[Congressional Bills 109th Congress]
[From the U.S. Government Printing Office]
[S. 1803 Reported in Senate (RS)]
109th CONGRESS
1st Session
S. 1803
[Report No. 109-142]
To authorize appropriations for fiscal year 2006 for intelligence and
intelligence-related activities of the United States Government, the
Intelligence Community Management Account, and the Central Intelligence
Agency Retirement and Disability System, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 29, 2005
Mr. Roberts, from the Select Committee on Intelligence, reported the
following original bill; which was read twice and referred to the
Committee on Armed Services pursuant to section 3(b) of S. Res. 400,
94th Congress, as amended by S. Res. 445, 108th Congress, for a period
not to exceed 10 days of session
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2006 for intelligence and
intelligence-related activities of the United States Government, the
Intelligence Community Management Account, and the Central Intelligence
Agency Retirement and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Incorporation of classified annex.
Sec. 104. Personnel ceiling adjustments.
Sec. 105. Intelligence Community Management Account.
Sec. 106. Incorporation of reporting requirements.
Sec. 107. Response of intelligence community to requests from Congress
for intelligence documents and information.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--INTELLIGENCE AND GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Clarification of definition of intelligence community under
the National Security Act of 1947.
Sec. 304. Delegation of authority for travel on common carriers for
intelligence collection personnel.
Sec. 305. Modification of availability of funds for different
intelligence activities.
Sec. 306. Retention and use of amounts paid as debts to elements of the
intelligence community.
Sec. 307. Pilot program on disclosure of records under the Privacy Act
relating to certain intelligence
activities.
Sec. 308. Extension to intelligence community of authority to delete
information about receipt and disposition
of foreign gifts and decorations.
Sec. 309. Availability of funds for travel and transportation of
personal effects, household goods, and
automobiles.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Additional authorities of the Director of National
Intelligence on intelligence information
sharing.
Sec. 402. Modification of limitation on delegation by the Director of
National Intelligence of the protection of
intelligence sources and methods.
Sec. 403. Authority of the Director of National Intelligence to manage
access to human intelligence information.
Sec. 404. Additional administrative authority of the Director of
National Intelligence.
Sec. 405. Clarification of limitation on co-location of the Office of
the Director of National Intelligence.
Sec. 406. Additional duties of the Director of Science and Technology
of the Office of the Director of National
Intelligence.
Sec. 407. Appointment and title of Chief Information Officer of the
Intelligence Community.
Sec. 408. Inspector General of the Intelligence Community.
Sec. 409. Leadership and location of National Counter Proliferation
Center.
Sec. 410. Operational files in the Office of the Director of National
Intelligence.
Sec. 411. Eligibility for incentive awards of personnel assigned to the
Office of the Director of National
Intelligence.
Sec. 412. Repeal of certain authorities relating to the Office of the
National Counterintelligence Executive.
Sec. 413. Inapplicability of Federal Advisory Committee Act to advisory
committees of the Office of the Director of
National Intelligence.
Sec. 414. Membership of the Director of National Intelligence on the
Transportation Security Oversight Board.
Sec. 415. Temporary inapplicability to the Office of the Director of
National Intelligence of certain financial
reporting requirements.
Sec. 416. Applicability of the Privacy Act to the Director of National
Intelligence and the Office of the Director
of National Intelligence.
Sec. 417. Temporary exemption from personnel limits of certain office
of Director of National Intelligence
personnel assigned to the National
Counterterrorism Center.
Subtitle B--Central Intelligence Agency
Sec. 421. Director and Deputy Director of the Central Intelligence
Agency.
Sec. 422. Enhanced protection of Central Intelligence Agency
intelligence sources and methods from
unauthorized disclosure.
Sec. 423. Additional exception to foreign language proficiency
requirement for certain senior level
positions in the Central Intelligence
Agency.
Sec. 424. Exclusion of the Central Intelligence Agency from annual
report on improvement of financial
statements for auditing purposes.
Sec. 425. Additional functions and authorities for protective personnel
of the Central Intelligence Agency.
Sec. 426. Modification of exclusion of military officer serving as
Associate Director of the Central
Intelligence Agency for Military Support
from officer strength and distribution-in-
grade limitations.
Subtitle C--Defense Intelligence Components
Sec. 431. Modification of requirements on disclosure of governmental
affiliation by Department of Defense
intelligence personnel.
Sec. 432. Enhancements of National Security Agency training program.
Sec. 433. Codification of authorities of National Security Agency
protective personnel.
Sec. 434. Protection of operational files of the Defense Intelligence
Agency.
Sec. 435. Inspector General matters.
Sec. 436. Confirmation of appointment of heads of certain components of
the intelligence community.
Sec. 437. Security clearances in the National Geospatial-Intelligence
Agency.
Subtitle D--Other Elements
Sec. 441. Department of Justice intelligence matters.
Sec. 442. Foreign language incentive for certain non-special agent
employees of the Federal Bureau of
Investigation.
Sec. 443. Authority to secure services by contract for the Bureau of
Intelligence and Research of the Department
of State.
Sec. 444. Clarification of inclusion of Coast Guard element in the
intelligence community.
Sec. 445. Clarifying amendments relating to section 105 of the
Intelligence Authorization Act for Fiscal
Year 2004.
TITLE V--OTHER MATTERS
Sec. 501. Technical amendments to the National Security Act of 1947.
Sec. 502. Technical clarification of certain references to Joint
Military Intelligence Program and Tactical
Intelligence and Related Activities.
Sec. 503. Technical amendments to the Intelligence Reform and Terrorism
Prevention Act of 2004.
Sec. 504. Technical amendment to the Central Intelligence Agency Act of
1949.
Sec. 505. Technical amendments relating to the multiyear national
intelligence program.
Sec. 506. Technical amendments to the Executive Schedule.
Sec. 507. Technical amendments relating to redesignation of the
National Imagery and Mapping Agency as the
National Geospatial-Intelligence Agency.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2006
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 Intelligence.
(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 Department of the Navy,
and the Department of the Air Force.
(7) The Department of State.
(8) The Department of the Treasury.
(9) The Department of Energy.
(10) The Department of Justice.
(11) The Federal Bureau of Investigation.
(12) The National Reconnaissance Office.
(13) The National Geospatial-Intelligence Agency.
(14) The Coast Guard.
(15) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Ceilings.--The amounts
authorized to be appropriated under section 101, and the authorized
personnel ceilings as of September 30, 2006, for the conduct of the
intelligence and intelligence-related activities of the elements listed
in such section, are those specified in the classified Schedule of
Authorizations prepared to accompany the conference report on the bill
_____ of the One Hundred Ninth Congress and in the Classified Annex to
such report as incorporated in this Act under section 103.
(b) Availability of Classified Schedule of Authorizations.--The
Schedule of Authorizations shall be made available to the Committees on
Appropriations of the Senate and House of Representatives 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.
SEC. 103. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex prepared by
the Select Committee on Intelligence of the Senate to accompany its
report on the bill S. 1803 of the One Hundred Ninth Congress and
transmitted to the President is hereby incorporated into this Act.
(b) Construction With Other Provisions of Act.--Unless otherwise
specifically stated, the amounts specified in the Classified Annex are
not in addition to amounts authorized to be appropriated by other
provisions of this Act.
(c) Limitation on Use of Funds.--Funds appropriated pursuant to an
authorization contained in this Act that are made available for a
program, project, or activity referred to in the Classified Annex may
only be expended for such program, project, or activity in accordance
with such terms, conditions, limitations, restrictions, and
requirements as are set out for that program, project, or activity in
the Classified Annex.
(d) Distribution of Classified Annex.--The President shall provide
for appropriate distribution of the Classified Annex, or of appropriate
portions of the annex, within the executive branch of the Government.
SEC. 104. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Adjustments.--With the approval of the Director
of the Office of Management and Budget, the Director of National
Intelligence may authorize employment of civilian personnel in excess
of the number authorized for fiscal year 2006 under section 102 when
the Director of National Intelligence determines that such action is
necessary to the performance of important intelligence functions,
except that the number of personnel employed in excess of the number
authorized under such section may not, for any element of the
intelligence community, exceed 2 percent of the number of civilian
personnel authorized under such section for such element.
(b) Notice to Intelligence Committees.--The Director of National
Intelligence shall promptly notify the Select Committee on Intelligence
of the Senate and the Permanent Select Committee on Intelligence of the
House of Representatives whenever the Director exercises the authority
granted by this section.
SEC. 105. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2006 the sum of
$1,014,362,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) for advanced
research and development shall remain available until September 30,
2007.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 882 full-time personnel as of September 30,
2006. Personnel serving in such elements may be permanent employees of
the Intelligence Community Management Account or personnel detailed
from other elements of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are also
authorized to be appropriated for the Intelligence Community
Management Account for fiscal year 2006 such additional amounts
as are specified in the classified Schedule of Authorizations
referred to in section 102(a). Such additional amounts for
research and development shall remain available until September
30, 2007.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2006, there are also authorized such additional personnel for
such elements as of that date as are specified in the
classified Schedule of Authorizations.
(d) Reimbursement.--Except as provided in section 113 of the
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year 2006
any officer or employee of the United States or a member of the Armed
Forces who is detailed to the staff of the Intelligence Community
Management Account from another element of the United States Government
shall be detailed on a reimbursable basis, except that any such
officer, employee, or member may be detailed on a nonreimbursable basis
for a period of less than one year for the performance of temporary
functions as required by the Director of National Intelligence.
(e) National Drug Intelligence Center.--
(1) In general.--Of the amount authorized to be
appropriated in subsection (a), $17,000,000 shall be available
for the National Drug Intelligence Center. Within such amount,
funds provided for research, development, testing, and
evaluation purposes shall remain available until September 30,
2007, and funds provided for procurement purposes shall remain
available until September 30, 2008.
