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(b) REPEAL OF SUPERSEDED AUTHORITY TO ESTAB-
LISH POSITION.—Section 8K of the Inspector General Act
of 1978 (5 U.S.C. App.) is repealed.
(c) EXECUTIVE SCHEDULE LEVEL IV.—Section 5314
of title 5, United States Code, is amended by adding at
the end the following new item:
‘‘Inspector General of the Intelligence Commu-
nity.’’.
SEC. 411. LEADERSHIP AND LOCATION OF CERTAIN OF-
FICES AND OFFICIALS.
(a) NATIONAL COUNTER PROLIFERATION CENTER.—
Section 119A(a) of the National Security Act of 1947 (50
U.S.C. 404o–1(a)) is amended—
(1) by striking ‘‘(a) ESTABLISHMENT.—Not later
than 18 months after the date of the enactment of the
National Security Intelligence Reform Act of 2004,
the’’ and inserting the following:
‘‘(a) IN GENERAL.—
‘‘(1) ESTABLISHMENT.—The’’; and
(2) by adding at the end the following new para-
graphs:
‘‘(2) DIRECTOR.—The head of the National
Counter Proliferation Center shall be the Director of
the National Counter Proliferation Center, who shall
be appointed by the Director of National Intelligence.
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‘‘(3) LOCATION.—The National Counter Pro-
liferation Center shall be located within the Office of
the Director of National Intelligence.’’.
(b) OFFICERS.—Section 103(c) of that Act (50 U.S.C.
403–3(c)) is amended—
(1) by redesignating paragraph (9) as para-
graph (13); and
(2) by inserting after paragraph (8) the fol-
lowing new paragraphs:
‘‘(9) The Chief Information Officer of the Intel-
ligence Community.
‘‘(10) The Inspector General of the Intelligence
Community.
‘‘(11) 
The 
Director 
of 
the 
National
Counterterrorism Center.
‘‘(12) The Director of the National Counter Pro-
liferation Center.’’.
SEC. 412. NATIONAL SPACE INTELLIGENCE OFFICE.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—Title I of the National Secu-
rity Act of 1947 (50 U.S.C. 401 et seq.) is amended
by adding at the end the following new section:
‘‘NATIONAL SPACE INTELLIGENCE OFFICE
‘‘SEC. 119C. (a) ESTABLISHMENT.—There is estab-
lished within the Office of the Director of National Intel-
ligence a National Space Intelligence Office.
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‘‘(b) DIRECTOR OF NATIONAL SPACE INTELLIGENCE
OFFICE.—The National Intelligence Officer for Science and
Technology, or a successor position designated by the Direc-
tor of National Intelligence, shall act as the Director of the
National Space Intelligence Office.
‘‘(c) MISSIONS.—The National Space Intelligence Of-
fice shall have the following missions:
‘‘(1) To coordinate and provide policy direction
for the management of space-related intelligence as-
sets.
‘‘(2) To prioritize collection activities consistent
with the National Intelligence Collection Priorities
framework, or a successor framework or other docu-
ment designated by the Director of National Intel-
ligence.
‘‘(3) To provide policy direction for programs
designed to ensure a sufficient cadre of government
and nongovernment personnel in fields relating to
space intelligence, including programs to support edu-
cation, recruitment, hiring, training, and retention of
qualified personnel.
‘‘(4) To evaluate independent analytic assess-
ments of threats to classified United States space in-
telligence systems throughout all phases of the develop-
ment, acquisition, and operation of such systems.
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‘‘(d) ACCESS TO INFORMATION.—The Director of Na-
tional Intelligence shall ensure that the National Space In-
telligence Office has access to all national intelligence infor-
mation (as appropriate), and such other information (as
appropriate and practical), necessary for the Office to carry
out the missions of the Office under subsection (c).
‘‘(e) SEPARATE BUDGET ACCOUNT.—The Director of
National Intelligence shall include in the National Intel-
ligence Program budget a separate line item for the Na-
tional Space Intelligence Office.’’.
(2) CLERICAL AMENDMENT.—The table of con-
tents in the first section of the National Security Act
of 1947 is amended by inserting after the item relat-
ing to section 119B the following new item:
‘‘Sec. 119C. National Space Intelligence Office.’’.
