[Congressional Record: April 16, 2007 (Senate)]
[Page S4508-S4549]
TEXT OF AMENDMENTS
______
SA 843. Mr. ROCKEFELLER (for himself and Mr. Bond) proposed an
amendment to the bill S. 372, 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; as follows:
Strike all after the enacting clause and insert the
following:
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. Extension to intelligence community of authority to delete
information about receipt and disposition of foreign
gifts and decorations.
Sec. 311. Availability of funds for travel and transportation of
personal effects, household goods, and automobiles.
Sec. 312. Director of National Intelligence report on compliance with
the Detainee Treatment Act of 2005.
Sec. 313. 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.
[[Page S4509]]
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
[[Page S4510]]
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.
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.--(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, not later than 30 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 or the Permanent Select Committee on Intelligence of
the House of Representatives, make available to such
committee such assessment, report, estimate, legal opinion,
or other information, as the case may be.
``(2) A committee making a request under paragraph (1) may
specify a greater number of days for submittal to such
committee of information in response to such request than is
otherwise provided for under that paragraph.
``(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, the Director shall, in a timely
fashion, notify such committees of the determination not to
provide such information in full or to all members of such
committees. Such notice shall be submitted in writing in a
classified form, include a statement of the reasons for such
determination and a description that provides the main
features of the intelligence activities covered by such
determination, and contain no restriction on access to this
notice by all members of the committee.
``(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:
[[Page S4511]]
``(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) in full or to all the members of the
congressional intelligence committees, and requests that such
information not be provided, the Director shall, in a timely
fashion, notify such committees of the determination not to
provide such information in full or to all members of such
committees. Such notice shall be submitted in writing in a
classified form, include a statement of the reasons for such
determination and a description that provides the main
features of the covert action covered by such determination,
and contain no restriction on access to this notice by all
members of the committee.''.
(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. 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. 311. 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.
[[Page S4512]]
SEC. 312. 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. 313. 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 report on any clandestine prison or
detention facility currently or formerly operated by the
United States Government for individuals captured in the
global war on terrorism.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The date each prison or facility became operational,
and if applicable, the date on which each prison or facility
ceased its operations.
(B) The total number of prisoners or detainees held at each
prison or facility during its operation.
(C) The current number of prisoners or detainees held at
each operational prison or facility.
(D) The total and average annual costs of each prison or
facility during its operation.
(E) A description of the interrogation procedures used or
formerly used on detainees at each prison or facility,
including whether a determination has been made that such
procedures are or were in compliance with the 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--
[[Page S4513]]
(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
[[Page S4514]]
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
[[Page S4515]]
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
[[Page S4516]]
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)'';
[[Page S4517]]
(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)'';
[[Page S4518]]
(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
[[Page S4519]]
(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.
[[Page S4520]]
``(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:
[[Page S4521]]
``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''.
______
SA 844. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill S. 372, 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; which was ordered to lie on the table;
as follows:
At the end of title III, add the following:
SEC. __. REPORT ON INTELLIGENCE RELATED TO INSURGENT FORCES
IN IRAQ.
(a) Requirement for Report.--Not later than 90 days after
the date of enactment of this Act, and every 90 days
thereafter, the Director of National Intelligence shall
submit to Congress a report on intelligence relating to the
insurgent forces in Iraq that are fighting against coalition
forces in Iraq or forces of the Government of Iraq.
(b) Content of Report.--Each report required by subsection
(a) shall include the following:
(1) An estimate of the number of insurgent forces in Iraq
that are fighting against coalition forces in Iraq or forces
of the Government of Iraq.
(2) A description of the locations in Iraq where such
insurgent forces are located.
(3) A description of the capability of such insurgent
forces and of the manner in which such insurgent forces are
funded.
(4) An estimate of the number of members of such insurgent
forces in Iraq who are--
(A) members of al Qaeda or any other terrorist
organization; or
(B) former members of the Ba'ath Party.
(c) Form of Report.--The report required by subsection (a)
shall be submitted in a classified form.
______
SA 845. Mr. BAYH submitted an amendment intended to be proposed by
him to the bill S. 372, 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; which was ordered to lie on the table;
as follows:
At the end of title V, add the following:
SEC. 509. PROCUREMENT OF PREDATOR AND GLOBAL HAWK UNMANNED
AERIAL VEHICLES AND RELATED SYSTEMS.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on the actions being taken by the
Department of Defense to address shortfalls in the
procurement of Predator Unmanned Aerial Vehicles and Global
Hawk Unmanned Aerial Vehicles and associated orbits for
military and intelligence mission requirements.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of any shortages in available Predator
Unmanned Aerial Vehicles, Global Hawk Unmanned Aerial
Vehicles, and associated orbits to meet requirements of
United States military and intelligence forces in the field,
including for activities in Iraq, Afghanistan, Colombia,
East, South and Southeast Asia.
(2) A description of progress in developing next-generation
stealth, medium-altitude unmanned aerial vehicles.
(3) A schedule for addressing such shortages.
(4) An assessment of whether or not the Department of
Defense has requested all funds required to keep production
lines for such unmanned aerial vehicles running at maximum
capacity until such shortages are fully addressed, and, if
not, a statement of the reasons why.
(5) A description of the actions required to fully address
such shortages.
(6) An assessment of whether or not reliance on a sole-
source producer for production of the Predator Unmanned
Aerial Vehicle delays the achievement of production and
procurement schedules for such vehicle, and if so,
recommendations securing one or more additional producers of
the vehicle
(7) A statement of the anticipated overseas requirements
for such unmanned aerial vehicles during the five-year period
beginning on the date of the report, including an assessment
of the extent to which long-endurance unmanned aerial
vehicles, whether armed or for intelligence, surveillance,
and reconnaissance purposes, are long-term and growing
requirement for the Armed Forces.
(8) A statement as to whether domestic requirements for
medium-altitude unmanned aerial vehicles will further delay
meeting all overseas military and intelligence requirements.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
______
SA 846. Mr. BINGAMAN submitted an amendment intended to be proposed
by him to the bill S. 372, 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; which was ordered to lie on the table;
as follows:
At the appropriate place, insert the following:
``(7) develop 15-year projections and assessments of the
needs of the intelligence community to ensure a robust
federal scientific and engineering workforce and the means to
recruit such a workforce through integrated scholarships
across the intelligence community, including research grants
and cooperative work-study programs;
______
SA 847. Ms. COLLINS (for herself, Mr. Lieberman, Mr. Carper, Mr.
Coleman, and Mr. Akaka) submitted an amendment intended to be proposed
to amendment SA 843 proposed by Mr. Rockefeller (for himself and Mr.
Bond) to the bill S. 372, 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; as follows:
At the appropriate place, insert the following:
SEC. ___. SENSE OF CONGRESS RELATING TO CONSTITUTIONAL AND
STATUTORY PROTECTIONS ACCORDED SEALED DOMESTIC
MAIL.
(a) Findings.--Congress finds that--
(1) all Americans depend on the United States Postal
Service to transact business and communicate with friends and
family;
(2) postal customers have a constitutional right to expect
that their sealed domestic mail will be protected against
unreasonable searches;
(3) the circumstances and procedures under which the
Government may search sealed mail are well defined, including
provisions under the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq.), and generally require prior
judicial approval;
(4) the United States Postal Inspection Service has the
authority to open and search a sealed envelope or package
when there is immediate threat to life or limb or an
immediate and substantial danger to property;
(5) the United States Postal Service affirmed January 4,
2007, that the enactment of the Postal Accountability and
Enhancement Act (Public Law 109-435) does not grant Federal
law enforcement officials any new authority to open domestic
mail;
(6) questions have been raised about these basic privacy
protections following issuance of the President's signing
statement on the Postal Accountability and Enhancement Act
(Public Law 109-435); and
(7) the Senate rejects any interpretation of the
President's signing statement on the Postal Accountability
and Enhancement Act (Public Law 109-435) that in any way
diminishes the privacy protections accorded sealed domestic
mail under the Constitution and Federal laws and regulations.
(b) Sense of Congress.--It is the sense of Congress that
Congress reaffirms the constitutional and statutory
protections accorded sealed domestic mail.
______
SA 848. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 372, 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; which was ordered to lie on the table;
as follows:
[[Page S4522]]
At the end, add the following:
SEC. __. RECRUITMENT OF PERSONS TO PARTICIPATE IN TERRORISM.
(a) In General.--Chapter 113B of title 18, United States
Code, is amended by inserting after section 2332b the
following:
``Sec. 2332c. Recruitment of persons to participate in
terrorism.
``(a) Offenses.--
``(1) In general.--It shall be unlawful to employ, solicit,
induce, command, or cause another person to commit an act of
domestic terrorism or international terrorism or a Federal
crime of terrorism, with the intent that the person commit
such act or crime of terrorism
``(2) Attempt and conspiracy.--It shall be unlawful to
attempt or conspire to commit an offense under paragraph (1).
``(b) Penalties.--Any person who violates subsection (a)--
``(1) in the case of an attempt or conspiracy, shall be
fined under this title, imprisoned not more than 10 years, or
both;
``(2) if death of an individual results, shall be fined
under this title, punished by death or imprisoned for any
term of years or for life, or both;
``(3) if serious bodily injury to any individual results,
shall be fined under this title, imprisoned not less than 10
years nor more than 25 years, or both; and
``(4) in any other case, shall be fined under this title,
imprisoned not more than 10 years, or both.
``(c) Rule of Construction.--Nothing in this section shall
be construed or applied so as to abridge the exercise of
rights guaranteed under the first amendment to the
Constitution of the United States.
``(d) Lack of Consummated Terrorist Act Not a Defense.--It
is not a defense under this section that the act of domestic
terrorism or international terrorism or Federal crime of
terrorism that is the object of the employment, solicitation,
inducement, commanding, or causing has not been done.
``(e) Definitions.--In this section--
``(1) the term `Federal crime of terrorism' has the meaning
given that term in section 2332b of this title; and
``(2) the term `serious bodily injury' has the meaning
given that term in section 1365 of this title.''.
(b) Technical and Conforming Amendments.--The table of
sections at the beginning of chapter 113B of title 18, United
States Code, is amended--
(1) by inserting after section 2332b the following:
``2332c. Recruitment of persons to participate in terrorism.''; and
(2) by adding at the end the following:
``2339D. Receiving military-type training from a foreign terrorist
organization.''.
______
SA 849. Mr. CORNYN Submitted an amendment intended to be proposed by
him to the bill S. 372, 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; which was ordered to lie on the table;
as follows:
At the end, add the following:
SEC. __. RECRUITMENT OF PERSONS TO PARTICIPATE IN TERRORISM.
(a) In General.--Chapter 113B of title 18, United States
Code, is amended by inserting after section 2332b the
following:
``Sec. 2332c. Recruitment of persons to participate in
terrorism.
``(a) Offenses.--
``(1) In general.--It shall be unlawful to employ, solicit,
induce, command, or cause another person to commit an act of
domestic terrorism or international terrorism or a Federal
crime of terrorism, with the intent that the person commit
such act or crime of terrorism
``(2) Attempt and conspiracy.--It shall be unlawful to
attempt or conspire to commit an offense under paragraph (1).
``(b) Penalties.--Any person who violates subsection (a)--
``(1) in the case of an attempt or conspiracy, shall be
fined under this title, imprisoned not more than 10 years, or
both;
``(2) if death of an individual results, shall be fined
under this title, punished by death or imprisoned for any
term of years or for life, or both;
``(3) if serious bodily injury to any individual results,
shall be fined under this title, imprisoned not less than 10
years nor more than 25 years, or both; and
``(4) in any other case, shall be fined under this title,
imprisoned not more than 10 years, or both.
``(c) Rule of Construction.--Nothing in this section shall
be construed or applied so as to abridge the exercise of
rights guaranteed under the first amendment to the
Constitution of the United States.
``(d) Lack of Consummated Terrorist Act Not a Defense.--It
is not a defense under this section that the act of domestic
terrorism or international terrorism or Federal crime of
terrorism that is the object of the employment, solicitation,
inducement, commanding, or causing has not been done.
``(e) Definitions.--In this section--
``(1) the term `Federal crime of terrorism' has the meaning
given that term in section 2332b of this title; and
``(2) the term `serious bodily injury' has the meaning
given that term in section 1365 of this title.''.
(b) Technical and Conforming Amendments.--The table of
sections at the beginning of chapter 113B of title 18, United
States Code, is amended--
(1) by inserting after section 2332b the following:
``2332c. Recruitment of persons to participate in terrorism.''; and
(2) by adding at the end the following:
``2339D. Receiving military-type training from a foreign terrorist
organization.''.
SEC. __. APPROPRIATE REMEDIES FOR IMMIGRATION LITIGATION.
(a) Limitation on Class Actions.--No court may certify a
class under rule 23 of the Federal Rules of Civil Procedure
in any civil action that--
(1) is filed after the date of the enactment of this Act;
and
(2) pertains to the administration or enforcement of the
immigration laws of the United States.
(b) Prospective Relief Against the Government.--
(1) In general.--If a Federal court determines that a
plaintiff should be awarded prospective relief to remedy a
violation of the Government in a civil action pertaining to
the administration or enforcement of the immigration laws of
the United States, the court shall--
(A) limit the relief to the minimum necessary to correct
the violation of law;
(B) design the relief as the least intrusive means to
correct the violation;
(C) design the relief in a manner to minimize, to the
greatest extent practicable, the adverse impact of such
relief on the national security, border security, ability to
administer and enforce the immigration laws, and public
safety of the United States; and
(D) provide for the expiration of the relief on a specific
date, which may not be later than the earliest date
practicable for the Government to remedy the violation.
(2) Written explanation.--A court granting prospective
relief for a violation described in paragraph (1) shall issue
a written order granting the relief and include in the order
a discussion of the manner in which the relief is designed to
meet the requirements of subparagraphs (A) through (D) of
paragraph (1) and shall be sufficiently detailed to allow
review by another court.
(3) Expiration of preliminary injunctive relief.--
Preliminary injunctive relief ordered by a court in a case
related to the immigration laws of the United States shall
automatically expire on the date that is 90 days after the
date on which such relief is entered, unless the court finds
that such relief meets the requirements described in
subparagraphs (A) through (D) of paragraph (1) for the entry
of permanent prospective relief and orders the preliminary
relief to become a final order granting prospective relief
prior to the expiration of the 90-day period.
(c) Procedure for Motion Affecting Order Granting
Prospective Relief Against the Government.--
(1) In general.--A court shall promptly rule on a motion
made by the Government to vacate, modify, dissolve, or
otherwise terminate an order granting prospective relief in
any civil action pertaining to the administration or
enforcement of the immigration laws of the United States.
(2) Automatic stays.--
(A) In general.--A motion to vacate, modify, dissolve, or
otherwise terminate an order granting prospective relief made
by the Government in any civil action pertaining to the
administration or enforcement of the immigration laws of the
United States shall automatically, and without further order
of the court, stay the order granting prospective relief on
the date that is 15 days after the date on which such motion
is filed unless the court previously has granted or denied
the Government's motion.
(B) Duration of automatic stay.--An automatic stay under
subparagraph (A) shall continue until the date on which the
court enters an order granting or denying the Government's
motion.
(C) Postponement.--The court may, for good cause, postpone
an automatic stay under subparagraph (A) for not longer than
15 days.
(D) Pending motions.--
(i) Motions pending for 45 days or less.--A motion to
vacate, modify, dissolve, or otherwise terminate an order
granting prospective relief in any civil action pertaining to
the administration or enforcement of the immigration laws of
the United States that has been pending for not more than 45
days on the date of the enactment of this Act shall be
treated as if the motion had been filed on the date of the
enactment of this Act for purposes of this subsection.
(ii) Motions pending for more than 45 days.--
(I) In general.--A motion to vacate, modify, dissolve, or
otherwise terminate an order granting prospective relief in
any civil action pertaining to the administration or
enforcement of the immigration laws of the United States that
has been pending for more than 45 days on the date of the
enactment of this Act, and remains pending 10 days after the
date of the enactment of this Act, shall result in an
automatic stay, without further order of the court, of the
prospective relief that is the subject of the motion.
[[Page S4523]]
(II) Duration of automatic stay.--An automatic stay under
subclause (I) shall continue until the court enters an order
granting or denying the Government's motion.
(III) Postponement.--An automatic stay under this clause
may not be postponed under subparagraph (C).
(E) Automatic stays during remands from higher courts.--If
a United States court of appeals orders a decision on a
motion to vacate, modify, dissolve, or otherwise terminate an
order granting prospective relief in any civil action
pertaining to the administration or enforcement of the
immigration laws of the United States to be remanded to a
district court, the order granting prospective relief which
is the subject of the motion shall be automatically stayed
until the district court enters an order granting or denying
the motion.
(F) Orders blocking automatic stays.--An order staying,
suspending, delaying, or otherwise barring the effective date
of an automatic stay, other than an order to postpone the
effective date of the automatic stay for not longer than 15
days under subparagraph (C), shall be treated as an order
refusing to vacate, modify, dissolve, or otherwise terminate
an injunction and immediately shall be appealable pursuant to
section 1292(a)(1) of title 28, United States Code.
(3) Requirements for order denying motion.--Subsection (b)
shall apply to any order denying a motion made by the
Government to vacate, modify, dissolve, or otherwise
terminate an order granting prospective relief in any civil
action pertaining to the administration or enforcement of the
immigration laws of the United States.
(d) Additional Rules Concerning Prospective Relief
Affecting Expedited Removal.--
(1) Jurisdiction over orders interfering with the
inspection of aliens arriving in the united states.--
Notwithstanding any other provision of law (statutory or
nonstatutory), including section 2241 of title 28, United
States Code, or any other habeas corpus provision and
sections 1361 and 1651 of such title, no court shall have
jurisdiction to grant or continue an order or part of an
order granting prospective relief if the order or part of the
order interferes with, affects, or impacts any determination
pursuant to, or implementation of, section 235(b)(1) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)(1)), except
as expressly provided in section 242(e) of such Act (8 U.S.C.
1252(e)).
(2) Determination of jurisdiction.--If the Government files
a motion to vacate, modify, dissolve, or otherwise terminate
an order granting prospective relief in a civil action
pertaining to the administration or enforcement of the
immigration laws of the United States, the court shall
promptly determine whether the court continues to have
jurisdiction and shall promptly vacate any order or part of
an order granting prospective relief that is not within the
jurisdiction of the court.
(3) Applicability.--Paragraphs (1) and (2) shall not apply
to an order granting prospective relief that was entered
before the date of the enactment of this Act if the
prospective relief granted by such order was necessary to
remedy the violation of a right guaranteed by the
Constitution of the United States.
(e) Settlements.--
(1) Consent decrees.--In any civil action pertaining to the
administration or enforcement of the immigration laws of the
United States, the court shall not enter, approve, or
continue a consent decree unless it complies with the
requirements of subsection (b).
(2) Private settlement agreements.--Nothing in this section
shall preclude parties from entering into a private
settlement agreement that does not comply with the
requirements of subsection (b).
(f) Definitions.--In this section:
(1) Consent decree.--The term ``consent decree'' means any
relief entered by the court that is based in whole or in part
on the consent or acquiescence of the parties, but does not
include private settlement agreements.
(2) Good cause.--The term ``good cause'' does not include
discovery or congestion of the court's calendar.
(3) Government.--The term ``Government'' means the United
States, any Federal department or agency, or any Federal
agent or official acting within the scope of official duties.
(4) Permanent relief.--The term ``permanent relief'' means
relief issued in connection with a final decision of a court.
(5) Private settlement agreement.--The term ``private
settlement agreement'' means an agreement entered into by the
parties that is not subject to judicial enforcement other
than the reinstatement of the civil action of the claim
resolved by such agreement.
(6) Prospective relief.--The term ``prospective relief''
means temporary, preliminary, or permanent relief other than
compensatory monetary damages.
(g) Expedited Proceedings.--It shall be the duty of every
court to advance on the docket and to expedite the
disposition of any civil action or motion subject to the
provisions of this section.
(h) Effective Date.--This section shall apply with respect
to all orders granting prospective relief in any civil action
pertaining to the administration or enforcement of the
immigration laws of the United States, whether such relief
was ordered before, on, or after the date of the enactment of
this Act.
(i) Severability.--If any provision of this section or the
application of such provision to any person or circumstance
is found to be unconstitutional, the remainder of this
section and the application of the provisions of this section
to any person or circumstance shall not be affected by such
finding.
SEC. __. JUDICIAL REVIEW OF VISA REVOCATION.
(a) In General.--Section 221(i) of the Immigration and
Nationality Act (8 U.S.C. 1201(i)) is amended by striking
``There shall be no means of judicial review'' and all that
follows and inserting the following: ``Notwithstanding any
other provision of law, including section 2241 of title 28,
United States Code, or any other habeas corpus provision, and
sections 1361 and 1651 of such title, a revocation under this
subsection may not be reviewed by any court, and no court
shall have jurisdiction to hear any claim arising from, or
any challenge to, such a revocation.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of enactment of this Act and
shall apply to visas issued before, on, or after such date.
SEC. __. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED.
(a) Detention of Deportable Aliens to Protect Public
Safety.--
(1) In general.--Section 241(a) of the Immigration and
Nationality Act (8 U.S.C. 1231(a)) is amended--
(A) by striking ``Attorney General'' each place it appears,
except for the first reference in paragraph (4)(B)(i), and
inserting ``Secretary of Homeland Security'';
(B) in paragraph (1)--
(i) by amending clause (ii) of subparagraph (B) to read as
follows:
``(ii) If a court, the Board of Immigration Appeals, or an
immigration judge orders a stay of the removal of the alien,
the date the stay of removal is no longer in effect.'';
(ii) by adding at the end of subparagraph (B), the
following flush text:
``If, at the beginning of the removal period, as determined
under this subparagraph, the alien is not in the custody of
the Secretary of Homeland Security (under the authority of
this Act), the Secretary shall take the alien into custody
for removal, and the removal period shall not begin until the
alien is taken into such custody. If the Secretary transfers
custody of the alien during the removal period pursuant to
law to another Federal agency or a State or local government
agency in connection with the official duties of such agency,
the removal period shall be tolled, and shall begin anew on
the date of the alien's return to the custody of the
Secretary subject to clause (ii).''; and
(iii) by amending subparagraph (C) to read as follows:
``(C) Suspension of period.--The removal period shall be
extended beyond a period of 90 days and the alien may remain
in detention during such extended period if the alien--
``(i) fails or refuses to make all reasonable efforts to
comply with the removal order, or to fully cooperate with the
efforts of the Secretary to establish the identity of the
alien and carry out the removal order, including making
timely application in good faith for travel or other
documents necessary to the departure of the alien; or
``(ii) conspires or acts to prevent the alien's removal.'';
(C) in paragraph (2)--
(i) by striking ``During'' and inserting the following:
``(A) In general.--During''; and
(ii) by adding at the end the following new subparagraph:
``(B) Effect of stay of removal.--If a court, the Board of
Immigration Appeals, or an immigration judge orders a stay of
removal of an alien who is subject to an administratively
final order of removal, the Secretary of Homeland Security in
the exercise of discretion may detain the alien during the
pendency of such stay of removal.'';
(D) in paragraph (3), by amending subparagraph (D) to read
as follows:
``(D) to obey reasonable restrictions on the alien's
conduct or activities or to perform affirmative acts that the
Secretary of Homeland Security prescribes for the alien, in
order to prevent the alien from absconding, for the
protection of the community, or for other purposes related to
the enforcement of the immigration laws.'';
(E) in paragraph (6), by striking ``removal period and, if
released,'' and inserting ``removal period, in the discretion
of the Secretary of Homeland Security, without any
limitations other than those specified in this section, until
the alien is removed. If the alien is released, the alien'';
and
(F) by redesignating paragraph (7) as paragraph (10) and
inserting after paragraph (6) the following new paragraphs:
``(7) Parole.--If an alien detained pursuant to paragraph
(6) is an applicant for admission, the Secretary of Homeland
Security, in the Secretary's discretion, may parole the alien
under section 212(d)(5) and may provide, notwithstanding
section 212(d)(5), that the alien shall not be returned to
custody unless either the alien violates the conditions of
the parole or the removal of the alien becomes reasonably
foreseeable. In no circumstance shall such alien be
considered admitted.
``(8) Additional rules for detention or release of certain
aliens who have made an entry.--The following procedures
apply to an alien who has effected an entry into the United
States and do not apply to any
[[Page S4524]]
other alien detained pursuant to paragraph (6):
``(A) Establishment of a detention review process for
aliens who fully cooperate with removal.--For an alien who
has made all reasonable efforts to comply with a removal
order and to cooperate fully with the Secretary of Homeland
Security's efforts to establish the alien's identity and
carry out the removal order, including making timely
application in good faith for travel or other documents
necessary to the alien's departure, and has not conspired or
acted to prevent removal, the Secretary of Homeland Security
shall establish an administrative review process to determine
whether an alien will be detained or released on conditions.
The Secretary shall make a determination whether to release
an alien after the removal period in accordance with
paragraph (1)(B). The determination shall include
consideration of any evidence submitted by the alien, and may
include consideration of any other evidence, including any
information or assistance provided by the Department of State
or other Federal agency and any other information available
to the Secretary pertaining to the ability to remove the
alien.
``(B) Additional 90-day period.--The Secretary of Homeland
Security, in the exercise of discretion, without any
limitations other than those specified in this section, may
continue to detain an alien for 90 days beyond the removal
period (including any extension of the removal period as
provided in paragraph (1)(D)).
``(C) Further detention.--The Secretary of Homeland
Security, in the exercise of discretion, without any
limitations other than those specified in this section, may
continue to detain an alien beyond the removal period and the
90-day period authorized by subparagraph (B)--
``(i) until the alien is removed, if the Secretary
determines that there is a significant likelihood that the
alien--
``(I) will be removed in the reasonably foreseeable future;
or
``(II) would be removed in the reasonably foreseeable
future, or would have been removed, but for the failure or
refusal of the alien to make all reasonable efforts to comply
with the removal order, or to cooperate fully with the
efforts of the Secretary to establish the identity of the
alien and to carry out the removal order, including making
timely application in good faith for travel or other
documents necessary to the departure of the alien, or
conspiracies or acts to prevent the alien's removal;
``(ii) until the alien is removed, if the Secretary
certifies in writing--
``(I) in consultation with the Secretary of Health and
Human Services, that the alien has a highly contagious
disease that poses a threat to public safety;
``(II) after receipt of a written recommendation from the
Secretary of State, that release of the alien is likely to
have serious adverse foreign policy consequences for the
United States;
``(III) based on information available to the Secretary of
Homeland Security (including classified, sensitive, or
national security information, and without regard to the
grounds upon which the alien was ordered removed), that there
is reason to believe that the release of the alien would
threaten the national security of the United States; or
``(IV) that the release of the alien will threaten the
safety of the community or any person, conditions of release
cannot reasonably be expected to ensure the safety of the
community or any person, and--
``(aa) the alien has been convicted of one or more
aggravated felonies as defined in section 101(a)(43)(A), one
or more crimes identified by the Secretary of Homeland
Security by regulation, or one or more attempts or
conspiracies to commit any such aggravated felonies or such
identified crimes, provided that the aggregate term of
imprisonment for such attempts or conspiracies is at least 5
years; or
``(bb) the alien has committed one or more crimes of
violence (as defined in section 16 of title 18, United States
Code, but not including a purely political offense) and,
because of a mental condition or personality disorder and
behavior associated with that condition or disorder, the
alien is likely to engage in acts of violence in the future;
or
``(V) that the release of the alien will threaten the
safety of the community or any person, conditions of release
cannot reasonably be expected to ensure the safety of the
community or any person, and the alien has been convicted of
at least one aggravated felony as defined in section
101(a)(43); or
``(iii) pending a certification under clause (ii), if the
Secretary has initiated the administrative review process
under subparagraph (C) not later than 30 days after the
expiration of the alien's removal period (including any
extension of the removal period as provided in paragraph
(1)(D)).
``(D) Renewal and delegation of certification.--
``(i) Renewal.--The Secretary of Homeland Security may
renew a certification under subparagraph (C)(ii) every 180
days without limitation, after providing an opportunity for
the alien to request reconsideration of the certification and
to submit documents or other evidence in support of that
request. If the Secretary does not renew such a
certification, the Secretary may not continue to detain the
alien under subparagraph (C)(ii).
``(ii) Delegation.--Notwithstanding section 103, the
Secretary of Homeland Security may not delegate the authority
to make or renew a certification described in subclause (II),
(III), or (V) of subparagraph (C)(ii) to an official below
the level of the Assistant Secretary for Immigration and
Customs Enforcement.
``(iii) Hearing.--The Secretary of Homeland Security may
request that the Attorney General, or a designee of the
Attorney General, provide for a hearing to make the
determination described in item (bb) of subparagraph
(C)(ii)(IV).
``(E) Release on conditions.--If it is determined that an
alien should be released from detention under this paragraph,
the Secretary of Homeland Security, in the exercise of
discretion, may impose conditions on release as provided in
paragraph (3).
``(F) Redetention.--
``(i) In general.--The Secretary of Homeland Security, in
the exercise of discretion, without any limitations other
than those specified in this section, may again detain any
alien subject to a final removal order who is released from
custody if--
``(I) the alien fails to comply with the conditions of
release;
``(II) the alien fails to continue to satisfy the
conditions described in subparagraph (A); or
``(III) upon reconsideration, the Secretary determines that
the alien may be detained under subparagraph (B) or (C).
``(ii) Applicability of custody provisions.--The provisions
of paragraph (6) and this paragraph shall apply to any alien
returned to custody pursuant to this subparagraph, as if the
removal period terminated on the day of that the alien was so
returned to custody.
``(G) Certain aliens who effected entry.--The Secretary of
Homeland Security in the exercise of discretion may waive the
provisions of subparagraph (A) through (F) and detain an
alien without any limitations, except those which the
Secretary shall adopt by regulation, if--
``(i) the alien has effected an entry;
``(ii) the alien has not been lawfully admitted into the
United States; and
``(iii) the alien has not been physically present in the
United States continuously for the 2-year period immediately
prior to the commencement of removal proceedings under this
Act or deportation proceedings against the alien.
``(9) Judicial review.--Without regard to the place of
confinement, judicial review of any action or decision
pursuant to paragraph (6), (7), or (8) shall be available
exclusively in a habeas corpus proceeding instituted in the
United States District Court for the District of Columbia,
and only if the alien has exhausted all administrative
remedies (statutory and regulatory) available to the alien as
of right.''.
(2) Detention of aliens during removal proceedings.--
(A) In general.--Section 235 of the Immigration and
Nationality Act (8 U.S.C. 1225) is amended by adding at the
end the following new subsections:
``(e) Length of Detention.--
``(1) In general.--An alien may be detained under this
section, without limitation, until the alien is subject to an
administratively final order of removal.
``(2) Effect on detention under section 241.--The length of
detention under this section shall not affect the validity of
any detention under section 241.
``(3) Judicial review.--Without regard to the place of
confinement, judicial review of any action or decision made
pursuant to paragraph (1) or (2) of this subsection shall be
available exclusively in a habeas corpus proceeding
instituted in the United States District Court for the
District of Columbia and only if the alien has exhausted all
administrative remedies (statutory and nonstatutory)
available to the alien as of right.''.
(B) Conforming amendments.--Section 236 of the Immigration
and Nationality Act (8 U.S.C. 1226) is amended--
(i) in subsection (e)--
(I) by striking ``The'' and inserting the following:
``(1) In general.--The''; and
(II) by adding at the end the following new paragraph:
``(2) Limitation on review.--Without regard to the place of
confinement, judicial review of any action or decision made
pursuant to subsection (f) shall be available exclusively in
a habeas corpus proceeding instituted in the United States
District Court for the District of Columbia, and only if the
alien has exhausted all administrative remedies (statutory
and nonstatutory) available to the alien as of right.''; and
(ii) by adding at the end the following new subsection:
``(f) Length of Detention.--
``(1) In general.--With regard to the length of detention,
an alien may be detained under this section, without
limitation, until the alien is subject to an administratively
final order of removal.
``(2) Effect on detention under section 241.--The length of
detention under this section shall not affect the validity of
any detention under section 241.''.
(3) Effective dates.--
(A) Amendments made by paragraph (1).--The amendments made
by paragraph (1) shall take effect on the date of the
enactment of this Act, and section 241 of the Immigration and
Nationality Act, as amended, shall apply to--
(i) all aliens subject to a final administrative removal,
deportation, or exclusion order
[[Page S4525]]
that was issued before, on, or after the date of the
enactment of this Act; and
(ii) acts and conditions occurring or existing before, on,
or after the date of the enactment of this Act.
(B) Amendments made by paragraph (2).--The amendments made
by paragraph (2) shall take effect on the date of the
enactment of this Act, and sections 235 and 236 of the
Immigration and Nationality Act, as amended, shall apply to
any alien in detention under provisions of such sections on
or after the date of the enactment of this Act.
(b) Criminal Detention of Aliens to Protect Public
Safety.--
(1) In general.--Section 3142(e) of title 18, United States
Code, is amended--
(A) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(B) by striking ``If, after a hearing'' and inserting the
following:
``(1) In general.--If, after a hearing'';
(C) by striking ``In a case'' and inserting the following:
``(2) Presumption arising from offenses described in
subsection (f)(1).--In a case'';
(D) by striking ``Subject to rebuttal'' and inserting the
following:
``(3) Presumption arising from other offenses involving
illegal substances, firearms, violence, or minors.--Subject
to rebuttal'';
(E) in subparagraphs (B) and (C) of paragraph (1), as
resdesignated, by striking ``paragraph (1)'' and inserting
``subparagraph (A)''; and
(F) by adding at the end the following new paragraph:
``(4) Presumption arising from offenses relating to
immigration law.--Subject to rebuttal by the person, it shall
be presumed that no condition or combination of conditions
will reasonably assure the appearance of the person as
required if the judicial officer finds that there is probable
cause to believe that the person is an alien and that the
person--
``(A) has no lawful immigration status in the United
States;
``(B) is the subject of a final order of removal; or
``(C) has committed a felony offense under section
842(i)(5), 911, 922(g)(5), 1015, 1028, 1028A, 1425, or 1426
of this title, or any section of chapters 75 and 77 of this
title, or section 243, 274, 275, 276, 277, or 278 of the
Immigration and Nationality Act (8 U.S.C. 1253, 1324, 1325,
1326, 1327, and 1328).''.
(2) Immigration status as factor in determining conditions
of release.--Section 3142(g)(3) of title 18, United States
Code, is amended--
(A) in subparagraph (A), by striking ``; and'' and
inserting a semicolon; and
(B) by adding at the end the following new subparagraph:
``(C) the person's immigration status; and''.
(c) Severability.--If any provision of this section or any
amendment made by this section, or the application of any
such provision or amendment to any person or circumstance, is
held to be invalid for any reason, the remainder of the
provisions of this section and the amendments made by this
section, and the application of such provisions and
amendments to any other person or circumstance shall not be
affected by such holding.
______
SA 850. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 372, to authorize appropriations for fiscal year
2007 for the intelligence and intelligence-related activities of the
United States Government, the Intelligence Community Managment Account,
and the Central Intelligence Agency Retirement and Disability System,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end, add the following:
TITLE VI--DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED
SEC. 601. DETENTION OF DEPORTABLE ALIENS TO PROTECT PUBLIC
SAFETY.