(2) Transfer of funds.--The Director of National
Intelligence shall transfer to the Attorney General funds
available for the National Drug Intelligence Center under
paragraph (1). The Attorney General shall utilize funds so
transferred for the activities of the National Drug
Intelligence Center.
(3) Limitation.--Amounts available for the National Drug
Intelligence Center may not be used in contravention of the
provisions of section 104A(e)(1) of the National Security Act
of 1947 (as redesignated by section 421(b)(1) of this Act).
(4) Authority.--Notwithstanding any other provision of law,
the Attorney General shall retain full authority over the
operations of the National Drug Intelligence Center.
SEC. 106. INCORPORATION OF REPORTING REQUIREMENTS.
(a) In General.--Each requirement to submit a report to the
congressional intelligence committees that is included in the joint
explanatory statement to accompany the conference report on the bill
____ of the One Hundred Ninth Congress, or in the classified annex to
this Act, is hereby incorporated into this Act, and is hereby made a
requirement in law.
(b) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 107. RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS FROM CONGRESS
FOR INTELLIGENCE DOCUMENTS AND INFORMATION.
(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:
``response of intelligence community to requests from congress for
intelligence documents and information
``Sec. 508. (a) Requests of Committees.--The Director of National
Intelligence, the Director of the National Counterterrorism Center, the
Director of a national intelligence center, or the head of any other
department, agency, or element of the Federal Government, or other
organization within the Executive branch, that is an element of the
intelligence community shall, not later than 15 days after receiving a
request for any intelligence assessment, report, estimate, legal
opinion, or other intelligence information from the Select Committee on
Intelligence of the Senate, the Permanent Select Committee on
Intelligence of the House of Representatives, or any other committee of
Congress with jurisdiction over the subject matter to which information
in such assessment, report, estimate, legal opinion, or other
information relates, make available to such committee such assessment,
report, estimate, legal opinion, or other information, as the case may
be.
``(b) Requests of Certain Members.--(1) The Director of National
Intelligence, the Director of the National Counterterrorism Center, the
Director of a national intelligence center, or the head of any other
department, agency, or element of the Federal Government, or other
organization within the Executive branch, that is an element of the
intelligence community shall respond, in the time specified in
subsection (a), to a request described in that subsection from the
Chairman or Vice Chairman of the Select Committee on Intelligence of
the Senate or the Chairman or Ranking Member of the Permanent Select
Committee on Intelligence of the House of Representatives.
``(2) Upon making a request covered by paragraph (1)--
``(A) the Chairman or Vice Chairman, as the case may be, of
the Select Committee on Intelligence of the Senate shall notify
the other of the Chairman or Vice Chairman of such request; and
``(B) the Chairman or Ranking Member, as the case may be,
of the Permanent Select Committee on Intelligence of the House
of Representatives shall notify the other of the Chairman or
Ranking Member of such request.
``(c) Assertion of Privilege.--In response to a request covered by
subsection (a) or (b), the Director of National Intelligence, the
Director of the National Counterterrorism Center, the Director of a
national intelligence center, or the head of any other department,
agency, or element of the Federal Government, or other organization
within the Executive branch, that is an element of the intelligence
community shall provide the document or information covered by such
request unless the President certifies that such document or
information is not being provided because the President is asserting a
privilege pursuant to the Constitution of the United States.''.
(b) Clerical Amendment.--The table of contents in the first section
of that Act is amended by inserting after the item relating to section
507 the following new item:
``Sec. 508. Response of intelligence community to requests from
Congress for intelligence documents and
information.''.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2006 the sum of
$244,600,000.
TITLE III--INTELLIGENCE AND GENERAL INTELLIGENCE COMMUNITY 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. 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. 303. CLARIFICATION OF DEFINITION OF INTELLIGENCE COMMUNITY UNDER
THE NATIONAL SECURITY ACT OF 1947.
Subparagraph (L) of section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)) is amended by striking ``other'' the second
place it appears.
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), 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 community.''; and
(3) by adding at the end the following new paragraph:
``(2) The head of an element of the intelligence community to whom
the authority in subsection (a) is delegated 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) Submittal of Guidelines to Congress.--Not later than six months
after the date of the enactment of this Act, the Director of National
Intelligence shall prescribe and submit to the congressional
intelligence committees the guidelines referred to in paragraph (2) of
section 116(b) of the National Security Act of 1947, as added by
subsection (a).
(c) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 305. MODIFICATION OF AVAILABILITY OF FUNDS FOR DIFFERENT
INTELLIGENCE ACTIVITIES.
Subparagraph (B) of section 504(a)(3) of the National 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 effectiveness, or increases
efficiency; and''.
SEC. 306. RETENTION AND USE OF AMOUNTS PAID AS DEBTS TO ELEMENTS OF THE
INTELLIGENCE COMMUNITY.
(a) In General.--Title XI of the National Security Act of 1947 (50
U.S.C. 442 et seq.) is amended by adding at the end the following new
section:
``retention and use of amounts paid as debts to elements of the
intelligence community
``Sec. 1103. (a) Authority To Retain Amounts Paid.--Notwithstanding
section 3302 of title 31, United States Code, or any other provision of
law, the head of an element of the intelligence community may retain
amounts paid or reimbursed to the United States, including amounts paid
by an employee of the Federal Government from personal funds, for
repayment of a debt owed to the element of the intelligence community.
``(b) Crediting of Amounts Retained.--(1) Amounts retained under
subsection (a) shall be credited to the current appropriation or
account from which such funds were derived or whose expenditure formed
the basis for the underlying activity from which the debt concerned
arose.
``(2) Amounts credited to an appropriation or account under
paragraph (1) shall be merged with amounts in such appropriation or
account, and shall be available in accordance with subsection (c).
``(c) Availability of Amounts.--Amounts credited to an
appropriation or account under subsection (b) with respect to a debt
owed to an element of the intelligence community shall be available to
the head of such element, for such time as is applicable to amounts in
such appropriation or account, for purposes as follows:
``(1) In the case of a debt arising from lost or damaged
property of such element, the repair of such property or the
replacement of such property with alternative property that
will perform the same or similar functions as such property.
``(2) The funding of any other activities authorized to be
funded by such appropriation or account.
``(d) Debt Owed to an Element of the Intelligence Community
Defined.--In this section, the term `debt owed to an element of the
intelligence community' means any of the following:
``(1) A debt owed to an element of the intelligence
community by an employee or former employee of such element for
the negligent or willful loss of or damage to property of such
element that was procured by such element using appropriated
funds.
``(2) A debt owed to an element of the intelligence
community by an employee or former employee of such element as
repayment for default on the terms and conditions associated
with a scholarship, fellowship, or other educational assistance
provided to such individual by such element, whether in
exchange for future services or otherwise, using appropriated
funds.
``(3) Any other debt or repayment owed to an element of the
intelligence community by a private person or entity by reason
of the negligent or willful action of such person or entity, as
determined by a court of competent jurisdiction or in a lawful
administrative proceeding.''.
(b) Clerical Amendment.--The table of contents in the first section
of that Act is amended by adding at the end the following new item:
``Sec. 1103. Retention and use of amounts paid as debts to elements of
the intelligence community.''.
SEC. 307. PILOT PROGRAM ON DISCLOSURE OF RECORDS UNDER THE PRIVACY ACT
RELATING TO CERTAIN INTELLIGENCE ACTIVITIES.
(a) In General.--Subsection (b) of section 552a of title 5, United
States Code, is amended--
(1) in paragraph (11), by striking ``and'' at the end;
(2) in paragraph (12), by striking the period and inserting
``; or''; and
(3) by adding at the end the following new paragraph:
``(13) to an element of the intelligence community set
forth in or designated under section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4))--
``(A) by another element of the intelligence
community, or by a department or agency of the Federal
Government containing an element of the intelligence
community, that maintains the record, if the record is
relevant to a lawful and authorized foreign
intelligence or counterintelligence activity conducted
by the receiving element of the intelligence community;
or
``(B) by any other agency that maintains the
record, if--
``(i) it is the responsibility of that
agency to protect the United States or its
interests against the threat of international
terrorism or the proliferation of weapons of
mass destruction; and
``(ii)(I) the head of the element of the
intelligence community makes a written request
to that agency specifying the record, or the
particular portion thereof, that is relevant to
a lawful and authorized activity of the element
of the intelligence community to protect
against international terrorism or the
proliferation of weapons of mass destruction;
or
``(II) the head of that agency determines
that--
``(aa) the record, or particular
portion thereof, constitutes terrorism
information (as that term is defined in
section 1016(a)(4) of the National
Security Intelligence Reform Act of
2004 (title I of Public Law 108-458))
or information concerning the
proliferation of weapons of mass
destruction; and
``(bb) the disclosure of the
record, or particular portion thereof,
will be to an element of the
intelligence community authorized to
collect and analyze foreign
intelligence or counterintelligence
information related to international
terrorism or the proliferation of
weapons of mass destruction.''.
(b) Exemption From Certain Privacy Act Requirements for Record
Access and Accounting for Disclosures.--Elements of the intelligence
community set forth in or designated under section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)) receiving a disclosure under
subsection (b)(13) of section 552a of title 5, United States Code,
shall not be required to comply with subsection (c)(3), (c)(4), or (d)
of such section 552a with respect to such disclosure, or the records,
or portions thereof, disclosed under subsection (b)(13) of such section
552a.