(b) REPORT ON ORGANIZATION OF OFFICE.—
(1) REPORT
REQUIRED.—Not later than 180
days after the date of the enactment of this Act, the
Director of the National Space Intelligence Office
shall submit to the Select Committee on Intelligence
of the Senate and the Permanent Select Committee on
Intelligence of the House of Representatives a report
on the organizational structure of the National Space
Intelligence Office established by section 119C of the
National Security Act of 1947 (as added by sub-
section (a)).
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(2) ELEMENTS.—The report required by para-
graph (1) shall include the following:
(A) The proposed organizational structure
of the National Space Intelligence Office.
(B) An identification of key participants in
the Office.
(C) A strategic plan for the Office during
the five-year period beginning on the date of the
report.
SEC. 413. OPERATIONAL FILES IN THE OFFICE OF THE DI-
RECTOR OF NATIONAL INTELLIGENCE.
(a) IN GENERAL.—Title VII of the National Security
Act of 1947 (50 U.S.C. 431 et seq.) is amended by adding
at the end the following new section:
‘‘PROTECTION OF CERTAIN FILES OF THE OFFICE OF THE
DIRECTOR OF NATIONAL INTELLIGENCE
‘‘SEC. 706. (a) RECORDS FROM EXEMPTED OPER-
ATIONAL FILES.—(1) Any record disseminated or otherwise
provided to an element of the Office of the Director of Na-
tional Intelligence from the exempted operational files of
elements of the intelligence community designated in ac-
cordance with this title, and any operational files created
by the Office of the Director of National Intelligence that
incorporate such record in accordance with subparagraph
(A)(ii), shall be exempted from the provisions of section 552
of title 5, United States Code that require search, review,
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publication or disclosure in connection therewith, in any
instance in which—
‘‘(A)(i) such record is shared within the Office of
the Director of National Intelligence and not dissemi-
nated by that Office beyond that Office; or
‘‘(ii) such record is incorporated into new
records created by personnel of the Office of the Direc-
tor of National Intelligence and maintained in oper-
ational files of the Office of the Director of National
Intelligence and such record is not disseminated by
that Office beyond that Office; and
‘‘(B) the operational files from which such record
has been obtained continue to remain designated as
operational files exempted from section 552 of title 5,
United States Code.
‘‘(2) The operational files of the Office of the Director
of National Intelligence referred to in paragraph (1)(A)(ii)
shall be similar in nature to the originating operational
files from which the record was disseminated or provided,
as such files are defined in this title.
‘‘(3) Records disseminated or otherwise provided to the
Office of the Director of National Intelligence from other
elements of the intelligence community that are not pro-
tected by paragraph (1), and that are authorized to be dis-
seminated beyond the Office of the Director of National In-
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telligence, shall remain subject to search and review under
section 552 of title 5, United States Code, but may continue
to be exempted from the publication and disclosure provi-
sions of that section by the originating agency to the extent
that such section permits.
‘‘(4) Notwithstanding any other provision of this title,
records in the exempted operational files of the Central In-
telligence Agency, the National Geospatial-Intelligence
Agency, the National Reconnaissance Office, the National
Security Agency, or the Defense Intelligence Agency shall
not be subject to the search and review provisions of section
552 of title 5, United States Code, solely because they have
been disseminated to an element or elements of the Office
of the Director of National Intelligence, or referenced in
operational files of the Office of the Director of National
Intelligence and that are not disseminated beyond the Office
of the Director of National Intelligence.
‘‘(5) Notwithstanding any other provision of this title,
the incorporation of records from the operational files of
the Central Intelligence Agency, the National Geospatial-
Intelligence Agency, the National Reconnaissance Office, the
National Security Agency, or the Defense Intelligence Agen-
cy, into operational files of the Office of the Director of Na-
tional Intelligence shall not subject that record or the oper-
ational files of the Central Intelligence Agency, the National
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Geospatial-Intelligence Agency, the National Reconnais-
sance Office, the National Security Agency or the Defense
Intelligence Agency to the search and review provisions of
section 552 of title 5, United States Code.
