for salary, pay, 
retirement, and other benefits for Federal employees may 
be increased by such additional or supplemental amounts 
as may be necessary for increases in such compensation 
or benefits authorized by law. 
SEC. 302. ENHANCED FLEXIBILITY IN NONREIMBURSABLE 
DETAILS 
TO 
ELEMENTS 
OF 
THE 
INTEL-
LIGENCE COMMUNITY. 
Except as provided in section 113 of the National Se-
curity Act of 1947 (50 U.S.C. 404h) and section 
904(g)(2) of the Counterintelligence Enhancement Act of 
2002 (title IX of Public Law 107–306; 50 U.S.C. 
402c(g)(2)) and notwithstanding any other provision of 
law, in any fiscal year after fiscal year 2008 an officer 
or employee of the United States or member of the Armed 
Forces may be detailed to the staff of an element of the 
intelligence community funded through the Community 
Management Account from another element of the United 
States Government on a reimbursable or nonreimbursable
basis, as jointly agreed to by the Director of National In-
telligence and the head of the detailing element (or the 
designees of such officials), for a period not to exceed 2 
years. 
SEC. 303. MULTI-LEVEL SECURITY CLEARANCES. 
(a) IN GENERAL.—Section 102A of the National Se-
curity Act of 1947 (50 U.S.C. 403–1) is amended by add-
ing at the end the following new subsection: 
‘‘(s) MULTI-LEVEL SECURITY CLEARANCES.—The 
Director of National Intelligence shall be responsible for 
ensuring that the elements of the intelligence community 
adopt a multi-level security clearance approach in order 
to enable the intelligence community to make more effec-
tive and efficient use of persons proficient in foreign lan-
guages or with cultural, linguistic, or other subject matter 
expertise that is critical to national security.’’. 
(b) IMPLEMENTATION.—The Director of National In-
telligence shall issue guidelines to the intelligence commu-
nity on the implementation of subsection (s) of section 
102A of the National Security Act of 1947, as added by 
subsection (a), not later than 90 days after the date of 
the enactment of this Act.
SEC. 304. DELEGATION OF AUTHORITY FOR TRAVEL ON 
COMMON 
CARRIERS 
FOR 
INTELLIGENCE 
COLLECTION PERSONNEL. 
(a) DELEGATION OF AUTHORITY.—Section 116(b) of 
the National Security Act of 1947 (50 U.S.C. 404k(b)) 
is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘The Director’’; 
(2) in paragraph (1), as designated by para-
graph (1) of this subsection, by striking ‘‘may only 
delegate’’ and all that follows and inserting ‘‘may 
delegate the authority in subsection (a) to the head 
of any other element of the intelligence commu-
nity.’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(2) The head of an element of the intelligence com-
munity to whom the authority in subsection (a) is dele-
gated pursuant to paragraph (1) may further delegate 
such authority to such senior officials of such element as 
are specified in guidelines prescribed by the Director of 
National Intelligence for purposes of this paragraph.’’. 
(b) SUBMISSION OF GUIDELINES TO CONGRESS.— 
Not later than 6 months after the date of the enactment 
of this Act, the Director of National Intelligence shall pre-
scribe and submit to the congressional intelligence com-
mittees the guidelines referred to in paragraph (2) of sec-
tion 116(b) of the National Security Act of 1947, as added 
by subsection (a). 
SEC. 305. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR 
THE INTELLIGENCE COMMUNITY. 
(a) IN GENERAL.—Title V of the National Security 
Act of 1947 (50 U.S.C. 413 et seq.) is amended by insert-
ing after section 506A the following new section: 
‘‘ANNUAL PERSONNEL LEVEL ASSESSMENT FOR THE 
INTELLIGENCE COMMUNITY 
‘‘SEC. 506B. (a) REQUIREMENT TO PROVIDE.—The 
Director of National Intelligence shall, in consultation 
with the head of the element of the intelligence community 
concerned, prepare an annual personnel level assessment 
for such element of the intelligence community that as-
sesses the personnel levels for each such element for the 
fiscal year following the fiscal year in which the assess-
ment is submitted. 