(c) Consultation on Determinations of Information Type.--Such
section is further amended by adding at the end the following new
subsection:
``(w) Authority To Consult on Determinations of Information Type.--
When determining for purposes of subsection (b)(13)(B)(ii)(II) whether
a record constitutes terrorism information (as that term is defined in
section 1016(a)(4)) of the National Security Intelligence Reform Act of
2004 (title I of Public Law 108-458; 118 Stat. 3665)) or information
concerning the proliferation of weapons of mass destruction, the head
of an agency may consult with the Director of National Intelligence or
the Attorney General.''.
(d) Construction.--Nothing in the amendments made by this section
shall be deemed to constitute authority for the collection or retention
of foreign intelligence or counterintelligence information not
otherwise authorized by the Constitution, laws, or Executive orders of
the United States.
(e) Reports.--
(1) Annual reports.--Not later than one year after the date
of the enactment of this Act, and annually thereafter through
2008, the Director of National Intelligence and the Attorney
General, in coordination with the Privacy and Civil Liberties
Oversight Board, shall jointly submit to the congressional
intelligence committees a report on the administration of the
amendments made by this section.
(2) Final report.--Not later than six months before the
date specified in subsection (f), the Director of National
Intelligence and the Attorney General, in coordination with the
Privacy and Civil Liberties Oversight Board, shall jointly
submit to the congressional intelligence committees a report on
administration of the amendments made by this section. The
report shall include the recommendations of the Director and
the Attorney General regarding the continuation in effect of
such amendments after such date.
(3) Review and report by privacy and civil liberties
oversight board.--Not later than six months before the date
specified in subsection (f), the Privacy and Civil Liberties
Oversight Board shall--
(A) review the administration of the amendments
made by this section; and
(B) in a manner consistent with section 1061(c)(1)
of the National Security Intelligence Reform Act of
2004 (title I of Public Law 108-458; 118 Stat. 3684; 5
U.S.C. 601 note), submit to the congressional
intelligence committees a report providing such advice
and counsel on the administration of the amendments
made by this section as the Board considers
appropriate.
(4) Congressional intelligence committees defined.--In this
subsection, the term ``congressional intelligence committees''
means--
(A) the Select Committee on Intelligence of the
Senate; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives.
(f) Termination.--The amendments made by this section shall cease
to have effect on December 31, 2009.
SEC. 308. EXTENSION TO INTELLIGENCE COMMUNITY OF AUTHORITY TO DELETE
INFORMATION 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 subparagraphs (A) and (C) of paragraphs (2)
and (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 intelligence 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 Intelligence.
``(C) In this paragraph, the term `element of the intelligence
community' means an element of the intelligence community listed in or
designated under section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4)).''.
SEC. 309. AVAILABILITY OF FUNDS FOR TRAVEL AND TRANSPORTATION OF
PERSONAL EFFECTS, HOUSEHOLD GOODS, AND AUTOMOBILES.
(a) Funds of Office of Director of National Intelligence.--Funds
appropriated to the Office of the Director of National Intelligence and
available for travel and transportation expenses shall be available for
such expenses when any part of the travel or transportation concerned
begins in a fiscal year pursuant to travel orders issued in such fiscal
year, notwithstanding that such travel or transportation is or may not
be completed during such fiscal year.
(b) Funds of Central Intelligence Agency.--Funds appropriated to
the Central Intelligence Agency and available for travel and
transportation expenses shall be available for such expenses when any
part of the travel or transportation concerned begins in a fiscal year
pursuant to travel orders issued in such fiscal year, notwithstanding
that such travel or transportation is or may not be completed during
such fiscal year.
(c) Travel and Transportation Expenses Defined.--In this section,
the term ``travel and transportation expenses'' means the following:
(1) Expenses in connection with travel of personnel,
including travel of dependents.
(2) Expenses in connection with transportation of personal
effects, household goods, or automobiles of personnel.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. ADDITIONAL AUTHORITIES OF THE DIRECTOR OF NATIONAL
INTELLIGENCE ON INTELLIGENCE INFORMATION SHARING.
Section 102A(g)(1) of the National Security Act of 1947 (50 U.S.C.
403-1(g)(1)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period and
inserting a semicolon; and
(3) by adding at the end the following the following new
subparagraphs:
``(G) in carrying out this subsection, have the authority--
``(i) to direct the development, deployment, and
utilization of systems of common concern for elements
of the intelligence community, or that support the
activities of such elements, related to the collection,
processing, analysis, exploitation, and dissemination
of intelligence information; and
``(ii) without regard to any provision of law
relating to the transfer, reprogramming, obligation, or
expenditure of funds, other than the provisions of this
Act and the National Security Intelligence Reform Act
of 2004 (title I of Public Law 108-458), to expend
funds for purposes associated with the development,
deployment, and utilization of such systems, which
funds may be received and utilized by any department,
agency, or other element of the United States
Government for such purposes; and
``(H) for purposes of addressing critical gaps in
intelligence information sharing or access capabilities, have
the authority to transfer funds appropriated for a program
within the National Intelligence Program to a program funded by
appropriations not within the National Intelligence Program,
consistent with paragraphs (3) through (7) of subsection
(d).''.
SEC. 402. MODIFICATION OF LIMITATION ON DELEGATION BY THE DIRECTOR OF
NATIONAL INTELLIGENCE OF THE PROTECTION OF INTELLIGENCE
SOURCES AND METHODS.
Section 102A(i)(3) of the National Security Act of 1947 (50 U.S.C.
403-1(i)(3)) is amended by inserting before the period the following:
``, any Deputy Director of National Intelligence, or the Chief
Information Officer of the Intelligence Community''.
SEC. 403. AUTHORITY OF THE DIRECTOR OF NATIONAL INTELLIGENCE TO MANAGE
ACCESS TO HUMAN INTELLIGENCE INFORMATION.
Section 102A(b) of the National Security Act of 1947 (50 U.S.C.
403-1(b)) is amended--
(1) by inserting ``(1)'' before ``Unless''; and
(2) by adding at the end the following new paragraph:
``(2) The Director of National Intelligence shall--
``(A) have access to all information, including
intelligence reports, operational data, and other associated
information, concerning the human intelligence operations of
any element of the intelligence community authorized to
undertake such collection;
``(B) consistent with the protection of intelligence
sources and methods, ensure maximum access to the intelligence
information contained in the information referred to in
subparagraph (A) throughout the intelligence community; and
``(C) consistent with subparagraph (B), provide within the
Office of the Director of National Intelligence a mechanism for
intelligence community analysts and other officers with
appropriate clearances and an official need-to-know to gain
access to information referred to in subparagraph (A) or (B)
when relevant to their official responsibilities.''.
SEC. 404. ADDITIONAL ADMINISTRATIVE AUTHORITY OF THE DIRECTOR OF
NATIONAL INTELLIGENCE.
Section 102A of the National Security Act of 1947 (50 U.S.C. 403-1)
is amended by adding at the end the following new subsection:
``(s) Additional Administrative Authorities.--(1) Notwithstanding
section 1532 of title 31, United States Code, or any other provision of
law prohibiting the interagency financing of activities described in
clause (i) or (ii) of subparagraph (A), in the performance of the
responsibilities, authorities, and duties of the Director of National
Intelligence or the Office of the Director of National Intelligence--
``(A) the Director may authorize the use of interagency
financing for--
``(i) national intelligence centers established by
the Director under section 119B; and
``(ii) boards, commissions, councils, committees,
and similar groups established by the Director; and
``(B) upon the authorization of the Director, any
department, agency, or element of the United States Government,
including any element of the intelligence community, may fund
or participate in the funding of such activities.
``(2) No provision of law enacted after the date of the enactment
of this subsection shall be deemed to limit or supersede the authority
in paragraph (1) unless such provision makes specific reference to the
authority in that paragraph.''.
SEC. 405. CLARIFICATION OF LIMITATION ON CO-LOCATION OF THE OFFICE OF
THE DIRECTOR OF NATIONAL 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 inserting ``the
headquarters of any other element''.
SEC. 406. ADDITIONAL DUTIES OF THE DIRECTOR OF SCIENCE AND TECHNOLOGY
OF THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.
(a) Coordination and Prioritization of Research Conducted by
Elements of Intelligence Community.--Subsection (d) of section 103E of
the National Security Act of 1947 (50 U.S.C. 403-3e) is amended--
(1) in paragraph (3)(A), by inserting ``and prioritize''
after ``coordinate''; and
(2) by adding at the end the following new paragraph:
``(4) In carrying out paragraph (3)(A), the Committee shall
identify basic, advanced, and applied research programs to be carried
out by elements of the intelligence community.''.
(b) Development of Technology Goals.--That section is further
amended--
(1) in subsection (c)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) by redesignating paragraph (5) as paragraph
(8); and
(C) by inserting after paragraph (4) the following
new paragraphs:
``(5) assist the Director in establishing goals for the
elements of the intelligence community to meet the technology
needs of the intelligence community;
``(6) under the direction of the Director, establish
engineering standards and specifications applicable to each
acquisition of a major system (as that term is defined in
section 506A(e)(3)) by the intelligence community;
``(7) ensure that each acquisition program of the
intelligence community for a major system (as so defined)
complies with the standards and specifications established
under paragraph (6); and''; and
(2) by adding at the end the following new subsection:
``(e) Goals for Technology Needs of Intelligence Community.--In
carrying out subsection (c)(5), the Director of Science and Technology
shall--
``(1) perform systematic identification and assessment of
the most significant intelligence challenges that require
technical solutions;
``(2) examine options to enhance the responsiveness of
research and design programs to meet the requirements of the
intelligence community for timely support; and
``(3) assist the Director of National Intelligence in
establishing research and development priorities and projects
for the intelligence community that--
``(A) are consistent with current or future
national intelligence requirements;
``(B) address deficiencies or gaps in the
collection, processing, analysis, or dissemination of
national intelligence;
``(C) take into account funding constraints in
program development and acquisition; and
``(D) address system requirements from collection
to final dissemination (also known as `end-to-end
architecture').''.