‘‘(b) OTHER RECORDS.—(1) Files in the Office of the
Director of National Intelligence that are not exempted
under subsection (a) of this section which contain informa-
tion derived or disseminated from exempted operational
files shall be subject to search and review under section 552
of title 5, United States Code.
‘‘(2) The inclusion of information from exempted oper-
ational files in files of the Office of the Director of National
Intelligence that are not exempted under subsection (a) shall
not affect the exemption of the originating operational files
from search, review, publication, or disclosure.
‘‘(3) Records from exempted operational files of the Of-
fice of the Director of National Intelligence which have been
disseminated to and referenced in files that are not exempt-
ed under subsection (a), and which have been returned to
exempted operational files of the Office of the Director of
National Intelligence for sole retention, shall be subject to
search and review.
‘‘(c) SEARCH AND REVIEW FOR CERTAIN PURPOSES.—
Notwithstanding subsection (a), exempted operational files
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shall continue to be subject to search and review for infor-
mation concerning any of the following:
‘‘(1) United States citizens or aliens lawfully ad-
mitted for permanent residence who have requested
information on themselves pursuant to the provisions
of section 552 or 552a of title 5, United States Code.
‘‘(2) Any special activity the existence of which
is not exempt from disclosure under the provisions of
section 552 of title 5, United States Code.
‘‘(3) The specific subject matter of an investiga-
tion by any of the following for any impropriety, or
violation of law, Executive order, or Presidential di-
rective, in the conduct of an intelligence activity:
‘‘(A) The Select Committee on Intelligence
of the Senate.
‘‘(B) The Permanent Select Committee on
Intelligence of the House of Representatives.
‘‘(C) The Intelligence Oversight Board.
‘‘(D) The Department of Justice.
‘‘(E) The Office of the Director of National
Intelligence.
‘‘(F) The Office of the Inspector General of
the Intelligence Community.
‘‘(d) DECENNIAL
REVIEW
OF
EXEMPTED
OPER-
ATIONAL FILES.—(1) Not less than once every 10 years, the
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Director of National Intelligence shall review the oper-
ational files exempted under subsection (a) to determine
whether such files, or any portion of such files, may be re-
moved from the category of exempted files.
‘‘(2) The review required by paragraph (1) shall in-
clude consideration of the historical value or other public
interest in the subject matter of the particular category of
files or portions thereof and the potential for declassifying
a significant part of the information contained therein.
‘‘(3) A complainant that alleges that Director of Na-
tional Intelligence has improperly withheld records because
of failure to comply with this subsection may seek judicial
review in the district court of the United States of the dis-
trict in which any of the parties reside, or in the District
of Columbia. In such a proceeding, the court’s review shall
be limited to determining the following:
‘‘(A) Whether the Director has conducted the re-
view required by paragraph (1) before the expiration
of the 10-year period beginning on the date of the en-
actment of the Intelligence Authorization Act for Fis-
cal Year 2008 or before the expiration of the 10-year
period beginning on the date of the most recent re-
view.
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‘‘(B) Whether the Director of National Intel-
ligence, in fact, considered the criteria set forth in
paragraph (2) in conducting the required review.
‘‘(e) SUPERSEDURE OF OTHER LAWS.—The provisions
of this section may not be superseded except by a provision
of law that is enacted after the date of the enactment of
this section and that specifically cites and repeals or modi-
fies such provisions.
‘‘(f) APPLICABILITY.—The Director of National Intel-
ligence will publish a regulation listing the specific elements
within the Office of the Director of National Intelligence
whose records can be exempted from search and review
under this section.
‘‘(g) ALLEGATION; IMPROPER
WITHHOLDING
OF
RECORDS; JUDICIAL REVIEW.—(1) Except as provided in
paragraph (2), whenever any person who has requested
agency records under section 552 of title 5, United States
Code, alleges that the Office of the Director of National In-
telligence has withheld records improperly because of failure
to comply with any provision of this section, judicial review
shall be available under the terms set forth in section
552(a)(4)(B) of title 5, United States Code.
‘‘(2) Judicial review shall not be available in the man-
ner provided for under paragraph (1) as follows: