[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 372 Referral Instructions Senate (RIS)]
110th CONGRESS
1st Session
S. 372
[Report No. 110-2]
To authorize appropriations for fiscal year 2007 for the 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
January 24, 2007
Mr. Rockefeller, from the Select Committee on Intelligence, reported
the following original bill; which was read twice and placed on the
calendar
January 24, 2007
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 2007 for the 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 2007''.
(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. Availability to public of certain intelligence funding
information.
Sec. 108. 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. Improvement of notification of Congress regarding
intelligence activities of the United
States Government.
Sec. 305. Delegation of authority for travel on common carriers for
intelligence collection personnel.
Sec. 306. Modification of availability of funds for different
intelligence activities.
Sec. 307. Additional limitation on availability of funds for
intelligence and intelligence-related
activities.
Sec. 308. Increase in penalties for disclosure of undercover
intelligence officers and agents.
Sec. 309. Retention and use of amounts paid as debts to elements of the
intelligence community.
Sec. 310. Pilot program on disclosure of records under the Privacy Act
relating to certain intelligence
activities.
Sec. 311. Extension to intelligence community of authority to delete
information about receipt and disposition
of foreign gifts and decorations.
Sec. 312. Availability of funds for travel and transportation of
personal effects, household goods, and
automobiles.
Sec. 313. Director of National Intelligence report on compliance with
the Detainee Treatment Act of 2005.
Sec. 314. Report on any clandestine detention facilities for
individuals captured in the Global War on
Terrorism.
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 certain offices and officials.
Sec. 410. National Space Intelligence Center.
Sec. 411. Operational files in the Office of the Director of National
Intelligence.
Sec. 412. Eligibility for incentive awards of personnel assigned to the
Office of the Director of National
Intelligence.
Sec. 413. Repeal of certain authorities relating to the Office of the
National Counterintelligence Executive.
Sec. 414. Inapplicability of Federal Advisory Committee Act to advisory
committees of the Office of the Director of
National Intelligence.
Sec. 415. Membership of the Director of National Intelligence on the
Transportation Security Oversight Board.
Sec. 416. Applicability of the Privacy Act to the Director of National
Intelligence and the Office of the Director
of National Intelligence.
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. Additional functions and authorities for protective personnel
of the Central Intelligence Agency.
Sec. 425. Director of National Intelligence report on retirement
benefits for former employees of Air
America.
Subtitle C--Defense Intelligence Components
Sec. 431. Enhancements of National Security Agency training program.
Sec. 432. Codification of authorities of National Security Agency
protective personnel.
Sec. 433. Inspector general matters.
Sec. 434. Confirmation of appointment of heads of certain components of
the intelligence community.
Sec. 435. Clarification of national security missions of National
Geospatial-Intelligence Agency for analysis
and dissemination of certain intelligence
information.
Sec. 436. Security clearances in the National Geospatial-Intelligence
Agency.
Subtitle D--Other Elements
Sec. 441. Foreign language incentive for certain non-special agent
employees of the Federal Bureau of
Investigation.
Sec. 442. Authority to secure services by contract for the Bureau of
Intelligence and Research of the Department
of State.
Sec. 443. Clarification of inclusion of Coast Guard and Drug
Enforcement Administration as elements of
the intelligence community.
Sec. 444. 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 amendments to title 10, United States Code, arising
from enactment of the Intelligence Reform
and Terrorism Prevention Act of 2004.
Sec. 505. Technical amendment to the Central Intelligence Agency Act of
1949.
Sec. 506. Technical amendments relating to the multiyear National
Intelligence Program.
Sec. 507. Technical amendments to the Executive Schedule.
Sec. 508. 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 2007
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.
(16) The Drug Enforcement Administration.
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, 2007, 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
S. 372 of the One Hundred Tenth 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. 372 of the One Hundred Tenth Congress and
transmitted to the President is hereby incorporated into this Act.
(b) Construction With Other Provisions of Division.--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 2007 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 2007 the sum of
$648,952,000. 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,
2008.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 1,575 full-time personnel as of September
30, 2007. 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 2007 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, 2008.
(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,
2007, 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 2007
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.
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 Tenth 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. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE FUNDING
INFORMATION.
(a) Amounts Requested Each Fiscal Year.--The President shall
disclose to the public for each fiscal year after fiscal year 2007 the
aggregate amount of appropriations requested in the budget of the
President for such fiscal year for the National Intelligence Program.
(b) Amounts Authorized and Appropriated Each Fiscal Year.--Congress
shall disclose to the public for each fiscal year after fiscal year
2006 the aggregate amount of funds authorized to be appropriated, and
the aggregate amount of funds appropriated, by Congress for such fiscal
year for the National Intelligence Program.
(c) Study on Disclosure of Additional Information.--
(1) In general.--The Director of National Intelligence
shall conduct a study to assess the advisability of disclosing
to the public amounts as follows:
(A) The aggregate amount of appropriations
requested in the budget of the President for each
fiscal year for each element of the intelligence
community.
(B) The aggregate amount of funds authorized to be
appropriated, and the aggregate amount of funds
appropriated, by Congress for each fiscal year for each
element of the intelligence community.
(2) Requirements.--The study required by paragraph (1)
shall--
(A) address whether or not the disclosure to the
public of the information referred to in that paragraph
would harm the national security of the United States;
and
(B) take into specific account concerns relating to
the disclosure of such information for each element of
the intelligence community.
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit to Congress a
report on the study required by paragraph (1).
SEC. 108. 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 2007 the sum of
$256,400,000.
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. IMPROVEMENT OF NOTIFICATION OF CONGRESS REGARDING
INTELLIGENCE ACTIVITIES OF THE UNITED STATES GOVERNMENT.
(a) Clarification of Definition of Congressional Intelligence
Committees To Include All Members of Committees.--Section 3(7) of the
National Security Act of 1947 (50 U.S.C. 401a(7)) is amended--
(1) in subparagraph (A), by inserting ``, and includes each
member of the Select Committee'' before the semicolon; and
(2) in subparagraph (B), by inserting ``, and includes each
member of the Permanent Select Committee'' before the period.
(b) Notice on Information Not Disclosed.--
(1) In general.--Section 502 of such Act (50 U.S.C. 413a)
is amended--
(A) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(B) by inserting after subsection (a) the following
new subsection (b):
``(b) Notice on Information Not Disclosed.--(1) If the Director of
National Intelligence or the head of a department, agency, or other
entity of the United States Government does not provide information
required by subsection (a) in full or to all the members of the
congressional intelligence committees and requests that such
information not be provided in full or to all members of the
congressional intelligence committees, the Director shall, in a timely
fashion--
``(A) notify all the members of such committees of the
determination not to provide such information in full or to all
members of such committees, as the case may be, including a
statement of the reasons for such determination; and
``(B) submit, in writing, to all the members of such
committees a summary of the intelligence activities covered by
such determination that provides sufficient information to
permit such members to assess the legality, benefits, costs,
and advisability of such activities.
``(2) Nothing in this subsection shall be construed as authorizing
less than full and current disclosure to all the members of the Select
Committee on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives of any
information necessary to keep all the members of such committees fully
and currently informed on all intelligence activities covered by this
section.''.
(2) Conforming amendment.--Subsection (d) of such section,
as redesignated by paragraph (1)(A) of this subsection, is
amended by striking ``subsection (b)'' and inserting
``subsections (b) and (c)''.
(c) Reports and Notice on Covert Actions.--
(1) Form and content of certain reports.--Subsection (b) of
section 503 of such Act (50 U.S.C. 413b) is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by inserting ``(1)'' after ``(b)''; and
(C) by adding at the end the following new
paragraph:
``(2) Any report relating to a covert action that is submitted to
the congressional intelligence committees for the purposes of paragraph
(1) shall be in writing, and shall contain the following:
``(A) A concise statement of any facts pertinent to such
report.
``(B) An explanation of the significance of the covert
action covered by such report.''.
(2) Notice on information not disclosed.--Subsection (c) of
such section is amended by adding at the end the following new
paragraph:
``(5) If the Director of National Intelligence or the head of a
department, agency, or other entity of the United States Government
does not provide information required by subsection (b)(2) in full or
to all the members of the congressional intelligence committees, and
requests that such information not be provided in full or to all
members of the congressional intelligence committees, for the reason
specified in paragraph (2), the Director shall, in a timely fashion--
``(A) notify all the members of such committees of the
determination not to provide such information in full or to all
members of such committees, as the case may be, including a
statement of the reasons for such determination; and
``(B) submit, in writing, to all the members of such
committees a summary of the covert action covered by such
determination that provides sufficient information to permit
such members to assess the legality, benefits, costs, and
advisability of such covert action.''.
(3) Modification of nature of change of covert action
triggering notice requirements.--Subsection (d) of such section
is amended by striking ``significant'' the first place it
appears.
SEC. 305. 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. 306. 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. 307. ADDITIONAL LIMITATION ON AVAILABILITY OF FUNDS FOR
INTELLIGENCE AND INTELLIGENCE-RELATED ACTIVITIES.
Section 504 of the National Security Act of 1947 (50 U.S.C. 414) is
amended--
(1) in subsection (a), by inserting ``the congressional
intelligence committees have been fully and currently informed
of such activity and if'' after ``only if'';
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively; and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) In any case in which notice to the congressional intelligence
committees on an intelligence or intelligence-related activity is
covered by section 502(b), or in which notice to the congressional
intelligence committees on a covert action is covered by section
503(c)(5), the congressional intelligence committees shall be treated
as being fully and currently informed on such activity or covert
action, as the case may be, for purposes of subsection (a) if the
requirements of such section 502(b) or 503(c)(5), as applicable, have
been met.''.
SEC. 308. INCREASE IN PENALTIES FOR DISCLOSURE OF UNDERCOVER
INTELLIGENCE OFFICERS AND AGENTS.
(a) Disclosure of Agent After Access to Information Identifying
Agent.--Subsection (a) of section 601 of the National Security Act of
1947 (50 U.S.C. 421) is amended by striking ``ten years'' and inserting
``15 years''.
(b) Disclosure of Agent After Access to Classified Information.--
Subsection (b) of such section is amended by striking ``five years''
and inserting ``ten years''.
SEC. 309. 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, or such longer time as may be provided
by law, 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. 310. 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 ``or'' 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 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
and pertains to an identifiable individual or, upon the
authorization of the Director of National Intelligence
(or a designee of the Director in a position not lower
than Deputy Director of National Intelligence), other
than an identifiable individual; or
``(B) by any other agency that maintains the
record, if--
``(i) the head of the element of the
intelligence community makes a written request
to that agency specifying the particular
portion of the record 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--
``(I) 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
``(II) 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) 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 receipt, collection, or
retention of information unless the receipt, collection, or retention
of such information by the element of the intelligence community
concerned is otherwise authorized by the Constitution, laws, or
Executive orders of the United States.
(e) Recordkeeping Requirements.--
(1) Retention of requests.--Any request made by the head of
an element of the intelligence community to another department
or agency of the Federal Government under paragraph (13)(B)(i)
of section 552a(b) of title 5, United States Code (as added by
subsection (a)), shall be retained by such element of the
intelligence community in a manner consistent with the
protection of intelligence sources and methods. Any request so
retained should be accompanied by an explanation that supports
the assertion of the element of the intelligence community
requesting the record that the information was, at the time of
request, relevant to a lawful and authorized activity to
protect against international terrorism or the proliferation of
weapons of mass destruction.
(2) Access to retained requests.--An element of the
intelligence community retaining a request, and any
accompanying explanation, under paragraph (1) shall, consistent
with the protection of intelligence sources and methods,
provide access to such request, and any accompanying
explanation, to the following:
(A) The head of the department or agency of the
Federal Government receiving such request, or the
designee of the head of such department or agency, if--
(i) the access of such official to such
request, and any accompanying explanation, is
consistent with the protection of intelligence
sources and methods;
(ii) such official is appropriately cleared
for access to such request, and any
accompanying explanation; and
(iii) the access of such official to such
request, and any accompanying explanation, is
necessary for the performance of the duties of
such official.
(B) The Select Committee on Intelligence of the
Senate or the Permanent Select Committee on
Intelligence of the House of Representatives.
(C) The Inspector General of any element of the
intelligence community having jurisdiction over the
matter.
(f) Reports.--
(1) Annual reports.--Not later than one year after the date
of the enactment of this Act, and annually thereafter through
the termination of this section and the amendments made by this
section under subsection (j), the Director of National
Intelligence and the Attorney General, in coordination with the
Privacy and Civil Liberties Oversight Board, shall jointly
submit to the appropriate committees of Congress a report on
the administration of this section and the amendments made by
this section.
(2) Final report.--Not later than six months before the
date specified in subsection (j), the Director of National
Intelligence and the Attorney General, in coordination with the
Privacy and Civil Liberties Oversight Board, shall jointly
submit to the appropriate committees of Congress a report on
administration of this section and the amendments made by this
section. The report shall include the recommendations of the
Director and the Attorney General, as they consider
appropriate, 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 (j), 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 appropriate committees
of Congress a report providing such advice and counsel
on the administration of this section and the
amendments made by this section as the Board considers
appropriate.
(4) Form of reports.--Each report under this subsection
shall, to the maximum extent practicable, be submitted in
unclassified form. Any classified annex included with such a
report shall be submitted to the Select Committee on
Intelligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives.