(a) In General.--Section 241(a) of the Immigration and
Nationality Act (8 U.S.C. 1231(a)) is amended--
(1) by striking ``Attorney General'' each place it appears,
except for the first reference in paragraph (4)(B)(i), and
inserting ``Secretary of Homeland Security'';
(2) in paragraph (1)--
(A) by amending clause (ii) of subparagraph (B) to read as
follows:
``(ii) If a court, the Board of Immigration Appeals, or an
immigration judge orders a stay of the removal of the alien,
the date the stay of removal is no longer in effect.'';
(B) by adding at the end of subparagraph (B), the following
flush text:
``If, at the beginning of the removal period, as determined
under this subparagraph, the alien is not in the custody of
the Secretary of Homeland Security (under the authority of
this Act), the Secretary shall take the alien into custody
for removal, and the removal period shall not begin until the
alien is taken into such custody. If the Secretary transfers
custody of the alien during the removal period pursuant to
law to another Federal agency or a State or local government
agency in connection with the official duties of such agency,
the removal period shall be tolled, and shall begin anew on
the date of the alien's return to the custody of the
Secretary subject to clause (ii).''; and
(C) by amending subparagraph (C) to read as follows:
``(C) Suspension of period.--The removal period shall be
extended beyond a period of 90 days and the alien may remain
in detention during such extended period if the alien--
``(i) fails or refuses to make all reasonable efforts to
comply with the removal order, or to fully cooperate with the
efforts of the Secretary to establish the identity of the
alien and carry out the removal order, including making
timely application in good faith for travel or other
documents necessary to the departure of the alien; or
``(ii) conspires or acts to prevent the alien's removal.'';
(3) in paragraph (2)--
(A) by striking ``During'' and inserting the following:
``(A) In general.--During''; and
(B) by adding at the end the following new subparagraph:
``(B) Effect of stay of removal.--If a court, the Board of
Immigration Appeals, or an immigration judge orders a stay of
removal of an alien who is subject to an administratively
final order of removal, the Secretary of Homeland Security in
the exercise of discretion may detain the alien during the
pendency of such stay of removal.'';
(4) in paragraph (3), by amending subparagraph (D) to read
as follows:
``(D) to obey reasonable restrictions on the alien's
conduct or activities or to perform affirmative acts that the
Secretary of Homeland Security prescribes for the alien, in
order to prevent the alien from absconding, for the
protection of the community, or for other purposes related to
the enforcement of the immigration laws.'';
(5) in paragraph (6), by striking ``removal period and, if
released,'' and inserting ``removal period, in the discretion
of the Secretary of Homeland Security, without any
limitations other than those specified in this section, until
the alien is removed. If the alien is released, the alien'';
and
(6) by redesignating paragraph (7) as paragraph (10) and
inserting after paragraph (6) the following new paragraphs:
``(7) Parole.--If an alien detained pursuant to paragraph
(6) is an applicant for admission, the Secretary of Homeland
Security, in the Secretary's discretion, may parole the alien
under section 212(d)(5) and may provide, notwithstanding
section 212(d)(5), that the alien shall not be returned to
custody unless either the alien violates the conditions of
the parole or the removal of the alien becomes reasonably
foreseeable. In no circumstance shall such alien be
considered admitted.
``(8) Additional rules for detention or release of certain
aliens who have made an entry.--The following procedures
apply to an alien who has effected an entry into the United
States and do not apply to any other alien detained pursuant
to paragraph (6):
``(A) Establishment of a detention review process for
aliens who fully cooperate with removal.--For an alien who
has made all reasonable efforts to comply with a removal
order and to cooperate fully with the Secretary of Homeland
Security's efforts to establish the alien's identity and
carry out the removal order, including making timely
application in good faith for travel or other documents
necessary to the alien's departure, and has not conspired or
acted to prevent removal, the Secretary of Homeland Security
shall establish an administrative review process to determine
whether an alien will be detained or released on conditions.
The Secretary shall make a determination whether to release
an alien after the removal period in accordance with
paragraph (1)(B). The determination shall include
consideration of any evidence submitted by the alien, and may
include consideration of any other evidence, including any
information or assistance provided by the Department of State
or other Federal agency and any other information available
to the Secretary pertaining to the ability to remove the
alien.
``(B) Additional 90-day period.--The Secretary of Homeland
Security, in the exercise of discretion, without any
limitations other than those specified in this section, may
continue to detain an alien for 90 days beyond the removal
period (including any extension of the removal period as
provided in paragraph (1)(D)).
``(C) Further detention.--The Secretary of Homeland
Security, in the exercise of discretion, without any
limitations other than those specified in this section, may
continue to detain an alien beyond the removal period and the
90-day period authorized by subparagraph (B)--
``(i) until the alien is removed, if the Secretary
determines that there is a significant likelihood that the
alien--
``(I) will be removed in the reasonably foreseeable future;
or
``(II) would be removed in the reasonably foreseeable
future, or would have been removed, but for the failure or
refusal of the alien to make all reasonable efforts to comply
with the removal order, or to cooperate fully with the
efforts of the Secretary to establish the identity of the
alien and to carry out the removal order, including making
timely application in good faith for travel or other
documents necessary to the departure of the alien, or
conspiracies or acts to prevent the alien's removal;
``(ii) until the alien is removed, if the Secretary
certifies in writing--
[[Page S4526]]
``(I) in consultation with the Secretary of Health and
Human Services, that the alien has a highly contagious
disease that poses a threat to public safety;
``(II) after receipt of a written recommendation from the
Secretary of State, that release of the alien is likely to
have serious adverse foreign policy consequences for the
United States;
``(III) based on information available to the Secretary of
Homeland Security (including classified, sensitive, or
national security information, and without regard to the
grounds upon which the alien was ordered removed), that there
is reason to believe that the release of the alien would
threaten the national security of the United States; or
``(IV) that the release of the alien will threaten the
safety of the community or any person, conditions of release
cannot reasonably be expected to ensure the safety of the
community or any person, and--
``(aa) the alien has been convicted of one or more
aggravated felonies as defined in section 101(a)(43)(A), one
or more crimes identified by the Secretary of Homeland
Security by regulation, or one or more attempts or
conspiracies to commit any such aggravated felonies or such
identified crimes, provided that the aggregate term of
imprisonment for such attempts or conspiracies is at least 5
years; or
``(bb) the alien has committed one or more crimes of
violence (as defined in section 16 of title 18, United States
Code, but not including a purely political offense) and,
because of a mental condition or personality disorder and
behavior associated with that condition or disorder, the
alien is likely to engage in acts of violence in the future;
or
``(V) that the release of the alien will threaten the
safety of the community or any person, conditions of release
cannot reasonably be expected to ensure the safety of the
community or any person, and the alien has been convicted of
at least one aggravated felony as defined in section
101(a)(43); or
``(iii) pending a certification under clause (ii), if the
Secretary has initiated the administrative review process
under subparagraph (C) not later than 30 days after the
expiration of the alien's removal period (including any
extension of the removal period as provided in paragraph
(1)(D)).
``(D) Renewal and delegation of certification.--
``(i) Renewal.--The Secretary of Homeland Security may
renew a certification under subparagraph (C)(ii) every 180
days without limitation, after providing an opportunity for
the alien to request reconsideration of the certification and
to submit documents or other evidence in support of that
request. If the Secretary does not renew such a
certification, the Secretary may not continue to detain the
alien under subparagraph (C)(ii).
``(ii) Delegation.--Notwithstanding section 103, the
Secretary of Homeland Security may not delegate the authority
to make or renew a certification described in subclause (II),
(III), or (V) of subparagraph (C)(ii) to an official below
the level of the Assistant Secretary for Immigration and
Customs Enforcement.
``(iii) Hearing.--The Secretary of Homeland Security may
request that the Attorney General, or a designee of the
Attorney General, provide for a hearing to make the
determination described in item (bb) of subparagraph
(C)(ii)(IV).
``(E) Release on conditions.--If it is determined that an
alien should be released from detention under this paragraph,
the Secretary of Homeland Security, in the exercise of
discretion, may impose conditions on release as provided in
paragraph (3).
``(F) Redetention.--
``(i) In general.--The Secretary of Homeland Security, in
the exercise of discretion, without any limitations other
than those specified in this section, may again detain any
alien subject to a final removal order who is released from
custody if--
``(I) the alien fails to comply with the conditions of
release;
``(II) the alien fails to continue to satisfy the
conditions described in subparagraph (A); or
``(III) upon reconsideration, the Secretary determines that
the alien may be detained under subparagraph (B) or (C).
``(ii) Applicability of custody provisions.--The provisions
of paragraph (6) and this paragraph shall apply to any alien
returned to custody pursuant to this subparagraph, as if the
removal period terminated on the day of that the alien was so
returned to custody.
``(G) Certain aliens who effected entry.--The Secretary of
Homeland Security in the exercise of discretion may waive the
provisions of subparagraph (A) through (F) and detain an
alien without any limitations, except those which the
Secretary shall adopt by regulation, if--
``(i) the alien has effected an entry;
``(ii) the alien has not been lawfully admitted into the
United States; and
``(iii) the alien has not been physically present in the
United States continuously for the 2-year period immediately
prior to the commencement of removal proceedings under this
Act or deportation proceedings against the alien.
``(9) Judicial review.--Without regard to the place of
confinement, judicial review of any action or decision
pursuant to paragraph (6), (7), or (8) shall be available
exclusively in a habeas corpus proceeding instituted in the
United States District Court for the District of Columbia,
and only if the alien has exhausted all administrative
remedies (statutory and regulatory) available to the alien as
of right.''.
(b) Detention of Aliens During Removal Proceedings.--
(1) In general.--Section 235 of the Immigration and
Nationality Act (8 U.S.C. 1225) is amended by adding at the
end the following new subsections:
``(e) Length of Detention.--
``(1) In general.--An alien may be detained under this
section, without limitation, until the alien is subject to an
administratively final order of removal.
``(2) Effect on detention under section 241.--The length of
detention under this section shall not affect the validity of
any detention under section 241.
``(3) Judicial review.--Without regard to the place of
confinement, judicial review of any action or decision made
pursuant to paragraph (1) or (2) of this subsection shall be
available exclusively in a habeas corpus proceeding
instituted in the United States District Court for the
District of Columbia and only if the alien has exhausted all
administrative remedies (statutory and nonstatutory)
available to the alien as of right.''.
(2) Conforming amendments.--Section 236 of the Immigration
and Nationality Act (8 U.S.C. 1226) is amended--
(A) in subsection (e)--
(i) by striking ``The'' and inserting the following:
``(1) In general.--The''; and
(ii) by adding at the end the following new paragraph:
``(2) Limitation on review.--Without regard to the place of
confinement, judicial review of any action or decision made
pursuant to subsection (f) shall be available exclusively in
a habeas corpus proceeding instituted in the United States
District Court for the District of Columbia, and only if the
alien has exhausted all administrative remedies (statutory
and nonstatutory) available to the alien as of right.''; and
(B) by adding at the end the following new subsection:
``(f) Length of Detention.--
``(1) In general.--With regard to the length of detention,
an alien may be detained under this section, without
limitation, until the alien is subject to an administratively
final order of removal.
``(2) Effect on detention under section 241.--The length of
detention under this section shall not affect the validity of
any detention under section 241.''.
(c) Effective Dates.--
(1) Amendments made by subsection (a).--The amendments made
by subsection (a) shall take effect on the date of the
enactment of this Act, and section 241 of the Immigration and
Nationality Act, as amended, shall apply to--
(A) all aliens subject to a final administrative removal,
deportation, or exclusion order that was issued before, on,
or after the date of the enactment of this Act; and
(B) acts and conditions occurring or existing before, on,
or after the date of the enactment of this Act.
(2) Amendments made by subsection (b).--The amendments made
by subsection (b) shall take effect on the date of the
enactment of this Act, and sections 235 and 236 of the
Immigration and Nationality Act, as amended, shall apply to
any alien in detention under provisions of such sections on
or after the date of the enactment of this Act.
SEC. 602. CRIMINAL DETENTION OF ALIENS TO PROTECT PUBLIC
SAFETY.
