HR 5959 PCS 
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 
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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. 
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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)). 
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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. 
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(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 
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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 
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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 
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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 
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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-
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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’’. 
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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 
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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. 
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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-
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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: 
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‘‘(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 
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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 
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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 
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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; 
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(H) a description of positions that will be 
converted from contractor employment to gov-
ernment employment; 
(I) an analysis of the oversight and ac-
countability mechanisms applicable to personal 
services contracts awarded for intelligence ac-
tivities by each element of the intelligence com-
munity during fiscal years 2006 and 2007; 
(J) an analysis of procedures in use in the 
intelligence community for conducting oversight 
of contractors to ensure identification and pros-
ecution of criminal violations, financial waste, 
fraud, or other abuses committed by contractors 
or contract personnel; and 
(K) an identification of best practices for 
oversight and accountability mechanisms appli-
cable to personal services contracts. 
(2) ACTIVITIES.—Activities described in this 
paragraph are the following: 
(A) Intelligence collection. 
(B) Intelligence analysis. 
(C) Covert actions, including rendition, de-
tention, and interrogation activities. 
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SEC. 307. REPORT ON PROPOSED PAY FOR PERFORMANCE 
INTELLIGENCE 
COMMUNITY 
PERSONNEL 
MANAGEMENT SYSTEM. 
(a) PROHIBITION ON PAY FOR PERFORMANCE UNTIL 
REPORT.—The Director of National Intelligence and the 
head of an element of the intelligence community may not 
implement a plan that provides compensation to personnel 
of that element of the intelligence community based on 
performance until the date that is 45 days after the date 
on which the Director of National Intelligence submits a 
report for that element under subsection (b). 
(b) REPORT.—The Director of National Intelligence 
shall submit to Congress a report on performance-based 
compensation for each element of the intelligence commu-
nity, including, with respect to each such element— 
(1) a description of a proposed employee advi-
sory group to advise management on the implemen-
tation and management of a pay for performance 
system in that element, including the scope of re-
sponsibility of the group and the plan for the ele-
ment for ensuring diversity in the selection of mem-
bers of the advisory group; 
(2) a certification that all managers who will 
participate in setting performance standards and 
pay pool administration have been trained on the im-
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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; 
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(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— 
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‘‘(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 
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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. 
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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 
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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)).’’. 
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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— 
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(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-
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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 
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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 
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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: 
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‘‘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; 
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‘‘(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) 
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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 
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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 
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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. 
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‘‘(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— 
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(1) information security for the Federal Gov-
ernment; 
(2) critical infrastructure; 
(3) the authorities, roles, responsibilities of the 
intelligence community, Department of Homeland 
Security, and Department of Defense for purposes 
of 
supporting 
the 
Comprehensive 
National 
Cybersecurity Initiative as described in National Se-
curity Policy Directive 54/Homeland Security Policy 
Directive 23 entitled ‘‘Cybersecurity Policy’’ signed 
by the President on January 8, 2008; and 
(4) other matters related to paragraphs (1) 
through (3) as the President considers appropriate. 
SEC. 321. EXCEPTION TO ALTERNATIVE FUEL PROCURE-
MENT REQUIREMENT. 
Section 526(a) of the Energy Independence and Se-
curity Act of 2007 (42 U.S.C. 17142(a)) does not prohibit 
an element of the intelligence community from entering 
into a contract to purchase a generally available fuel that 
is not an alternative or synthetic fuel or predominantly 
produced from a nonconventional petroleum source, if— 
(1) the contract does not specifically require the 
contractor to provide an alternative or synthetic fuel 
or fuel from a nonconventional petroleum source; 
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(2) the purpose of the contract is not to obtain 
an alternative or synthetic fuel or fuel from a non-
conventional petroleum source; and 
(3) the contract does not provide incentives for 
a refinery upgrade or expansion to allow a refinery 
to use or increase its use of fuel from a nonconven-
tional petroleum source. 
TITLE IV—MATTERS RELATING 
TO ELEMENTS OF THE INTEL-
LIGENCE COMMUNITY 
Subtitle A—Office of the Director 
of National Intelligence 
SEC. 401. CLARIFICATION OF LIMITATION ON COLOCATION 
OF THE OFFICE OF THE DIRECTOR OF NA-
TIONAL INTELLIGENCE. 
Section 103(e) of the National Security Act of 1947 
(50 U.S.C. 403–3(e)) is amended— 
(1) by striking ‘‘WITH’’ and inserting ‘‘OF 
HEADQUARTERS WITH HEADQUARTERS OF’’; 
(2) by inserting ‘‘the headquarters of’’ before 
‘‘the Office’’; and 
(3) by striking ‘‘any other element’’ and insert-
ing ‘‘the headquarters of any other element’’. 
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SEC. 402. MEMBERSHIP OF THE DIRECTOR OF NATIONAL 
INTELLIGENCE ON THE TRANSPORTATION 
SECURITY OVERSIGHT BOARD. 
Subparagraph (F) of section 115(b)(1) of title 49, 
United States Code, is amended to read as follows: 
‘‘(F) The Director of National Intel-
ligence.’’. 
SEC. 403. ADDITIONAL DUTIES OF THE DIRECTOR OF 
SCIENCE AND TECHNOLOGY. 
Section 103E of the National Security Act of 1947 
(50 U.S.C. 403–3e) is amended— 
(1) in subsection (c)— 
(A) by redesignating paragraph (5) as 
paragraph (7); 
(B) in paragraph (4), by striking ‘‘and’’ at 
the end; and 
(C) by inserting after paragraph (4) the 
following: 
‘‘(5) assist the Director in establishing goals for 
basic, applied, and advanced research to meet the 
technology needs of the intelligence community; 
‘‘(6) submit to the congressional intelligence 
committees an annual report on the science and 
technology strategy of the Director that shows re-
sources mapped to the goals of the intelligence com-
munity; and’’; and 
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(2) in subsection (d)(3)— 
(A) in subparagraph (A)— 
(i) by inserting ‘‘and prioritize’’ after 
‘‘coordinate’’; and 
(ii) by striking ‘‘; and’’ and inserting 
‘‘;’’; 
(B) by redesignating subparagraph (B) as 
subparagraph (C); and 
(C) by inserting after subparagraph (A) 
the following new subparagraph: 
‘‘(B) identify basic, advanced, and applied 
research programs to be executed by elements 
of the intelligence community; and’’. 
SEC. 404. LEADERSHIP AND LOCATION OF CERTAIN OF-
FICES AND OFFICIALS. 
(a) NATIONAL
COUNTER
PROLIFERATION
CEN-
TER.—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 enact-
ment of the National Security Intelligence Reform 
Act of 2004, the’’ and inserting the following: 
‘‘(a) IN GENERAL.— 
‘‘(1) ESTABLISHMENT.—The’’; and 
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(2) by adding at the end the following new 
paragraphs: 
‘‘(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 Intel-
ligence. 
‘‘(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 
Proliferation Center.’’. 
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SEC. 405. PLAN TO IMPLEMENT RECOMMENDATIONS OF 
THE DATA CENTER ENERGY EFFICIENCY RE-
PORTS. 
(a) PLAN.—The Director of National Intelligence 
shall develop a plan to implement the recommendations 
of the report submitted to Congress under section 1 of 
the Act entitled ‘‘An Act to study and promote the use 
of energy efficient computer servers in the United States’’ 
(Public Law 109–431; 120 Stat. 2920) across the intel-
ligence community. 
(b) REPORT.— 
(1) IN GENERAL.—Not later then November 1, 
2008, the Director of National Intelligence shall 
submit to the congressional intelligence committees a 
report containing the plan developed under sub-
section (a). 
(2) FORM.—The report under paragraph (1) 
shall be submitted in unclassified form, but may 
contain a classified annex. 
SEC. 406. SEMIANNUAL REPORTS ON NUCLEAR PROGRAMS 
OF IRAN, SYRIA, AND NORTH KOREA. 
(a) REPORTS.— 
(1) IN GENERAL.—Title V of the National Se-
curity Act of 1947 (50 U.S.C. 413 et seq.), as 
amended by title III, is further amended by adding 
at the end the following new section: 
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‘‘SEMIANNUAL REPORTS ON THE NUCLEAR PROGRAMS OF 
IRAN, SYRIA, AND NORTH KOREA 
‘‘SEC. 509. (a) REQUIREMENT FOR REPORTS.—Not 
less frequently than every 180 days, the Director of Na-
tional Intelligence shall submit to the congressional intel-
ligence committees a report on the intentions and capabili-
ties of the Islamic Republic of Iran, the Syrian Arab Re-
public, and the Democratic People’s Republic of Korea, 
with regard to the nuclear programs of each such country. 
‘‘(b) CONTENT.—Each report submitted under sub-
section (a) shall include, with respect to the Islamic Re-
public of Iran, the Syrian Arab Republic, and the Demo-
cratic People’s Republic of Korea— 
‘‘(1) an assessment of nuclear weapons pro-
grams of each such country; 
‘‘(2) an evaluation, consistent with existing re-
porting standards and practices, of the sources upon 
which the intelligence used to prepare the assess-
ment described in paragraph (1) is based, including 
the number of such sources and an assessment of 
the reliability of each such source; 
‘‘(3) a summary of any intelligence related to 
any such program gathered or developed since the 
previous report was submitted under subsection (a), 
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including intelligence collected from both open and 
clandestine sources for each such country; and 
‘‘(4) a discussion of any dissents, caveats, gaps 
in knowledge, or other information that would re-
duce confidence in the assessment described in para-
graph (1). 
