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‘‘(2) the integrity of any program of the Depart-
ment, or of any person involved in such a program.
‘‘(d) CRITERIA
FOR ACCEPTANCE.—The Secretary
shall prescribe written guidance setting forth the criteria
to be used in determining whether the acceptance of a gift
or donation would have a result described in subsection (c).
‘‘(e) CREDITING OF FUNDS.—(1) There is established
on the books of the Treasury of the United States an account
to be known as the ‘Regional Centers for Security Studies
Account’.
‘‘(2) Gifts and donations of money accepted under sub-
section (a) shall be credited to the Account, and shall be
available until expended, without further appropriation, to
defray the costs, or enhance the operation, of the regional
center, combination of centers, or centers generally for
which donated under that subsection.
‘‘(f) GIFT OR DONATION DEFINED.—In this section,
the term ‘gift or donation’ means any gift or donation of
funds, materials (including research materials), real or per-
sonal property, or services (including lecture services and
faculty services).’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 155 of such title is
amended by striking the item relating to section 2611
and inserting the following new item:
‘‘2611. Regional centers for security studies: acceptance of gifts and donations.’’.
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(b) CONFORMING AMENDMENTS.—
(1) Section 1306 of the National Defense Author-
ization Act for Fiscal Year 1995 (Public Law 103–
337; 108 Stat. 2892) is amended by striking sub-
section (a).
(2) Section 1065 of the National Defense Author-
ization Act for Fiscal Year 1997 (10 U.S.C. 113 note)
is amended—
(A) by striking subsection (a); and
(B) by redesignating subsections (b) and (c)
as subsections (a) and (b), respectively.
(c) EFFECTIVE DATE.—The amendments made by this
section shall take effect on October 1, 2005.
SEC. 922. OPERATIONAL FILES OF THE DEFENSE INTEL-
LIGENCE AGENCY.
(a) PROTECTION OF OPERATIONAL FILES OF DEFENSE
INTELLIGENCE AGENCY.—(1) Title VII of the National Se-
curity Act of 1947 (50 U.S.C. 431 et. seq.) is amended by
adding at the end the following new section:
‘‘OPERATIONAL FILES OF THE DEFENSE INTELLIGENCE
AGENCY
‘‘SEC. 705. (a) EXEMPTION OF OPERATIONAL FILES.—
The Director of the Defense Intelligence Agency, in coordi-
nation with the Director of National Intelligence, may ex-
empt operational files of the Defense Intelligence Agency
from the provisions of section 552 of title 5, United States
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Code, which require publication, disclosure, search, or re-
view in connection therewith.
‘‘(b) OPERATIONAL FILES DEFINED.—(1) In this sec-
tion, the term ‘operational files’ means—
‘‘(A) files of the Directorate of Human Intel-
ligence of the Defense Intelligence Agency (and any
successor organization of that directorate) that docu-
ment the conduct of foreign intelligence or counter-
intelligence operations or intelligence or security liai-
son arrangements or information exchanges with for-
eign governments or their intelligence or security
services; and
‘‘(B) files of the Directorate of Technology of the
Defense Intelligence Agency (and any successor orga-
nization of that directorate) that document the means
by which foreign intelligence or counterintelligence is
collected through technical systems.
‘‘(2) Files that are the sole repository of disseminated
intelligence are not operational files.
‘‘(c) SEARCH AND REVIEW FOR INFORMATION.—Not-
withstanding subsection (a), exempted operational files
shall continue to be subject to search and review for infor-
mation concerning:
‘‘(1) United States citizens or aliens lawfully ad-
mitted for permanent residence who have requested
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information on themselves pursuant to the provisions
of section 552 or 552a of title 5, United States Code.
‘‘(2) Any special activity the existence of which
is not exempt from disclosure under the provisions of
section 552 of title 5, United States Code.
‘‘(3) The specific subject matter of an investiga-
tion by any of the following for any impropriety, or
violation of law, Executive Order, or Presidential di-
rective, in the conduct of an intelligence activity:
‘‘(A) The Committee on Armed Services and
the Permanent Select Committee on Intelligence
of the House of Representatives.
‘‘(B) The Committee on Armed Services and
the Select Committee on Intelligence of the Sen-
ate.
‘‘(C) The Intelligence Oversight Board.
‘‘(D) The Department of Justice.
‘‘(E) The Office of General Counsel of the
Department of Defense or of the Defense Intel-
ligence Agency.
‘‘(F) The Office of Inspector General of the
Department of Defense or of the Defense Intel-
ligence Agency.
‘‘(G) The Office of the Director of the De-
fense Intelligence Agency.