(g) Guidelines.--
(1) In general.--Not later than six months after the date
of the enactment of this Act, the Attorney General and the
Director of National Intelligence shall, in consultation with
the Secretary of Defense and other appropriate officials,
jointly prescribe guidelines governing the implementation and
exercise of the authorities provided in this section and the
amendments made by this section.
(2) Elements.--The guidelines prescribed under paragraph
(1) shall--
(A) ensure that the authorities provided under
paragraph (13) of section 552a(b) of title 5, United
States Code (as added by subsection (a)), are
implemented in a manner that protects the rights under
the Constitution of United States persons;
(B) direct that all applicable policies and
procedures governing the receipt, collection,
retention, analysis, and dissemination of foreign
intelligence information concerning United States
persons are appropriately followed; and
(C) provide that the authorities provided under
paragraph (13) of section 552a(b) of title 5, United
States Code (as so added), are implemented in a manner
consistent with existing laws, regulations, and
Executive orders governing the conduct of intelligence
activities.
(3) Form.--The guidelines prescribed under paragraph (1)
shall be unclassified, to the maximum extent practicable, but
may include a classified annex.
(4) Submittal to congress.--The guidelines prescribed under
paragraph (1) shall be submitted to the appropriate committees
of Congress. Any classified annex included with such guidelines
shall be submitted to the Select Committee on Intelligence of
the Senate and the Permanent Select Committee on Intelligence
of the House of Representatives.
(h) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall take
effect on the date of the issuance of the guidelines required
by subsection (g).
(2) Certain requirements.--Subsections (f) and (g) shall
take effect on the date of the enactment of this Act.
(i) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Homeland Security and Governmental
Affairs and the Select Committee on Intelligence of the Senate;
and
(2) the Committee on Government Reform and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(j) Termination.--This section and the amendments made by this
section shall cease to have effect on the date that is three years
after the date of the issuance of the guidelines required by subsection
(g).
SEC. 311. 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. 312. 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.
SEC. 313. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON COMPLIANCE WITH
THE DETAINEE TREATMENT ACT OF 2005.
(a) Report Required.--Not later than May 1, 2007, the Director of
National Intelligence shall submit to the congressional intelligence
committees a comprehensive report on all measures taken by the Office
of the Director of National Intelligence and by each element, if any,
of the intelligence community with relevant responsibilities to comply
with the provisions of the Detainee Treatment Act of 2005 (title X of
division A of Public Law 109-148).
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the detention or interrogation
methods, if any, that have been determined to comply with
section 1003 of the Detainee Treatment Act of 2005 (119 Stat.
2739; 42 U.S.C. 2000dd), and, with respect to each such
method--
(A) an identification of the official making such
determination; and
(B) a statement of the basis for such
determination.
(2) A description of the detention or interrogation
methods, if any, whose use has been discontinued pursuant to
the Detainee Treatment Act of 2005, and, with respect to each
such method--
(A) an identification of the official making the
determination to discontinue such method; and
(B) a statement of the basis for such
determination.
(3) A description of any actions that have been taken to
implement section 1004 of the Detainee Treatment Act of 2005
(119 Stat. 2740; 42 U.S.C. 2000dd-1), and, with respect to each
such action--
(A) an identification of the official taking such
action; and
(B) a statement of the basis for such action.
(4) Any other matters that the Director considers necessary
to fully and currently inform the congressional intelligence
committees about the implementation of the Detainee Treatment
Act of 2005.
(5) An appendix containing--
(A) all guidelines for the application of the
Detainee Treatment Act of 2005 to the detention or
interrogation activities, if any, of any element of the
intelligence community; and
(B) all legal opinions of any office or official of
the Department of Justice about the meaning or
application of Detainee Treatment Act of 2005 with
respect to the detention or interrogation activities,
if any, of any element of the intelligence community.
(c) Form.--The report required by subsection (a) shall be submitted
in classified form.
(d) Definitions.--In this section:
(1) The term ``congressional intelligence committees''
means--
(A) the Select Committee on Intelligence of the
Senate; and
(B) the Permanent Select Committee of the House of
Representatives.
(2) The term ``intelligence community'' means the elements
of the intelligence community specified in or designated under
section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).
SEC. 314. REPORT ON ANY CLANDESTINE DETENTION FACILITIES FOR
INDIVIDUALS CAPTURED IN THE GLOBAL WAR ON TERRORISM.
(a) In General.--The President shall ensure that the United States
Government continues to comply with the authorization, reporting, and
notification requirements of title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.).
(b) Director of National Intelligence Report.--
(1) Report required.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence shall provide to the members of the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives a detailed report setting forth the nature and
cost of, and otherwise providing a full accounting on, any
clandestine prison or detention facility currently or formerly
operated by the United States Government, regardless of
location, where detainees in the global war on terrorism are or
were being held.
(2) Elements.--The report required by paragraph (1) shall
set forth, for each prison or facility, if any, covered by such
report, the following:
(A) The location and size of such prison or
facility.
(B) If such prison or facility is no longer being
operated by the United States Government, the
disposition of such prison or facility.
(C) The number of detainees currently held or
formerly held, as the case may be, at such prison or
facility.
(D) Any plans for the ultimate disposition of any
detainees currently held at such prison or facility.
(E) A description of the interrogation procedures
used or formerly used on detainees at such prison or
facility and a determination, in coordination with
other appropriate officials, on whether such procedures
are or were in compliance with United States
obligations under the Geneva Conventions and the
Convention Against Torture.
(3) Form of report.--The report required by paragraph (1)
shall be submitted in classified form.
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 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 national intelligence, 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 and applicable requirements in Executive
Order 12333 (or any successor order) regarding the retention
and dissemination of information concerning United States
persons, 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) systematically identify and assess the most
significant intelligence challenges that require technical
solutions;
``(2) examine options to enhance the responsiveness of
research and design programs of the elements of the
intelligence community 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, 2007, 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.--
(1) In general.--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''.
(2) Applicability.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act, and
shall apply with respect to any appointment of an individual as
Chief Information Officer of the Intelligence Community that is
made on or after that date.
(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.--Subject to subsections (g) and
(h), 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.
``(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)(A) 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.
``(B) This paragraph shall not apply to the Inspector General of
the Department of Defense or to any other Inspector General within the
Department of Defense.
``(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) 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 operation 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.''.
SEC. 409. LEADERSHIP AND LOCATION OF CERTAIN OFFICES AND OFFICIALS.
(a) National Counter Proliferation Center.--Section 119A(a) of the
National Security Act of 1947 (50 U.S.C. 404o-1(a)) is amended--
(1) by striking ``(a) Establishment.--Not later than 18
months after the date of the enactment of the National Security
Intelligence Reform Act of 2004, the'' and inserting the
following:
``(a) In General.--
``(1) Establishment.--The''; and
(2) by adding at the end the following new paragraphs:
``(2) Director.--The head of the National Counter
Proliferation Center shall be the Director of the National
Counter Proliferation Center, who shall be appointed by the
Director of National Intelligence.
``(3) Location.--The National Counter Proliferation Center
shall be located within the Office of the Director of National
Intelligence.''.
(b) Officers.--Section 103(c) of that Act (50 U.S.C. 403-3(c)) is
amended--
(1) by redesignating paragraph (9) as paragraph (13); and
(2) by inserting after paragraph (8) the following new
paragraphs:
``(9) The Chief Information Officer of the Intelligence
Community.
``(10) The Inspector General of the Intelligence Community.
``(11) The Director of the National Counterterrorism
Center.
``(12) The Director of the National Counter Proliferation
Center.''.
SEC. 410. NATIONAL SPACE INTELLIGENCE CENTER.
(a) Establishment.--
(1) In general.--Title I of the National Security Act of
1947 (50 U.S.C. 401 et seq.) is amended by adding after section
119B the following new section:
``national space intelligence center
``Sec. 119C. (a) Establishment.--There is established within the
Office of the Director of National Intelligence a National Space
Intelligence Center.
``(b) Director of National Space Intelligence Center.--The National
Intelligence Officer for Science and Technology, or a successor
position designated by the Director of National Intelligence, shall act
as the Director of the National Space Intelligence Center.
``(c) Missions.--The National Space Intelligence Center shall have
the following missions:
``(1) To coordinate and provide policy direction for the
management of space-related intelligence assets.
``(2) To prioritize collection activities consistent with
the National Intelligence Collection Priorities framework, or a
successor framework or other document designated by the
Director of National Intelligence.
``(3) To provide policy direction for programs designed to
ensure a sufficient cadre of government and nongovernment
personnel in fields relating to space intelligence, including
programs to support education, recruitment, hiring, training,
and retention of qualified personnel.
``(4) To evaluate independent analytic assessments of
threats to classified United States space intelligence systems
throughout all phases of the development, acquisition, and
operation of such systems.