‘‘(c) NATIONAL INTELLIGENCE ESTIMATE.—The Di-
rector of National Intelligence may submit a National In-
telligence Estimate on the intentions and capabilities of 
the Islamic Republic of Iran, the Syrian Arab Republic, 
or the Democratic People’s Republic of Korea in lieu of 
a report required by subsection (a) for that country. 
‘‘(d) FORM.—Each report submitted under sub-
section (a) may be submitted in classified form.’’. 
(2) APPLICABILITY DATE.—The first report re-
quired to be submitted under section 509 of the Na-
tional Security Act of 1947, as added by paragraph 
(1), shall be submitted not later than 30 days after 
the date of the enactment of this Act. 
(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 amended by inserting 
after the item relating to section 508 the following new 
item: 
‘‘Sec. 509. Semiannual reports on the nuclear programs of Iran, Syria, and 
North Korea.’’. 
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SEC. 407. TITLE OF CHIEF INFORMATION OFFICER OF THE 
INTELLIGENCE COMMUNITY. 
Section 103G of the National Security Act of 1947 
(50 U.S.C. 403–3g) is amended— 
(1) in subsection (a), by inserting ‘‘of the Intel-
ligence Community’’ after ‘‘Chief Information Offi-
cer’’; 
(2) in subsection (b), by inserting ‘‘of the Intel-
ligence Community’’ after ‘‘Chief Information Offi-
cer’’; 
(3) in subsection (c), by inserting ‘‘of the Intel-
ligence Community’’ after ‘‘Chief Information Offi-
cer’’; and 
(4) in subsection (d), by inserting ‘‘of the Intel-
ligence Community’’ after ‘‘Chief Information Offi-
cer’’. 
SEC. 408. INSPECTOR GENERAL OF THE INTELLIGENCE 
COMMUNITY. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—Title I of the National Secu-
rity Act of 1947 (50 U.S.C. 402 et seq.) is amended 
by inserting after section 103G the following new 
section: 
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‘‘INSPECTOR GENERAL OF THE INTELLIGENCE 
COMMUNITY 
‘‘SEC. 103H. (a) OFFICE OF INSPECTOR GENERAL 
OF INTELLIGENCE COMMUNITY.—There is within the Of-
fice of the Director of National Intelligence an Office of 
the Inspector General of the Intelligence Community. 
‘‘(b) PURPOSE.—The purpose of the Office of the In-
spector General of the Intelligence Community is to— 
‘‘(1) create an objective and effective office, ap-
propriately accountable to Congress, to initiate and 
conduct independently investigations, inspections, 
and audits on matters within the responsibility and 
authority of the Director of National Intelligence; 
‘‘(2) recommend policies designed— 
‘‘(A) to promote economy, efficiency, and 
effectiveness in the administration and imple-
mentation of matters within the responsibility 
and authority of the Director of National Intel-
ligence; and 
‘‘(B) to prevent and detect fraud and 
abuse in such matters; 
‘‘(3) provide a means for keeping the Director 
of National Intelligence fully and currently informed 
about— 
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‘‘(A) problems and deficiencies relating to 
matters within the responsibility and authority 
of the Director of National Intelligence; and 
‘‘(B) the necessity for, and the progress of, 
corrective actions; and 
‘‘(4) in the manner prescribed by this section, 
ensure that the congressional intelligence committees 
are kept similarly informed of— 
‘‘(A) significant problems and deficiencies 
relating to matters within the responsibility and 
authority of the Director of National Intel-
ligence; and 
‘‘(B) the necessity for, and the progress of, 
corrective actions. 
‘‘(c) INSPECTOR GENERAL OF INTELLIGENCE COM-
MUNITY.—(1) There is an Inspector General of the Intel-
ligence Community, who shall be the head of the Office 
of the Inspector General of the Intelligence Community, 
who shall be appointed by the President, by and with the 
advice and consent of the Senate. 
‘‘(2) The nomination of an individual for appointment 
as Inspector General shall be made— 
‘‘(A) without regard to political affiliation; 
‘‘(B) solely on the basis of integrity, compliance 
with the security standards of the intelligence com-
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munity, and prior experience in the field of intel-
ligence or national security; and 
‘‘(C) on the basis of demonstrated ability in ac-
counting, financial analysis, law, management anal-
ysis, public administration, or auditing. 
‘‘(3) The Inspector General shall report directly to 
and be under the general supervision of the Director of 
National Intelligence. 
‘‘(4) The Inspector General may be removed from of-
fice only by the President. The President shall imme-
diately communicate in writing to the congressional intel-
ligence committees the reasons for the removal of any indi-
vidual from the position of Inspector General. 
‘‘(d) DUTIES
AND RESPONSIBILITIES.—Subject to 
subsections (g) and (h), it shall be the duty and responsi-
bility of the Inspector General of the Intelligence Commu-
nity— 
‘‘(1) to provide policy direction for, and to plan, 
conduct, supervise, and coordinate independently, 
the investigations, inspections, and audits relating to 
matters within the responsibility and authority of 
the Director of National Intelligence to ensure they 
are conducted efficiently and in accordance with ap-
plicable law and regulations; 
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‘‘(2) to keep the Director of National Intel-
ligence fully and currently informed concerning vio-
lations of law and regulations, violations of civil lib-
erties and privacy, fraud and other serious problems, 
abuses, and deficiencies that may occur in matters 
within the responsibility and authority of the Direc-
tor, and to report the progress made in imple-
menting corrective action; 
‘‘(3) to take due regard for the protection of in-
telligence sources and methods in the preparation of 
all reports issued by the Inspector General, and, to 
the extent consistent with the purpose and objective 
of such reports, take such measures as may be ap-
propriate to minimize the disclosure of intelligence 
sources and methods described in such reports; and 
‘‘(4) in the execution of the duties and respon-
sibilities under this section, to comply with generally 
accepted government auditing standards. 
‘‘(e) LIMITATIONS ON ACTIVITIES.—(1) The Director 
of National Intelligence may prohibit the Inspector Gen-
eral of the Intelligence Community from initiating, car-
rying out, or completing any investigation, inspection, or 
audit if the Director determines that such prohibition is 
necessary to protect vital national security interests of the 
United States. 
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‘‘(2) If the Director exercises the authority under 
paragraph (1), the Director shall submit an appropriately 
classified statement of the reasons for the exercise of such 
authority within 7 days to the congressional intelligence 
committees. 
‘‘(3) The Director shall advise the Inspector General 
at the time a report under paragraph (2) is submitted, 
and, to the extent consistent with the protection of intel-
ligence sources and methods, provide the Inspector Gen-
eral with a copy of such report. 
‘‘(4) The Inspector General may submit to the con-
gressional intelligence committees any comments on a re-
port of which the Inspector General has notice under para-
graph (3) that the Inspector General considers appro-
priate. 
‘‘(f) AUTHORITIES.—(1) The Inspector General of 
the Intelligence Community shall have direct and prompt 
access to the Director of National Intelligence when nec-
essary for any purpose pertaining to the performance of 
the duties of the Inspector General. 
‘‘(2)(A) The Inspector General shall have access to 
any employee, or any employee of a contractor, of any ele-
ment of the intelligence community whose testimony is 
needed for the performance of the duties of the Inspector 
General. 
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‘‘(B) The Inspector General shall have direct access 
to all records, reports, audits, reviews, documents, papers, 
recommendations, or other material which relate to the 
programs and operations with respect to which the Inspec-
tor General has responsibilities under this section. 
‘‘(C) The level of classification or compartmentation 
of information shall not, in and of itself, provide a suffi-
cient rationale for denying the Inspector General access 
to any materials under subparagraph (B). 
‘‘(D) Failure on the part of any employee, or any em-
ployee of a contractor, of any element of the intelligence 
community to cooperate with the Inspector General shall 
be grounds for appropriate administrative actions by the 
Director or, on the recommendation of the Director, other 
appropriate officials of the intelligence community, includ-
ing loss of employment or the termination of an existing 
contractual relationship. 
‘‘(3) The Inspector General is authorized to receive 
and investigate complaints or information from any person 
concerning the existence of an activity constituting a viola-
tion of laws, rules, or regulations, or mismanagement, 
gross waste of funds, abuse of authority, or a substantial 
and specific danger to the public health and safety. Once 
such complaint or information has been received from an 
employee of the Federal Government— 
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‘‘(A) the Inspector General shall not disclose 
the identity of the employee without the consent of 
the employee, unless the Inspector General deter-
mines that such disclosure is unavoidable during the 
course of the investigation or the disclosure is made 
to an official of the Department of Justice respon-
sible for determining whether a prosecution should 
be undertaken; and 
‘‘(B) no action constituting a reprisal, or threat 
of reprisal, for making such complaint may be taken 
by any employee in a position to take such actions, 
unless the complaint was made or the information 
was disclosed with the knowledge that it was false 
or with willful disregard for its truth or falsity. 
‘‘(4) The Inspector General shall have authority to 
administer to or take from any person an oath, affirma-
tion, or affidavit, whenever necessary in the performance 
of the duties of the Inspector General, which oath, affir-
mation, or affidavit when administered or taken by or be-
fore an employee of the Office of the Inspector General 
of the Intelligence Community designated by the Inspector 
General shall have the same force and effect as if adminis-
tered or taken by, or before, an officer having a seal. 