(a) In General.--Section 3142(e) of title 18, United States
Code, is amended--
(1) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(2) by striking ``If, after a hearing'' and inserting the
following:
``(1) In general.--If, after a hearing'';
(3) by striking ``In a case'' and inserting the following:
``(2) Presumption arising from offenses described in
subsection (f)(1).--In a case'';
(4) by striking ``Subject to rebuttal'' and inserting the
following:
``(3) Presumption arising from other offenses involving
illegal substances, firearms, violence, or minors.--Subject
to rebuttal'';
(5) in subparagraphs (B) and (C) of paragraph (1), as
resdesignated, by striking ``paragraph (1)'' and inserting
``subparagraph (A)''; and
(6) by adding at the end the following new paragraph:
``(4) Presumption arising from offenses relating to
immigration law.--Subject to rebuttal by the person, it shall
be presumed that no condition or combination of conditions
will reasonably assure the appearance of the person as
required if the judicial officer finds that there is probable
cause to believe that the person is an alien and that the
person--
``(A) has no lawful immigration status in the United
States;
``(B) is the subject of a final order of removal; or
``(C) has committed a felony offense under section
842(i)(5), 911, 922(g)(5), 1015, 1028, 1028A, 1425, or 1426
of this title, or any section of chapters 75 and 77 of this
title, or section 243, 274, 275, 276, 277, or 278 of the
Immigration and Nationality Act (8 U.S.C. 1253, 1324, 1325,
1326, 1327, and 1328).''.
(b) Immigration Status as Factor in Determining Conditions
of Release.--Section 3142(g)(3) of title 18, United States
Code, is amended--
[[Page S4527]]
(1) in subparagraph (A), by striking ``; and'' and
inserting a semicolon; and
(2) by adding at the end the following new subparagraph:
``(C) the person's immigration status; and''.
SEC. 603. SEVERABILITY.
If any provision of this title or any amendment made by
this title, or the application of any such provision or
amendment to any person or circumstance, is held to be
invalid for any reason, the remainder of the provisions of
this title and the amendments made by this title, and the
application of such provisions and amendments to any other
person or circumstance shall not be affected by such holding.
______
SA 851. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 372, 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; which was ordered to lie on the table;
as follows:
At the end, add the following:
SEC. __. JUDICIAL REVIEW OF VISA REVOCATION.
(a) In General.--Section 221(i) of the Immigration and
Nationality Act (8 U.S.C. 1201(i)) is amended by striking
``There shall be no means of judicial review'' and all that
follows and inserting the following: ``Notwithstanding any
other provision of law, including section 2241 of title 28,
United States Code, or any other habeas corpus provision, and
sections 1361 and 1651 of such title, a revocation under this
subsection may not be reviewed by any court, and no court
shall have jurisdiction to hear any claim arising from, or
any challenge to, such a revocation.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of enactment of this Act and
shall apply to visas issued before, on, or after such date
______
SA 852. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 372, 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; which was ordered to lie on the table;
as follows:
At the end, add the following:
SEC. __. APPROPRIATE REMEDIES FOR IMMIGRATION LITIGATION.
(a) Limitation on Class Actions.--No court may certify a
class under rule 23 of the Federal Rules of Civil Procedure
in any civil action that--
(1) is filed after the date of the enactment of this Act;
and
(2) pertains to the administration or enforcement of the
immigration laws of the United States.
(b) Prospective Relief Against the Government.--
(1) In general.--If a Federal court determines that a
plaintiff should be awarded prospective relief to remedy a
violation of the Government in a civil action pertaining to
the administration or enforcement of the immigration laws of
the United States, the court shall--
(A) limit the relief to the minimum necessary to correct
the violation of law;
(B) design the relief as the least intrusive means to
correct the violation;
(C) design the relief in a manner to minimize, to the
greatest extent practicable, the adverse impact of such
relief on the national security, border security, ability to
administer and enforce the immigration laws, and public
safety of the United States; and
(D) provide for the expiration of the relief on a specific
date, which may not be later than the earliest date
practicable for the Government to remedy the violation.
(2) Written explanation.--A court granting prospective
relief for a violation described in paragraph (1) shall issue
a written order granting the relief and include in the order
a discussion of the manner in which the relief is designed to
meet the requirements of subparagraphs (A) through (D) of
paragraph (1) and shall be sufficiently detailed to allow
review by another court.
(3) Expiration of preliminary injunctive relief.--
Preliminary injunctive relief ordered by a court in a case
related to the immigration laws of the United States shall
automatically expire on the date that is 90 days after the
date on which such relief is entered, unless the court finds
that such relief meets the requirements described in
subparagraphs (A) through (D) of paragraph (1) for the entry
of permanent prospective relief and orders the preliminary
relief to become a final order granting prospective relief
prior to the expiration of the 90-day period.
(c) Procedure for Motion Affecting Order Granting
Prospective Relief Against the Government.--
(1) In general.--A court shall promptly rule on a motion
made by the Government to vacate, modify, dissolve, or
otherwise terminate an order granting prospective relief in
any civil action pertaining to the administration or
enforcement of the immigration laws of the United States.
(2) Automatic stays.--
(A) In general.--A motion to vacate, modify, dissolve, or
otherwise terminate an order granting prospective relief made
by the Government in any civil action pertaining to the
administration or enforcement of the immigration laws of the
United States shall automatically, and without further order
of the court, stay the order granting prospective relief on
the date that is 15 days after the date on which such motion
is filed unless the court previously has granted or denied
the Government's motion.
(B) Duration of automatic stay.--An automatic stay under
subparagraph (A) shall continue until the date on which the
court enters an order granting or denying the Government's
motion.
(C) Postponement.--The court may, for good cause, postpone
an automatic stay under subparagraph (A) for not longer than
15 days.
(D) Pending motions.--
(i) Motions pending for 45 days or less.--A motion to
vacate, modify, dissolve, or otherwise terminate an order
granting prospective relief in any civil action pertaining to
the administration or enforcement of the immigration laws of
the United States that has been pending for not more than 45
days on the date of the enactment of this Act shall be
treated as if the motion had been filed on the date of the
enactment of this Act for purposes of this subsection.
(ii) Motions pending for more than 45 days.--
(I) In general.--A motion to vacate, modify, dissolve, or
otherwise terminate an order granting prospective relief in
any civil action pertaining to the administration or
enforcement of the immigration laws of the United States that
has been pending for more than 45 days on the date of the
enactment of this Act, and remains pending 10 days after the
date of the enactment of this Act, shall result in an
automatic stay, without further order of the court, of the
prospective relief that is the subject of the motion.
(II) Duration of automatic stay.--An automatic stay under
subclause (I) shall continue until the court enters an order
granting or denying the Government's motion.
(III) Postponement.--An automatic stay under this clause
may not be postponed under subparagraph (C).
(E) Automatic stays during remands from higher courts.--If
a United States court of appeals orders a decision on a
motion to vacate, modify, dissolve, or otherwise terminate an
order granting prospective relief in any civil action
pertaining to the administration or enforcement of the
immigration laws of the United States to be remanded to a
district court, the order granting prospective relief which
is the subject of the motion shall be automatically stayed
until the district court enters an order granting or denying
the motion.
(F) Orders blocking automatic stays.--An order staying,
suspending, delaying, or otherwise barring the effective date
of an automatic stay, other than an order to postpone the
effective date of the automatic stay for not longer than 15
days under subparagraph (C), shall be treated as an order
refusing to vacate, modify, dissolve, or otherwise terminate
an injunction and immediately shall be appealable pursuant to
section 1292(a)(1) of title 28, United States Code.
(3) Requirements for order denying motion.--Subsection (b)
shall apply to any order denying a motion made by the
Government to vacate, modify, dissolve, or otherwise
terminate an order granting prospective relief in any civil
action pertaining to the administration or enforcement of the
immigration laws of the United States.
(d) Additional Rules Concerning Prospective Relief
Affecting Expedited Removal.--
(1) Jurisdiction over orders interfering with the
inspection of aliens arriving in the united states.--
Notwithstanding any other provision of law (statutory or
nonstatutory), including section 2241 of title 28, United
States Code, or any other habeas corpus provision and
sections 1361 and 1651 of such title, no court shall have
jurisdiction to grant or continue an order or part of an
order granting prospective relief if the order or part of the
order interferes with, affects, or impacts any determination
pursuant to, or implementation of, section 235(b)(1) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)(1)), except
as expressly provided in section 242(e) of such Act (8 U.S.C.
1252(e)).
(2) Determination of jurisdiction.--If the Government files
a motion to vacate, modify, dissolve, or otherwise terminate
an order granting prospective relief in a civil action
pertaining to the administration or enforcement of the
immigration laws of the United States, the court shall
promptly determine whether the court continues to have
jurisdiction and shall promptly vacate any order or part of
an order granting prospective relief that is not within the
jurisdiction of the court.
(3) Applicability.--Paragraphs (1) and (2) shall not apply
to an order granting prospective relief that was entered
before the date of the enactment of this Act if the
prospective relief granted by such order was necessary to
remedy the violation of a right guaranteed by the
Constitution of the United States.
(e) Settlements.--
(1) Consent decrees.--In any civil action pertaining to the
administration or enforcement of the immigration laws of the
United
[[Page S4528]]
States, the court shall not enter, approve, or continue a
consent decree unless it complies with the requirements of
subsection (b).
(2) Private settlement agreements.--Nothing in this section
shall preclude parties from entering into a private
settlement agreement that does not comply with the
requirements of subsection (b).
(f) Definitions.--In this section:
(1) Consent decree.--The term ``consent decree'' means any
relief entered by the court that is based in whole or in part
on the consent or acquiescence of the parties, but does not
include private settlement agreements.
(2) Good cause.--The term ``good cause'' does not include
discovery or congestion of the court's calendar.
(3) Government.--The term ``Government'' means the United
States, any Federal department or agency, or any Federal
agent or official acting within the scope of official duties.
(4) Permanent relief.--The term ``permanent relief'' means
relief issued in connection with a final decision of a court.
(5) Private settlement agreement.--The term ``private
settlement agreement'' means an agreement entered into by the
parties that is not subject to judicial enforcement other
than the reinstatement of the civil action of the claim
resolved by such agreement.
(6) Prospective relief.--The term ``prospective relief''
means temporary, preliminary, or permanent relief other than
compensatory monetary damages.
(g) Expedited Proceedings.--It shall be the duty of every
court to advance on the docket and to expedite the
disposition of any civil action or motion subject to the
provisions of this section.
(h) Effective Date.--This section shall apply with respect
to all orders granting prospective relief in any civil action
pertaining to the administration or enforcement of the
immigration laws of the United States, whether such relief
was ordered before, on, or after the date of the enactment of
this Act.
(i) Severability.--If any provision of this section or the
application of such provision to any person or circumstance
is found to be unconstitutional, the remainder of this
section and the application of the provisions of this section
to any person or circumstance shall not be affected by such
finding.
______
SA 853. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 372, 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; which was ordered to lie on the table;
as follows:
At the end of title V, add the following:
SEC. __. SENSE OF THE SENATE REGARDING LEADERS OF CONGRESS
ENGAGING IN DIPLOMACY WITH STATE SPONSORS OF
TERRORISM.
(a) Findings.--Congress makes the following findings:
(1) The Secretary of State has designated certain countries
that have repeatedly provided support for international acts
of terrorism as state sponsors of terrorism.
(2) State sponsors of terrorism provide critical support to
non-state terrorist groups.
(3) Without state sponsors, terrorist groups would have
much more difficulty obtaining the funds, weapons, materials,
and secure areas they require to plan and conduct operations.
(4) United States policy seeks to pressure and isolate
state sponsors of terrorism so they will renounce the use of
terrorism, end support to terrorists, and bring terrorists to
justice for past crimes.
(5) Syria remains a designated state sponsor of terrorism,
having first been designated as such on December 29, 1979.
(6) Iran remains a designated state sponsor of terrorism,
having first been designated as such on January 19, 1984.
(7) The Secretary of State determined in 2006 that Syria
and Iran continue to ``routinely provide unique safe haven,
substantial resources and guidance to terrorist
organizations''.