``(d) Access to Information.--The Director of National Intelligence
shall ensure that the National Space Intelligence Center has access to
all national intelligence information (as appropriate), and such other
information (as appropriate and practical), necessary for the Center to
carry out the missions of the Center under subsection (c).
``(e) Separate Budget Account.--The Director of National
Intelligence shall include in the National Intelligence Program budget
a separate line item for the National Space Intelligence Center.''.
(2) Clerical amendment.--The table of contents for that Act
is amended by inserting after the item relating to section 119B
the following new item:
``Sec. 119C. National Space Intelligence Center.''.
(b) Report on Organization of Center.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Director of the National
Space Intelligence Center shall submit to the Select Committee
on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives a
report on the organizational structure of the National Space
Intelligence Center established by section 119C of the National
Security Act of 1947 (as added by subsection (a)).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The proposed organizational structure of the
National Space Intelligence Center.
(B) An identification of key participants in the
Center.
(C) A strategic plan for the Center during the
five-year period beginning on the date of the report.
SEC. 411. 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.
``(F) The Office of the Inspector General of the
Intelligence Community.''.
(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. 412. 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) Expeditious Payment.--That section is further amended by adding
at the end the following new subsection (d):
``(d) Expeditious Payment.--Payment of an award under this
authority in this section shall be made as expeditiously as is
practicable after the making of the award.''.
(d) 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''.
(e) 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. 413. 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 (e), as so redesignated--
(A) in paragraph (1), by striking ``subsection
(e)(1)'' and inserting ``subsection (d)(1)''; and
(B) in paragraph (2), by striking ``subsection
(e)(2)'' and inserting ``subsection (d)(2)''.
SEC. 414. 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. 415. 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. 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.
Subtitle B--Central Intelligence Agency
SEC. 421. DIRECTOR AND DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE
AGENCY.
(a) Appointment of Director of Central Intelligence Agency.--
Subsection (a) of section 104A of the National Security Act of 1947 (50
U.S.C. 403-4a) 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 Serving as Director of Central
Intelligence Agency or Administratively Performing Duties of Deputy
Director of Central Intelligence Agency.--(1) A commissioned officer of
the Armed Forces who is serving as the Director of the Central
Intelligence Agency or 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 such
service, or 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 service, or the administrative performance of duties, described in
that paragraph by an officer described in that paragraph shall not
affect the status, position, rank, or grade of such 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) A commissioned officer described in paragraph (1), while
serving, or 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.--
(1) Director of central intelligence agency.--The amendment
made by subsection (a) shall--
(A) take effect on the date of the enactment of
this Act; and
(B) apply upon the occurrence of any act creating a
vacancy in the position of Director of the Central
Intelligence Agency after such date, except that if the
vacancy occurs by resignation from such position of the
individual serving in such position on such date, that
individual may continue serving in such position after
such resignation until the individual appointed to
succeed such resigning individual as Director of the
Central Intelligence Agency, by and with the advice and
consent of the Senate, assumes the duties of such
position.
(2) Deputy director of central intelligence agency.--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--
(A) 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
(B) 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 redesignated by
section 421(b)(1) of this Act, is further amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) 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)(4) of the National Security Act of 1947 (50 U.S.C. 403-
1(i), 403-4a(e)(4))''.
(c) Construction With Exemption From Requirement for Disclosure of
Information to Public.--Section 104A(e)(4) 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.
(d) Technical Amendments to Central Intelligence Agency Retirement
Act.--Section 201(c) of the Central Intelligence Agency Retirement Act
(50 U.S.C. 2011(c)) is amended--
(1) in the subsection caption, by striking ``of DCI'';
(2) by striking ``section 102A(i)'' and inserting
``sections 102A(i) and 104A(e)(4)'';
(3) by striking ``of National Intelligence''; and
(4) by inserting ``of the Central Intelligence Agency''
after ``methods''.
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)--
(A) by striking ``paragraph (2)'' and inserting
``paragraphs (2) and (3)''; and
(B) by striking ``Directorate of Operations'' and
inserting ``National Clandestine Service'';
(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 National Clandestine Service of the
Central Intelligence Agency who is serving in a Senior Intelligence
Service position as of December 23, 2005, 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) by striking the first sentence and inserting the
following new sentence: ``The Director of the Central
Intelligence Agency shall submit to Congress a report that
identifies individuals who, or positions within the Senior
Intelligence Service in the Directorate of Intelligence or the
National Clandestine Service of the Central Intelligence Agency
that, are determined by the Director to require a waiver under
subsection (h) of section 104A 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
2007.''; and
(2) in the second sentence--
(A) by striking ``section 104A(g)(2), as so added''
and inserting ``subsection (h)(2) of section 104A, 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. 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
(3) by adding at the end the following new subparagraph:
``(B) Authorize personnel engaged in the performance of
protective functions authorized pursuant to subparagraph (A),
when engaged in 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. 425. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON RETIREMENT
BENEFITS FOR FORMER EMPLOYEES OF AIR AMERICA.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to Congress a report on the advisability of providing Federal
retirement benefits to United States citizens for the service of such
individuals before 1977 as employees of Air America or an associated
company while such company was owned or controlled by the United States
Government and operated or managed by the Central Intelligence Agency.