‘‘(5)(A) Except as provided in subparagraph (B), the 
Inspector General is authorized to require by subpoena the 
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production of all information, documents, reports, an-
swers, records, accounts, papers, and other data and docu-
mentary evidence necessary in the performance of the du-
ties and responsibilities of the Inspector General. 
‘‘(B) In the case of departments, agencies, and other 
elements of the United States Government, the Inspector 
General shall obtain information, documents, reports, an-
swers, records, accounts, papers, and other data and evi-
dence for the purpose specified in subparagraph (A) using 
procedures other than by subpoenas. 
‘‘(C) The Inspector General may not issue a subpoena 
for, or on behalf of, any other element of the intelligence 
community, including the Office of the Director of Na-
tional Intelligence. 
‘‘(D) In the case of contumacy or refusal to obey a 
subpoena issued under this paragraph, the subpoena shall 
be enforceable by order of any appropriate district court 
of the United States. 
‘‘(g) COORDINATION AMONG INSPECTORS GENERAL 
OF INTELLIGENCE COMMUNITY.—(1)(A) In the event of 
a matter within the jurisdiction of the Inspector General 
of the Intelligence Community that may be subject to an 
investigation, inspection, or audit by both the Inspector 
General of the Intelligence Community and an Inspector 
General, whether statutory or administrative, with over-
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sight responsibility for an element or elements of the intel-
ligence community, the Inspector General of the Intel-
ligence Community and such other Inspector or Inspectors 
General shall expeditiously resolve the question of which 
Inspector General shall conduct such investigation, inspec-
tion, or audit. 
‘‘(B) In attempting to resolve a question under sub-
paragraph (A), the Inspectors General concerned may re-
quest the assistance of the Intelligence Community Inspec-
tors General Forum established under subparagraph (C). 
In the event of a dispute between an Inspector General 
within an agency or department of the United States Gov-
ernment and the Inspector General of the Intelligence 
Community that has not been resolved with the assistance 
of the Forum, the Inspectors General shall submit the 
question to the Director of National Intelligence and the 
head of the agency or department for resolution. 
‘‘(C) There is established the Intelligence Community 
Inspectors General Forum which shall consist of all statu-
tory or administrative Inspectors General with oversight 
responsibility for an element or elements of the intelligence 
community. The Inspector General of the Intelligence 
Community shall serve as the chair of the Forum. The 
Forum shall have no administrative authority over any In-
spector General, but shall serve as a mechanism for in-
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forming its members of the work of individual members 
of the Forum that may be of common interest and dis-
cussing questions about jurisdiction or access to employ-
ees, employees of a contractor, records, audits, reviews, 
documents, recommendations, or other materials that may 
involve or be of assistance to more than one of its mem-
bers. 
‘‘(2) The Inspector General conducting an investiga-
tion, inspection, or audit covered by paragraph (1) shall 
submit the results of such investigation, inspection, or 
audit to any other Inspector General, including the Inspec-
tor General of the Intelligence Community, with jurisdic-
tion to conduct such investigation, inspection, or audit 
who did not conduct such investigation, inspection, or 
audit. 
‘‘(h) STAFF AND OTHER SUPPORT.—(1) The Inspec-
tor General of the Intelligence Community shall be pro-
vided with appropriate and adequate office space at cen-
tral and field office locations, together with such equip-
ment, office supplies, maintenance services, and commu-
nications facilities and services as may be necessary for 
the operation of such offices. 
‘‘(2)(A) Subject to applicable law and the policies of 
the Director of National Intelligence, the Inspector Gen-
eral shall select, appoint, and employ such officers and em-
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ployees as may be necessary to carry out the functions 
of the Inspector General. The Inspector General shall en-
sure that any officer or employee so selected, appointed, 
or employed has security clearances appropriate for the 
assigned duties of such officer or employee. 
‘‘(B) In making selections under subparagraph (A), 
the Inspector General shall ensure that such officers and 
employees have the requisite training and experience to 
enable the Inspector General to carry out the duties of 
the Inspector General effectively. 
‘‘(C) In meeting the requirements of this paragraph, 
the Inspector General shall create within the Office of the 
Inspector General of the Intelligence Community a career 
cadre of sufficient size to provide appropriate continuity 
and objectivity needed for the effective performance of the 
duties of the Inspector General. 
‘‘(3)(A) Subject to the concurrence of the Director, 
the Inspector General may request such information or as-
sistance as may be necessary for carrying out the duties 
and responsibilities of the Inspector General from any de-
partment, agency, or other element of the United States 
Government. 
‘‘(B) Upon request of the Inspector General for infor-
mation or assistance under subparagraph (A), the head 
of the department, agency, or element concerned shall, in-
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sofar as is practicable and not in contravention of any ex-
isting statutory restriction or regulation of the depart-
ment, agency, or element, furnish to the Inspector Gen-
eral, or to an authorized designee, such information or as-
sistance. 
‘‘(C) The Inspector General of the Intelligence Com-
munity may, upon reasonable notice to the head of any 
element of the intelligence community, conduct, as author-
ized by this section, an investigation, inspection, or audit 
of such element and may enter into any place occupied 
by such element for purposes of the performance of the 
duties of the Inspector General. 
‘‘(i) REPORTS.—(1)(A) The Inspector General of the 
Intelligence Community shall, not later than January 31 
and July 31 of each year, prepare and submit to the Di-
rector of National Intelligence a classified, and, as appro-
priate, unclassified semiannual report summarizing the ac-
tivities of the Office of the Inspector General of the Intel-
ligence Community during the immediately preceding 6- 
month period ending December 31 (of the preceding year) 
and June 30, respectively. The Inspector General of the 
Intelligence Community shall provide any portion of the 
report involving a component of a department of the 
United States Government to the head of that department 
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simultaneously with submission of the report to the Direc-
tor of National Intelligence. 
‘‘(B) Each report under this paragraph shall include, 
at a minimum, the following: 
‘‘(i) A list of the title or subject of each inves-
tigation, inspection, or audit conducted during the 
period covered by such report, including a summary 
of the progress of each particular investigation, in-
spection, or audit since the preceding report of the 
Inspector General under this paragraph. 
‘‘(ii) A description of significant problems, 
abuses, and deficiencies relating to the administra-
tion and implementation of programs and operations 
of the intelligence community, and in the relation-
ships between elements of the intelligence commu-
nity, identified by the Inspector General during the 
period covered by such report. 
‘‘(iii) A description of the recommendations for 
corrective or disciplinary action made by the Inspec-
tor General during the period covered by such report 
with respect to significant problems, abuses, or defi-
ciencies identified in clause (ii). 
‘‘(iv) A statement whether or not corrective or 
disciplinary action has been completed on each sig-
nificant recommendation described in previous semi-
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annual reports, and, in a case where corrective ac-
tion has been completed, a description of such cor-
rective action. 
‘‘(v) A certification whether or not the Inspec-
tor General has had full and direct access to all in-
formation relevant to the performance of the func-
tions of the Inspector General. 
‘‘(vi) A description of the exercise of the sub-
poena authority under subsection (f)(5) by the In-
spector General during the period covered by such 
report. 
‘‘(vii) Such recommendations as the Inspector 
General considers appropriate for legislation to pro-
mote economy, efficiency, and effectiveness in the 
administration and implementation of matters within 
the responsibility and authority of the Director of 
National Intelligence, and to detect and eliminate 
fraud and abuse in such matters. 
‘‘(C) Not later than the 30 days after the date of 
receipt of a report under subparagraph (A), the Director 
shall transmit the report to the congressional intelligence 
committees together with any comments the Director con-
siders appropriate. The Director shall transmit to the 
committees of the Senate and of the House of Representa-
tives with jurisdiction over a department of the United 
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States Government any portion of the report involving a 
component of such department simultaneously with sub-
mission of the report to the congressional intelligence com-
mittees. 
‘‘(2)(A) The Inspector General shall report imme-
diately to the Director whenever the Inspector General be-
comes aware of particularly serious or flagrant problems, 
abuses, or deficiencies relating to matters within the re-
sponsibility and authority of the Director of National In-
telligence. 
‘‘(B) The Director shall transmit to the congressional 
intelligence committees each report under subparagraph 
(A) within 7 calendar days of receipt of such report, to-
gether with such comments as the Director considers ap-
propriate. The Director shall transmit to the committees 
of the Senate and of the House of Representatives with 
jurisdiction over a department of the United States Gov-
ernment any portion of each report under subparagraph 
(A) that involves a problem, abuse, or deficiency related 
to a component of such department simultaneously with 
transmission of the report to the congressional intelligence 
committees. 
‘‘(3) In the event that— 
‘‘(A) the Inspector General is unable to resolve 
any differences with the Director affecting the exe-
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cution of the duties or responsibilities of the Inspec-
tor General; 
‘‘(B) an investigation, inspection, or audit car-
ried out by the Inspector General focuses on any 
current or former intelligence community official 
who— 
‘‘(i) holds or held a position in an element 
of the intelligence community that is subject to 
appointment by the President, whether or not 
by and with the advice and consent of the Sen-
ate, including such a position held on an acting 
basis; 
‘‘(ii) holds or held a position in an element 
of the intelligence community, including a posi-
tion held on an acting basis, that is appointed 
by the Director of National Intelligence; or 
‘‘(iii) holds or held a position as head of an 
element of the intelligence community or a posi-
tion covered by subsection (b) or (c) of section 
106; 
‘‘(C) a matter requires a report by the Inspec-
tor General to the Department of Justice on possible 
criminal conduct by a current or former official de-
scribed in subparagraph (B); 
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‘‘(D) the Inspector General receives notice from 
the Department of Justice declining or approving 
prosecution of possible criminal conduct of any cur-
rent or former official described in subparagraph 
(B); or 
‘‘(E) the Inspector General, after exhausting all 
possible alternatives, is unable to obtain significant 
documentary information in the course of an inves-
tigation, inspection, or audit, 
the Inspector General shall immediately notify and submit 
a report on such matter to the congressional intelligence 
committees. 