(c) Report.--(1) Not later than June 30, 2006, the Director of
National Intelligence shall submit to Congress a report containing a
strategy for the development and use of technology in the intelligence
community through 2021.
(2) The report shall include--
(A) an assessment of the highest priority intelligence gaps
across the intelligence community that may be resolved by the
use of technology;
(B) goals for advanced research and development and a
strategy to achieve such goals;
(C) an explanation of how each advanced research and
development project funded under the National Intelligence
Program addresses an identified intelligence gap;
(D) a list of all current and projected research and
development projects by research type (basic, advanced, or
applied) with estimated funding levels, estimated initiation
dates, and estimated completion dates; and
(E) a plan to incorporate technology from research and
development projects into National Intelligence Program
acquisition programs.
(3) The report may be submitted in classified form.
SEC. 407. APPOINTMENT AND TITLE OF CHIEF INFORMATION OFFICER OF THE
INTELLIGENCE COMMUNITY.
(a) Appointment.--Subsection (a) of section 103G of the National
Security Act of 1947 (50 U.S.C. 403-3g) is amended by striking ``the
President, by and with the advice and consent of the Senate'' and
inserting ``the Director of National Intelligence''.
(b) Title.--Such section is further amended--
(1) in subsection (a), by inserting ``of the Intelligence
Community'' after ``Chief Information Officer'';
(2) in subsection (b), by inserting ``of the Intelligence
Community'' after ``Chief Information Officer'';
(3) in subsection (c), by inserting ``of the Intelligence
Community'' after ``Chief Information Officer''; and
(4) in subsection (d), by inserting ``of the Intelligence
Community'' after ``Chief Information Officer'' the first place
it appears.
SEC. 408. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.
(a) Establishment.--(1) Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.) is amended by inserting after section 103G
the following new section:
``inspector general of the intelligence community
``Sec. 103H. (a) Office of Inspector General of Intelligence
Community.--There is within the Office 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 Inspector General
of the Intelligence Community is to--
``(1) create an objective and effective office,
appropriately accountable to Congress, to initiate and conduct
independently investigations, inspections, and audits relating
to--
``(A) the programs and operations of the
intelligence community;
``(B) the elements of the intelligence community
within the National Intelligence Program; and
``(C) the relationships between the elements of the
intelligence community within the National Intelligence
Program and the other elements of the intelligence
community;
``(2) recommend policies designed--
``(A) to promote economy, efficiency, and
effectiveness in the administration and implementation
of such programs and operations, and in such
relationships; and
``(B) to prevent and detect fraud and abuse in such
programs, operations, and relationships;
``(3) provide a means for keeping the Director of National
Intelligence fully and currently informed about--
``(A) problems and deficiencies relating to the
administration and implementation of such programs and
operations, and to such relationships; 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 the administration and implementation of
such programs and operations, and to such
relationships; and
``(B) the necessity for, and the progress of,
corrective actions.
``(c) Inspector General of Intelligence Community.--(1) There is an
Inspector General of the Intelligence 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 community, and prior
experience in the field of intelligence or national security;
and
``(C) on the basis of demonstrated ability in accounting,
financial analysis, law, management analysis, 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 office only by the
President. The President shall immediately communicate in writing to
the congressional intelligence committees the reasons for the removal
of any individual from the position of Inspector General.
``(d) Duties and Responsibilities.--It shall be the duty and
responsibility of the Inspector General of the Intelligence Community--
``(1) to provide policy direction for, and to plan,
conduct, supervise, and coordinate independently, the
investigations, inspections, and audits relating to the
programs and operations of the intelligence community, the
elements of the intelligence community within the National
Intelligence Program, and the relationships between the
elements of the intelligence community within the National
Intelligence Program and the other elements of the intelligence
community to ensure they are conducted efficiently and in
accordance with applicable law and regulations;
``(2) to keep the Director of National Intelligence fully
and currently informed concerning violations of law and
regulations, violations of civil liberties and privacy, and
fraud and other serious problems, abuses, and deficiencies that
may occur in such programs and operations, and in such
relationships, 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
investigation, 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 performance of the duties
of the Inspector General.
``(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 Inspector General has responsibilities under this
section.
``(C) The level of classification or compartmentation of
information 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 appropriate
administrative actions by the Director or, on the recommendation of the
Director, other appropriate officials of the intelligence community,
including 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 violation 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--
``(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
disclosure is made to an official of the Department of Justice
responsible 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, affirmation, or affidavit, whenever
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 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 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 Intelligence
Community.--(1) 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 intelligence community, the Inspector General of the
Intelligence Community and such other Inspector or Inspectors General
shall expeditiously resolve which Inspector General shall conduct such
investigation, inspection, or audit. The Inspector General of the
Intelligence Community shall make the final decision on the resolution
of such jurisdiction.
``(2) The Inspector General conducting an investigation,
inspection, 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 Community,
with jurisdiction to conduct such investigation, inspection, or audit
who did not conduct such investigation, inspection, or audit.
``(3) If an investigation, inspection, or audit covered by
paragraph (1) is conducted by an Inspector General other than the
Inspector General of the Intelligence Community, the Inspector General
of the Intelligence Community may, upon completion of such
investigation, inspection, or audit by such other Inspector General,
conduct under this section a separate investigation, inspection, or
audit of the matter concerned if the Inspector General of the
Intelligence Community determines that such initial investigation,
inspection, or audit was deficient in some manner or that further
investigation, inspection, or audit is required.
``(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 not in
contravention of any existing statutory restriction or regulation of
the department, agency, or element, furnish to the Inspector General,
or to an authorized designee, such information or assistance.
``(C) Each Inspector General of an element of the intelligence
community shall comply fully with a request for information or
assistance from the Inspector General of the Intelligence Community.
``(D) 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
periods ending December 31 (of the preceding year) and June 30,
respectively.
``(B) Each report under this paragraph shall include, at a minimum,
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
particular investigation, inspection, 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 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
considers appropriate for legislation to promote economy,
efficiency, and effectiveness in the administration and
implementation of programs and operations undertaken by the
intelligence community, and in the relationships between
elements of the intelligence community, and to detect and
eliminate fraud and abuse in such programs and operations and
in such relationships.
``(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.
``(2)(A) The Inspector General shall report immediately to the
Director whenever the Inspector General becomes aware of particularly
serious or flagrant problems, abuses, or deficiencies relating to the
administration and implementation of programs or operations of the
intelligence community or in the relationships between elements of the
intelligence community.
``(B) The Director shall transmit to the congressional intelligence
committees each report under subparagraph (A) within seven calendar
days of receipt of such report, together with such comments as the
Director considers appropriate.
``(3) In the event that--
``(A) the Inspector General is unable to resolve any
differences 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
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 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
Department 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.
``(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 community,
an employee assigned or detailed to an element 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 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 seven calendar days
of such receipt, forward such transmittal to the congressional
intelligence committees, together with any comments the Director
considers 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 congressional 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 one of the congressional
intelligence 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 operations of an intelligence activity
involving classified information, but does not include
differences of opinions 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
Intelligence Community.
``(k) Construction of Duties Regarding Elements of Intelligence
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) 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 Position.--Section
8K of the Inspector General Act of 1978 (5 U.S.C. App.) is repealed.
(c) Executive Schedule Level IV.--Section 5314 of title 5, United
States Code, is amended by adding at the end the following new item:
``Inspector General of the Intelligence Community.''.
(d) Placement Within Office of Director of National Intelligence.--
Section 103(c) of the National Security Act of 1947 (50 U.S.C. 403-
3(c)) is amended--
(1) by redesignating paragraph (9) as paragraph (11); and
(2) by inserting after paragraph (8) the following new
paragraphs:
``(9) The Chief Information Officer of the Intelligence
Community.
``(10) The Office of the Inspector General of the
Intelligence Community.''.
SEC. 409. LEADERSHIP AND LOCATION OF NATIONAL COUNTER PROLIFERATION
CENTER.
(a) In General.--Section 119A(a) of the National Security Act of
1947 (50 U.S.C. 404o-1(a)) is amended--
(1) by striking ``Not later than 18 months after the date
of the enactment of this Act, the'' and inserting ``(1) The'';
and
(2) by adding at the end the following new paragraphs:
``(2) The head of the National Counter Proliferation Center shall
be the Director of the National Counter Proliferation Center, who shall
be appointed by the Director of National Intelligence.
``(3) The National Counter Proliferation Center shall be located
within the Office of the Director of National Intelligence.''.
(b) Conforming Amendment.--Section 103(c) of that Act (50 U.S.C.
403-3(c)), as amended by section 408(d) of this Act, is further
amended--
(1) by redesignating paragraph (11) as paragraph (12); and
(2) by inserting after paragraph (10) the following new
paragraph (11):
``(11) The Director of the National Counter Proliferation
Center.''.
SEC. 410. 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 inserting before section 701 the
following new section:
``operational files in the office of the director of national
intelligence
``Sec. 700. (a) Exemption of Certain Files From Search, Review,
Publication, or Disclosure.--(1) Information and records described in
paragraph (2) shall be exempt from the provisions of section 552 of
title 5, United States Code, that require search, review, publication,
or disclosure in connection therewith when--
``(A) such information or records are not disseminated
outside the Office of the Director of National Intelligence; or
``(B) such information or records are incorporated into new
information or records created by personnel of the Office in a
manner that identifies such new information or records as
incorporating such information or records and such new
information or records are not disseminated outside the Office.
``(2) Information and records described in this paragraph are the
following:
``(A) Information disseminated or otherwise provided to an
element of the Office of the Director of National Intelligence
from the operational files of an element of the intelligence
community that have been exempted from search, review,
publication, or disclosure in accordance with this title or any
other provision of law.
