H. R. 2082—34 
problems, abuses, and deficiencies that may occur in matters 
within the responsibility and authority of the Director, and 
to report the progress made in implementing corrective action; 
‘‘(3) to take due regard for the protection of intelligence 
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 appropriate to minimize the disclosure of intelligence 
sources and methods described in such reports; and 
‘‘(4) in the execution of the duties and responsibilities 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 General of the Intelligence 
Community from initiating, carrying out, or completing any inves-
tigation, inspection, or audit if the Director determines that such 
prohibition is necessary to protect vital national security interests 
of the United States. 
‘‘(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 intelligence sources and methods, 
provide the Inspector General with a copy of such report. 
‘‘(4) The Inspector General may submit to the congressional 
intelligence committees any comments on a report of which the 
Inspector General has notice under paragraph (3) that the Inspector 
General considers appropriate. 
‘‘(f) AUTHORITIES.—(1) The Inspector General of the Intelligence 
Community shall have direct and prompt access to the Director 
of National Intelligence when necessary 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 element of the 
intelligence community whose testimony is needed for the perform-
ance of the duties of the Inspector General. 
‘‘(B) The Inspector General shall have direct access to all 
records, reports, audits, reviews, documents, papers, recommenda-
tions, or other material which relate to the programs and operations 
with respect to which the Inspector General has responsibilities 
under this section. 
‘‘(C) The level of classification or compartmentation of informa-
tion shall not, in and of itself, provide a sufficient rationale for 
denying the Inspector General access to any materials under 
subparagraph (B). 
‘‘(D) Failure on the part of any employee, or any employee 
of a contractor, of any element of the intelligence community to 
cooperate with the Inspector General shall be grounds for appro-
priate administrative actions by the Director or, on the rec-
ommendation of the Director, other appropriate officials of the 
intelligence community, including loss of employment or the termi-
nation of an existing contractual relationship. 
‘‘(3) The Inspector General is authorized to receive and inves-
tigate complaints or information from any person concerning the 
existence of an activity constituting a violation of laws, rules, or
H. R. 2082—35 
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— 
‘‘(A) the Inspector General shall not disclose the identity 
of the employee without the consent of the employee, unless 
the Inspector General determines that such disclosure is 
unavoidable during the course of the investigation or the disclo-
sure is made to an official of the Department of Justice respon-
sible for determining whether a prosecution should be under-
taken; 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, affirmation, or affidavit, when-
ever necessary in the performance of the duties of the Inspector 
General, which oath, affirmation, or affidavit when administered 
or taken by or before 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 administered 
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 production of 
all information, documents, reports, answers, records, accounts, 
papers, and other data and documentary evidence necessary in 
the performance of the duties 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, answers, records, accounts, papers, 
and other data and evidence for the purpose specified in subpara-
graph (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 National 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 INTEL-
LIGENCE 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 
oversight responsibility for an element or elements of the intel-
ligence community, the Inspector General of the Intelligence 
Community and such other Inspector or Inspectors General shall 
expeditiously resolve the question of which Inspector General shall 
conduct such investigation, inspection, or audit. 
‘‘(B) In attempting to resolve a question under subparagraph 
(A), the Inspectors General concerned may request the assistance 
of the Intelligence Community Inspectors General Forum estab-
lished under subparagraph (C). In the event of a dispute between
H. R. 2082—36 
an Inspector General within an agency or department of the United 
States Government 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 statutory 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 
Inspector General, but shall serve as a mechanism for informing 
its members of the work of individual members of the Forum 
that may be of common interest and discussing questions about 
jurisdiction or access to employees, employees of a contractor, 
records, audits, reviews, documents, recommendations, or other 
materials that may involve or be of assistance to more than 1 
of its members. 
‘‘(2) The Inspector General conducting an investigation, inspec-
tion, or audit covered by paragraph (1) shall submit the results 
of such investigation, inspection, or audit to any other Inspector 
General, including the Inspector General of the Intelligence Commu-
nity, with jurisdiction to conduct such investigation, inspection, 
or audit who did not conduct such investigation, inspection, or 
audit. 
‘‘(h) STAFF AND OTHER SUPPORT.—(1) The Inspector General 
of the Intelligence Community shall be provided with appropriate 
and adequate office space at central and field office locations, 
together with such equipment, office supplies, maintenance services, 
and communications 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 General shall select, appoint, 
and employ such officers and employees as may be necessary to 
carry out the functions of the Inspector General. The Inspector 
General shall ensure 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 assistance as may be 
necessary for carrying out the duties and responsibilities of the 
Inspector General from any department, agency, or other element 
of the United States Government. 
‘‘(B) Upon request of the Inspector General for information 
or assistance under subparagraph (A), the head of the department, 
agency, or element concerned shall, insofar as is practicable and
H. R. 2082—37 
not in contravention of any existing statutory restriction or regula-
tion of the department, agency, or element, furnish to the Inspector 
General, or to an authorized designee, such information or assist-
ance. 
‘‘(C) The Inspector General of the Intelligence Community may, 
upon reasonable notice to the head of any element of the intelligence 
community, conduct, as authorized 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 Director of National Intelligence 
a classified, and, as appropriate, unclassified semiannual report 
summarizing the activities of the Office of the Inspector General 
of the Intelligence 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 simultaneously with submission of 
the report to the Director of National Intelligence. 
‘‘(B) Each report under this paragraph shall include, at a min-
imum, the following: 
‘‘(i) A list of the title or subject of each investigation, 
inspection, or audit conducted during the period covered by 
such report, including a summary of the progress of each par-
ticular investigation, inspection, or audit since the preceding 
report of the Inspector General under this paragraph. 
‘‘(ii) A description of significant problems, abuses, and defi-
ciencies relating to the administration and implementation of 
programs and operations of the intelligence community, and 
in the relationships between elements of the intelligence 
community, 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 Inspector General during 
the period covered by such report with respect to significant 
problems, abuses, or deficiencies identified in clause (ii). 
‘‘(iv) A statement whether or not corrective or disciplinary 
action has been completed on each significant recommendation 
described in previous semiannual reports, and, in a case where 
corrective action has been completed, a description of such 
corrective action. 
‘‘(v) A certification whether or not the Inspector General 
has had full and direct access to all information relevant to 
the performance of the functions of the Inspector General. 