‘‘(4) Pursuant to title V, the Director shall submit 
to the congressional intelligence committees any report or 
findings and recommendations of an investigation, inspec-
tion, or audit conducted by the office which has been re-
quested by the Chairman or Vice Chairman or Ranking 
Minority Member of either committee. 
‘‘(5)(A) An employee of an element of the intelligence 
community, an employee assigned or detailed to an ele-
ment of the intelligence community, or an employee of a 
contractor to the intelligence community who intends to 
report to Congress a complaint or information with respect 
to an urgent concern may report such complaint or infor-
mation to the Inspector General. 
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‘‘(B) Not later than the end of the 14-calendar day 
period beginning on the date of receipt from an employee 
of a complaint or information under subparagraph (A), 
the Inspector General shall determine whether the com-
plaint or information appears credible. Upon making such 
a determination, the Inspector General shall transmit to 
the Director a notice of that determination, together with 
the complaint or information. 
‘‘(C) Upon receipt of a transmittal from the Inspector 
General under subparagraph (B), the Director shall, with-
in 7 calendar days of such receipt, forward such trans-
mittal to the congressional intelligence committees, to-
gether with any comments the Director considers appro-
priate. 
‘‘(D)(i) If the Inspector General does not find cred-
ible under subparagraph (B) a complaint or information 
submitted under subparagraph (A), or does not transmit 
the complaint or information to the Director in accurate 
form under subparagraph (B), the employee (subject to 
clause (ii)) may submit the complaint or information to 
Congress by contacting either or both of the congressional 
intelligence committees directly. 
‘‘(ii) An employee may contact the intelligence com-
mittees directly as described in clause (i) only if the em-
ployee— 
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‘‘(I) before making such a contact, furnishes to 
the Director, through the Inspector General, a state-
ment of the employee’s complaint or information and 
notice of the employee’s intent to contact the con-
gressional intelligence committees directly; and 
‘‘(II) obtains and follows from the Director, 
through the Inspector General, direction on how to 
contact the intelligence committees in accordance 
with appropriate security practices. 
‘‘(iii) A member or employee of 1 of the congressional 
intelligence committees who receives a complaint or infor-
mation under clause (i) does so in that member or employ-
ee’s official capacity as a member or employee of such 
committee. 
‘‘(E) The Inspector General shall notify an employee 
who reports a complaint or information to the Inspector 
General under this paragraph of each action taken under 
this paragraph with respect to the complaint or informa-
tion. Such notice shall be provided not later than 3 days 
after any such action is taken. 
‘‘(F) An action taken by the Director or the Inspector 
General under this paragraph shall not be subject to judi-
cial review. 
‘‘(G) In this paragraph, the term ‘urgent concern’ 
means any of the following: 
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‘‘(i) A serious or flagrant problem, abuse, viola-
tion of law or Executive order, or deficiency relating 
to the funding, administration, or operation of an in-
telligence activity involving classified information, 
but does not include differences of opinions con-
cerning public policy matters. 
‘‘(ii) A false statement to Congress, or a willful 
withholding from Congress, on an issue of material 
fact relating to the funding, administration, or oper-
ation of an intelligence activity. 
‘‘(iii) An action, including a personnel action 
described in section 2302(a)(2)(A) of title 5, United 
States Code, constituting reprisal or threat of re-
prisal prohibited under subsection (f)(3)(B) of this 
section in response to an employee’s reporting an ur-
gent concern in accordance with this paragraph. 
‘‘(H) In support of this paragraph, Congress makes 
the findings set forth in paragraphs (1) through (6) of 
section 701(b) of the Intelligence Community Whistle-
blower Protection Act of 1998 (title VII of Public Law 
105–272; 5 U.S.C. App. 8H note). 
‘‘(6) In accordance with section 535 of title 28, 
United States Code, the Inspector General shall report to 
the Attorney General any information, allegation, or com-
plaint received by the Inspector General relating to viola-
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tions of Federal criminal law that involves a program or 
operation of an element of the intelligence community, or 
in the relationships between the elements of the intel-
ligence community, consistent with such guidelines as may 
be issued by the Attorney General pursuant to subsection 
(b)(2) of such section. A copy of each such report shall 
be furnished to the Director. 
‘‘(j) SEPARATE BUDGET ACCOUNT.—The Director of 
National Intelligence shall, in accordance with procedures 
to be issued by the Director in consultation with the con-
gressional intelligence committees, include in the National 
Intelligence Program budget a separate account for the 
Office of Inspector General of the Intelligence Community. 
‘‘(k) CONSTRUCTION OF DUTIES REGARDING ELE-
MENTS OF INTELLIGENCE COMMUNITY.—Except as re-
solved pursuant to subsection (g), the performance by the 
Inspector General of the Intelligence Community of any 
duty, responsibility, or function regarding an element of 
the intelligence community shall not be construed to mod-
ify or effect the duties and responsibilities of any other 
Inspector General, whether statutory or administrative, 
having duties and responsibilities relating to such ele-
ment.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in the first section of the National Security 
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Act of 1947 is amended by inserting after the item 
relating to section 103G the following new item: 
‘‘Sec. 103H. Inspector General of the Intelligence Community.’’. 
(b) REPEAL OF SUPERSEDED AUTHORITY TO ES-
TABLISH POSITION.—Section 8K of the Inspector General 
Act of 1978 (5 U.S.C. App.) is repealed. 
(c) EXECUTIVE
SCHEDULE
LEVEL
IV.—Section 
5315 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. 409. ANNUAL REPORT ON FOREIGN LANGUAGE PRO-
FICIENCY IN THE INTELLIGENCE COMMU-
NITY. 
(a) REPORT.— 
(1) IN GENERAL.—Title V of the National Se-
curity Act of 1947 (50 U.S.C. 413 et seq.), as 
amended by section 406 of this Act, is further 
amended by adding at the end the following new sec-
tion: 
‘‘REPORT ON FOREIGN LANGUAGE PROFICIENCY IN THE 
INTELLIGENCE COMMUNITY 
‘‘SEC. 510. Not later than February 1 of each year, 
the Director of National Intelligence shall submit to the 
congressional intelligence committees a report on the pro-
ficiency in foreign languages and, if appropriate, in foreign 
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dialects of each element of the intelligence community, in-
cluding— 
‘‘(1) the number of positions authorized for 
such element that require foreign language pro-
ficiency and the level of proficiency required; 
‘‘(2) an estimate of the number of such posi-
tions that each element will require during the 5- 
year period beginning on the date of the submission 
of the report; 
‘‘(3) the number of positions authorized for 
such element that require foreign language pro-
ficiency that are filled by— 
‘‘(A) military personnel; and 
‘‘(B) civilian personnel; 
‘‘(4) the number of applicants for positions in 
such element in the previous fiscal year that indi-
cated foreign language proficiency, including the for-
eign language indicated and the proficiency level; 
‘‘(5) the number of persons hired by such ele-
ment with foreign language proficiency, including 
the foreign language and proficiency level; 
‘‘(6) the number of personnel of such element 
currently attending foreign language training, in-
cluding the provider of such training; 
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‘‘(7) a description of such element’s efforts to 
recruit, hire, train, and retain personnel that are 
proficient in a foreign language; 
‘‘(8) an assessment of methods and models for 
basic, advanced, and intensive foreign language 
training; 
‘‘(9) for each foreign language and, where ap-
propriate, dialect of a foreign language— 
‘‘(A) the number of positions of such ele-
ment that require proficiency in the foreign lan-
guage or dialect; 
‘‘(B) the number of personnel of such ele-
ment that are serving in a position that re-
quires proficiency in the foreign language or 
dialect to perform the primary duty of the posi-
tion; 
‘‘(C) the number of personnel of such ele-
ment that are serving in a position that does 
not require proficiency in the foreign language 
or dialect to perform the primary duty of the 
position; 
‘‘(D) the number of personnel of such ele-
ment rated at each level of proficiency of the 
Interagency Language Roundtable; 
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‘‘(E) whether the number of personnel at 
each level of proficiency of the Interagency 
Language Roundtable meets the requirements 
of such element; 
‘‘(F) the number of personnel serving or 
hired to serve as linguists for such element that 
are not qualified as linguists under the stand-
ards of the Interagency Language Roundtable; 
‘‘(G) the number of personnel hired to 
serve as linguists for such element during the 
preceding calendar year; 
‘‘(H) the number of personnel serving as 
linguists that discontinued serving such element 
during the preceding calendar year; 
‘‘(I) the percentage of work requiring lin-
guistic skills that is fulfilled by an ally of the 
United States; and 
‘‘(J) the percentage of work requiring lin-
guistic skills that is fulfilled by contractors; 
‘‘(10) an assessment of the foreign language ca-
pacity and capabilities of the intelligence community 
as a whole; 
‘‘(11) recommendations for eliminating required 
reports relating to foreign-language proficiency that 
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the Director of National Intelligence considers out-
dated or no longer relevant; and 
‘‘(12) an assessment of the feasibility of em-
ploying foreign nationals lawfully present in the 
United States who have previously worked as trans-
lators or interpreters for the Armed Forces or an-
other department or agency of the Federal Govern-
ment in Iraq or Afghanistan to meet the critical lan-
guage needs of such element.’’. 