(b) Report Elements.--(1) The report required by subsection (a)
shall include the following:
(A) The history of Air America and associated companies
before 1977, including a description of--
(i) the relationship between such companies and the
Central Intelligence Agency and other elements of the
United States Government;
(ii) the workforce of such companies;
(iii) the missions performed by such companies and
their employees for the United States; and
(iv) the casualties suffered by employees of such
companies in the course of their employment with such
companies.
(B) A description of the retirement benefits contracted for
or promised to the employees of such companies before 1977, the
contributions made by such employees for such benefits, the
retirement benefits actually paid such employees, the
entitlement of such employees to the payment of future
retirement benefits, and the likelihood that former employees
of such companies will receive any future retirement benefits.
(C) An assessment of the difference between--
(i) the retirement benefits that former employees
of such companies have received or will receive by
virtue of their employment with such companies; and
(ii) the retirement benefits that such employees
would have received and in the future receive if such
employees had been, or would now be, treated as
employees of the United States whose services while in
the employ of such companies had been or would now be
credited as Federal service for the purpose of Federal
retirement benefits.
(D) The recommendations of the Director regarding the
advisability of legislative action to treat employment at such
companies as Federal service for the purpose of Federal
retirement benefits in light of the relationship between such
companies and the United States Government and the services and
sacrifices of such employees to and for the United States, and
if legislative action is considered advisable, a proposal for
such action and an assessment of its costs.
(2) The Director of National Intelligence shall include in the
report any views of the Director of the Central Intelligence Agency on
the matters covered by the report that the Director of the Central
Intelligence Agency considers appropriate.
(c) Assistance of Comptroller General.--The Comptroller General of
the United States shall, upon the request of the Director of National
Intelligence and in a manner consistent with the protection of
classified information, assist the Director in the preparation of the
report required by subsection (a).
(d) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(e) Definitions.--In this section:
(1) The term ``Air America'' means Air America,
Incorporated.
(2) The term ``associated company'' means any company
associated with or subsidiary to Air America, including Air
Asia Company Limited and the Pacific Division of Southern Air
Transport, Incorporated.
Subtitle C--Defense Intelligence Components
SEC. 431. 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. 432. CODIFICATION OF AUTHORITIES OF NATIONAL SECURITY AGENCY
PROTECTIVE PERSONNEL.
The National Security Agency Act of 1959 (50 U.S.C. 402 note) is
amended by adding at the end the following new section:
``Sec. 21. (a) The Director 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. 433. 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. 434. 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) Positions of Importance and Responsibility.--
(1) Designation of positions.--The President may designate
any of the positions referred to in paragraph (2) as positions
of importance and responsibility under section 601 of title 10,
United States Code.
(2) Covered positions.--The positions referred to in this
paragraph are as follows:
(A) The Director of the National Security Agency.
(B) The Director of the National Geospatial-
Intelligence Agency.
(C) The Director of the National Reconnaissance
Office.
(e) Effective Date and Applicability.--(1) 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--
(A) 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
(B) 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.
(2) Subsection (d) shall take effect on the date of the enactment
of this Act.
SEC. 435. CLARIFICATION OF NATIONAL SECURITY MISSIONS OF NATIONAL
GEOSPATIAL-INTELLIGENCE AGENCY FOR ANALYSIS AND
DISSEMINATION OF CERTAIN INTELLIGENCE INFORMATION.
Section 442(a) of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2)(A) As directed by the Director of National Intelligence, the
National Geospatial-Intelligence Agency shall also analyze,
disseminate, and incorporate into the National System for Geospatial-
Intelligence, likenesses, videos, or presentations produced by ground-
based platforms, including handheld or clandestine photography taken by
or on behalf of human intelligence collection organizations or
available as open-source information.