‘‘(vi) A description of the exercise of the subpoena authority 
under subsection (f)(5) by the Inspector General during the 
period covered by such report. 
‘‘(vii) Such recommendations as the Inspector General con-
siders appropriate for legislation to promote 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.
H. R. 2082—38 
‘‘(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 considers appropriate. 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 Government any portion of the report involving a component 
of such department simultaneously with submission of the report 
to the congressional intelligence committees. 
‘‘(2)(A) The Inspector General shall report immediately to the 
Director whenever the Inspector General becomes aware of particu-
larly serious or flagrant problems, abuses, or deficiencies relating 
to matters within the responsibility and authority of the Director 
of National Intelligence. 
‘‘(B) The Director shall transmit to the congressional intel-
ligence committees each report under subparagraph (A) within 7 
calendar days of receipt of such report, together with such comments 
as the Director considers appropriate. 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 Govern-
ment 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 dif-
ferences with the Director affecting the execution of the duties 
or responsibilities of the Inspector General; 
‘‘(B) an investigation, inspection, or audit carried out by 
the Inspector General focuses on any current or former intel-
ligence community official who— 
‘‘(i) holds or held a position in an element of the intel-
ligence community that is subject to appointment by the 
President, whether or not by and with the advice and 
consent of the Senate, including such a position held on 
an acting basis; 
‘‘(ii) holds or held a position in an element of the 
intelligence community, including a position 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 position covered by 
subsection (b) or (c) of section 106; 
‘‘(C) a matter requires a report by the Inspector General 
to the Department of Justice on possible criminal conduct by 
a current or former official described in subparagraph (B); 
‘‘(D) the Inspector General receives notice from the Depart-
ment of Justice declining or approving prosecution of possible 
criminal conduct of any current 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 investigation, inspection, or 
audit, 
the Inspector General shall immediately notify and submit a report 
on such matter to the congressional intelligence committees.
H. R. 2082—39 
‘‘(4) Pursuant to title V, the Director shall submit to the 
congressional intelligence committees any report or findings and 
recommendations of an investigation, inspection, or audit conducted 
by the office which has been requested by the Chairman or Vice 
Chairman or Ranking Minority Member of either committee. 
‘‘(5)(A) An employee of an element of the intelligence commu-
nity, an employee assigned or detailed to an element of the intel-
ligence 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 information to the Inspector General. 
‘‘(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 complaint 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, within 7 calendar days 
of such receipt, forward such transmittal to the congressional intel-
ligence committees, together with any comments the Director con-
siders appropriate. 
‘‘(D)(i) If the Inspector General does not find credible 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 congres-
sional intelligence committees directly. 
‘‘(ii) An employee may contact the intelligence committees 
directly as described in clause (i) only if the employee— 
‘‘(I) before making such a contact, furnishes to the Director, 
through the Inspector General, a statement of the employee’s 
complaint or information and notice of the employee’s intent 
to contact the congressional 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 intel-
ligence committees who receives a complaint or information under 
clause (i) does so in that member or employee’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 information. 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 judicial review. 
‘‘(G) In this paragraph, the term ‘urgent concern’ means any 
of the following: 
‘‘(i) A serious or flagrant problem, abuse, violation of law 
or Executive order, or deficiency relating to the funding, 
administration, or operation of an intelligence activity involving
H. R. 2082—40 
classified information, but does not include differences of opin-
ions concerning 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 operation 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 reprisal prohibited under subsection 
(f)(3)(B) of this section in response to an employee’s reporting 
an urgent 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 Whistleblower 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 complaint received by the Inspector 
General relating to violations 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 intelligence 
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 congressional intelligence 
committees, include in the National Intelligence Program budget 
a separate account for the Office of Inspector General of the Intel-
ligence Community. 
‘‘(k) CONSTRUCTION OF DUTIES REGARDING ELEMENTS OF INTEL-
LIGENCE COMMUNITY.—Except as resolved 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 
modify or effect the duties and responsibilities of any other Inspector 
General, whether statutory or administrative, having duties and 
responsibilities relating to such element.’’. 
(2) CLERICAL AMENDMENT.—The table of contents in the 
first section of the National Security 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 ESTABLISH POSI-
TION.—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 Community.’’. 
SEC. 414. ANNUAL REPORT ON FOREIGN LANGUAGE PROFICIENCY IN 
THE INTELLIGENCE COMMUNITY. 
(a) REPORT.— 
(1) IN GENERAL.—Title V of the National Security Act of 
1947 (50 U.S.C. 413 et seq.), as amended by title III of this
H. R. 2082—41 
Act, is further amended by adding at the end the following 
new section: 
‘‘REPORT ON FOREIGN LANGUAGE PROFICIENCY IN THE INTELLIGENCE 
COMMUNITY 
‘‘SEC. 508. Not later than February 1 of each year, the Director 
of National Intelligence shall submit to the congressional intel-
ligence committees a report on the proficiency in foreign languages 
and, if appropriate, in foreign dialects of each element of the intel-
ligence community, including— 
‘‘(1) the number of positions authorized for such element 
that require foreign language proficiency and the level of pro-
ficiency required; 
‘‘(2) an estimate of the number of such positions 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 proficiency 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 indicated foreign language pro-
ficiency, including the foreign language indicated and the pro-
ficiency level; 
‘‘(5) the number of persons hired by such element with 
foreign language proficiency, including the foreign language 
and proficiency level; 
‘‘(6) the number of personnel of such element currently 
attending foreign language training, including the provider of 
such training; 
‘‘(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 appropriate, dia-
lect of a foreign language— 
‘‘(A) the number of positions of such element that 
require proficiency in the foreign language or dialect; 
‘‘(B) the number of personnel of such element that 
are serving in a position that— 
‘‘(i) requires proficiency in the foreign language 
or dialect to perform the primary duty of the position; 
and 
‘‘(ii) does not require proficiency in the foreign 
language or dialect to perform the primary duty of 
the position; 
‘‘(C) the number of personnel of such element rated 
at each level of proficiency of the Interagency Language 
Roundtable; 
‘‘(D) whether the number of personnel at each level 
of proficiency of the Interagency Language Roundtable 
meets the requirements of such element; 
‘‘(E) the number of personnel serving or hired to serve 
as linguists for such element that are not qualified as 
linguists under the standards of the Interagency Language 
Roundtable;
H. R. 2082—42 
‘‘(F) the number of personnel hired to serve as linguists 
for such element during the preceding calendar year; 
‘‘(G) the number of personnel serving as linguists that 
discontinued serving such element during the preceding 
calendar year; 
‘‘(H) the percentage of work requiring linguistic skills 
that is fulfilled by an ally of the United States; and 
‘‘(I) the percentage of work requiring linguistic skills 
that is fulfilled by contractors; 
‘‘(10) an assessment of the foreign language capacity and 
capabilities of the intelligence community as a whole; and 
‘‘(11) recommendations for eliminating required reports 
relating to foreign-language proficiency that the Director of 
National Intelligence considers outdated or no longer relevant.’’. 
(2) REPORT DATE.—Section 507(a)(1) of such Act (50 U.S.C. 
415b(a)(1)), as amended by section 328(f) of this Act, is further 
amended by adding at the end the following new subparagraph: 
‘‘(M) The annual report on foreign language proficiency 
in the intelligence community required by section 508.’’. 
(b) CONFORMING AMENDMENT.—The table of contents in the 
first section of such Act is further amended by inserting after 
the item relating to section 507 the following new item: 
‘‘Sec. 508. Report on foreign language proficiency in the intelligence community.’’. 
SEC. 415. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON 
RETIREMENT BENEFITS FOR FORMER EMPLOYEES OF AIR 
AMERICA. 
(a) IN GENERAL.—Not later than 120 days after the date of 
the enactment of this Act, the Director of National Intelligence 
shall submit to Congress a report on the advisability of providing 
Federal retirement benefits to United States citizens for the service 
of such individuals before 1977 as employees of Air America or 
an associated company while such company was owned or controlled 
by the United States Government and operated or managed by 
the Central Intelligence Agency. 
(b) REPORT ELEMENTS.— 
(1) IN GENERAL.—The report required by subsection (a) 
shall include the following: 
(A) The history of Air America and associated companies 
before 1977, including a description of— 
(i) the relationship between such companies and the 
Central Intelligence Agency and other elements of the 
United States Government; 
(ii) the workforce of such companies; 
(iii) the missions performed by such companies and 
their employees for the United States; and 
(iv) the casualties suffered by employees of such compa-
nies in the course of their employment with such compa-
nies. 
(B) A description of the retirement benefits contracted for 
or promised to the employees of such companies before 1977, 
the contributions made by such employees for such benefits, 
the retirement benefits actually paid such employees, the 
entitlement of such employees to the payment of future retire-
ment benefits, and the likelihood that former employees of 
such companies will receive any future retirement benefits. 
(C) An assessment of the difference between—
H. R. 2082—43 
(i) the retirement benefits that former employees of 
such companies have received or will receive by virtue 
of their employment with such companies; and 
(ii) the retirement benefits that such employees would 
have received and in the future receive if such employees 
had been, or would now be, treated as employees of the 
United States whose services while in the employ of such 
companies had been or would now be credited as Federal 
service for the purpose of Federal retirement benefits. 
(D) Any recommendations regarding the advisability of 
legislative action to treat employment at such companies as 
Federal service for the purpose of Federal retirement benefits 
in light of the relationship between such companies and the 
United States Government and the services and sacrifices of 
such employees to and for the United States, and if legislative 
action is considered advisable, a proposal for such action and 
an assessment of its costs. 
(2) OTHER CONTENT.—The Director of National Intelligence 
shall include in the report any views of the Director of the Central 
Intelligence Agency on the matters covered by the report that 
the Director of the Central Intelligence Agency considers appro-
priate. 
(c) ASSISTANCE OF COMPTROLLER GENERAL.—The Comptroller 
General of the United States shall, upon the request of the Director 
of National Intelligence and in a manner consistent with the protec-
tion of classified information, assist the Director in the preparation 
of the report required by subsection (a). 
(d) FORM.—The report required by subsection (a) shall be sub-
mitted in unclassified form, but may include a classified annex. 
(e) DEFINITIONS.—In this section: 
(1) AIR
AMERICA.—The term ‘‘Air America’’ means Air 
America, Incorporated. 
(2) ASSOCIATED COMPANY.—The term ‘‘associated company’’ 
means any company associated with or subsidiary to Air 
America, including Air Asia Company Limited and the Pacific 
Division of Southern Air Transport, Incorporated. 
SEC. 416. SPACE INTELLIGENCE. 
Section 102A of the National Security Act of 1947 (50 U.S.C. 
403–1) as amended by sections 303, 304, and 411 of this Act, 
is further amended by adding at the end the following new sub-
section: 
‘‘(v) CONSIDERATION OF SPACE INTELLIGENCE.— 
‘‘(1) IN
GENERAL.—The Director of National Intelligence 
shall require that space-intelligence related issues and concerns 
are fully considered in carrying out the authorities of the intel-
ligence community under this Act and under other provisions 
of law, including in carrying out— 
‘‘(A) the responsibilities and authorities described 
under subsections (f), (h), and (q); and 
‘‘(B) the creation of policy, and in the recruitment, 
hiring, training, and retention of personnel. 
‘‘(2) 
ADDITIONAL
CONSIDERATIONS.—The 
Director 
of 
National Intelligence shall ensure that agencies give due consid-
eration to the vulnerability assessment prepared for a given 
major system, as required in section 506C of this Act, at all 
stages of architecture and system planning, development,
H. R. 2082—44 
acquisition, operation, and support of a space-intelligence 
system.’’. 
SEC. 417. OPERATIONAL FILES IN THE OFFICE OF THE DIRECTOR 
OF NATIONAL INTELLIGENCE. 
(a) IN GENERAL.—Title VII of the National Security Act of 
1947 (50 U.S.C. 431 et seq.) is amended by adding at the end 
the following new section: 
‘‘OPERATIONAL FILES IN THE OFFICE OF THE DIRECTOR OF NATIONAL 
INTELLIGENCE 
‘‘SEC. 706. (a) RECORDS FROM EXEMPTED OPERATIONAL FILES.— 
(1) Any record disseminated or otherwise provided to an element 
of the Office of the Director of National Intelligence from the 
exempted operational files of elements of the intelligence community 
designated in accordance with this title, and any operational files 
created by the Office of the Director of National Intelligence that 
incorporate such record in accordance with subparagraph (A)(ii), 
shall be exempted from the provisions of section 552 of title 5, 
United States Code that require search, review, publication, or 
disclosure in connection therewith, in any instance in which— 
‘‘(A)(i) such record is shared within the Office of the 
Director of National Intelligence and not disseminated by that 
Office beyond that Office; or 
‘‘(ii) such record is incorporated into new records created 
by personnel of the Office of the Director of National Intel-
ligence and maintained in operational files of the Office of 
the Director of National Intelligence and such record is not 
disseminated by that Office beyond that Office; and 
‘‘(B) the operational files from which such record has been 
obtained continue to remain designated as operational files 
exempted from section 552 of title 5, United States Code. 
‘‘(2) The operational files of the Office of the Director of National 
Intelligence referred to in paragraph (1)(A)(ii) shall be substantially 
similar in nature to the originating operational files from which 
the record was disseminated or provided, as such files are defined 
in this title. 
‘‘(3) Records disseminated or otherwise provided to the Office 
of the Director of National Intelligence from other elements of 
the intelligence community that are not protected by paragraph 
(1), and that are authorized to be disseminated beyond the Office 
of the Director of National Intelligence, shall remain subject to 
search and review under section 552 of title 5, United States Code, 
but may continue to be exempted from the publication and disclo-
sure provisions of that section by the originating agency to the 
extent that such section permits. 
‘‘(4) Notwithstanding any other provision of this title, records 
in the exempted operational files of the Central Intelligence Agency, 
the National Geospatial-Intelligence Agency, the National Recon-
naissance Office, the National Security Agency, or the Defense 
Intelligence Agency shall not be subject to the search and review 
provisions of section 552 of title 5, United States Code, solely 
because they have been disseminated to an element or elements 
of the Office of the Director of National Intelligence, or referenced 
in operational files of the Office of the Director of National Intel-
ligence and that are not disseminated beyond the Office of the 
Director of National Intelligence.
H. R. 2082—45 
‘‘(5) Notwithstanding any other provision of this title, the incor-
poration of records from the operational files of the Central Intel-
ligence Agency, the National Geospatial-Intelligence Agency, the 
National Reconnaissance Office, the National Security Agency, or 
the Defense Intelligence Agency, into operational files of the Office 
of the Director of National Intelligence shall not subject that record 
or the operational files of the Central Intelligence Agency, the 
National Geospatial-Intelligence Agency, the National Reconnais-
sance Office, the National Security Agency or the Defense Intel-
ligence Agency to the search and review provisions of section 552 
of title 5, United States Code. 
‘‘(b) OTHER RECORDS.—(1) Files in the Office of the Director 
of National Intelligence that are not exempted under subsection 
(a) of this section which contain information derived or disseminated 
from exempted operational files shall be subject to search and 
review under section 552 of title 5, United States Code. 
‘‘(2) The inclusion of information from exempted operational 
files in files of the Office of the Director of National Intelligence 
that are not exempted under subsection (a) shall not affect the 
exemption of the originating operational files from search, review, 
publication, or disclosure. 
‘‘(3) Records from exempted operational files of the Office of 
the Director of National Intelligence which have been disseminated 
to and referenced in files that are not exempted under subsection 
(a), and which have been returned to exempted operational files 
of the Office of the Director of National Intelligence for sole reten-
tion, shall be subject to search and review. 
‘‘(c) SEARCH AND REVIEW FOR CERTAIN PURPOSES.—Notwith-
standing subsection (a), exempted operational files shall continue 
to be subject to search and review for information concerning any 
of the following: 
‘‘(1) United States citizens or aliens lawfully admitted for 
permanent residence who have requested information on them-
selves pursuant to the provisions of section 552 or 552a of 
title 5, United States Code. 
‘‘(2) Any special activity the existence of which is not 
exempt from disclosure under the provisions of section 552 
of title 5, United States Code. 
‘‘(3) The specific subject matter of an investigation by any 
of the following for any impropriety, or violation of law, Execu-
tive order, or Presidential directive, in the conduct of an intel-
ligence activity: 
‘‘(A) The Select Committee on Intelligence of the 
Senate. 
‘‘(B) The Permanent Select Committee on Intelligence 
of the House of Representatives. 
‘‘(C) The Intelligence Oversight Board. 
‘‘(D) The Department of Justice. 
‘‘(E) The Office of the Director of National Intelligence. 
‘‘(F) The Office of the Inspector General of the Intel-
ligence Community. 
‘‘(d) DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES.— 
(1) Not less than once every 10 years, the Director of National 
Intelligence shall review the operational files exempted under sub-
section (a) to determine whether such files, or any portion of such 
files, may be removed from the category of exempted files.
H. R. 2082—46 
‘‘(2) The review required by paragraph (1) shall include consid-
eration of the historical value or other public interest in the subject 
matter of the particular category of files or portions thereof and 
the potential for declassifying a significant part of the information 
contained therein. 
‘‘(3) A complainant that alleges that the Director of National 
Intelligence has improperly withheld records because of failure to 
comply with this subsection may seek judicial review in the district 
court of the United States of the district in which any of the 
parties reside, or in the District of Columbia. In such a proceeding, 
the court’s review shall be limited to determining the following: 
‘‘(A) Whether the Director has conducted the review 
required by paragraph (1) before the expiration of the 10- 
year period beginning on the date of the enactment of the 
Intelligence Authorization Act for Fiscal Year 2008 or before 
the expiration of the 10-year period beginning on the date 
of the most recent review. 
‘‘(B) Whether the Director of National Intelligence, in fact, 
considered the criteria set forth in paragraph (2) in conducting 
the required review. 
‘‘(e) SUPERSEDURE
OF OTHER LAWS.—The provisions of this 
section may not be superseded except by a provision of law that 
is enacted after the date of the enactment of this section and 
that specifically cites and repeals or modifies such provisions. 
‘‘(f) APPLICABILITY.—The Director of National Intelligence will 
publish a regulation listing the specific elements within the Office 
of the Director of National Intelligence whose records can be 
exempted from search and review under this section. 
‘‘(g) 
ALLEGATION; 
IMPROPER
WITHHOLDING
OF
RECORDS; 
JUDICIAL REVIEW.—(1) Except as provided in paragraph (2), when-
ever any person who has requested agency records under section 
552 of title 5, United States Code, alleges that the Office of the 
Director of National Intelligence has withheld records improperly 
because of failure to comply with any provision of this section, 
judicial review shall be available under the terms set forth in 
section 552(a)(4)(B) of title 5, United States Code. 
‘‘(2) Judicial review shall not be available in the manner pro-
vided for under paragraph (1) as follows: 
‘‘(A) In any case in which information specifically author-
ized under criteria established by an Executive order to be 
kept secret in the interests of national defense or foreign rela-
tions is filed with, or produced for, the court by the Office 
of the Director of National Intelligence, such information shall 
be examined ex parte, in camera by the court. 
‘‘(B) The court shall determine, to the fullest extent prac-
ticable, the issues of fact based on sworn written submissions 
of the parties. 
‘‘(C) When a complainant alleges that requested records 
are improperly withheld because of improper placement solely 
in exempted operational files, the complainant shall support 
such allegation with a sworn written submission based upon 
personal knowledge or otherwise admissible evidence. 
‘‘(D)(i) When a complainant alleges that requested records 
were improperly withheld because of improper exemption of 
operational files, the Office of the Director of National Intel-
ligence shall meet its burden under section 552(a)(4)(B) of title 
5, United States Code, by demonstrating to the court by sworn
H. R. 2082—47 
written submission that exempted operational files likely to 
contain responsive records currently meet the criteria set forth 
in subsection (a). 
‘‘(ii) The court may not order the Office of the Director 
of National Intelligence to review the content of any exempted 
operational file or files in order to make the demonstration 
required under clause (i), unless the complainant disputes the 
Office’s showing with a sworn written submission based on 
personal knowledge or otherwise admissible evidence. 
‘‘(E) In proceedings under subparagraph (C) or (D), a party 
may not obtain discovery pursuant to rules 26 through 36 
of the Federal Rules of Civil Procedure, except that requests 
for admissions may be made pursuant to rules 26 and 36. 
‘‘(F) If the court finds under this subsection that the Office 
of the Director of National Intelligence has improperly withheld 
requested records because of failure to comply with any provi-
sion of this section, the court shall order the Office to search 
and review the appropriate exempted operational file or files 
for the requested records and make such records, or portions 
thereof, available in accordance with the provisions of section 
552 of title 5, United States Code, and such order shall be 
the exclusive remedy for failure to comply with this section. 
‘‘(G) If at any time following the filing of a complaint 
pursuant to this paragraph the Office of the Director of National 
Intelligence agrees to search the appropriate exempted oper-
ational file or files for the requested records, the court shall 
dismiss the claim based upon such complaint.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in the first 
section of the National Security Act of 1947 is amended by inserting 
after the item relating to section 705 the following new item: 
‘‘Sec. 706. Operational files in the Office of the Director of National Intelligence.’’. 
SEC. 418. INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT 
TO ADVISORY COMMITTEES OF THE OFFICE OF THE 
DIRECTOR OF NATIONAL INTELLIGENCE. 
Section 4(b) of the Federal Advisory Committee Act (5 U.S.C. 
App.) is amended— 
(1) in paragraph (1), by striking ‘‘or’’; 
(2) in paragraph (2), by striking the period and inserting 
‘‘; or’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(3) the Office of the Director of National Intelligence.’’. 
SEC. 419. APPLICABILITY OF THE PRIVACY ACT TO THE DIRECTOR 
OF NATIONAL INTELLIGENCE AND THE OFFICE OF THE 
DIRECTOR OF NATIONAL INTELLIGENCE. 
Subsection (j) of section 552a of title 5, United States Code, 
is amended— 
(1) in paragraph (1), by striking ‘‘or’’; 
(2) by redesignating paragraph (2) as paragraph (3); and 
(3) by inserting after paragraph (1) the following new para-
graph: 
‘‘(2) maintained by the Office of the Director of National 
Intelligence; or’’.
H. R. 2082—48 
SEC. 420. REPEAL OF CERTAIN AUTHORITIES RELATING TO THE 
OFFICE 
OF 
THE 
NATIONAL 
COUNTERINTELLIGENCE 
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 paragraph (2), 
by striking paragraphs (3) and (4). 
(b) CONFORMING AMENDMENTS.—Such section 904 is further 
amended— 
(1) in subsection (d), as redesignated by subsection (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 ‘‘subsection (e)(1)’’ 
and inserting ‘‘subsection (d)(1)’’; and 
(B) in paragraph (2), by striking ‘‘subsection (e)(2)’’ 
and inserting ‘‘subsection (d)(2)’’. 
Subtitle B—Central Intelligence Agency 
SEC. 431. REVIEW OF COVERT ACTION PROGRAMS BY INSPECTOR GEN-
ERAL OF THE CENTRAL INTELLIGENCE AGENCY. 
(a) IN GENERAL.—Section 503 of the National Security 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 following new sub-
section: 
‘‘(e) INSPECTOR GENERAL AUDITS OF COVERT ACTIONS.— 
‘‘(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 conducted subject to the provisions of paragraphs (3) 
and (4) of subsection (b) of section 17 of the Central 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 terminated or suspended if such covert action 
was terminated 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 com-
pleted. 
‘‘(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 results of such audit.’’. 
(b) CONFORMING AMENDMENTS.—Title V of the National Secu-
rity Act of 1947 (50 U.S.C. 413 et seq.) is amended—
H. R. 2082—49 
(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)’’. 
SEC. 432. INAPPLICABILITY TO DIRECTOR OF THE CENTRAL INTEL-
LIGENCE 
AGENCY 
OF 
REQUIREMENT 
FOR 
ANNUAL 
REPORT ON PROGRESS IN AUDITABLE FINANCIAL STATE-
MENTS. 
Section 114A of the National Security Act of 1947 (50 U.S.C. 
404i–1) is amended by striking ‘‘the Director of the Central Intel-
ligence Agency,’’. 
SEC. 433. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR PROTEC-
TIVE 
PERSONNEL 
OF 
THE 
CENTRAL 
INTELLIGENCE 
AGENCY. 
(a) IN GENERAL.—Section 5(a)(4) of the Central Intelligence 
Agency Act of 1949 (50 U.S.C. 403f(a)(4)) is amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(4)’’; 
(2) in subparagraph (A), as so designated— 
(A) by striking ‘‘and the protection’’ and inserting ‘‘the 
protection’’; and 
(B) by striking the semicolon and inserting ‘‘, and 
the protection of the Director of National Intelligence and 
such personnel of the Office of the Director of National 
Intelligence as the Director of National Intelligence may 
designate; and’’; and 
(3) by adding at the end the following new subparagraph: 
‘‘(B) Authorize personnel engaged in the performance of 
protective functions authorized pursuant to subparagraph (A), 
when engaged in, and in furtherance of, the performance of 
such functions, to make arrests without warrant for any offense 
against the United States committed in the presence of such 
personnel, or for any felony cognizable under the laws of the 
United States, if such personnel have reasonable grounds to 
believe that the person to be arrested has committed or is 
committing such felony, except that any authority pursuant 
to this subparagraph may be exercised only in accordance with 
guidelines approved by the Director and the Attorney General 
and such personnel may not exercise any authority for the 
service of civil process or for the investigation of criminal 
offenses;’’. 
(b) REQUIREMENT TO REPORT.—As soon as possible after the 
date of an exercise of authority under subparagraph (B) of section 
5(a)(4) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
403f(a)(4)), as added by subsection (a)(3), and not later than 10 
days after such date, the Director of the Central Intelligence Agency 
shall submit to the congressional intelligence committees a report 
describing such exercise of authority. 
SEC. 434. TECHNICAL AMENDMENTS RELATING TO TITLES OF CERTAIN 
CENTRAL INTELLIGENCE AGENCY 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 Director’’ and 
inserting ‘‘Associate Deputy Director’’;
H. R. 2082—50 
(2) in subclause (II), by striking ‘‘Deputy Director for Oper-
ations’’ and inserting ‘‘Director of the National Clandestine 
Service’’; 
(3) in subclause (III), by striking ‘‘Deputy Director for Intel-
ligence’’ and inserting ‘‘Director of Intelligence’’; 
(4) in subclause (IV), by striking ‘‘Deputy Director for 
Administration’’ and inserting ‘‘Director of Support’’; and 
(5) in subclause (V), by striking ‘‘Deputy Director for 
Science and Technology’’ and inserting ‘‘Director of Science 
and Technology’’. 
SEC. 435. CLARIFYING AMENDMENTS RELATING TO SECTION 105 OF 
THE INTELLIGENCE AUTHORIZATION 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 Intelligence’’ and 
inserting ‘‘Director of National Intelligence’’; and 
(2) by inserting ‘‘or in section 313 of such title,’’ after 
‘‘subsection (a)),’’. 
Subtitle C—Defense Intelligence 
Components 
SEC. 441. ENHANCEMENT OF NATIONAL SECURITY AGENCY TRAINING 
PROGRAM. 
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’’. 
SEC. 442. CODIFICATION OF AUTHORITIES OF NATIONAL SECURITY 
AGENCY PROTECTIVE PERSONNEL. 
The National Security Agency Act of 1959 (50 U.S.C. 402 note) 
is amended by adding at the end the following new section: 
‘‘SEC. 21. (a) The Director of the National Security Agency 
is authorized to designate personnel of the National Security Agency 
to perform protective functions for the Director and for any per-
sonnel of the Agency designated by the Director. 
‘‘(b)(1) In the performance of protective functions under this 
section, personnel of the Agency designated to perform protective 
functions pursuant to subsection (a) are authorized, when engaged 
in, and in furtherance of, the performance of such functions, to 
make arrests without a warrant for— 
‘‘(A) any offense against the United States committed in 
the presence of such personnel; or 
‘‘(B) any felony cognizable under the laws of the United 
States if such personnel have reasonable grounds to believe 
that the person to be arrested has committed or is committing 
such felony. 
‘‘(2) The authority in paragraph (1) may be exercised only 
in accordance with guidelines approved by the Director and the 
Attorney General. 
‘‘(3) Personnel of the Agency designated to perform protective 
functions pursuant to subsection (a) shall not exercise any authority
H. R. 2082—51 
for the service of civil process or the investigation of criminal 
offenses. 
‘‘(c) Nothing in this section shall be construed to impair or 
otherwise affect any authority under any other provision of law 
relating to the performance of protective functions. 
‘‘(d) As soon as possible after the date of an exercise of authority 
under this section and not later than 10 days after such date, 
the Director shall submit to the congressional intelligence commit-
tees a report describing such exercise of authority. 
‘‘(e) In this section, the term ‘congressional intelligence commit-
tees’ means— 
‘‘(1) the Select Committee on Intelligence of the Senate; 
and 
‘‘(2) the Permanent Select Committee on Intelligence of 
the House of Representatives.’’. 
SEC. 443. INSPECTOR GENERAL MATTERS. 
(a) COVERAGE UNDER INSPECTOR GENERAL ACT OF 1978.—Sub-
section (a)(2) of section 8G of the Inspector General Act of 1978 
(5 U.S.C. App. 8G) is amended— 
(1) by inserting ‘‘the Defense Intelligence Agency,’’ after 
‘‘the Corporation for Public Broadcasting,’’; 
(2) by inserting ‘‘the National Geospatial-Intelligence 
Agency,’’ after ‘‘the National Endowment for the Humanities,’’; 
and 
(3) by inserting ‘‘the National Reconnaissance Office, the 
National Security Agency,’’ after ‘‘the National Labor Relations 
Board,’’. 
(b) CERTAIN DESIGNATIONS UNDER INSPECTOR GENERAL ACT 
OF 1978.—Subsection (a) of section 8H of the Inspector General 
Act of 1978 (5 U.S.C. App. 8H) is amended by adding at the 
end the following new paragraph: 
‘‘(3) The Inspectors General of the Defense Intelligence Agency, 
the National Geospatial-Intelligence Agency, the National Recon-
naissance Office, and the National Security Agency shall be des-
ignees of the Inspector General of the Department of Defense for 
purposes of this section.’’. 
(c) POWER OF HEADS OF ELEMENTS OVER INVESTIGATIONS.— 
Subsection (d) of section 8G of that Act— 
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’; 
(2) in the second sentence of paragraph (1), as designated 
by paragraph (1) of this subsection, by striking ‘‘The head’’ 
and inserting ‘‘Except as provided in paragraph (2), the head’’; 
and 
(3) by adding at the end the following new paragraph: 
‘‘(2)(A) The Secretary of Defense, in consultation with the 
Director of National Intelligence, may prohibit the Inspector Gen-
eral of an element of the intelligence community specified in 
subparagraph (D) from initiating, carrying out, or completing any 
audit or investigation if the Secretary determines that the prohibi-
tion is necessary to protect vital national security interests of the 
United States. 
‘‘(B) If the Secretary exercises the authority under subpara-
graph (A), the Secretary shall submit to the committees of Congress 
specified in subparagraph (E) an appropriately classified statement 
of the reasons for the exercise of the authority not later than 
7 days after the exercise of the authority.
H. R. 2082—52 
‘‘(C) At the same time the Secretary submits under subpara-
graph (B) a statement on the exercise of the authority in subpara-
graph (A) to the committees of Congress specified in subparagraph 
(E), the Secretary shall notify the Inspector General of such element 
of the submittal of such statement and, to the extent consistent 
with the protection of intelligence sources and methods, provide 
the Inspector General with a copy of such statement. The Inspector 
General may submit to such committees of Congress any comments 
on a notice or statement received by the Inspector General under 
this subparagraph that the Inspector General considers appropriate. 
‘‘(D) The elements of the intelligence community specified in 
this subparagraph are as follows: 
‘‘(i) The Defense Intelligence Agency. 
‘‘(ii) The National Geospatial-Intelligence Agency. 
‘‘(iii) The National Reconnaissance Office. 
‘‘(iv) The National Security Agency. 
‘‘(E) The committees of Congress specified in this subparagraph 
are— 
‘‘(i) the Committee on Armed Services and the Select Com-
mittee on Intelligence of the Senate; and 
‘‘(ii) the Committee on Armed Services and the Permanent 
Select Committee on Intelligence of the House of Representa-
tives.’’. 
SEC. 444. CONFIRMATION OF APPOINTMENT OF HEADS OF CERTAIN 
COMPONENTS OF THE INTELLIGENCE COMMUNITY. 
(a) DIRECTOR OF NATIONAL SECURITY AGENCY.—The National 
Security Agency Act of 1959 (50 U.S.C. 402 note) is amended 
by inserting after the first section the following new section: 
‘‘SEC. 2. (a) There is a Director of the National Security Agency. 
‘‘(b) The Director of the National Security Agency shall be 
appointed by the President, by and with the advice and consent 
of the Senate. 
‘‘(c) The Director of the National Security Agency shall be 
the head of the National Security Agency and shall discharge such 
functions and duties as are provided by this Act or otherwise 
by law.’’. 
(b) DIRECTOR
OF NATIONAL RECONNAISSANCE OFFICE.—The 
Director of the National Reconnaissance Office shall be appointed 
by the President, by and with the advice and consent of the Senate. 
(c) POSITIONS OF IMPORTANCE AND RESPONSIBILITY.— 
(1) DESIGNATION OF POSITIONS.—The President may des-
ignate any of the positions referred to in paragraph (2) as 
positions of importance and responsibility under section 601 
of title 10, United States Code. 
(2) COVERED POSITIONS.—The positions referred to in this 
paragraph are as follows: 
(A) The Director of the National Security Agency. 
(B) The Director of the National Reconnaissance Office. 
(d) EFFECTIVE DATE
AND APPLICABILITY.—The amendments 
made by subsections (a) and (b) shall take effect on the date of 
the enactment of this Act and shall apply upon the earlier of— 
(1) the date of the nomination by the President of an 
individual to serve in the position concerned, except that the 
individual serving in such position as of the date of the enact-
ment of this Act may continue to perform such duties after 
such date of nomination and until the individual appointed
H. R. 2082—53 
to such position, by and with the advice and consent of the 
Senate, assumes the duties of such position; or 
(2) the date of the cessation of the performance of the 
duties of such position by the individual performing such duties 
as of the date of the enactment of this Act. 
SEC. 445. CLARIFICATION OF NATIONAL SECURITY MISSIONS OF 
NATIONAL 
GEOSPATIAL-INTELLIGENCE 
AGENCY 
FOR 
ANALYSIS 
AND 
DISSEMINATION 
OF 
CERTAIN 
INTEL-
LIGENCE INFORMATION. 
Section 442(a) of title 10, United States Code, is amended— 
(1) by redesignating paragraph (2) as paragraph (3); 
(2) by inserting after paragraph (1) the following new para-
graph (2): 
‘‘(2)(A) As directed by the Director of National Intelligence, 
the National Geospatial-Intelligence Agency shall also develop a 
system to facilitate the analysis, dissemination, and incorporation 
of likenesses, videos, and presentations produced by ground-based 
platforms, including handheld or clandestine photography taken 
by or on behalf of human intelligence collection organizations or 
available as open-source information, into the National System 
for Geospatial Intelligence. 
‘‘(B) The authority provided by this paragraph does not include 
authority for the National Geospatial-Intelligence Agency to manage 
tasking of handheld or clandestine photography taken by or on 
behalf of human intelligence collection organizations.’’; and 
(3) in paragraph (3), as so redesignated, by striking ‘‘para-
graph (1)’’ and inserting ‘‘paragraphs (1) and (2)’’. 
SEC. 446. SECURITY CLEARANCES IN THE NATIONAL GEOSPATIAL- 
INTELLIGENCE AGENCY. 
The Secretary of Defense shall, during the period beginning 
on the date of the enactment of this Act and ending on December 
31, 2008, delegate to the Director of the National Geospatial-Intel-
ligence Agency personnel security authority with respect to the 
National 
Geospatial-Intelligence 
Agency 
(including 
authority 
relating to the use of contractor personnel in investigations and 
adjudications for security clearances) that is identical to the per-
sonnel security authority of the Director of the National Security 
Agency with respect to the National Security Agency. 
Subtitle D—Other Elements 
SEC. 451. CLARIFICATION OF INCLUSION OF COAST GUARD AND DRUG 
ENFORCEMENT ADMINISTRATION AS ELEMENTS OF THE 
INTELLIGENCE COMMUNITY. 
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 
(B) by inserting ‘‘the Drug Enforcement Administra-
tion,’’ after ‘‘the Federal Bureau of Investigation,’’; and 
(2) in subparagraph (K), by striking ‘‘, including the Office 
of Intelligence of the Coast Guard’’.
H. R. 2082—54 
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. 
(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 inserting ‘‘December 31, 2008’’. 
(2) EFFECTIVE DATE.—Subject to paragraph (3), the amend-
ment 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 Research and Develop-
ment Programs of the United States Intelligence Commu-
nity established under subsection (a) of section 1002 of 
such Act (Public Law 107–306; 116 Stat. 2438) (referred 
to in this section as the ‘‘Commission’’) shall be considered 
vacant and new members shall be appointed in accordance 
with such section 1002, as amended by subparagraph (B). 