``(B) Any information or records created by the Office that
incorporate information described in subparagraph (A).
``(3) An operational file of an element of the intelligence
community from which information described in paragraph (2)(A) is
disseminated or provided to the Office of the Director of National
Intelligence as described in that paragraph shall remain exempt from
search, review, publication, or disclosure under section 552 of title
5, United States Code, to the extent the operational files from which
such information was derived remain exempt from search, review,
publication, or disclosure under section 552 of such title.
``(b) Search and Review of Certain Files.--Information disseminated
or otherwise provided to the Office of the Director of National
Intelligence by another element of the intelligence community that is
not exempt from search, review, publication, or disclosure under
subsection (a), and that is authorized to be disseminated outside the
Office, shall be subject to search and review under section 552 of
title 5, United States Code, but may remain exempt from publication and
disclosure under such section by the element disseminating or providing
such information to the Office to the extent authorized by such
section.
``(c) Search and Review for Certain Purposes.--Notwithstanding
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
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 investigation by
any of the following for any impropriety, or violation of law,
Executive order, or Presidential directive, in the conduct of
an intelligence activity:
``(A) The Select Committee on Intelligence of the
Senate.
``(B) The Permanent Select Committee on
Intelligence of the House of Representatives.
``(C) The Intelligence Oversight Board.
``(D) The Department of Justice.
``(E) The Office of the Director of National
Intelligence.''.
(b) Clerical Amendment.--The table of contents in the first section
of that Act is amended by inserting before the item relating to section
701 the following new item:
``Sec. 700. Operational files in the Office of the Director of National
Intelligence.''.
SEC. 411. ELIGIBILITY FOR INCENTIVE AWARDS OF PERSONNEL ASSIGNED TO THE
OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.
(a) In General.--Subsection (a) of section 402 of the Intelligence
Authorization Act for Fiscal Year 1984 (50 U.S.C. 403e-1) is amended to
read as follows:
``(a) Authority for Payment of Awards.--(1) The Director of
National Intelligence may exercise the authority granted in section
4503 of title 5, United States Code, with respect to Federal employees
and members of the Armed Forces detailed or assigned to the Office of
the Director of National Intelligence in the same manner as such
authority may be exercised with respect to personnel of the Office.
``(2) The Director of the Central Intelligence Agency may exercise
the authority granted in section 4503 of title 5, United States Code,
with respect to Federal employees and members of the Armed Forces
detailed or assigned to the Central Intelligence Agency in the same
manner as such authority may be exercised with respect to personnel of
the Agency.''.
(b) Repeal of Obsolete Authority.--That section is further
amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(c) Conforming Amendments.--That section is further amended--
(1) in subsection (b), by striking ``to the Central
Intelligence Agency or to the Intelligence Community Staff''
and inserting ``to the Office of the Director of National
Intelligence or to the Central Intelligence Agency''; and
(2) in subsection (c), as redesignated by subsection (b)(2)
of this section, by striking ``Director of Central
Intelligence'' and inserting ``Director of National
Intelligence or Director of the Central Intelligence Agency''.
(d) Technical and Stylistic Amendments.--That section is further
amended--
(1) in subsection (b)--
(A) by inserting ``Personnel Eligible for Awards.--
'' after ``(b)'';
(B) by striking ``subsection (a) of this section''
and inserting ``subsection (a)''; and
(C) by striking ``a date five years before the date
of enactment of this section'' and inserting ``December
9, 1978''; and
(2) in subsection (c), as so redesignated, by inserting
``Payment and Acceptance of Awards.--'' after ``(c)''.
SEC. 412. 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), (g), (h), (i), and (j);
and
(2) by redesignating subsections (e), (f), (k), (l), and
(m) as subsections (d), (e), (f), (g), and (h), respectively.
(b) Conforming Amendments.--That section 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 (f)(2), as so redesignated, by striking
``subsection (e)(2)'' and inserting ``subsection (d)(2)''.
SEC. 413. 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. 414. 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 Intelligence, or the
Director's designee.''.
SEC. 415. TEMPORARY INAPPLICABILITY TO THE OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE OF CERTAIN FINANCIAL REPORTING
REQUIREMENTS.
(a) In General.--The Director of National Intelligence shall not be
required to submit an audited financial statement under section 3515 of
title 31, United States Code, for the Office of the Director of
National Intelligence with respect to fiscal year 2005, 2006, or 2007.
(b) Sense of Congress.--It is the sense of Congress that the
Director of National Intelligence should make every effort to comply
with the requirements of section 3515 of title 31, United States Code,
at the earliest possible date, notwithstanding the exemption in
subsection (a).
SEC. 416. APPLICABILITY OF THE PRIVACY ACT TO THE DIRECTOR OF NATIONAL
INTELLIGENCE AND THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
(a) Authority To Exempt.--The Director of National Intelligence may
prescribe regulations to exempt any system of records within the Office
of the Director of National Intelligence from the applicability of the
provisions of subsections (c)(3), (c)(4), and (d) of section 552a of
title 5, United States Code.
(b) Promulgation Requirements.--In prescribing any regulations
under subsection (a), the Director shall comply with the requirements
(including general notice requirements) of subsections (b), (c), and
(e) of section 553 of title 5, United States Code.
SEC. 417. TEMPORARY EXEMPTION FROM PERSONNEL LIMITS OF CERTAIN OFFICE
OF DIRECTOR OF NATIONAL INTELLIGENCE PERSONNEL ASSIGNED
TO THE NATIONAL COUNTERTERRORISM CENTER.
(a) Exemption.--Any personnel position in the Office of the
Director of National Intelligence that is held by an employee of the
Office of the Director of National Intelligence who is assigned on a
full-time basis to the National Counterterrorism Center shall not be
counted against any limitation applicable to new personnel positions
within the Office of the Director of National Intelligence under
section 1096 of the National Security Intelligence Reform Act of 2004
(title I of Public Law 108-458; 118 Stat. 3698; 50 U.S.C. 401 note).
(b) Applicability.--Subsection (a) shall apply during fiscal years
2005 and 2006.
Subtitle B--Central Intelligence Agency
SEC. 421. DIRECTOR AND DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE
AGENCY.
(a) Appointment of Director of Central Intelligence Agency.--
Section 104A(a) of the National Security Act of 1947 (50 U.S.C. 403-
4a(a)) is amended by inserting ``from civilian life'' after ``who shall
be appointed''.
(b) Establishment of Position of Deputy Director of Central
Intelligence Agency.--Such section is further amended--
(1) by redesignating subsections (b), (c), (d), (e), (f),
and (g) as subsections (c), (d), (e), (f), (g), and (h),
respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Deputy Director of Central Intelligence Agency.--(1) There is
a Deputy Director of the Central Intelligence Agency who shall be
appointed from civilian life by the President, by and with the advice
and consent of the Senate.
``(2) The Deputy Director of the Central Intelligence Agency shall
assist the Director of the Central Intelligence Agency in carrying out
the duties and responsibilities of the Director.
``(3) The Deputy Director of the Central Intelligence Agency shall
act for, and exercise the powers of, the Director of the Central
Intelligence Agency during the absence or disability of the Director of
the Central Intelligence Agency or during a vacancy in the position of
Director of the Central Intelligence Agency.''.
(c) Conforming Amendment.--Paragraph (2) of subsection (d) of such
section, as redesignated by subsection (b)(1) of this section, is
further amended by striking ``subsection (d)'' and inserting
``subsection (e)''.
(d) Executive Schedule Level III.--Section 5314 of title 5, United
States Code, is amended by adding at the end the following new item:
``Deputy Director of the Central Intelligence Agency.''.
(e) Role of DNI in Appointment.--Section 106(a)(2) of the National
Security Act of 1947 (50 U.S.C. 403-6) is amended by adding at the end
the following new subparagraph:
``(C) The Deputy Director of the Central Intelligence
Agency.''.
(f) Military Status of Individual Administratively Performing
Duties of Deputy Director of Central Intelligence Agency.--(1) The
commissioned officer of the Armed Forces who is engaged in
administrative performance of the duties of Deputy Director of the
Central Intelligence Agency as of the date of the enactment of this Act
shall not, while continuing in the administrative performance of such
duties after that date--
(A) be subject to supervision or control by the Secretary
of Defense or by any officer or employee of the Department of
Defense; or
(B) exercise, by reason of the officer's status as a
commissioned officer, any supervision or control with respect
to any of the military or civilian personnel of the Department
of Defense except as otherwise authorized by law.
(2) Except as provided in subparagraph (A) or (B) of paragraph (1),
the administrative performance of duties described in that paragraph by
the officer described in that paragraph shall not affect the status,
position, rank, or grade of the officer in the Armed Forces, or any
emolument, perquisite, right, privilege, or benefit incident to or
arising out of such status, position, rank, or grade.
(3) The commissioned officer described in paragraph (1), while
continuing in the administrative performance of duties as described in
that paragraph and while remaining on active duty, shall continue to
receive military pay and allowances. Funds from which such pay and
allowances are paid shall be reimbursed from funds available to the
Director of the Central Intelligence Agency.
(g) Effective Date and Applicability.--The amendments made by
subsections (b) through (e) 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 as Deputy Director of the Central
Intelligence Agency, except that the individual
administratively performing the duties of the Deputy Director
of the Central Intelligence Agency as of the date of the
enactment of this Act may continue to perform such duties after
such date of nomination and until the individual appointed to
the position of Deputy Director of the Central Intelligence
Agency, 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 Deputy Director of the Central Intelligence Agency by
the individual administratively performing such duties as of
the date of the enactment of this Act.