‘‘(b) SCHEDULE.—Each assessment required by sub-
section (a) shall be submitted to the congressional intel-
ligence committees each year along with the budget sub-
mitted by the President under section 1105 of title 31, 
United States Code. 
‘‘(c) CONTENTS.—Each assessment required by sub-
section (a) submitted during a fiscal year shall contain, 
at a minimum, the following information for the element 
of the intelligence community concerned:
‘‘(1) The budget submission for personnel costs 
for the upcoming fiscal year. 
‘‘(2) The dollar and percentage increase or de-
crease of such costs as compared to the personnel 
costs of the current fiscal year. 
‘‘(3) The dollar and percentage increase or de-
crease of such costs as compared to the personnel 
costs during the prior 5 fiscal years. 
‘‘(4) The number of personnel positions re-
quested for the upcoming fiscal year. 
‘‘(5) The numerical and percentage increase or 
decrease of such number as compared to the number 
of personnel positions of the current fiscal year. 
‘‘(6) The numerical and percentage increase or 
decrease of such number as compared to the number 
of personnel positions during the prior 5 fiscal years. 
‘‘(7) The best estimate of the number and costs 
of contractors to be funded by the element for the 
upcoming fiscal year. 
‘‘(8) The numerical and percentage increase or 
decrease of such costs of contractors as compared to 
the best estimate of the costs of contractors of the 
current fiscal year. 
‘‘(9) The numerical and percentage increase or 
decrease of such costs of contractors as compared to
the cost of contractors, and the number of contrac-
tors, during the prior 5 fiscal years. 
‘‘(10) A written justification for the requested 
personnel and contractor levels. 
‘‘(11) The number of intelligence collectors and 
analysts employed or contracted by each element of 
the intelligence community. 
‘‘(12) A list of all contractors that have been 
the subject of an investigation completed by the In-
spector General of any element of the intelligence 
community during the preceding fiscal year, or are 
or have been the subject of an investigation by such 
an Inspector General during the current fiscal year. 
‘‘(13) A statement by the Director of National 
Intelligence that, based on current and projected 
funding, the element concerned will have sufficient— 
‘‘(A) internal infrastructure to support the 
requested personnel and contractor levels; 
‘‘(B) training resources to support the re-
quested personnel levels; and 
‘‘(C) funding to support the administrative 
and operational activities of the requested per-
sonnel levels.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in the first section of that Act is amended by inserting
after the item relating to section 506A the following new 
item: 
‘‘Sec. 506B. Annual personnel level assessment for the intelligence commu-
nity.’’. 
SEC. 306. COMPREHENSIVE REPORT ON INTELLIGENCE 
COMMUNITY CONTRACTORS. 
(a) REQUIREMENT FOR REPORT.—Not later than 
November 1, 2008, the Director of National Intelligence 
shall submit to the congressional intelligence committees 
a report describing the use of personal services contracts 
across the intelligence community, the impact of such con-
tractors on the intelligence community workforce, plans 
for conversion of contractor employment into government 
employment, and the accountability mechanisms that gov-
ern the performance of such contractors. 