(B) TECHNICAL
AMENDMENT.—Paragraph (1) of sub-
section (b) of such section 1002 is amended by striking 
‘‘The Deputy Director of Central Intelligence for Commu-
nity Management.’’ and inserting ‘‘The Principal Deputy 
Director of National Intelligence.’’. 
(b) FUNDING.— 
(1) IN GENERAL.—Of the amounts authorized to be appro-
priated by this Act for the Intelligence Community Management 
Account, the Director of National Intelligence shall make 
$2,000,000 available 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 Commis-
sion pursuant to paragraph (1) shall remain available until 
expended. 
SEC. 502. REPORT ON INTELLIGENCE ACTIVITIES. 
Not later than 120 days after the date of the enactment of 
this Act, the Director of National Intelligence shall submit to the 
congressional intelligence committees a report describing authoriza-
tions, if any, granted during the 10-year period ending on the 
date of the enactment of this Act to engage in intelligence activities 
related to the overthrow of a democratically elected government. 
SEC. 503. AERIAL RECONNAISSANCE PLATFORMS. 
Section 133(b) of the John Warner National Defense Authoriza-
tion Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2112) 
is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘After fiscal year 2007’’ and inserting 
‘‘For each fiscal year after fiscal year 2007’’; and
H. R. 2082—55 
(B) by inserting ‘‘, in that fiscal year,’’ after ‘‘Secretary 
of Defense’’; and 
(2) in paragraph (2)— 
(A) by inserting ‘‘in a fiscal year’’ after ‘‘Department 
of Defense’’; and 
(B) by inserting ‘‘in that fiscal year’’ after ‘‘Congress’’. 
Subtitle B—Technical Amendments 
SEC. 511. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES 
CODE, ARISING FROM ENACTMENT OF THE INTELLIGENCE 
REFORM AND TERRORISM PREVENTION ACT OF 2004. 
(a) REFERENCES TO HEAD OF INTELLIGENCE COMMUNITY.—Title 
10, United States Code, is amended by striking ‘‘Director of Central 
Intelligence’’ each place it appears and inserting ‘‘Director of 
National Intelligence’’ in the following: 
(1) Section 193(d)(2). 
(2) Section 193(e). 
(3) Section 201(a). 
(4) Section 201(b)(1). 
(5) Section 201(c)(1). 
(6) Section 425(a). 
(7) Section 431(b)(1). 
(8) Section 441(c). 
(9) Section 441(d). 
(10) Section 443(d). 
(11) Section 2273(b)(1). 
(12) Section 2723(a). 
(b) CLERICAL AMENDMENTS.—Such title is further amended by 
striking ‘‘DIRECTOR
OF
CENTRAL
INTELLIGENCE’’ each place it 
appears and inserting ‘‘DIRECTOR OF NATIONAL INTELLIGENCE’’ in 
the following: 
(1) Section 441(c). 
(2) Section 443(d). 
(c) REFERENCE TO HEAD OF CENTRAL INTELLIGENCE AGENCY.— 
Section 444 of such title is amended by striking ‘‘Director of Central 
Intelligence’’ each place it appears and inserting ‘‘Director of the 
Central Intelligence Agency’’. 
SEC. 512. TECHNICAL AMENDMENT TO THE CENTRAL INTELLIGENCE 
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, subsections (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 inserting ‘‘author-
ized under section 104A of the National Security Act of 1947 (50 
U.S.C. 403–4a).’’. 
SEC. 513. TECHNICAL AMENDMENTS RELATING TO THE MULTIYEAR 
NATIONAL INTELLIGENCE PROGRAM. 
(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.
H. R. 2082—56 
(b) RESPONSIBILITY OF DIRECTOR OF NATIONAL INTELLIGENCE.— 
That section is further amended— 
(1) in subsections (a) and (c), by striking ‘‘Director of Cen-
tral Intelligence’’ and inserting ‘‘Director of National Intel-
ligence’’; and 
(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 PROGRAM.’’. 
SEC. 514. TECHNICAL CLARIFICATION OF CERTAIN REFERENCES 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 Intel-
ligence and Related Activities’’ and inserting ‘‘annual budget 
for the Military Intelligence Program or any successor program 
or programs’’; and 
(2) in subsection (d)(1)(B), by striking ‘‘Joint Military Intel-
ligence Program’’ and inserting ‘‘Military Intelligence Program 
or any successor program or programs’’. 
SEC. 515. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY 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 ‘‘subparagraph 
(A)’’ in the matter preceding subparagraph (A) and 
inserting ‘‘paragraph (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 sentence and inserting 
‘‘involved or the Director of the Central Intelligence 
Agency (in the case of the Central Intelligence 
Agency)’’; 
(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 inserting ‘‘subsection (i)’’. 
(3) In section 705(e)(2)(D)(i) (50 U.S.C. 432c(e)(2)(D)(i)), 
by striking ‘‘responsible’’ and inserting ‘‘responsive’’. 
SEC. 516. TECHNICAL AMENDMENTS TO THE INTELLIGENCE REFORM 
AND TERRORISM PREVENTION ACT OF 2004. 
(a) 
AMENDMENTS
TO
NATIONAL
SECURITY
INTELLIGENCE 
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:
H. R. 2082—57 
(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 heading by 
inserting ‘‘AGENCY’’ after ‘‘INTELLIGENCE’’. 
(b) OTHER AMENDMENTS TO INTELLIGENCE REFORM AND TER-
RORISM 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’’; 
(B) in subsection (e)(2), by striking ‘‘the National Intel-
ligence Director in a manner consistent 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 inserting ‘‘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 specific’’ and 
inserting ‘‘specific’’. 
SEC. 517. 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 striking the item relating to 
the Deputy Directors of Central Intelligence and inserting the fol-
lowing new item: 
‘‘Deputy Director of the Central Intelligence Agency.’’. 
(c) EXECUTIVE SCHEDULE LEVEL IV.—Section 5315 of title 5, 
United States Code, is amended by striking the item relating to 
the General Counsel of the Office of the National Intelligence 
Director and inserting the following new item:
H. R. 2082—58 
‘‘General Counsel of the Office of the Director of National 
Intelligence.’’. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.