``(B) The authority provided by this paragraph does not include the
authority to manage or direct the tasking of, set requirements and
priorities for, set technical requirements related to, or modify any
classification or dissemination limitations related to the collection
of, handheld or clandestine photography taken by or on behalf of human
intelligence collection organizations.''; and
(3) in paragraph (3), as so redesignated, by striking
``paragraph (1)'' and inserting ``paragraphs (1) and (2)''.
SEC. 436. SECURITY CLEARANCES IN THE NATIONAL GEOSPATIAL-INTELLIGENCE
AGENCY.
The Secretary of Defense shall, during the period beginning on the
date of the enactment of this Act and ending on December 31, 2007,
delegate to the Director of the National Geospatial-Intelligence Agency
personnel security authority with respect to the National Geospatial-
Intelligence Agency (including authority relating to the use of
contractor personnel in investigations and adjudications for security
clearances) that is identical to the personnel security authority of
the Director of the National Security Agency with respect to the
National Security Agency.
Subtitle D--Other Elements
SEC. 441. 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. 442. 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.
``(c) Contract To Be Appropriate Means of Securing Services.--The
chief contracting officer of the Department of State shall ensure that
each contract entered into by the Secretary under this section is the
appropriate means of securing the services to be provided under such
contract.''.
SEC. 443. CLARIFICATION OF INCLUSION OF COAST GUARD AND DRUG
ENFORCEMENT ADMINISTRATION AS ELEMENTS OF THE
INTELLIGENCE COMMUNITY.
Section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)) is amended--
(1) in subparagraph (H)--
(A) by inserting ``the Coast Guard,'' after ``the
Marine Corps,''; and
(B) by inserting ``the Drug Enforcement
Administration,'' after ``the Federal Bureau of
Investigation,''; and
(2) in subparagraph (K), by striking ``, including the
Office of Intelligence of the Coast Guard''.
SEC. 444. 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)'';
(ii) in paragraph (5)(A), by striking ``or
personnel'' in the matter preceding clause (i);
and
(iii) in paragraph (5)(B), by striking ``or
agency involved'' in the second sentence and
inserting ``involved or the Director of the
Central Intelligence Agency (in the case of the
Central Intelligence Agency)'';
(C) in subsection (l)(2)(B), by striking
``section'' and inserting ``paragraph''; and
(D) in subsection (n), by inserting ``and Other''
after ``Acquisition''.
(2) In section 119(c)(2)(B) (50 U.S.C. 404o(c)(2)(B)), by
striking ``subsection (h)'' and inserting ``subsection (i)''.
(3) In section 705(e)(2)(D)(i) (50 U.S.C.
432c(e)(2)(D)(i)), by striking ``responsible'' and inserting
``responsive''.
SEC. 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 striking ``annual budgets
for the Joint Military Intelligence Program and for Tactical
Intelligence and Related Activities'' and inserting ``annual
budget for the Military Intelligence Program or any successor
program or programs''; and
(2) in subsection (d)(1)(B), by striking ``Joint Military
Intelligence Program'' and inserting ``Military Intelligence
Program or any successor program or programs''.
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 further 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 (5 U.S.C. 601 note)--
(A) in subsection (d)(4)(A), by striking ``National
Intelligence Director'' and inserting ``Director of
National Intelligence''; and
(B) in subsection (h), 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 AMENDMENTS TO TITLE 10, UNITED STATES CODE, ARISING
FROM ENACTMENT OF THE INTELLIGENCE REFORM AND TERRORISM
PREVENTION ACT OF 2004.
(a) References to Head of Intelligence Community.--Title 10, United
States Code, is amended by striking ``Director of Central
Intelligence'' each place it appears in a provision as follows and
inserting ``Director of National Intelligence'':
(1) Section 193(d)(2).
(2) Section 193(e).
(3) Section 201(a).
(4) Section 201(b)(1).
(5) Section 201(c)(1).
(6) Section 425(a).
(7) Section 431(b)(1).
(8) Section 441(c).
(9) Section 441(d).
(10) Section 443(d).
(11) Section 2273(b)(1).
(12) Section 2723(a).
(b) Clerical Amendments.--Such title is further amended by striking
``Director of Central Intelligence'' each place it appears in a
provision as follows and inserting ``Director of National
Intelligence'':
(1) Section 441(c).
(2) Section 443(d).
(c) Reference to Head of Central Intelligence Agency.--Section 444
of such title is amended by striking ``Director of Central
Intelligence'' each place it appears and inserting ``Director of the
Central Intelligence Agency''.
SEC. 505. 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. 506. 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. 507. 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. 508. 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 (x)).
(F) Section 5342(a)(1) (in clause (K)).
(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)(1) 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>