SEC. 422. ENHANCED PROTECTION OF CENTRAL INTELLIGENCE AGENCY
INTELLIGENCE SOURCES AND METHODS FROM UNAUTHORIZED
DISCLOSURE.
(a) Responsibility of Director of Central Intelligence Agency Under
National Security Act of 1947.--Subsection (e) of section 104A of the
National Security Act of 1947 (50 U.S.C. 403-4a), as amended by section
403(b) of this Act and redesignated by section 421(b)(1) of this Act,
is further amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3) protect intelligence sources and methods of the
Central Intelligence Agency from unauthorized disclosure,
consistent with any direction issued by the President or the
Director of National Intelligence; and''.
(b) Protection Under Central Intelligence Agency Act of 1949.--
Section 6 of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403g) is amended by striking ``section 102A(i)'' and all that follows
through ``unauthorized disclosure'' and inserting ``sections 102A(i)
and 104A(e)(3) of the National Security Act of 1947 (50 U.S.C. 403-
1(i), 403-4a(e)(3))''.
(c) Construction With Exemption From Requirement for Disclosure of
Information to Public.--Section 104A(e)(3) of the National Security Act
of 1947, as amended by subsection (a), and section 6 of the Central
Intelligence Agency Act of 1949, as amended by subsection (b), shall be
treated as statutes that specifically exempt from disclosure the
matters specified in such sections for purposes of section 552(b)(3) of
title 5, United States Code.
SEC. 423. ADDITIONAL EXCEPTION TO FOREIGN LANGUAGE PROFICIENCY
REQUIREMENT FOR CERTAIN SENIOR LEVEL POSITIONS IN THE
CENTRAL INTELLIGENCE AGENCY.
(a) Additional Exception.--Subsection (h) of section 104A of the
National Security Act of 1947 (50 U.S.C. 403-4a), as redesignated by
section 421(b)(1) of this Act, is further amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)'';
(2) in paragraph (2), by striking ``position or category of
positions'' each place it appears and inserting ``individual,
individuals, position, or category of positions''; and
(3) by adding at the end the following new paragraph:
``(3) Paragraph (1) shall not apply to any individual in the
Directorate of Intelligence or the Directorate of Operations of the
Central Intelligence Agency who is serving in a Senior Intelligence
Service position as of December 23, 2004, regardless of whether such
individual is a member of the Senior Intelligence Service.''.
(b) Report on Waivers.--Section 611(c) of the Intelligence
Authorization Act for Fiscal Year 2005 (Public Law 108-487; 118 Stat.
3955) is amended--
(1) in the first sentence--
(A) by inserting ``individuals or'' before
``positions''; and
(B) by striking ``section 104A(g) of the National
Security Act of 1947, as added by subsection (a)'' and
inserting ``section 104A(h) of the National Security
Act of 1947, as added by subsection (a) and
redesignated by section 421(b)(1) of the Intelligence
Authorization Act for Fiscal Year 2006''; and
(2) in the second sentence--
(A) by striking ``section 104A(g)(2), as so added''
and inserting ``section 104A(h)(2), as so added and
redesignated''; and
(B) by striking ``position or category of
positions'' and inserting ``individual, individuals,
position, or category of positions''.
SEC. 424. EXCLUSION OF THE CENTRAL INTELLIGENCE AGENCY FROM ANNUAL
REPORT ON IMPROVEMENT OF FINANCIAL STATEMENTS FOR
AUDITING PURPOSES.
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. 425. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR PROTECTIVE PERSONNEL
OF THE CENTRAL INTELLIGENCE AGENCY.
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
(2) 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 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;''.
SEC. 426. MODIFICATION OF EXCLUSION OF MILITARY OFFICER SERVING AS
ASSOCIATE DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY FOR
MILITARY SUPPORT FROM OFFICER STRENGTH AND DISTRIBUTION-
IN-GRADE LIMITATIONS.
(a) In General.--Section 528 of title 10, United States Code, is
amended to read as follows:
``Sec. 528. Exclusion: officer serving as Associate Director of the
Central Intelligence Agency for Military Support
``An officer of the armed forces assigned to the position of
Associate Director of the Central Intelligence Agency for Military
Support, while serving in that position, shall not be counted against
the numbers and percentages of the grade of that officer authorized for
that officer's armed force.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 32 of such title is amended by striking the item relating to
section 528 and inserting the following new item:
``528. Exclusion: officer serving as Associate Director of the Central
Intelligence Agency for Military
Support.''.
Subtitle C--Defense Intelligence Components
SEC. 431. MODIFICATION OF REQUIREMENTS ON DISCLOSURE OF GOVERNMENTAL
AFFILIATION BY DEPARTMENT OF DEFENSE INTELLIGENCE
PERSONNEL.
(a) Disclosure.--Subsection (a) of section 503 of the Intelligence
Authorization Act for Fiscal Year 1995 (Public Law 103-359; 108 Stat.
3430; 10 U.S.C. 424 note) is amended--
(1) by striking ``Notwithstanding'' and inserting ``(1)
Except as provided in paragraph (2) and notwithstanding'';
(2) in paragraph (1), as so designated--
(A) by striking ``intelligence'' the second place
it appears and inserting ``foreign intelligence''; and
(B) by striking ``an initial assessment contact
outside the United States'' and inserting ``assessment
contacts''; and
(3) by adding at the end the following new paragraph:
``(2) Intelligence personnel described in paragraph (1) shall be
required, when making an assessment contact within the United States,
to give notice of governmental affiliation to potential sources who are
United States persons unless the Director of the Defense Intelligence
Agency, or the single designee of the Director, determines that--
``(A) foreign intelligence, counterintelligence, security,
or other operational concerns require that such notice not be
given; and
``(B) such assessment contact is undertaken for the purpose
of determining whether such United States person possesses, or
has access to, foreign intelligence information, and whether
such United States person is credible or suitable as a source,
provided that no assessment contact shall be undertaken under
this section for the purpose of acquiring information
concerning the domestic activities of any United States
person.''.
(b) Information in Records.--Subsection (b) of such section is
amended by striking the second sentence and inserting the following new
sentence: ``Such records shall include the authority under which the
information was collected, any interagency coordination required before
the contact, a brief description of such coordination, the basis for
not disclosing governmental affiliation (if not disclosed), the nature
of the information obtained from any United States person as a result
of the contact, and whether any assessment contacts beyond an initial
assessment contact resulted with the person concerned.''.
(c) Conforming Amendment.--The heading of such section is amended
by striking ``outside of the united states''.
(d) Assessment Contacts.--(1) The Director of National Intelligence
shall examine the legal and regulatory requirements or guidelines
applicable to assessment contacts in order to determine whether such
requirements or guidelines should be modified to ensure that
appropriate protections are afforded United States persons in such
contacts after the amendments made by this section come into effect.
(2) If the Director determines as a result of the examination
required by paragraph (1) that the requirements or guidelines described
in that paragraph should be modified as specified in that paragraph,
the Director shall so modify such requirements or regulations.
(3) Nothing in this section or the amendments made by this section
shall be deemed or construed to constitute authority for the
collection, retention, or dissemination of information concerning
United States persons not otherwise authorized by law or Executive
order.
SEC. 432. ENHANCEMENTS OF NATIONAL SECURITY AGENCY TRAINING PROGRAM.
(a) Termination of Employees.--Subsection (d)(1)(C) of section 16
of the National Security Agency Act of 1959 (50 U.S.C. 402 note) is
amended by striking ``terminated either by'' and all that follows and
inserting ``terminated--
``(i) by the Agency due to misconduct by the
employee;
``(ii) by the employee voluntarily; or
``(iii) by the Agency for the failure of the
employee to maintain such level of academic standing in
the educational course of training as the Director of
the National Security Agency shall have specified in
the agreement of the employee under this subsection;
and''.
(b) Authority To Withhold Disclosure of Affiliation With NSA.--
Subsection (e) of such section is amended by striking ``(1) When an
employee'' and all that follows through ``(2) Agency efforts'' and
inserting ``Agency efforts''.
SEC. 433. 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. 20. (a) The Director is authorized to designate personnel of
the Agency to perform protective functions for the Director and for any
personnel 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
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
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.''.
SEC. 434. PROTECTION OF OPERATIONAL FILES OF THE DEFENSE INTELLIGENCE
AGENCY.
(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 of the defense intelligence agency
``Sec. 705. (a) Exemption of Certain Operational Files From Search,
Review, Publication, or Disclosure.--Operational files of the Defense
Intelligence Agency may be exempted by the Director of the Defense
Intelligence Agency, in coordination with the Director of National
Intelligence, from the provisions of section 552 of title 5, United
States Code, which require publication, disclosure, search, or review
in connection therewith.
``(b) Operational Files Defined.--(1) In this section, the term
`operational files' means--
``(A) files of the Directorate of Human Intelligence of the
Defense Intelligence Agency, or its successor organizations,
which document the conduct of foreign intelligence or
counterintelligence operations, intelligence or security
liaison arrangements, or information exchanges with foreign
governments or their intelligence or security services; and
``(B) files of the Directorate of Technology of the Defense
Intelligence Agency, or its successor organizations, which
document the means by which foreign intelligence or
counterintelligence is collected through technical systems.
``(2) Files which are the sole repository of disseminated
intelligence are not operational files.
``(c) Search and Review for Information.--Notwithstanding
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
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 investigation by
any of the following for any impropriety, or violation of law,
Executive order, or Presidential directive, 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 Senate.
``(C) The Intelligence Oversight Board.
``(D) The Department of Justice.
``(E) The Office of the Director of the Defense
Intelligence Agency.
``(F) The Office of the Director of National
Intelligence.
``(G) The Office of General Counsel of the Defense
Intelligence Agency.