(b) CONTENT.— 
(1) IN GENERAL.—The report submitted under 
subsection (a) shall include— 
(A) a description of any relevant regula-
tions or guidance issued by the Director of Na-
tional Intelligence or the head of an element of 
the intelligence community relating to minimum 
standards required regarding the hiring, train-
ing, security clearance, and assignment of con-
tract personnel and how those standards may
differ from those for government employees per-
forming substantially similar functions; 
(B) an identification of contracts where the 
contractor is performing a substantially similar 
functions to a government employee; 
(C) an assessment of costs incurred or sav-
ings achieved by awarding contracts for the per-
formance of such functions referred to in sub-
paragraph (B) instead of using full-time em-
ployees of the elements of the intelligence com-
munity to perform such functions; 
(D) an assessment of the appropriateness 
of using contractors to perform the activities 
described in paragraph (2); 
(E) an estimate of the number of con-
tracts, and the number of personnel working 
under such contracts, related to the perform-
ance of activities described in paragraph (2); 
(F) a comparison of the compensation of 
contract employees and government employees 
performing substantially similar functions; 
(G) an analysis of the attrition of govern-
ment personnel for contractor positions that 
provide substantially similar functions;
plementing guidance of the system and the criteria 
upon which the certification is granted; and 
(3) a description of an external appeals mecha-
nism for employees who wish to appeal pay decisions 
to someone outside the management chain of the ele-
ment employing such employee. 
SEC. 308. REPORT ON PLANS TO INCREASE DIVERSITY 
WITHIN THE INTELLIGENCE COMMUNITY. 
(a) REQUIREMENT FOR REPORT.—Not later than 
November 1, 2008, the Director of National Intelligence, 
in coordination with the heads of the elements of the intel-
ligence community, shall submit to the congressional intel-
ligence committees a report on the plans of each element 
to increase diversity within the intelligence community. 
(b) CONTENT.—The report required by subsection 
(a) shall include specific implementation plans to increase 
diversity within each element of the intelligence commu-
nity, including— 
(1) specific implementation plans for each such 
element designed to achieve the goals articulated in 
the strategic plan of the Director of National Intel-
ligence on equal employment opportunity and diver-
sity;
(2) specific plans and initiatives for each such 
element to increase recruiting and hiring of diverse 
candidates; 
(3) specific plans and initiatives for each such 
element to improve retention of diverse Federal em-
ployees at the junior, midgrade, senior, and manage-
ment levels; 
(4) a description of specific diversity awareness 
training and education programs for senior officials 
and managers of each such element; and 
(5) a description of performance metrics to 
measure the success of carrying out the plans, initia-
tives, and programs described in paragraphs (1) 
through (4). 
SEC. 309. REPORT ON SECURITY CLEARANCE DETERMINA-
TIONS. 
(a) IN GENERAL.—Title V of the National Security 
Act of 1947 (50 U.S.C. 413 et seq.) is amended by adding 
at the end the following new section: 
‘‘REPORT ON SECURITY CLEARANCE DETERMINATIONS 
‘‘SEC. 508. Not later than February 1 of each year, 
the Director of the Office of Management and Budget 
shall submit to Congress a report on security clearance 
determinations completed or ongoing during the preceding 
fiscal year that have taken longer than 1 year to complete. 
Such report shall include—
‘‘(1) the number of security clearance deter-
minations for positions as employees of the Federal 
Government that required more than 1 year to com-
plete; 
‘‘(2) the number of security clearance deter-
minations for contractors that required more than 1 
year to complete; 
‘‘(3) the agencies that investigated and adju-
dicated such determinations; and 
‘‘(4) the cause of significant delays in such de-
terminations.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents in the first section of the National Security Act of 
1947 (50 U.S.C. 401 et seq.) is further amended by in-
serting after the item relating to section 507 the following 
new item: 
‘‘Sec. 508. Report on security clearance determinations.’’. 
SEC. 310. SENSE OF CONGRESS REGARDING THE NEED FOR 
A ROBUST WORKFORCE. 
It is the sense of Congress that— 
(1) a robust and highly skilled aerospace indus-
try workforce is critical to the success of intelligence 
community programs and operations; 
(2) voluntary attrition, the retirement of many 
senior workers, and difficulties in recruiting could 
leave the intelligence community without access to
the intellectual capital and technical capabilities nec-
essary to identify and respond to potential threats; 
and 
(3) the Director of National Intelligence should 
work cooperatively with other agencies of the Fed-
eral Government responsible for programs related to 
space and the aerospace industry to develop and im-
plement policies, including those with an emphasis 
on improving science, technology, engineering, and 
mathematics education at all levels, to sustain and 
expand the diverse workforce available to the intel-
ligence community. 