(2) REPORT DATE.—Section 507(a)(1) of such 
Act (50 U.S.C. 415b(a)(1)) is amended— 
(A) by redesignating subparagraph (N) as 
subparagraph (J); and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(K) The annual report on foreign language 
proficiency in the intelligence community required by 
section 510.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents in the first section of such Act is further amended 
by inserting after the item relating to section 509 the fol-
lowing new item: 
‘‘Sec. 510. Report on foreign language proficiency in the intelligence commu-
nity.’’. 
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SEC. 410. REPEAL OF CERTAIN AUTHORITIES RELATING TO 
THE OFFICE OF THE NATIONAL COUNTER-
INTELLIGENCE EXECUTIVE. 
(a) REPEAL
OF CERTAIN AUTHORITIES.—Section 
904 of the Counterintelligence Enhancement Act of 2002 
(title IX of Public Law 107–306; 50 U.S.C. 402c) is 
amended— 
(1) by striking subsections (d), (h), (i), and (j); 
and 
(2) by redesignating subsections (e), (f), (g), 
(k), (l), and (m) as subsections (d), (e), (f), (g), (h), 
and (i), respectively; and 
(3) in subsection (f), as redesignated by para-
graph (2), by striking paragraphs (3) and (4). 
(b) CONFORMING AMENDMENTS.—Such section 904 
is further amended— 
(1) in subsection (d), as redesignated by sub-
section (a)(2) of this section, by striking ‘‘subsection 
(f)’’ each place it appears in paragraphs (1) and (2) 
and inserting ‘‘subsection (e)’’; and 
(2) in subsection (e), as so redesignated— 
(A) in paragraph (1), by striking ‘‘sub-
section 
(e)(1)’’ 
and 
inserting 
‘‘subsection 
(d)(1)’’; and 
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(B) in paragraph (2), by striking ‘‘sub-
section 
(e)(2)’’ 
and 
inserting 
‘‘subsection 
(d)(2)’’. 
SEC. 411. NATIONAL INTELLIGENCE ESTIMATE ON WEAP-
ONS OF MASS DESTRUCTION IN SYRIA. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Director of National 
Intelligence shall submit to Congress a National Intel-
ligence Estimate on the history, status, and projected de-
velopment of any weapons of mass destruction develop-
ment program undertaken by the Government of Syria, 
or by any person on behalf of the Government of Syria. 
(b) FORM.—The National Intelligence Estimate re-
quired under subsection (a) may be submitted in classified 
form. 
SEC. 412. REPORT ON INTELLIGENCE RESOURCES DEDI-
CATED TO IRAQ AND AFGHANISTAN. 
Not later than 120 days after the date of the enact-
ment of this Act, the Director of National Intelligence 
shall submit to the congressional intelligence committees 
a report on intelligence collection and analysis resources 
dedicated to Iraq and Afghanistan during fiscal years 
2007 and 2008. Such report shall include detailed infor-
mation on fiscal, human, technical, and other intelligence 
collection and analysis resources. 
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HR 5959 PCS 
SEC. 413. OMBUDSMAN FOR INTELLIGENCE COMMUNITY 
SECURITY CLEARANCES. 
(a) IN GENERAL.—Title I of the National Security 
Act of 1947 (50 U.S.C. 402 et seq.) is amended by insert-
ing after section 103H, as added by section 409 of this 
Act, the following new section: 
‘‘OMBUDSMAN FOR INTELLIGENCE COMMUNITY SECURITY 
CLEARANCES 
‘‘SEC. 103I. (a) APPOINTMENT.—The Director of 
National Intelligence shall appoint an ombudsman for in-
telligence community security clearances. 
‘‘(b) PROVISION OF INFORMATION.—The head of an 
element of the intelligence community shall provide a per-
son applying for a security clearance through or in coordi-
nation with such element with contact information for the 
ombudsman appointed under subsection (a). 
‘‘(c) REPORT.—Not later than November 1 of each 
year, the ombudsman appointed under subsection (a) shall 
submit to the congressional intelligence committees a re-
port containing— 
‘‘(1) the number of persons applying for a secu-
rity clearance who have contacted the ombudsman 
during the preceding 12 months; and 
‘‘(2) a summary of the concerns, complaints, 
and questions received by the ombudsman from per-
sons applying for security clearances.’’. 
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(b) APPOINTMENT DATE.—The Director of National 
Intelligence shall appoint an ombudsman for intelligence 
community security clearances under section 103I(a) of 
the National Security Act of 1947, as added by subsection 
(a), not later than 60 days after the date of the enactment 
of this Act. 
(c) CONFORMING AMENDMENT.—The table of con-
tents in the first section of the National Security Act of 
1947 is further amended by inserting after the item relat-
ing to section 103H the following new item: 
‘‘Sec. 103I. Ombudsman for intelligence community security clearances.’’. 
SEC. 414. SECURITY CLEARANCE RECIPROCITY. 
(a) AUDIT.—The Inspector General of the Intel-
ligence Community shall conduct an audit of the reci-
procity of security clearances in the intelligence commu-
nity. 
(b) REPORT.—Not later than 60 days after the date 
of the enactment of this Act, the Inspector General of the 
Intelligence Community shall submit to the congressional 
intelligence committees a report containing the results of 
the audit conducted under subsection (a). Such report 
shall include an assessment of the time required to obtain 
a reciprocal security clearance for— 
(1) an employee of an element of the intel-
ligence community detailed to another element of the 
intelligence community; 
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(2) an employee of an element of the intel-
ligence community seeking permanent employment 
with another element of the intelligence community; 
and 
(3) a contractor seeking permanent employment 
with an element of the intelligence community. 
SEC. 415. REPORT ON INTERNATIONAL TRAFFIC IN ARMS 
REGULATIONS. 
(a) REPORT.—Not later than February 1, 2009, the 
Director of National Intelligence shall submit to the con-
gressional intelligence committees a report assessing— 
(1) the threat to national security presented by 
the efforts of foreign countries to acquire, through 
espionage, diversion, or other means, sensitive equip-
ment and technology, and the degree to which 
United States export controls (including the Inter-
national Traffic in Arms Regulations) are adequate 
to defeat such efforts; and 
(2) the extent to which United States export 
controls are well matched to the scope of the foreign 
threat such controls are designed to defeat and 
whether other means could more successfully defeat 
such threats. 
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(b) FORM.—The report under subsection (a) shall be 
submitted in unclassified form, but may include a classi-
fied annex. 
(c) INTERNATIONAL TRAFFIC
IN ARMS REGULA-
TIONS DEFINED.—The term ‘‘International Traffic in 
Arms Regulations’’ means those regulations contained in 
parts 120 through 130 of title 22, Code of Federal Regu-
lations (or successor regulations). 
SEC. 416. REPORT ON NUCLEAR TRAFFICKING. 
(a) REPORT.—Not later than February 1, 2009, the 
Director of National Intelligence shall submit to the con-
gressional intelligence committees, the Committee on 
Armed Services and the Committee on Foreign Affairs of 
the House of Representatives, and the Committee on 
Armed Services and the Committee on Foreign Relations 
of the Senate a report on the illicit trade of nuclear and 
radiological material and equipment. 
(b) CONTENTS.—The report submitted under sub-
section (a) shall include, for a period of time including 
at least the preceding three years— 
(1) details of all known or suspected cases of 
the illicit sale, transfer, brokering, or transport of 
nuclear or radiological material or equipment useful 
for the production of nuclear or radiological material 
or nuclear explosive devices; 
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(2) an assessment of the countries that rep-
resent the greatest risk of nuclear trafficking activi-
ties; and 
(3) a discussion of any dissents, caveats, gaps 
in knowledge, or other information that would re-
duce confidence in the assessment referred to in 
paragraph (2). 
(c) FORM.—The report under subsection (a) may be 
submitted in classified form, but shall include an unclassi-
fied summary. 
SEC. 417. STUDY ON REVOKING PENSIONS OF PERSONS 
WHO COMMIT UNAUTHORIZED DISCLOSURES 
OF CLASSIFIED INFORMATION. 
(a) STUDY.—The Director of National Intelligence 
shall conduct a study on the feasibility of revoking the 
pensions of personnel in the intelligence community who 
commit unauthorized disclosures of classified information, 
including whether revoking such pensions is feasible under 
existing law or under the administrative authority of the 
Director of National Intelligence or any other head of an 
element of the intelligence community. 
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Director of National In-
telligence shall submit to the congressional intelligence 
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committees a report containing the results of the study 
conducted under subsection (a). 
SEC. 418. MEMORANDUM TO HOLDERS OF NATIONAL IN-
TELLIGENCE ESTIMATE ON IRAN. 
Not later than 90 days after the date of the enact-
ment of this Act, the Director of National Intelligence 
shall issue a memorandum to holders of the National In-
telligence Estimate entitled ‘‘Iran: Nuclear Intentions and 
Capabilities’’ regarding any intelligence on the nuclear 
program of Iran that has been gathered or emerged since 
the publication of such National Intelligence Estimate in 
October 2007. 