``(H) The Office of General Counsel of the
Department of Defense.
``(I) The Office of the General Counsel of the
Office of the Director of National Intelligence.
``(J) The Office of Inspector General of the
Defense Intelligence Agency.
``(K) The Office of Inspector General of the
Department of Defense.
``(L) The Office of Inspector General of the
Intelligence Community.
``(d) Information Derived or Disseminated From Exempted Operational
Files.--(1) Files that are not exempted under subsection (a) which
contain information derived or disseminated from exempted operational
files shall be subject to search and review.
``(2) The inclusion of information from exempted operational files
in files that are not exempted under subsection (a) shall not affect
the exemption under subsection (a) of the originating operational files
from search, review, publication, or disclosure.
``(3) Records from exempted operational files 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 for sole retention shall be subject to search and review.
``(e) Supersedure of Other Laws.--The provisions of subsection (a)
shall not be superseded except by a provision of law which is enacted
after the date of the enactment of this section and that specifically
cites and repeals or modifies such provisions.
``(f) Allegation; Improper Withholding of Records; Judicial
Review.--(1) Whenever any person who has requested agency records under
section 552 of title 5, United States Code, alleges that the Defense
Intelligence Agency has improperly withheld records 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, except as provided in paragraph (2).
``(2) Any judicial review under paragraph (1) shall proceed under
the terms set forth in section 552(a)(4)(B) of title 5, United States
Code, except as follows:
``(A) In any case in which information specifically
authorized under criteria established by an Executive Order to
be kept secret in the interest of national defense or foreign
relations which is filed with, or produced for, the court by
the Defense Intelligence Agency, such information shall be
examined ex parte, in camera by the court.
``(B) The court shall, to the fullest extent practicable,
determine issues of fact based on sworn written submissions of
the parties.
``(C) When a complaint alleges that requested records were
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 Defense Intelligence Agency shall meet
its burden under section 552(a)(4)(B) of title 5, United States
Code, by demonstrating to the court by sworn written submission
that exempted operational files likely to contain responsive
records currently perform the functions set forth in subsection
(b).
``(ii) The court may not order the Defense Intelligence
Agency to review the content of any exempted operational file
or files in order to make the demonstration required under
subparagraph (A) unless the complainant disputes the Defense
Intelligence Agency's showing with a sworn written submission
based on personal knowledge or otherwise admissible evidence.
``(E) In proceedings under subparagraphs (C) and (D), the
parties shall not obtain discovery pursuant to rules 26 through
36 of the Federal Rules of Civil Procedure, except that
requests for admission may be made pursuant to rules 26 and 36.
``(F) If the court finds under this subsection that the
Defense Intelligence Agency has improperly withheld requested
records because of failure to comply with any provision of this
section, the court shall order the Defense Intelligence Agency
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 subsection the Defense Intelligence Agency
agrees to search the appropriate exempted operational file or
files for the requested records, the court shall dismiss the
claim based upon such complaint.
``(H) Any information filed with or produced for the court
pursuant to subparagraphs (A) and (D) shall be coordinated with
the Director of National Intelligence before submission to the
court.
``(g) Decennial Review of Exempted Operational Files.--(1) Not less
than once every 10 years, the Director of the Defense Intelligence
Agency and the Director of National Intelligence shall review the
exemptions in force under subsection (a) to determine whether such
exemptions may be removed from any category of exempted files or any
portion thereof. The Director of National Intelligence must approve any
determination to remove such exemptions.
``(2) The review required by paragraph (1) shall include
consideration of the historical value or other public interest in the
subject matter of the particular category of files or portions thereof
and the potential for declassifying a significant part of the
information contained therein.
``(3) A complainant who alleges that the Defense Intelligence
Agency 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 Defense Intelligence Agency has conducted
the review required by paragraph (1) before the expiration of
the 10-year period beginning on the date of the enactment of
this section or before the expiration of the 10-year period
beginning on the date of the most recent review.
``(B) Whether the Defense Intelligence Agency, in fact,
considered the criteria set forth in paragraph (2) in
conducting the required review.''.
(b) Clerical Amendment.--The table of contents in the first section
of that Act is amended by inserting after the item relating to section
704 the following new item:
``Sec. 705. Operational files of the Defense Intelligence Agency.''.
SEC. 435. INSPECTOR GENERAL MATTERS.
(a) Coverage Under Inspector General Act of 1978.--Subsection
(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 Arts,''; 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
Reconnaissance Office, and the National Security Agency shall be
designees 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 Director of National Intelligence or the Secretary of
Defense may prohibit the Inspector General of an element of the
intelligence community specified in subparagraph (D) from initiating,
carrying out, or completing any audit or investigation if the Director
or the Secretary, as the case may be, determines that the prohibition
is necessary to protect vital national security interests of the United
States.
``(B) If the Director or the Secretary exercises the authority
under subparagraph (A), the Director or the Secretary, as the case may
be, 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 seven days after the
exercise of the authority.
``(C) At the same time the Director or the Secretary submits under
subparagraph (B) a statement on the exercise of the authority in
subparagraph (A) to the committees of Congress specified in
subparagraph (E), the Director or the Secretary, as the case may be,
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
Committee on Intelligence of the Senate; and
``(ii) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.''.
SEC. 436. 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 Geospatial-Intelligence Agency.--Section
441(b) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Director of the National Geospatial Intelligence Agency
shall be appointed by the President, by and with the advice and consent
of the Senate.''.
(c) 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.
(d) Effective Date and Applicability.--The amendments made by
subsections (a) and (b), and subsection (c), 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
enactment of this Act may continue to perform such duties after
such date of nomination and until the individual appointed 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. 437. SECURITY CLEARANCES IN THE NATIONAL GEOSPATIAL-INTELLIGENCE
AGENCY.
(a) In General.--Subject to subsection (b), the Director of
National Intelligence or the Secretary of Defense, or the Director of
the National Geospatial-Intelligence Agency upon the delegation of
either such official, may utilize with respect to the personnel of the
National Geospatial-Intelligence Agency any security clearance
authority (including any authority relating to the use of contractor
personnel in investigations or adjudications for security clearances)
that is available to the Director of National Intelligence, the
Secretary of Defense, or the Director of the National Security Agency
with respect to the personnel of the National Security Agency.
(b) Expiration.--Subsection (a) shall cease to have effect on
December 31, 2007.
Subtitle D--Other Elements
SEC. 441. DEPARTMENT OF JUSTICE INTELLIGENCE MATTERS.
(a) Assistant Attorney General for National Security.--
(1) In general.--Chapter 31 of title 28, United States
Code, is amended by inserting after section 507 the following
new section:
``Sec. 507A. Assistant Attorney General for National Security
``(a) Of the Assistant Attorneys General appointed under section
506, one shall serve, upon the designation of the President, as the
Assistant Attorney General for National Security.
``(b) The Assistant Attorney General for National Security shall--
``(1) serve as the head of the National Security Division
of the Department of Justice under section 509A of this title;
``(2) serve as primary liaison to the Director of National
Intelligence for the Department of Justice;
``(3) perform such other duties as the Attorney General may
prescribe; and
``(4) perform such other duties and functions as the
Director of National Intelligence may prescribe, except that
the Director shall have no authority through the Assistant
Attorney General to perform any police, subpoena, law
enforcement, or prosecution powers or internal security
functions not otherwise authorized by law.''.
(2) Additional assistant attorney general.--Section 506 of
title 28, United States Code, is amended by striking ``ten''
and inserting ``11''.
(3) Executive schedule matters.--Section 5315 of title 5,
United States Code, is amended by striking the matter relating
to Assistant Attorneys General and inserting the following:
``Assistant Attorneys General (11).''.
(4) Concurrence of Director of National Intelligence in
Appointment.--Section 106(b)(2) of the National Security Act of
1947 (50 U.S.C. 403-6(b)(2)) is amended by adding at the end
the following new subparagraph:
``(J) The Assistant Attorney General designated as the
Assistant Attorney General for National Security under section
507A of title 28, United States Code.''.
(5) Authority to act for attorney general under foreign
intelligence surveillance act of 1978.--Section 101(g) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801(g)) is amended by striking ``or the Deputy Attorney
General'' and inserting ``, the Deputy Attorney General, or,
upon the designation of the Attorney General, the Assistant
Attorney General designated as the Assistant Attorney General
for National Security under section 507A of title 28, United
States Code''.
(b) National Security Division of Department of Justice.--Chapter
31 of title 28, United States Code, is further amended by inserting
after section 509 the following new section:
``Sec. 509A. National Security Division
``(a) There is a National Security Division of the Department of
Justice.
``(b) The National Security Division shall consist of the elements
of the Department of Justice (other than the Federal Bureau of
Investigation) engaged primarily in support of the intelligence and
intelligence-related activities of the United States Government,
including the following:
``(1) The Assistant Attorney General designated as the
Assistant Attorney General for National Security under section
507A of this title.
``(2) The Office of Intelligence Policy and Review (or any
successor organization).
``(3) The counterterrorism section (or any successor
organization).
``(4) The counterespionage section (or any successor
organization).
``(5) Any other element, component, or office jointly
designated by the Attorney General and the Director of National
Intelligence.''.
(c) Clerical Amendments.--The table of sections at the beginning of
chapter 31 of title 28, United States Code, is amended--
(1) by inserting after the item relating to section 507 the
following new item:
``507A. Assistant Attorney General for National Security.''.
and
(2) by inserting after the item relating to section 509 the
following new item:
``509A. National Security Division.''.