Subtitle B—Other Matters 
SEC. 311. RESTRICTION ON CONDUCT OF INTELLIGENCE 
ACTIVITIES. 
The authorization of appropriations by this Act shall 
not be deemed to constitute authority for the conduct of 
any intelligence activity which is not otherwise authorized 
by the Constitution or the laws of the United States. 
SEC. 312. CLARIFICATION OF DEFINITION OF INTEL-
LIGENCE COMMUNITY UNDER THE NATIONAL 
SECURITY ACT OF 1947. 
Subparagraph (L) of section 3(4) of the National Se-
curity Act of 1947 (50 U.S.C. 401a(4)) is amended by 
striking ‘‘other’’ the second place it appears.
SEC. 313. MODIFICATION OF AVAILABILITY OF FUNDS FOR 
DIFFERENT INTELLIGENCE ACTIVITIES. 
Subparagraph (B) of section 504(a)(3) of the Na-
tional Security Act of 1947 (50 U.S.C. 414(a)(3)) is 
amended to read as follows: 
‘‘(B) the use of such funds for such activity 
supports an emergent need, improves program effec-
tiveness, or increases efficiency; and’’. 
SEC. 314. PROTECTION OF CERTAIN NATIONAL SECURITY 
INFORMATION. 
(a) INCREASE IN PENALTIES FOR DISCLOSURE OF 
UNDERCOVER INTELLIGENCE OFFICERS AND AGENTS.— 
(1) DISCLOSURE OF AGENT AFTER ACCESS TO 
INFORMATION IDENTIFYING AGENT.—Subsection (a) 
of section 601 of the National Security Act of 1947 
(50 U.S.C. 421) is amended by striking ‘‘ten years’’ 
and inserting ‘‘15 years’’. 
(2) DISCLOSURE OF AGENT AFTER ACCESS TO 
CLASSIFIED INFORMATION.—Subsection (b) of such 
section is amended by striking ‘‘five years’’ and in-
serting ‘‘10 years’’. 
(b) MODIFICATIONS TO ANNUAL REPORT ON PRO-
TECTION OF INTELLIGENCE IDENTITIES.—The first sen-
tence of section 603(a) of the National Security Act of 
1947 (50 U.S.C. 423(a)) is amended by inserting ‘‘includ-
ing an assessment of the need for any modification of this
title for the purpose of improving legal protections for cov-
ert agents,’’ after ‘‘measures to protect the identities of 
covert agents,’’. 
SEC. 315. EXTENSION OF AUTHORITY TO DELETE INFORMA-
TION ABOUT RECEIPT AND DISPOSITION OF 
FOREIGN GIFTS AND DECORATIONS. 
Paragraph (4) of section 7342(f) of title 5, United 
States Code, is amended to read as follows: 
‘‘(4)(A) In transmitting such listings for an element 
of the intelligence community, the head of such element 
may delete the information described in subparagraph (A) 
or (C) of paragraph (2) or in subparagraph (A) or (C) 
of paragraph (3) if the head of such element certifies in 
writing to the Secretary of State that the publication of 
such information could adversely affect United States in-
telligence sources or methods. 
‘‘(B) Any information not provided to the Secretary 
of State pursuant to the authority in subparagraph (A) 
shall be transmitted to the Director of National Intel-
ligence who shall keep a record of such information. 
‘‘(C) In this paragraph, the term ‘intelligence com-
munity’ has the meaning given the term in section 3(4) 
of the National Security Act of 1947 (50 U.S.C. 
401a(4)).’’.
SEC. 316. REPORT ON COMPLIANCE WITH THE DETAINEE 
TREATMENT ACT OF 2005 AND RELATED PRO-
VISIONS OF THE MILITARY COMMISSIONS 
ACT OF 2006. 
(a) REPORT REQUIRED.—Not later than November 
1, 2008, the Director of National Intelligence shall submit 
to the congressional intelligence committees a comprehen-
sive report on all measures taken by the Office of the Di-
rector of National Intelligence and by each element, if any, 
of the intelligence community with relevant responsibilities 
to comply with the provisions of the Detainee Treatment 
Act of 2005 (title X of division A of Public Law 109– 
148; 119 Stat. 2739) and related provisions of the Mili-
tary Commissions Act of 2006 (Public Law 109–366; 120 
Stat. 2600). 
(b) ELEMENTS.—The report required by subsection 
(a) shall include the following: 
(1) A description of the detention or interroga-
tion methods, if any, that have been determined to 
comply with section 1003 of the Detainee Treatment 
Act of 2005 (119 Stat. 2739; 42 U.S.C. 2000dd) 
and section 6 of the Military Commissions Act of 
2006 (120 Stat. 2632; 18 U.S.C. 2441 note) (in-
cluding the amendments made by such section 6), 
and, with respect to each such method—
(A) an identification of the official making 
such determination; and 
(B) a statement of the basis for such de-
termination. 
(2) A description of the detention or interroga-
tion methods, if any, the use of which has been dis-
continued pursuant to the Detainee Treatment Act 
of 2005 or the Military Commission Act of 2006, 
and, with respect to each such method— 
(A) an identification of the official making 
the determination to discontinue such method; 
and 
(B) a statement of the basis for such de-
termination. 
(3) A description of any actions that have been 
taken to implement section 1004 of the Detainee 
Treatment Act of 2005 (119 Stat. 2740; 42 U.S.C. 
2000dd–1), and, with respect to each such action— 
(A) an identification of the official taking 
such action; and 
(B) a statement of the basis for such ac-
tion. 
(4) Any other matters that the Director con-
siders necessary to fully and currently inform the 
congressional intelligence committees about the im-
plementation of the Detainee Treatment Act of 2005 
and related provisions of the Military Commissions 
Act of 2006. 
(5) An appendix containing— 
(A) all guidelines for the application of the 
Detainee Treatment Act of 2005 and related 
provisions of the Military Commissions Act of 
2006 to the detention or interrogation activi-
ties, if any, of any element of the intelligence 
community; and 
(B) all legal justifications of the Depart-
ment of Justice, including any office thereof, 
about the meaning or application of the De-
tainee Treatment Act of 2005 or related provi-
sions of the Military Commissions Act of 2006 
with respect to the detention or interrogation 
activities, if any, of any element of the intel-
ligence community. 
(c) FORM.—The report required by subsection (a) 
shall be submitted in classified form. 
(d) SUBMISSION TO THE CONGRESSIONAL ARMED 
SERVICES COMMITTEES.—To the extent that the report 
required by subsection (a) addresses an element of the in-
telligence community within the Department of Defense, 
that portion of the report, and any associated material
that is necessary to make that portion understandable, 
shall also be submitted by the Director of National Intel-
ligence to the congressional armed services committees. 
(e) CONGRESSIONAL ARMED SERVICES COMMITTEE 
DEFINED.—In this section, the term ‘‘congressional 
armed services committees’’ means— 
(1) the Committee on Armed Services of the 
Senate; and 
(2) the Committee on Armed Services of the 
House of Representatives. 
SEC. 
317. 
INCORPORATION 
OF 
REPORTING 
REQUIRE-
MENTS. 
Each requirement to submit a report to the congres-
sional intelligence committees that is included in the clas-
sified annex to this Act is hereby incorporated into this 
Act and is hereby made a requirement in law. 
SEC. 318. REPEAL OF CERTAIN REPORTING REQUIRE-
MENTS. 
(a) ANNUAL CERTIFICATION
ON COUNTERINTEL-
LIGENCE INITIATIVES.—Section 1102(b) of the National 
Security Act of 1947 (50 U.S.C. 442a(b)) is amended— 
(1) by striking ‘‘(1)’’; and 
(2) by striking paragraph (2). 
(b) REPORT AND CERTIFICATION UNDER TERRORIST 
IDENTIFICATION CLASSIFICATION SYSTEM.—Section 343
of the Intelligence Authorization Act for Fiscal Year 2003 
(50 U.S.C. 404n–2) is amended— 
(1) by striking subsection (d); and 
(2) by redesignating subsections (e), (f), (g), 
and (h) as subsections (d), (e), (f), and (g), respec-
tively. 
(c) ANNUAL REPORT
ON COUNTERDRUG INTEL-
LIGENCE MATTERS.—Section 826 of the Intelligence Au-
thorization Act for Fiscal Year 2003 (Public Law 107– 
306; 116 Stat. 2429; 21 U.S.C. 873 note) is repealed. 
(d) CONFORMING AMENDMENTS.—Section 507(a)(2) 
of the National Security Act of 1947 (50 U.S.C. 
415b(a)(2)) is amended by striking subparagraph (D). 
SEC. 319. ENHANCEMENT OF CRITICAL SKILLS TRAINING 
PROGRAM. 
(a) NATIONAL SECURITY AGENCY.—Subsection (e) 
of section 16 of the National Security Agency Act of 1959 
(50 U.S.C. 402 note) is amended by striking ‘‘(1) When 
an employee’’ and all that follows through ‘‘(2) Agency 
efforts’’ and inserting ‘‘Agency efforts’’. 
(b) OTHER ELEMENTS OF THE INTELLIGENCE COM-
MUNITY.— 
(1) IN GENERAL.—The National Security Act 
of 1947 is amended by inserting after section 1021 
(50 U.S.C. 441m) the following new section:
‘‘INTELLIGENCE COMMUNITY ACQUISITION OF CRITICAL 
SKILLS 
‘‘SEC. 1022. (a) IN GENERAL.—The head of an ap-
propriate department may assign civilian employees of an 
element of the intelligence community that is a component 
of such appropriate department as students at accredited 
professional, technical, and other institutions of higher 
learning for training at the undergraduate level in skills 
critical to effective performance of the mission of such ele-
ment of the intelligence community. 
‘‘(b) PAYMENT OF EXPENSES.—The head of an ap-
propriate department may pay, directly or by reimburse-
ment to employees, expenses incident to assignments 
under subsection (a), in any fiscal year only to the extent 
that appropriated funds are available for such purpose. 
‘‘(c) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—To be eligible for assign-
ment under subsection (a), an employee of an ele-
ment of the intelligence community must agree in 
writing— 
‘‘(A) to continue in the service of such ele-
ment for the period of the assignment and to 
complete the educational course of training for 
which the employee is assigned;
‘‘(B) to continue in the service of such ele-
ment following completion of the assignment for 
a period of one-and-a-half years for each year 
of the assignment or part thereof; 
‘‘(C) to reimburse the United States for 
the total cost of education (excluding the em-
ployee’s pay and allowances) provided under 
this section to the employee if, prior to the em-
ployee’s completing the educational course of 
training for which the employee is assigned, the 
assignment or the employee’s employment with 
such element is terminated either by such ele-
ment due to misconduct by the employee or by 
the employee voluntarily; and 
‘‘(D) to reimburse the United States if, 
after completing the educational course of 
training for which the employee is assigned, the 
employee’s employment with such element is 
terminated either by such element due to mis-
conduct by the employee or by the employee vol-
untarily, prior to the employee’s completion of 
the service obligation period described in sub-
paragraph (B), in an amount that bears the 
same ratio to the total cost of the education 
(excluding the employee’s pay and allowances)
provided to the employee as the unserved por-
tion of the service obligation period described in 
subparagraph (B) bears to the total period of 
the service obligation described in subparagraph 
(B). 
‘‘(2) DEBT OWING THE UNITED STATES.—Sub-
ject to paragraph (3), the obligation to reimburse 
the United States under an agreement described in 
paragraph (1), including interest due on such obliga-
tion, is for all purposes a debt owing the United 
States. 