SEC. 419. NATIONAL INTELLIGENCE ESTIMATE ON PRO-
DUCTION AND SALE OF NARCOTICS IN SUP-
PORT OF INTERNATIONAL TERRORISM. 
Not later than 1 year after the date of the enactment 
of this Act, the Director of National Intelligence shall sub-
mit to Congress a National Intelligence Estimate on the 
production and sale of narcotics in support of inter-
national terrorism, including the support the Taliban and 
al Qaeda receive from the sale of narcotics (particularly 
heroin) and the shift in production from opium to hashish 
in Afghanistan. 
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Subtitle B—Central Intelligence 
Agency 
SEC. 421. REVIEW OF COVERT ACTION PROGRAMS BY IN-
SPECTOR GENERAL OF THE CENTRAL INTEL-
LIGENCE AGENCY. 
(a) IN GENERAL.—Section 503 of the National Secu-
rity Act of 1947 (50 U.S.C. 413b) is amended by— 
(1) redesignating subsection (e) as subsection 
(g) and transferring such subsection to the end; and 
(2) by inserting after subsection (d) the fol-
lowing new subsection: 
‘‘(e) INSPECTOR GENERAL AUDITS OF COVERT AC-
TIONS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the Inspector General of the Central Intelligence 
Agency shall conduct an audit of each covert action 
at least every 3 years. Such audits shall be con-
ducted subject to the provisions of paragraphs (3) 
and (4) of subsection (b) of section 17 of the Cen-
tral Intelligence Agency Act of 1949 (50 U.S.C. 
403q). 
‘‘(2) TERMINATED, SUSPENDED PROGRAMS.— 
The Inspector General of the Central Intelligence 
Agency is not required to conduct an audit under 
paragraph (1) of a covert action that has been ter-
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minated or suspended if such covert action was ter-
minated or suspended prior to the last audit of such 
covert action conducted by the Inspector General 
and has not been restarted after the date on which 
such audit was completed. 
‘‘(3) REPORT.—Not later than 60 days after 
the completion of an audit conducted pursuant to 
paragraph (1), the Inspector General of the Central 
Intelligence Agency shall submit to the congressional 
intelligence committees a report containing the re-
sults of such audit.’’. 
(b) CONFORMING AMENDMENTS.—Title V of the Na-
tional Security Act of 1947 (50 U.S.C. 413 et seq.) is 
amended— 
(1) in section 501(f) (50 U.S.C. 413(f)), by 
striking ‘‘503(e)’’ and inserting ‘‘503(g)’’; 
(2) 
in 
section 
502(a)(1) 
(50 
U.S.C. 
413b(a)(1)), by striking ‘‘503(e)’’ and inserting 
‘‘503(g)’’; and 
(3) in section 504(c) (50 U.S.C. 414(c)), by 
striking ‘‘503(e)’’ and inserting ‘‘503(g)’’. 
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SEC. 422. INAPPLICABILITY TO DIRECTOR OF THE CEN-
TRAL INTELLIGENCE AGENCY OF REQUIRE-
MENT FOR ANNUAL REPORT ON PROGRESS 
IN AUDITABLE FINANCIAL STATEMENTS. 
Section 114A of the National Security Act of 1947 
(50 U.S.C. 404i–1) is amended by striking ‘‘the Director 
of the Central Intelligence Agency,’’. 
SEC. 423. 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 Di-
rector for Operations’’ and inserting ‘‘Director of 
the National Clandestine Service’’; 
(3) in subclause (III), by striking ‘‘Deputy Di-
rector for Intelligence’’ and inserting ‘‘Director of 
Intelligence’’; 
(4) in subclause (IV), by striking ‘‘Deputy Di-
rector for Administration’’ and inserting ‘‘Director 
of Support’’; and 
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(5) in subclause (V), by striking ‘‘Deputy Di-
rector for Science and Technology’’ and inserting 
‘‘Director of Science and Technology’’. 
SEC. 424. CLARIFYING AMENDMENTS RELATING TO SEC-
TION 105 OF THE INTELLIGENCE AUTHORIZA-
TION ACT FOR FISCAL YEAR 2004. 
Section 105(b) of the Intelligence Authorization Act 
for Fiscal Year 2004 (Public Law 108–177; 117 Stat. 
2603; 31 U.S.C. 311 note) is amended— 
(1) by striking ‘‘Director of Central Intel-
ligence’’ and inserting ‘‘Director of National Intel-
ligence’’; and 
(2) by inserting ‘‘or in section 313 of such 
title,’’ after ‘‘subsection (a)),’’. 
SEC. 425. PROHIBITION ON THE USE OF PRIVATE CONTRAC-
TORS 
FOR 
INTERROGATIONS 
INVOLVING 
PERSONS IN THE CUSTODY OR CONTROL OF 
THE CENTRAL INTELLIGENCE AGENCY. 
(a) PROHIBITION.—Notwithstanding any other provi-
sion of law, the Director of the Central Intelligence Agency 
shall not expend or obligate funds for payment to any con-
tractor to conduct the interrogation of a detainee or pris-
oner in custody or under the effective control of the Cen-
tral Intelligence Agency. 
(b) EXCEPTION.— 
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(1) IN GENERAL.—The Director of the Central 
Intelligence Agency may request, and the Director of 
National Intelligence may grant, a written waiver of 
the requirement under subsection (a) if the Director 
of the Central Intelligence Agency determines that— 
(A) no employee of the Federal Govern-
ment is— 
(i) capable of performing such interro-
gation; and 
(ii) available to perform such interro-
gation; and 
(B) such interrogation is in the national 
interest of the United States and requires the 
use of a contractor. 
(2) CLARIFICATION OF APPLICABILITY OF CER-
TAIN LAWS.—Any contractor conducting an interro-
gation pursuant to a waiver under paragraph (1) 
shall be subject to all laws on the conduct of interro-
gations that would apply if an employee of the Fed-
eral Government were conducting the interrogation. 
SEC. 426. REPORT ON ACTIVITIES OF THE CENTRAL INTEL-
LIGENCE AGENCY IN ARGENTINA. 
(a) IN GENERAL.—Not later than 270 days after the 
date of the enactment of this Act, the Director of the Cen-
tral Intelligence Agency shall submit to the appropriate 
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congressional committees a report containing the fol-
lowing: 
(1) A description of any information in the pos-
session of the intelligence community with respect to 
the following events in the Republic of Argentina: 
(A) The accession to power by the Military 
of the Republic of Argentina in 1976. 
(B) Violations of human rights committed 
by officers or agents of the Argentine military 
and security forces. 
(C) Operation Condor and the fate of Ar-
gentine people targeted, abducted, or killed dur-
ing such Operation, including Argentine chil-
dren born in captivity whose status remains un-
known. 
(2) All information that may lead to the dis-
covery of the Argentine children born in captivity 
whose status remains unknown. 
(3) A compilation of information referred to in 
paragraphs (1) and (2) that has been declassified. 
(b) UPDATE OF COMPILATION.—Not later than 1 
year after the date on which the report required under 
subsection (a) is submitted, and annually thereafter for 
three years, the Director of the Central Intelligence Agen-
cy shall submit to the appropriate congressional commit-
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tees an update of the compilation referred to in subsection 
(a)(3). 
(c) FORM.—The report required under subsection (a) 
shall be submitted in unclassified form, but may include 
a classified annex. 
(d) DEFINITION.—In this section, the term ‘‘appro-
priate congressional committees’’ means the Permanent 
Select Committee on Intelligence and the Committee on 
Appropriations of the House of Representatives and the 
Select Committee on Intelligence and the Committee on 
Appropriations of the Senate. 
Subtitle C—Defense Intelligence 
Components 
SEC. 431. INTEGRATION OF THE COUNTERINTELLIGENCE 
FIELD ACTIVITY INTO THE DEFENSE INTEL-
LIGENCE AGENCY. 
(a) REPORT.—Not later than November 1, 2008, the 
Under Secretary of Defense for Intelligence shall submit 
to the congressional intelligence and armed services com-
mittees a report outlining the process by which the Coun-
terintelligence Field Activity is to be integrated into the 
Defense Intelligence Agency. Such report shall include— 
(1) a description of the nature of any law en-
forcement authorities to be delegated to the Defense 
Intelligence Agency; 
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(2) the authority under which the delegation of 
authority referred to in paragraph (1) would occur; 
and 
(3) the guidelines for the implementation of 
such law enforcement authorities. 
(b) CONGRESSIONAL INTELLIGENCE
AND ARMED 
SERVICES COMMITTEES.—In this section, the term ‘‘con-
gressional intelligence and armed services committees’’ 
means— 
(1) the Permanent Select Committee on Intel-
ligence of the House of Representatives; 
(2) the Select Committee on Intelligence of the 
Senate; and 
(3) the Committees on Armed Services of the 
House of Representatives and the Senate. 
Subtitle D—Other Elements 
SEC. 441. CLARIFICATION OF INCLUSION OF COAST GUARD 
AND DRUG ENFORCEMENT ADMINISTRATION 
AS ELEMENTS OF THE INTELLIGENCE COM-
MUNITY. 
Section 3(4) of the National Security Act of 1947 (50 
U.S.C. 401a(4)) is amended— 
(1) in subparagraph (H)— 
(A) by inserting ‘‘the Coast Guard,’’ after 
‘‘the Marine Corps,’’; and 
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(B) by inserting ‘‘the Drug Enforcement 
Administration,’’ after ‘‘the Federal Bureau of 
Investigation,’’; and 
(2) in subparagraph (K), by striking ‘‘, includ-
ing the Office of Intelligence of the Coast Guard’’. 