(8) Senators themselves have historically recognized the
constitutional principle that the foreign affairs power
resides exclusively in the Executive Branch. For example,
Senator J. William Fulbright, former Chairman of the
Committee on Foreign Relations of the Senate explained in a
speech at Cornell Law School in 1959, ``[t]he pre-eminent
responsibility of the President for the formulation and
conduct of American foreign policy is clear and unalterable.
. . . He possesses sole authority to communicate and
negotiate with foreign powers.'' (published as J. William
Fulbright, ``American Foreign Policy in the 20th-Century
Under an 18th-Century Constitution'', 47 Cornell Law
Quarterly 1, 3 (1961)).
(9) The Supreme Court similarly recognized the ``very
delicate, plenary and exclusive power of the President as the
sole organ of the Federal Government in the field of
international relations'' in the United States versus
Curtiss-Wright Export Corporation (299 U.S. 304, 319 (1936)).
(b) Sense of the Senate.--It is the sense of the Senate
that leaders of Congress should not engage in diplomacy with
state sponsors of terrorism over the expressed objections of
officials of the Executive Branch, as the Executive Branch
has the exclusively responsibility for foreign affairs
matters under the Constitution.
______
SA 854. Mr. ENSIGN submitted an amendment intended to be proposed by
him to the bill S. 372, 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; which was ordered to lie on the table;
as follows:
At the end, add the following:
SEC. __. PENALTIES FOR VIOLATIONS OF THE INTERNATIONAL
EMERGENCY ECONOMIC POWERS ACT.
Section 206 of the International Emergency Economic Powers
Act (50 U.S.C. 1705) is amended to read as follows:
``PENALTIES
``Sec. 206. (a) It shall be unlawful for--
``(1) a person to violate, or conspire to or attempt to
violate, any license, order, regulation, or prohibition
issued under this title;
``(2) a person subject to the jurisdiction of the United
States to take any action to evade or avoid, or attempt to
evade or avoid, a license, order, regulation, or prohibition
issued under this title; or
``(3) a person subject to the jurisdiction of the United
States to approve, facilitate, or provide financing for any
action, regardless of who initiates or completes the action,
if it would be unlawful for such person to initiate or
complete the action.
``(b) A civil penalty not to exceed $250,000 may be imposed
on any person who commits an unlawful act described in
subsection (a).
``(c) A person who willfully commits, or willfully attempts
to commit, an unlawful act described in subsection (a),
shall, upon conviction for such unlawful act--
``(1) if a corporation, be fined not more than $500,000;
``(2) if a natural person, be fined not more than $500,000,
or imprisoned not more than 10 years, or both; or
``(3) if an officer, director, or agent of a corporation
who knowingly participates, or attempts to participate, in
such unlawful act, be fined not more than $500,000, or
imprisoned not more than 10 years, or both.''.
______
SA 855. Mr. ENSIGN submitted an amendment intended to be proposed by
him to the bill S. 372, 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; which was ordered to lie on the table;
as follows:
At the appropriate place, insert the following:
SEC. _. PROHIBITION OF WAR CRIMES PROSECUTION.
(a) Short Title.--This section may be cited as the
``Prohibition of Foreign War Crimes Prosecutions of Americans
Act of 2007''.
(b) In General.--Chapter 118 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 2442. International criminal court
``(a) Offense.--Except as provided under subsection (b), it
shall be unlawful for any person, acting under the authority
of the International Criminal Court, another international
organization, or a foreign government, to knowingly indict,
apprehend, detain, prosecute, convict, or participate in the
imposition or carrying out of any sentence or other penalty
on, any American in connection with any proceeding by or
before the International Criminal Court, another
international organization, or a foreign government in which
that American is accused of a war crime.
``(b) Exception.--Subsection (a) shall not apply in
connection with a criminal proceeding instituted by the
government of a foreign country within the courts of such
country with respect to a war crime allegedly committed--
``(1) on territory subject to the sovereign jurisdiction of
such government; or
``(2) against persons who were nationals of such country at
the time that the war crime is alleged to have been
committed.
``(c) Criminal Penalty.--
``(1) In general.--Any person who violates subsection (a)
shall be fined not more than $5,000,000, imprisoned under
paragraph (2), or both.
``(2) Prison sentence.--The maximum term of imprisonment
for an offense under this section is the greater of--
``(A) 5 years; or
``(B) the maximum term that could be imposed on the
American in the criminal proceeding described in subsection
(a) with respect to which the violation took place.
``(d) Extraterritorial Jurisdiction.--There is
extraterritorial jurisdiction over an offense under this
section.
``(e) Civil Remedy.--Any person who is aggrieved by a
violation described in subsection (a) may, in a civil action,
obtain appropriate relief, including--
[[Page S4529]]
``(1) punitive damages; and
``(2) a reasonable attorney's fee as part of the costs.
``(f) Definitions.--In this section--
``(1) the term `American' means any citizen or national of
the United States, or any other person employed by or working
under the direction of the United States Government;
``(2) the term `indict' includes--
``(A) the formal submission of an order or request for the
prosecution or arrest of a person; and
``(B) the issuance of a warrant or other order for the
arrest of a person,
by an official of the International Criminal Court, another
international organization, or a foreign government;
``(3) the term `International Criminal Court' means the
court established by the Rome Statute of the International
Criminal Court adopted by the United Nations Diplomatic
Conference of Plenipotentiaries on the Establishment of and
International Criminal Court on July 17, 1998; and
``(4) the term `war crime' means any offense that is within
the jurisdiction of the International Criminal Court at the
time the offense is committed.''.
(c) Clerical Amendment.--The table of sections in chapter
118 of title 18, United States Code, is amended by adding at
the end the following:
``2442. International criminal court.''.
______
SA 856. Mr. BOND submitted an amendment intended to be proposed by
him to the bill S. 372, 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; which was ordered to lie on the table;
as follows:
Beginning on page 11, strike line 18 and all that follows
through page 12, line 20.
______
SA 857. Mr. BOND submitted an amendment intended to be proposed by
him to the bill S. 372, 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; which was ordered to lie on the table;
as follows:
Strike section 108 and insert the following:
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.--(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, not later than 30 days
after receiving a request pursuant to this section for any
intelligence assessment, report, estimate, legal
justification, or other intelligence information from the
Select Committee on Intelligence of the Senate or the
Permanent Select Committee on Intelligence of the House of
Representatives, make available to such committee such
assessment, report, estimate, legal justification, or other
information, as the case may be.
``(2) A committee making a request under paragraph (1) may
specify a greater number of days for submittal to such
committee of information in response to such request than is
otherwise provided under that paragraph.
``(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) Response to Request.--In the event that a response to
a request covered by subsection (a) or (b) is not provided
within the specified time period, 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
submit a written explanation as to why the document or
information covered by such request could not be provided in
the specified time period and shall provide a reasonable date
certain for when such document or information will be
provided.''.
(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.''.
______
SA 858. Mr. BOND submitted an amendment intended to be proposed by
him to the bill S. 372, 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; which was ordered to lie on the table;
as follows:
Strike section 304 and insert the following:
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 so provided, the Director shall, in a
timely fashion, notify such committees of the determination
not to provide such information in full or to all members of
such committees. Such notice shall be submitted in writing in
a classified form, include a statement of the reasons for
such determination and a description that provides the main
features of the intelligence activities covered by such
determination, and contain no restriction on access to this
notice by all members of the committee.
``(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) in full or to all the members of the
congressional intelligence committees, and requests that such
information
[[Page S4530]]
not be so provided, the Director shall, in a timely fashion,
notify such committees of the determination not to provide
such information in full or to all members of such
committees. Such notice shall be submitted in writing in a
classified form, include a statement of the reasons for such
determination and a description that provides the main
features of the covert action covered by such determination,
and contain no restriction on access to this notice by all
members of the committee.''.
(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.
______
SA 859. Mr. BOND submitted an amendment intended to be proposed by
him to the bill S. 372, 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; which was ordered to lie on the table;
as follows:
Strike section 310.
______
SA 860. Mr. BOND submitted an amendment intended to be proposed by
him to the bill S. 372, 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; which was ordered to lie on the table;
as follows:
Beginning on page 42, strike line 5 and all that follows
through page 43, line 14, and insert the following:
(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 report on any clandestine prison or
detention facility currently or formerly operated by the
United States Government for individuals captured in the
global war on terrorism.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The date each prison or facility became operational,
and if applicable, the date on which each prison or facility
ceased its operations.
(B) The total number of prisoners or detainees held at each
prison or facility during its operation.
(C) The current number of prisoners or detainees held at
each operational prison or facility.
(D) The total and average annual costs of each prison or
facility during its operation.
(E) A description of the interrogation procedures used or
formerly used on detainees at each prison or facility,
including whether a determination has been made that such
procedures are or were in compliance with the United States
obligations under the Geneva Conventions and the Convention
Against Torture.
______
SA 861. Mr. BOND (for himself and Mr. Rockefeller) submitted an
amendment intended to be proposed by him to the bill S. 372, 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; which
was ordered to lie on the table; as follows:
Beginning on page 109, strike line 24 and all that follows
through page 110, line 6, and insert the following:
``(2)(A) As directed by the Director of National
Intelligence, the National Geospatial-Intelligence Agency
shall also develop a system to facilitate the analysis,
dissemination, and incorporation of likenesses, videos, 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 into the National System for
Geospatial-Intelligence.
______
SA 862. Mr. BOND (for himself and Mr. Rockefeller) submitted an
amendment intended to be proposed by him to the bill S. 372, 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; which
was ordered to lie on the table; as follows:
Strike section 410 and insert the following:
SEC. 410. NATIONAL SPACE INTELLIGENCE OFFICE.
(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 OFFICE
``Sec. 119C. (a) Establishment.--There is established
within the Office of the Director of National Intelligence a
National Space Intelligence Office.
``(b) Director of National Space Intelligence Office.--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 Office.
``(c) Missions.--The National Space Intelligence Office
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 Office has access to all national intelligence
information (as appropriate), and such other information (as
appropriate and practical), necessary for the Office to carry
out the missions of the Office 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 Office.''.
(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 Office.''.
(b) Report on Organization of Office.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Director of the
National Space Intelligence Office 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 Office 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 Office.
(B) An identification of key participants in the Office.
(C) A strategic plan for the Office during the five-year
period beginning on the date of the report.
______
SA 863. Mr. BOND (for himself and Mr. Rockefeller) submitted an
amendment intended to be proposed by him to the bill S. 372, 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; which
was ordered to lie on the table; as follows:
Strike section 421 and insert the following:
SEC. 421. DIRECTOR AND DEPUTY DIRECTOR OF THE CENTRAL
INTELLIGENCE AGENCY.
(a) Establishment of Position of Deputy 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--
(1) by redesignating subsections (b), (c), (d), (e), (f),
and (g) as subsections (d), (e), (f), (g), (h), and (i)
respectively; and
(2) by inserting after subsection (a) the following new
subsections (b) and (c):
``(b) Deputy Director of Central Intelligence Agency.--(1)
There is a Deputy Director of the Central Intelligence Agency
who shall be appointed 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) Military Status of Director of the Central
Intelligence Agency and Deputy
[[Page S4531]]
Director of Central Intelligence Agency.--(1) Not more than
one of the individuals serving in the positions specified in
subsection (a) and (b) may be a commissioned officer of the
Armed Forces in active status.
``(2) A commissioned officer of the Armed Forces who is
serving as the Director or Deputy Director of the Central
Intelligence Agency or is engaged in administrative
performance of the duties of Director or Deputy Director of
the Central Intelligence Agency shall not, while continuing
in such service, or in the administrative performance of such
duties--
``(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.
``(3) Except as provided in subparagraph (A) or (B) of
paragraph (2), 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.
``(4) A commissioned officer described in paragraph (2),
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.''.
(b) Conforming Amendment.--Paragraph (2) of subsection (e)
of such section, as redesignated by subsection (a)(1) of this
section, is further amended by striking ``subsection (d)''
and inserting ``subsection (f)''.
(c) 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.''.