‘‘(3) REIMBURSEMENT.— 
‘‘(A) BANKRUPTCY.—A discharge in bank-
ruptcy under title 11, United States Code, shall 
not release a person from an obligation to reim-
burse the United States required under an 
agreement described in paragraph (1) if the 
final decree of the discharge in bankruptcy is 
issued within five years after the last day of the 
combined period of service obligation described 
in subparagraphs (A) and (B) of paragraph (1). 
‘‘(B) RELEASE.—The head of an appro-
priate department may release a person, in 
whole or in part, from the obligation to reim-
burse the United States under an agreement
described in paragraph (1) when, in the discre-
tion of such head of an appropriate department, 
such head of an appropriate department deter-
mines that equity or the interests of the United 
States so require. 
‘‘(C) MONTHLY PAYMENTS.—The head of 
an appropriate department shall permit an em-
ployee assigned under this section who, prior to 
commencing a second academic year of such as-
signment, voluntarily terminates the assignment 
or the employee’s employment with the element 
of the intelligence community that is a compo-
nent of such appropriate department, to satisfy 
the employee’s obligation under an agreement 
described in paragraph (1) to reimburse the 
United States by reimbursement according to a 
schedule of monthly payments which results in 
completion of reimbursement by a date five 
years after the date of termination of the as-
signment or employment or earlier at the option 
of the employee. 
‘‘(d) RECRUITMENT.—Efforts by an element of the 
intelligence community to recruit individuals at edu-
cational institutions for participation in the undergraduate 
training program established by this section shall be made
openly and according to the common practices of univer-
sities and employers recruiting at such institutions. 
‘‘(e) INAPPLICATION
OF PROVISIONS
ON TRAIN-
ING.—Chapter 41 of title 5 and subsections (a) and (b) 
of section 3324 of title 31, United States Code, shall not 
apply with respect to this section. 
‘‘(f) REGULATIONS.—A head of the appropriate de-
partment assigning employees in accordance with this sec-
tion may issue such regulations as such head of the appro-
priate department considers necessary to carry out this 
section. 
‘‘(g) RULES OF CONSTRUCTION.— 
‘‘(1) COMPONENT.—For purposes of this sec-
tion— 
‘‘(A) the Office of the Director of National 
Intelligence shall be considered a component of 
such Office; and 
‘‘(B) the Central Intelligence Agency shall 
be considered a component of such Agency. 
‘‘(2) REQUIRED EDUCATION PROGRAMS.—Noth-
ing in this section shall be construed to modify, af-
fect, or supercede any provision of law requiring or 
otherwise authorizing or providing for a training 
program described in this section.
‘‘(h) APPROPRIATE DEPARTMENT DEFINED.—In this 
section, the term ‘appropriate department’ means— 
‘‘(1) with respect to the Office of the Director 
of National Intelligence, the Office of the Director of 
National Intelligence; 
‘‘(2) with respect to the Central Intelligence 
Agency, Central Intelligence Agency; and 
‘‘(3) with respect to an element of the intel-
ligence community other than the Office of the Di-
rector of National Intelligence and the Central Intel-
ligence Agency, the department of the Federal Gov-
ernment of which such element of the intelligence 
community is a component.’’. 
(2) CONFORMING AMENDMENT.—The table of 
contents in the first section of the National Security 
Act of 1947 (50 U.S.C. 401 et seq.) is amended by 
inserting after the item relating to section 1021 the 
following new item: 
‘‘Sec. 1022. Intelligence community acquisition of critical skills.’’. 
SEC. 320. COMPREHENSIVE NATIONAL CYBERSECURITY 
INITIATIVE ADVISORY PANEL. 
Not later than February 1, 2009, the President shall 
submit to Congress a report on options for creating an 
advisory panel comprised of representatives of Congress, 
the Executive Branch, and the private sector to make pol-
icy and procedural recommendations for—