(d) Inclusion in Intelligence Community of Elements of Department
of Justice.--Section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4)) is amended--
(1) by redesignating subparagraph (L), as amended by
section 303 of this Act, as subparagraph (M): and
(2) by inserting after subparagraph (K) the following new
subparagraph (L):
``(L) The National Security Division of the Department of
Justice, except those components or portions charged with the
investigation or prosecution of the offense of domestic
terrorism.''.
(e) Funding for Assistant Attorney General and National Security
Division.--(1) The President shall, from funds available for the
National Intelligence Program, make available to the Assistant Attorney
General designated as the Assistant Attorney General for National
Security under section 507A of title 28, United States Code (as added
by subsection (a)), and to the National Security Division of the
Department of Justice under section 509A of title 28, United States
Code (as added by subsection (b)), such funds as shall be required for
the performance of their duties, activities, and operations.
(2) It is the sense of Congress that the amount of funds made
available under paragraph (1), and the budgets of the Assistant
Attorney General and the National Security Division of the Department
of Justice, should, to the maximum extent practicable, be unclassified.
(f) Procedures for Confirmation of the Assistant Attorney General
for National Security.--(1) Section 17 of Senate Resolution 400 (94th
Congress) is amended--
(A) in subsection (a), by striking ``(a) The'' and
inserting ``(a)(1) Except as otherwise provided in subsection
(b), the'';
(B) in subsection (b), by striking ``(b)'' and inserting
``(2)''; and
(C) by inserting after subsection (a) the following new
subsection:
``(b)(1) With respect to the confirmation of the Assistant Attorney
General for National Security, or any successor position serving as the
head of an element of the intelligence community within the Department
of Justice, the nomination of any individual by the President to serve
in such position shall be referred to the Committee on the Judiciary
and, if and when reported, to the select Committee for not to exceed 20
calendar days, except that in cases when the 20-day period expires
while the Senate is in recess, the select Committee shall have 5
additional calendar days after the Senate reconvenes to report the
nomination.
``(2) If, upon the expiration of the period described in paragraph
(1), the select Committee has not reported the nomination, such
nomination shall be automatically discharged from the select Committee
and placed on the Executive Calendar.''.
(2) Paragraph (1) is enacted--
(A) as an exercise of the rulemaking power of the Senate;
and
(B) with full recognition of the constitutional right of
the Senate to change the rules of the Senate at any time and to
the same extent as in the case of any other rule of the Senate.
SEC. 442. FOREIGN LANGUAGE INCENTIVE FOR CERTAIN NON-SPECIAL AGENT
EMPLOYEES OF THE FEDERAL BUREAU OF INVESTIGATION.
(a) Authority To Pay Incentive.--The Director of the Federal Bureau
of Investigation may pay a cash award authorized by section 4523 of
title 5, United States Code, in accordance with the provisions of such
section, to any employee of the Federal Bureau of Investigation
described in subsection (b) as if such employee were a law enforcement
officer as specified in such section.
(b) Covered Employees.--An employee of the Federal Bureau of
Investigation described in this subsection is any employee of the
Federal Bureau of Investigation--
(1) who uses foreign language skills in support of the
analyses, investigations, or operations of the Bureau to
protect against international terrorism or clandestine
intelligence activities (or maintains foreign language skills
for purposes of such support); and
(2) whom the Director of the Federal Bureau of
Investigation, subject to the joint guidance of the Attorney
General and the Director of National Intelligence, may
designate for purposes of this section.
SEC. 443. AUTHORITY TO SECURE SERVICES BY CONTRACT FOR THE BUREAU OF
INTELLIGENCE AND RESEARCH OF THE DEPARTMENT OF STATE.
Title I of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a et seq.) is amended by inserting after section 23 the
following new section:
``services by contract for bureau of intelligence and research
``Sec. 23A. (a) Authority To Enter Into Contracts.--The Secretary
may enter into contracts with individuals or organizations for the
provision of services in support of the mission of the Bureau of
Intelligence and Research of the Department of State if the Secretary
determines that--
``(1) the services to be procured are urgent or unique; and
``(2) it would not be practicable for the Department to
obtain such services by other means.
``(b) Treatment as Employees of the United States Government.--(1)
Individuals employed under a contract pursuant to the authority in
subsection (a) shall not, by virtue of the performance of services
under such contract, be considered employees of the United States
Government for purposes of any law administered by the Office of
Personnel Management.
``(2) The Secretary may provide for the applicability to
individuals described in paragraph (1) of any law administered by the
Secretary concerning the employment of such individuals.''.
SEC. 444. CLARIFICATION OF INCLUSION OF COAST GUARD ELEMENT IN 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), by inserting ``the Coast Guard,''
after ``the Marine Corps,''; and
(2) in subparagraph (K), by striking ``, including the
Office of Intelligence of the Coast Guard''.
SEC. 445. 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)),''.
TITLE V--OTHER MATTERS
SEC. 501. 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 (c)(7)(A), by striking
``section'' and inserting ``subsection'';
(B) in subsection (d)--
(i) in paragraph (3), by striking
``subparagraph (A)'' in the matter preceding
subparagraph (A) and inserting ``paragraph
(1)(A)''; and
(ii) in paragraph (5)(A), by striking ``or
personnel'' in the matter preceding clause (i);
and
(C) in subsection (l)(2)(B), by striking
``section'' and inserting ``paragraph''.
(2) In section 119(c)(2)(B) (50 U.S.C. 404o(c)(2)(B)), by
striking ``subsection (h)'' and inserting ``subsection (i)''.
SEC. 502. 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 inserting ``, or for any
successor program or programs'' after ``Activities''; and
(2) in subsection (d)(1)(B), by inserting ``, or any
successor program or programs'' after ``Program''.
SEC. 503. 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) is amended as follows:
(1) In section 1016(e)(10)(B) (6 U.S.C. 458(e)(10)(B)), by
striking ``Attorney General'' the second place it appears and
inserting ``Department of Justice''.
(2) In section 1061(d)(4)(A) (5 U.S.C. 601 note), by
striking ``National Intelligence Director'' and inserting
``Director of National Intelligence''.
(3) In section 1071(e), by striking ``(1)''.
(4) In section 1072(b), by inserting ``Agency'' after
``Intelligence''.
(b) Other Amendments to Intelligence Reform and Terrorism
Prevention Act of 2004.--The Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458) 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 Intelligence 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. 504. 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 ``authorized under
subsections (d), (e), (f), and (g) of section 104A of the National
Security Act of 1947 (50 U.S.C. 403-4a).''.
SEC. 505. 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 subsection caption, by striking ``Foreign''; and
(2) by striking ``foreign'' each place it appears.
(b) Responsibility of DNI.--That section is further amended--
(1) in subsections (a) and (c), by striking ``Director of
Central Intelligence'' and inserting ``Director of National
Intelligence''; 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. 506. 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.
(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:
``General Counsel of the Office of the Director of National
Intelligence.''.
SEC. 507. TECHNICAL AMENDMENTS RELATING TO REDESIGNATION OF THE
NATIONAL IMAGERY AND MAPPING AGENCY AS THE NATIONAL
GEOSPATIAL-INTELLIGENCE AGENCY.
(a) Title 5, United States Code.--(1) Title 5, United States Code,
is amended by striking ``National Imagery and Mapping Agency'' each
place it appears in a provision as follows and inserting ``National
Geospatial-Intelligence Agency'':
(A) Section 2302(a)(2)(C)(ii).
(B) Section 3132(a)(1)(B).
(C) Section 4301(1) (in clause (ii)).
(D) Section 4701(a)(1)(B).
(E) Section 5102(a)(1) (in clause (xi)).
(F) Section 5342(a)(1) (in clause (L)).
(G) Section 6339(a)(1)(E).
(H) Section 7323(b)(2)(B)(i)((XIII).
(2) Section 6339(a)(2)(E) of such title is amended by striking
``National Imagery and Mapping Agency, the Director of the National
Imagery and Mapping Agency'' and inserting ``National Geospatial-
Intelligence Agency, the Director of the National Geospatial-
Intelligence Agency''.
(b) Title 44, United States Code.--(1)(A) Section 1336 of title 44,
United States Code, is amended by striking ``National Imagery and
Mapping Agency'' both places it appears and inserting ``National
Geospatial-Intelligence Agency''.
(B) The heading of such section is amended to read as follows:
``Sec. 1336. National Geospatial-Intelligence Agency: special
publications''.
(2) The table of sections at the beginning of chapter 13 of such
title is amended by striking the item relating to section 1336 and
inserting the following new item:
``1336. National Geospatial-Intelligence Agency: special
publications.''.
(c) Homeland Security Act of 2002.--Section 201(f)(2)(E) of the
Homeland Security Act of 2002 (6 U.S.C. 121(f)(2)(E)) is amended by
striking ``National Imagery and Mapping Agency'' and inserting
``National Geospatial-Intelligence Agency''.
(d) Inspector General Act of 1978.--Section 8H of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended by striking ``National
Imagery and Mapping Agency'' each place it appears and inserting
``National Geospatial-Intelligence Agency''.
(e) Ethics in Government Act of 1978.--Section 105(a) of the Ethics
in Government Act of 1978 (5 U.S.C. App.) is amended by striking
``National Imagery and Mapping Agency'' and inserting ``National
Geospatial-Intelligence Agency''.
(f) Other Acts.--(1) Section 7(b)(2)(A)(i) of the Employee
Polygraph Protection Act of 1988 (29 U.S.C. 2006(b)(2)(A)(i)) is
amended by striking ``National Imagery and Mapping Agency'' and
inserting ``National Geospatial-Intelligence Agency''.
(2) Section 207(a)(2)(B) of the Legislative Branch Appropriations
Act, 1993 (44 U.S.C. 501 note) is amended by striking ``National
Imagery and Mapping Agency'' and inserting ``National Geospatial-
Intelligence Agency''.
<all>