SEC. 442. REPORT ON TRANSFORMATION OF THE INTEL-
LIGENCE CAPABILITIES OF THE FEDERAL 
BUREAU OF INVESTIGATION. 
Not later than 120 days after the date of the enact-
ment of this Act, the Director of the Federal Bureau of 
Investigation shall submit to the congressional intelligence 
committees a report describing the Director’s long term 
vision for transforming the intelligence capabilities of the 
Bureau and the progress of the internal reforms of the 
Bureau intended to achieve that vision. Such report shall 
include— 
(1) the direction, strategy, and goals for trans-
forming the intelligence capabilities of the Bureau; 
(2) a description of what the fully functional in-
telligence and national security functions of the Bu-
reau should entail; 
(3) a candid assessment of the effect of internal 
reforms at the Bureau and whether such reforms 
have moved the Bureau towards achieving the goals 
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of the Director for the intelligence and national se-
curity functions of the Bureau; and 
(4) an assessment of how well the Bureau per-
forms tasks that are critical to the effective func-
tioning of the Bureau as an intelligence agency, in-
cluding— 
(A) identifying new intelligence targets 
within the scope of the national security func-
tions of the Bureau, outside the parameters of 
an existing case file or ongoing investigation; 
(B) collecting intelligence domestically, in-
cluding collection through human and technical 
sources; 
(C) recruiting human sources; 
(D) training Special Agents to spot, assess, 
recruit, and handle human sources; 
(E) working collaboratively with other Fed-
eral departments and agencies to jointly collect 
intelligence on domestic counterterrorism and 
counterintelligence targets; 
(F) producing a common intelligence pic-
ture of domestic threats to the national security 
of the United States; 
(G) producing high quality and timely in-
telligence analysis; 
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(H) integrating intelligence analysts into 
its intelligence collection operations; and 
(I) sharing intelligence information with 
intelligence community partners. 
TITLE V—OTHER MATTERS 
Subtitle A—General Intelligence 
Matters 
SEC. 501. EXTENSION OF NATIONAL COMMISSION FOR THE 
REVIEW OF THE RESEARCH AND DEVELOP-
MENT PROGRAMS OF THE UNITED STATES IN-
TELLIGENCE COMMUNITY. 
(a) EXTENSION.— 
(1) IN
GENERAL.—Subsection (a) of section 
1007 of the Intelligence Authorization Act for Fiscal 
Year 2003 (Public Law 107–306; 116 Stat. 2442) 
is amended by striking ‘‘September 1, 2004’’ and in-
serting ‘‘December 31, 2009’’. 
(2) EFFECTIVE DATE.—Subject to paragraph 
(3), the amendment made by paragraph (1) shall 
take effect as if included in the enactment of such 
section 1007. 
(3) COMMISSION MEMBERSHIP.— 
(A) IN GENERAL.—The membership of the 
National Commission for the Review of the Re-
search and Development Programs of the 
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United States Intelligence Community estab-
lished under subsection (a) of section 1002 of 
such Act (Public Law 107–306; 116 Stat. 
2438) (referred to in this section as the ‘‘Com-
mission’’) shall be considered vacant and new 
members shall be appointed in accordance with 
such section 1002, as amended by subpara-
graph (B). 
(B) TECHNICAL AMENDMENT.—Paragraph 
(1) of section 1002(b) of such Act is amended 
by striking ‘‘The Deputy Director of Central 
Intelligence for Community Management.’’ and 
inserting ‘‘The Principal Deputy Director of 
National Intelligence.’’. 
(4) 
CLARIFICATION
OF
DUTIES.—Section 
1002(i) of such Act is amended in the matter pre-
ceding paragraph (1) by striking ‘‘including—’’ and 
inserting ‘‘including advanced research and develop-
ment programs and activities. Such review shall in-
clude—’’. 
(b) FUNDING.— 
(1) IN GENERAL.—Of the amounts authorized 
to be appropriated by this Act for the Intelligence 
Community Management Account, the Director of 
National Intelligence shall make $2,000,000 avail-
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able to the Commission to carry out title X of the 
Intelligence Authorization Act for Fiscal Year 2003 
(Public Law 107–306; 116 Stat. 2437). 
(2) AVAILABILITY.—Amounts made available to 
the Commission pursuant to paragraph (1) shall re-
main available until expended. 
SEC. 502. AMENDMENTS TO THE NATIONAL SECURITY ACT 
OF 1947. 
(a) GENERAL CONGRESSIONAL OVERSIGHT.—Sec-
tion 501(a) of the National Security Act of 1947 (50 
U.S.C. 413(a)) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(3) In carrying out paragraph (1), the President 
shall provide to the congressional intelligence committees 
all information necessary to assess the lawfulness, effec-
tiveness, cost, benefit, intelligence gain, budgetary author-
ity, and risk of an intelligence activity, including— 
‘‘(A) the legal authority under which the intel-
ligence activity is being or was conducted; 
‘‘(B) any legal issues upon which guidance was 
sought in carrying out or planning the intelligence 
activity, including dissenting legal views; 
‘‘(C) any specific operational concerns arising 
from the intelligence activity, including the risk of 
disclosing intelligence sources or methods; 
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‘‘(D) the likelihood that the intelligence activity 
will exceed the planned or authorized expenditure of 
funds or other resources; and 
‘‘(E) the likelihood that the intelligence activity 
will fail.’’. 
(b) REPORTING ON ACTIVITIES OTHER THAN COV-
ERT ACTIONS.—Section 502 of such Act (50 U.S.C. 413a) 
is amended by adding at the end the following new sub-
section: 
‘‘(d) DISTRIBUTION OF INFORMATION.— 
‘‘(1) REQUEST.—Information or material pro-
vided in accordance with subsection (a) shall be 
made available to each member of the congressional 
intelligence committees, unless the President re-
quests that access to the information or material be 
limited after determining that limiting such access is 
essential to meet extraordinary circumstances affect-
ing vital interests of the United States. A request 
under this paragraph and the extraordinary cir-
cumstances referred to in this paragraph shall be de-
tailed in writing to the Chair and ranking minority 
member of the congressional intelligence committees. 
‘‘(2) DISTRIBUTION.—If the President submits 
a request under paragraph (1), the Chair and rank-
ing minority member of each congressional intel-
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ligence committee may jointly determine whether 
and how to limit access to the information or mate-
rial within such committee. If the Chair and ranking 
minority member of such committee are unable to 
agree on whether or how to limit such access, access 
to the information or material will be limited. Any 
information or material to which access is limited 
shall subsequently be made available to each member 
of the congressional intelligence communities at the 
earliest possible time and shall include a detailed 
statement of the reasons for not providing prior ac-
cess.’’. 
(c) APPROVAL OF COVERT ACTIONS.—Section 503(d) 
of the National Security Act of 1947 (50 U.S.C. 413b(d)) 
is amended— 
(1) by striking ‘‘(d) The President’’ and insert-
ing ‘‘(d)(1) The President’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) For purposes of this subsection, an activity shall 
constitute a ‘significant undertaking’ if the activity— 
‘‘(A) involves the potential for loss of life; 
‘‘(B) requires an expansion of existing authori-
ties, including authorities relating to research, devel-
opment, or operations; 
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‘‘(C) results in the expenditure of significant 
funds or other resources; 
‘‘(D) requires notification under section 504; 
‘‘(E) gives rise to a significant risk of disclosing 
intelligence sources or methods; or 
‘‘(F) could cause serious damage to the diplo-
matic relations of the United States if such activity 
were disclosed without authorization.’’. 
SEC. 503. REPORT ON FINANCIAL INTELLIGENCE ON TER-
RORIST ASSETS. 
(a) ANNUAL REPORTS.—Section 118 of the National 
Security Act of 1947 (50 U.S.C. 404m) is amended— 
(1) in the heading, by striking ‘‘SEMIANNUAL’’ 
and inserting ‘‘ANNUAL’’; and 
(2) in subsection (a)— 
(A) in the heading, by striking ‘‘SEMI-
ANNUAL’’ and inserting ‘‘ANNUAL’’; 
(B) in the matter preceding paragraph 
(1)— 
(i) by striking ‘‘semiannual basis’’ and 
inserting ‘‘annual basis’’; and 
(ii) by striking ‘‘preceding six-month 
period’’ and inserting ‘‘preceding year’’; 
(C) by striking paragraph (2); and 
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(D) by redesignating paragraphs (3) and 
(4) as paragraphs (2) and (3), respectively. 
(b) CONFORMING AMENDMENT.—Section 507 of the 
National Security Act of 1947 (50 U.S.C. 415b) is amend-
ed— 
(1) in subsection (a)(1), by adding at the end 
the following new subparagraph: 
‘‘(L) The annual report on financial intelligence 
on terrorist assets required by section 118.’’; and 
(2) in subsection (b), by striking paragraph (6). 
SEC. 504. NOTICE OF INTELLIGENCE REGARDING NORTH 
KOREA AND CHINA. 
Section 501 of the National Security Act of 1947 (50 
U.S.C. 413) is amended— 
(1) by redesignating subsection (f) as sub-
section (g); and 
(2) by inserting after subsection (e) the fol-
lowing new subsection: 
‘‘(f) A notification to the congressional intelligence 
committees regarding intelligence information relating to 
North Korea or China after all or part of the information 
has been communicated to the governments of North 
Korea or China, respectively, shall not be construed to ful-
fill the duty under this title to keep the congressional intel-
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ligence committees fully and currently informed of the in-
telligence activities of the United States.’’. 