(d) Role of DNI in Appointment.--Section 106(b)(2) of the
National Security Act of 1947 (50 U.S.C. 403-6(b)(2)) is
amended by adding at the end the fallowing new subparagraph:
``(J) The Deputy Director of the Central Intelligence
Agency.''.
(e) Effective Date and Applicability.--The amendments made
by this section shall take effect on the date of the
enactment of this Act and shall apply upon the earlier of--
(1) the date of the nomination by the President of an
individual to serve as Deputy Director of the Central
Intelligence Agency, except that the individual
administratively performing the duties of the Deputy Director
of the Central Intelligence Agency as of the date of the
enactment of this Act may continue to perform such duties
after such date of nomination and until the individual
appointed to the position of Deputy Director of the Central
Intelligence Agency, by and with the advice and consent of
the Senate, assumes the duties of such position; or
(2) the date of the cessation of the performance of the
duties of Deputy Director of the Central Intelligence Agency
by the individual administratively performing such duties as
of the date of the enactment of this Act.
______
SA 864. Mr. KYL submitted an amendment intended to be proposed by him
to the bill S. 372, 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; which was ordered to lie on the table; as follows:
Section 308 of the bill is amended to read as follows:
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 ``or imprisoned'' and all that follows and inserting
the following: ``and imprisoned for not less than 3 years nor
more than 20 years.''.
(b) Disclosure of Agent After Access to Classified
Information.--Subsection (b) of such section is amended by
striking ``or imprisoned'' and all that follows and inserting
the following: ``and imprisoned for not less than 2 years nor
more than 15 years.''.
______
SA 865. Mr. KYL submitted an amendment intended to be proposed by him
to the bill S. 372, 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; which was ordered to lie on the table; as follows:
On page 40, between lines 7 and 8, insert the following:
(3) The information described in paragraphs (1) and (2) may
be included in such report only if the Director of National
Intelligence determines that publication of such information
would not endanger national security.
______
SA 866. Mr. KYL submitted an amendment intended to be proposed by him
to the bill S. 372, 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; which was ordered to lie on the table; as follows:
At the end, add the following:
SEC. ___. UNLAWFUL DISCLOSURE OF CLASSIFIED REPORTS BY
ENTRUSTED PERSONS.
(a) In General.--It shall be unlawful for any person who is
an employee or member of the Senate or House of
Representatives, or who is entrusted with or has lawful
possession of, access to, or control over any classified
information contained in a report submitted to Congress under
this Act, the USA PATRIOT Improvement and Reauthorization Act
of 2005 (Public Law 109-177; 120 Stat. 192), the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-
458; 118 Stat. 3638), or an amendment made by any such Act
to--
(1) knowingly and willfully communicate, furnish, transmit,
or otherwise makes available such information to an
unauthorized person;
(2) publish such information; or
(3) use such information in any manner prejudicial to the
safety or interest of the United States or for the benefit of
any foreign government to the detriment of the United States.
(b) Penalty.--Any person who violates subsection (a) shall
be fined under title 18, United States Code, imprisoned not
more than 10 years, or both.
(c) Information to Congress.--Nothing in this section shall
prohibit the furnishing, upon lawful demand, of information
to any regularly constituted committee of the Senate or House
of Representatives, or joint committee thereof.
(d) Definitions.--As used in this section--
(1) the term ``classified information'' means information
which, at the time of a violation of this section, is
determined to be Confidential, Secret, or Top Secret pursuant
to Executive Order 12958, or any successor thereto; and
(2) the term ``unauthorized person'' means any person who
does not have authority or permission to have access to the
classified information under the provisions of a statute,
Executive Order, regulation, or directive of the head of any
department or agency who is empowered to classify
information.
______
SA 867. Mr. KYL submitted an amendment intended to be proposed by him
to the bill S. 372, 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; which was ordered to lie on the table; as follows:
At the end, add the following:
SEC. ___. IMPROVEMENTS TO THE CLASSIFIED INFORMATION
PROCEDURES ACT.
(a) Short Title.--This section may be cited as the
``Classified Information Procedures Reform Act of 2007''.
(b) Interlocutory Appeals Under the Classified Information
Procedures Act.--Section 7(a) of the Classified Information
Procedures Act (18 U.S.C. App.) is amended by adding at the
end ``The Government's right to appeal under this section
applies without regard to whether the order appealed from was
entered under this Act.''.
(c) Ex Parte Authorizations Under the Classified
Information Procedures Act.--Section 4 of the Classified
Information Procedures Act (18 U.S.C. App.) is amended--
(1) in the second sentence--
(A) by striking ``may'' and inserting ``shall''; and
(B) by striking ``written statement to be inspected'' and
inserting ``statement to be made ex parte and to be
considered''; and
(2) in the third sentence--
(A) by striking ``If the court enters an order granting
relief following such an ex parte showing, the'' and
inserting ``The''; and
(B) by inserting ``and any summary of the classified
information the defendant seeks to obtain'' after ``text of
the statement of the United States''.
(d) Application of Classified Information Procedures Act to
Nondocumentary Information.--Section 4 of the Classified
Information Procedures Act (18 U.S.C. App.) is amended--
(1) in the section heading, by inserting ``, and access
to,'' after ``of'';
(2) by inserting ``(a) Discovery of Classified Information
From Documents.--'' before the first sentence; and
[[Page S4532]]
(3) by adding at the end the following:
``(b) Access to Other Classified Information.--
``(1) If the defendant seeks access through deposition
under the Federal Rules of Criminal Procedure or otherwise to
nondocumentary information from a potential witness or other
person which he knows or reasonably believes is classified,
he shall notify the attorney for the United States and the
district court in writing. Such notice shall specify with
particularity the classified information sought by the
defendant and the legal basis for such access. At a time set
by the court, the United States may oppose access to the
classified information.
``(2) If, after consideration of any objection raised by
the United States, including any objection asserted on the
basis of privilege, the court determines that the defendant
is legally entitled to have access to the information
specified in the notice required by paragraph (1), the United
States may request the substitution of a summary of the
classified information or the substitution of a statement
admitting relevant facts that the classified information
would tend to prove.
``(3) The court shall permit the United States to make its
objection to access or its request for such substitution in
the form of a statement to be made ex parte and to be
considered by the court alone. The entire text of the
statement of the United States, as well as any summary of the
classified information the defendant seeks to obtain, shall
be sealed and preserved in the records of the court and made
available to the appellate court in the event of an appeal.
``(4) The court shall grant the request of the United
States to substitute a summary of the classified information
or to substitute a statement admitting relevant facts that
the classified information would tend to prove if it finds
that the summary or statement will provide the defendant with
substantially the same ability to make his defense as would
disclosure of the specific classified information.
``(5) A defendant may not obtain access to classified
information subject to this subsection except as provided in
this subsection. Any proceeding, whether by deposition under
the Federal Rules of Criminal Procedure or otherwise, in
which a defendant seeks to obtain access to such classified
information not previously authorized by a court for
disclosure under this subsection must be discontinued or may
proceed only as to lines of inquiry not involving such
classified information.''.
______
SA 868. Mr. KYL submitted an amendment intended to be proposed by him
to the bill S. 372, 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; which was ordered to lie on the table; as follows:
At the end, add the following:
SEC. ___. PREVENTION AND DETERRENCE OF TERRORIST SUICIDE
BOMBINGS.
(a) Offense of Rewarding or Facilitating International
Terrorist Acts.--
(1) In general.--Chapter 113B of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 2339E. Providing material support to international
terrorism
``(a) Definitions.--In this section:
``(1) The term `facility of interstate or foreign commerce'
has the same meaning as in section 1958(b)(2).
``(2) The term `international terrorism' has the same
meaning as in section 2331.
``(3) The term `material support or resources' has the same
meaning as in section 2339A(b).
``(4) The term `perpetrator of an act' includes any person
who--
``(A) commits the act;
``(B) aids, abets, counsels, commands, induces, or procures
its commission; or
``(C) attempts, plots, or conspires to commit the act.
``(5) The term `serious bodily injury' has the same meaning
as in section 1365.
``(b) Prohibition.--Whoever, in a circumstance described in
subsection (c), provides, or attempts or conspires to
provide, material support or resources to the perpetrator of
an act of international terrorism, or to a family member or
other person associated with such perpetrator, with the
intent to facilitate, reward, or encourage that act or other
acts of international terrorism, shall be fined under this
title, imprisoned not more than 25 years, or both, and, if
death results, shall be imprisoned for any term of years or
for life.
``(c) Jurisdictional Bases.--A circumstance referred to in
subsection (b) is that--
``(1) the offense occurs in or affects interstate or
foreign commerce;
``(2) the offense involves the use of the mails or a
facility of interstate or foreign commerce;
``(3) an offender intends to facilitate, reward, or
encourage an act of international terrorism that affects
interstate or foreign commerce or would have affected
interstate or foreign commerce had it been consummated;
``(4) an offender intends to facilitate, reward, or
encourage an act of international terrorism that violates the
criminal laws of the United States;
``(5) an offender intends to facilitate, reward, or
encourage an act of international terrorism that is designed
to influence the policy or affect the conduct of the United
States Government;
``(6) an offender intends to facilitate, reward, or
encourage an act of international terrorism that occurs in
part within the United States and is designed to influence
the policy or affect the conduct of a foreign government;
``(7) an offender intends to facilitate, reward, or
encourage an act of international terrorism that causes or is
designed to cause death or serious bodily injury to a
national of the United States while that national is outside
the United States, or substantial damage to the property of a
legal entity organized under the laws of the United States
(including any of its States, districts, commonwealths,
territories, or possessions) while that property is outside
of the United States;
``(8) the offense occurs in whole or in part within the
United States, and an offender intends to facilitate, reward
or encourage an act of international terrorism that is
designed to influence the policy or affect the conduct of a
foreign government; or
``(9) the offense occurs in whole or in part outside of the
United States, and an offender is a national of the United
States, a stateless person whose habitual residence is in the
United States, or a legal entity organized under the laws of
the United States (including any of its States, districts,
commonwealths, territories, or possessions).''.
(2) Technical and conforming amendments.--
(A) Table of sections.--The table of sections for chapter
113B of title 18, United States Code, is amended by adding at
the end the following:
``2339D. Receiving military-type training from a foreign terrorist
organization.
``2339E. Providing material support to international terrorism.''.
(B) Other amendment.--Section 2332b(g)(5)(B)(i) of title
18, United States Code, is amended by inserting ``2339E
(relating to providing material support to international
terrorism),'' before ``or 2340A (relating to torture)''.
(b) Increased Penalties for Providing Material Support to
Terrorists.--
(1) Providing material support to designated foreign
terrorist organizations.--Section 2339B(a) of title 18,
United States Code, is amended by striking ``15 years'' and
inserting ``25 years''.
(2) Providing material support or resources in aid of a
terrorist crime.--Section 2339A(a) of title 18, United States
Code, is amended by striking ``15 years'' and inserting ``40
years''.
(3) Receiving military-type training from a foreign
terrorist organization.--Section 2339D(a) of title 18, United
States Code, is amended by striking ``ten years'' and
inserting ``15 years''.
(4) Addition of attempts and conspiracies to an offense
relating to military training.--Section 2339D(a) of title 18,
United States Code, is amended by inserting ``, or attempts
or conspires to receive,'' after ``receives''.
______
SA 869. Mr. KYL submitted an amendment intended to be proposed by him
to the bill S. 372, 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; which was ordered to lie on the table; as follows:
At the end, add the following:
SEC. __. TERRORIST MURDERS, KIDNAPPINGS, AND ASSAULTS.
(a) Penalties for Terrorist Manslaughter and Attempts or
Conspiracies To Commit Terrorist Murder.--Section 2332 of
title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``, punished by death''
and all that follows and inserting ``and punished by death or
imprisoned for life;''; and
(B) in paragraph (2), by striking ``or imprisoned'' and all
that follows and inserting ``and imprisoned for not less than
10 years nor more than 30 years; and''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``or imprisoned'' and all
that follows and inserting ``and imprisoned for life; and'';
and
(B) in paragraph (2), by striking ``or imprisoned'' and all
that follows and inserting ``and imprisoned for life.''.