SEC. 505. SENSE OF CONGRESS REGARDING USE OF INTEL-
LIGENCE RESOURCES. 
It is the sense of Congress that the resources author-
ized under this Act should not be diverted from human 
intelligence collection and other intelligence programs de-
signed to combat al Qaeda in order to study global climate 
change. 
SEC. 506. SENSE OF CONGRESS REGARDING COLOMBIAN 
PARAMILITARY ORGANIZATIONS. 
It is the sense of Congress that— 
(1) the permanent defeat of the Revolutionary 
Armed Forces of Columbia (FARC), United Self-De-
fense Forces of Colombia (AUC), National Libera-
tion Army (ELN), and other Colombian paramilitary 
organizations is in the national interest of the 
United States; 
(2) the Colombian operation that liberated 
Americans Keith Stansell, Marc Gonsalves, and 
Thomas Howes and Ingrid Betancourt and 11 other 
Colombian hostages from the FARC on July 2, 
2008, demonstrated the professionalism of Colom-
bian security forces and intelligence operatives; 
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(3) intelligence and other cooperation by the 
United States has played a key role in developing 
and reinforcing the capabilities of the Government of 
Colombia to address terrorist and narcoterrorist 
threats; 
(4) intelligence and other cooperation by the 
United States has significantly contributed to the 
continued success of the Government of Colombia in 
impacting 
the 
capabilities 
of 
terrorist 
and 
narcoterrorist groups that have threatened the na-
tional security of Colombia and the United States; 
and 
(5) it is critical that such assistance continue in 
order to support the Government of Colombia in its 
efforts to continue to capitalize on those successes. 
SEC. 507. JIHADISTS. 
None of the funds authorized to be appropriated by 
this Act may be used to prohibit or discourage the use 
of the words or phrases ‘‘jihadist’’, ‘‘jihad’’, ‘‘Islamo-fas-
cism’’, ‘‘caliphate’’, ‘‘Islamist’’, or ‘‘Islamic terrorist’’ by 
or within the intelligence community or the Federal Gov-
ernment. 
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Subtitle B—Technical Amendments 
SEC. 511. TECHNICAL AMENDMENT TO THE CENTRAL IN-
TELLIGENCE AGENCY ACT OF 1949. 
Section 5(a)(1) of the Central Intelligence Agency 
Act of 1949 (50 U.S.C. 403f(a)(1)) is amended by striking 
‘‘authorized under paragraphs (2) and (3) of section 
102(a), subsections (c)(7) and (d) of section 103, sub-
sections (a) and (g) of section 104, and section 303 of 
the National Security Act of 1947 (50 U.S.C. 403(a)(2), 
(3), 403–3(c)(7), (d), 403–4(a), (g), and 405)’’ and insert-
ing ‘‘authorized under section 104A of the National Secu-
rity Act of 1947 (50 U.S.C. 403–4a)’’. 
SEC. 512. TECHNICAL AMENDMENTS RELATING TO THE 
MULTIYEAR NATIONAL INTELLIGENCE PRO-
GRAM. 
(a) IN GENERAL.—Subsection (a) of section 1403 of 
the National Defense Authorization Act for Fiscal Year 
1991 (50 U.S.C. 404b) is amended— 
(1) in the heading, by striking ‘‘FOREIGN’’; and 
(2) by striking ‘‘foreign’’ each place it appears. 
(b) RESPONSIBILITY OF DIRECTOR OF NATIONAL IN-
TELLIGENCE.—That section is further amended— 
(1) in subsections (a) and (c), by striking ‘‘Di-
rector of Central Intelligence’’ and inserting ‘‘Direc-
tor of National Intelligence’’; and 
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(2) in subsection (b), by inserting ‘‘of National 
Intelligence’’ after ‘‘Director’’. 
(c) CONFORMING AMENDMENT.—The heading of 
that section is amended to read as follows: 
‘‘SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PRO-
GRAM.’’. 
SEC. 513. TECHNICAL CLARIFICATION OF CERTAIN REF-
ERENCES TO JOINT MILITARY INTELLIGENCE 
PROGRAM 
AND 
TACTICAL 
INTELLIGENCE 
AND RELATED ACTIVITIES. 
Section 102A of the National Security Act of 1947 
(50 U.S.C. 403–1) is amended— 
(1) in subsection (c)(3)(A), by striking ‘‘annual 
budgets for the Joint Military Intelligence Program 
and for Tactical Intelligence and Related Activities’’ 
and inserting ‘‘annual budget for the Military Intel-
ligence Program or any successor program or pro-
grams’’; and 
(2) in subsection (d)(1)(B), by striking ‘‘Joint 
Military Intelligence Program’’ and inserting ‘‘Mili-
tary Intelligence Program or any successor program 
or programs’’. 
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SEC. 514. TECHNICAL AMENDMENTS TO THE NATIONAL SE-
CURITY ACT OF 1947. 
The National Security Act of 1947 (50 U.S.C. 401 
et seq.) is amended as follows: 
(1) In section 102A (50 U.S.C. 403–1)— 
(A) in subsection (d)— 
(i) in paragraph (3), by striking ‘‘sub-
paragraph (A)’’ in the matter preceding 
subparagraph (A) and inserting ‘‘para-
graph (1)(A)’’; 
(ii) in paragraph (5)(A), by striking 
‘‘or personnel’’ in the matter preceding 
clause (i); and 
(iii) in paragraph (5)(B), by striking 
‘‘or agency involved’’ in the second sen-
tence and inserting ‘‘involved or the Direc-
tor of the Central Intelligence Agency (in 
the case of the Central Intelligence Agen-
cy)’’; 
(B) in subsection (l)(2)(B), by striking 
‘‘section’’ and inserting ‘‘paragraph’’; and 
(C) in subsection (n), by inserting ‘‘AND 
OTHER’’ after ‘‘ACQUISITION’’. 
(2) 
In 
section 
119(c)(2)(B) 
(50 
U.S.C. 
404o(c)(2)(B)), by striking ‘‘subsection (h)’’ and in-
serting ‘‘subsection (i)’’. 
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HR 5959 PCS 
(3) In section 705(e)(2)(D)(i) (50 U.S.C. 
432c(e)(2)(D)(i)), by striking ‘‘responsible’’ and in-
serting ‘‘responsive’’. 
SEC. 
515. 
TECHNICAL 
AMENDMENTS 
TO 
THE 
INTEL-
LIGENCE REFORM AND TERRORISM PREVEN-
TION ACT OF 2004. 
(a) AMENDMENTS TO NATIONAL SECURITY INTEL-
LIGENCE REFORM ACT OF 2004.—The National Security 
Intelligence Reform Act of 2004 (title I of Public Law 
108–458; 118 Stat. 3643) is amended as follows: 
(1) In section 1016(e)(10)(B) (6 U.S.C. 
485(e)(10)(B)), by striking ‘‘Attorney General’’ the 
second place it appears and inserting ‘‘Department 
of Justice’’. 
(2) In section 1071(e), by striking ‘‘(1)’’. 
(3) In section 1072(b), in the subsection head-
ing by inserting ‘‘AGENCY’’ after ‘‘INTELLIGENCE’’. 
(b) OTHER AMENDMENTS TO INTELLIGENCE RE-
FORM AND TERRORISM PREVENTION ACT OF 2004.—The 
Intelligence Reform and Terrorism Prevention Act of 
2004 (Public Law 108–458; 118 Stat. 3638) is amended 
as follows: 
(1) In section 2001 (28 U.S.C. 532 note)— 
(A) in subsection (c)(1), by inserting ‘‘of’’ 
before ‘‘an institutional culture’’; 
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(B) in subsection (e)(2), by striking ‘‘the 
National Intelligence Director in a manner con-
sistent with section 112(e)’’ and inserting ‘‘the 
Director of National Intelligence in a manner 
consistent with applicable law’’; and 
(C) in subsection (f), by striking ‘‘shall,’’ 
in the matter preceding paragraph (1) and in-
serting ‘‘shall’’. 
(2) In section 2006 (28 U.S.C. 509 note)— 
(A) in paragraph (2), by striking ‘‘the 
Federal’’ and inserting ‘‘Federal’’; and 
(B) in paragraph (3), by striking ‘‘the spe-
cific’’ and inserting ‘‘specific’’. 
SEC. 516. TECHNICAL AMENDMENTS TO THE EXECUTIVE 
SCHEDULE. 
(a) EXECUTIVE SCHEDULE LEVEL II.—Section 5313 
of title 5, United States Code, is amended by striking the 
item relating to the Director of Central Intelligence and 
inserting the following new item: 
‘‘Director of the Central Intelligence Agency.’’. 
(b) EXECUTIVE SCHEDULE LEVEL III.—Section 
5314 of title 5, United States Code, is amended by strik-
ing the item relating to the Deputy Directors of Central 
Intelligence and inserting the following new item: 
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Calendar No. 888 
110TH CONGRESS 
2D SESSION 
H. R. 5959 
AN ACT 
To authorize appropriations for fiscal year 2009 for 
intelligence and intelligence-related activities of 
the United States Government, the Community 
Management Account, and the Central Intel-
ligence Agency Retirement and Disability Sys-
tem, and for other purposes. 
JULY 17, 2008 
Received; read twice and placed on the calendar 
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