(b) Addition of Offense of Terrorist Kidnapping.--Section
2332 of title 18, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Kidnapping.--Whoever outside the United States
unlawfully seizes, confines, inveigles, decoys, kidnaps,
abducts, or carries away, or attempts or conspires to seize,
confine, inveigle, decoy, kidnap, abduct or carry
[[Page S4533]]
away, a national of the United States shall be fined under
this title and imprisoned for life.''.
(c) Addition of Sexual Assault to Definition of Offense of
Terrorist Assault.--Section 2332(d) of title 18, United
States Code, as redesignated by subsection (b) of this
section, is amended--
(1) in paragraph (1), by inserting ``(as defined in section
1365, including any conduct that, if the conduct occurred in
the special maritime and territorial jurisdiction of the
United States, would violate section 2241 or 2242)'' after
``injury'';
(2) in paragraph (2), by inserting ``(as defined in section
1365, including any conduct that, if the conduct occurred in
the special maritime and territorial jurisdiction of the
United States, would violate section 2241 or 2242)'' after
``injury''; and
(3) in the matter following paragraph (2), by striking ``or
imprisoned'' and all that follows and inserting ``and
imprisoned for not less than 10 years nor more than 30
years.''.
______
SA 870. Mr. KYL submitted an amendment intended to be proposed by him
to the bill S. 372, 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; which was ordered to lie on the table; as follows:
At the end of title III, add the following:
SEC. __. NATIONAL INTELLIGENCE ESTIMATE ON PERSONS DEALING
WITH STATE SPONSORS OF TERRORISM.
(a) Requirement for National Intelligence Estimate.--
(1) In general.--Except as provided in paragraph (2), not
later than 270 days after the date of enactment of this Act,
the Director of National Intelligence shall submit to
Congress a National Intelligence Estimate on business
activities carried out with a state sponsors of terrorism.
(2) Notice regarding submittal.--If the Director of
National Intelligence determines that the National
Intelligence Estimate required by paragraph (1) may not be
submitted within 270 days after the date of the enactment of
this Act, the Director shall submit to Congress a
notification of such determination that includes--
(A) the reasons that such National Intelligence Estimate
may not be submitted by such date; and
(B) an estimated date for the submittal of such National
Intelligence Estimate.
(b) Content.--The National Intelligence Estimate required
by subsection (a) shall include--
(1) a list of persons, including foreign persons, that
carry out business activity with the government of, or a
private entity located within, a country that is a state
sponsors of terrorism;
(2) a description of such business activities carried out
by each such person, including estimates of the magnitude of
such activities;
(3) an assessment of the importance of such activities to
the economy of each state sponsor of terrorism;
(4) an assessment of the likely effect of each State law,
including each decision by a public pension board or
governing body of a State that requires divestment from
persons who conduct business activity with a state sponsors
of terrorism; and
(5) an assessment of options available to the United States
to reduce such activities and the likely effect that carrying
out such options may have on the policies and economies of
each state sponsor of terrorism.
(c) State Sponsor of Terrorism Defined.--In this section,
the term ``state sponsor of terrorism'' means any country the
government of which has been determined by the Secretary of
State to have repeatedly provided support for acts of
international terrorism pursuant to--
(1) section 6(j)(1)(A) of the Export Administration Act of
1979 (50 U.S.C. App. 2405(j)(1)(A)) (or successor statute);
(2) section 40(d) of the Arms Export Control Act (22 U.S.C.
2780(d)); or
(3) section 620A(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2371(a)).
(d) Coordination.--In preparing the National Intelligence
Estimate required by subsection (a), the Director of National
Intelligence shall coordinate with the Secretary of State,
the Secretary of the Treasury, the Secretary of Commerce, the
Chairman of the Securities and Exchange Commission, and other
appropriate governmental or nongovernmental entities.
(e) Form.--The National Intelligence Estimate required by
subsection (a) shall be submitted in unclassified form, to
the extent consistent with the protection of intelligence
sources and methods, and include unclassified key judgments
of the National Intelligence Estimate. Such National
Intelligence Estimate may include a classified annex.
______
SA 871. Mr. KYL submitted an amendment intended to be proposed by him
to the bill S. 372, 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; which was ordered to lie on the table; as follows:
At the end, add the following:
SEC. __. IMMUNITY FOR REPORTING SUSPICIOUS ACTIVITIES AND
MITIGATING TERRORIST THREATS RELATING TO
TRANSPORTATION SECURITY.
(a) Immunity for Reporting Suspicious Behavior.--Any person
who makes or causes to be made a voluntary disclosure of any
suspicious transaction, activity, or occurrence indicating
that an individual may be engaging or preparing to engage in
a matter described in subsection (b) to any employee or agent
of the Department of Homeland Security, the Department of
Transportation, the Department of Justice, any Federal,
State, or local law enforcement officer, any transportation
security officer, or any employee or agent of a
transportation system shall be immune from civil liability to
any person under any law or regulation of the United States,
or any constitution, law, or regulation of any State or
political subdivision of any State, for such disclosure.
(b) Covered Disclosures.--The matter referred to in
subsection (a) is a possible violation or attempted violation
of law or regulation relating--
(1) to a threat to transportation systems or passenger
safety or security; or
(2) to an act of terrorism, as defined in section 3077 of
title 18, United States Code, that involves or is directed
against transportation systems or passengers.
(c) Limitation on Application.--Subsection (a) shall not
apply to a statement or disclosure by a person that, at the
time it is made, is known by the person to be false.
(d) Attorney Fees and Costs.--If a person is named as a
defendant in a civil lawsuit for making voluntary disclosures
of any suspicious transaction or taking actions to mitigate a
suspicious matter described in subsection (b), and the person
is found to be immune from civil liability under this
section, the person shall be entitled to recover from the
plaintiff all reasonable costs and attorney's fees as allowed
by the court.
(e) Retroactive Application.--This section shall apply to
activities and claims occurring on or after November 20,
2006.
______
SA 872. Mr. BOND (for himself and Mr. Rockefeller) submitted an
amendment intended to be proposed by him to the bill S. 372, 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; which
was ordered to lie on the table; as follows:
On page 41, line 1, strike ``legal opinions'' and insert
``legal justifications''.
______
SA 873. Mr. CHAMBLISS (for himself and Mr. Kyl) submitted an
amendment intended to be proposed by him to the bill S. 372, 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; which
was ordered to lie on the table; as follows:
Strike section 304.
______
SA 874. Mr. CHAMBLISS (for himself and Mr. Kyl) submitted an
amendment intended to be proposed by him to the bill S. 372, 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; which
was ordered to lie on the table; as follows:
Strike section 314.
______
SA 875. Mr. CHAMBLISS (for himself and Mr. Kyl) submitted an
amendment intended to be proposed by him to the bill S. 372, 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; which
was ordered to lie on the table; as follows:
Strike section 107.
______
SA 876. Mr. DeMINT submitted an amendment intended to be proposed by
him to the bill S. 372, 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
[[Page S4534]]
Intelligence Agency Retirement and Disability System, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY
CARDS TO CONVICTED FELONS.
(a) In General.--Section 70105 of title 46, United States
Code, is amended--
(1) in subsection (b)(1), by striking ``decides that the
individual poses a security risk under subsection (c)'' and
inserting ``determines under subsection (c) that the
individual poses a security risk''; and
(2) in subsection (c), by amending paragraph (1) to read as
follows:
``(1) Disqualifications.--
``(A) Permanent disqualifying criminal offenses.--Except as
provided under paragraph (2), an individual is permanently
disqualified from being issued a biometric transportation
security card under subsection (b) if the individual has been
convicted, or found not guilty by reason of insanity, in a
civilian or military jurisdiction of any of the following
felonies:
``(i) Espionage or conspiracy to commit espionage.
``(ii) Sedition or conspiracy to commit sedition.
``(iii) Treason or conspiracy to commit treason.
``(iv) A Federal crime of terrorism (as defined in section
2332b(g) of title 18), a comparable State law, or conspiracy
to commit such crime.
``(v) A crime involving a transportation security incident.
``(vi) Improper transportation of a hazardous material
under section 5124 of title 49, or a comparable State law.
``(vii) Unlawful possession, use, sale, distribution,
manufacture, purchase, receipt, transfer, shipping,
transporting, import, export, storage of, or dealing in an
explosive or explosive device. In this clause, an explosive
or explosive device includes--
``(I) an explosive (as defined in sections 232(5) and
844(j) of title 18);
``(II) explosive materials (as defined in subsections (c)
through (f) of section 841 of title 18); and
``(III) a destructive device (as defined in 921(a)(4) of
title 18 and section 5845(f) of the Internal Revenue Code of
1986).
``(viii) Murder.
``(ix) Making any threat, or maliciously conveying false
information knowing the same to be false, concerning the
deliverance, placement, or detonation of an explosive or
other lethal device in or against a place of public use, a
State or other government facility, a public transportation
system, or an infrastructure facility.
``(x) A violation of the Racketeer Influenced and Corrupt
Organizations Act (18 U.S.C. 1961 et seq.), or a comparable
State law, if 1 of the predicate acts found by a jury or
admitted by the defendant consists of 1 of the crimes listed
in this subparagraph.
``(xi) Attempt to commit any of the crimes listed in
clauses (i) through (iv).
``(xii) Conspiracy or attempt to commit any of the crimes
described in clauses (v) through (x).
``(xiii) Any other felony that the Secretary of Homeland
Security classifies, by regulation, as a permanently
disqualifying criminal offense under this subparagraph.
``(B) Interim disqualifying criminal offenses.--Except as
provided under paragraph (2), an individual is disqualified
from being issued a biometric transportation security card
under subsection (b) if the individual has been convicted, or
found not guilty by reason of insanity, during the 7-year
period ending on the date on which the individual applies for
such card, or was released from incarceration during the 5-
year period ending on the date on which the individual
applies for such card, of any of the following felonies:
``(i) Unlawful possession, use, sale, manufacture,
purchase, distribution, receipt, transfer, shipping,
transporting, delivery, import, export of, or dealing in a
firearm or other weapon. In this clause, a firearm or other
weapon includes--
``(I) firearms (as defined in section 921(a)(3) of title 18
and section 5845(a) of the Internal Revenue Code of 1986);
and
``(II) items contained on the United States Munitions
Import List under section 447.21 of title 27, Code of Federal
Regulations.
``(ii) Extortion.
``(iii) Dishonesty, fraud, or misrepresentation, including
identity fraud and money laundering if the money laundering
is related to a crime described in this subparagraph or
subparagraph (A). In this clause, welfare fraud and passing
bad checks do not constitute dishonesty, fraud, or
misrepresentation.
``(iv) Bribery.
``(v) Smuggling.
``(vi) Immigration violations.
``(vii) Distribution of, possession with intent to
distribute, or importation of a controlled substance.
``(viii) Arson.
``(ix) Kidnapping or hostage taking.
``(x) Rape or aggravated sexual abuse.
``(xi) Assault with intent to kill.
``(xii) Robbery.
``(xiii) Conspiracy or attempt to commit any of the crimes
listed in this subparagraph.
``(xiv) Fraudulent entry into a seaport under section 1036
of title 18, or a comparable State law.
``(xv) A violation of the Racketeer Influenced and Corrupt
Organizations Act (18 U.S.C. 1961 et seq.) or a comparable
State law, other than any of the violations listed in
subparagraph (A)(x).
``(xvi) Any other felony that the Secretary of Homeland
Security classifies, by regulation, as an interim
disqualifying criminal offense under this subparagraph.
``(C) Under want warrant, or indictment.--An applicant who
is wanted, or under indictment, in any civilian or military
jurisdiction for a felony listed in this paragraph, is
disqualified from being issued a biometric transportation
security card under subsection (b) until the want or warrant
is released or the indictment is dismissed.
``(D) Determination of arrest status.--
``(i) In general.--If a fingerprint-based check discloses
an arrest for a disqualifying crime listed in this section
without indicating a disposition, the Transportation Security
Administration shall notify the applicant of such disclosure
and provide the applicant with instructions on how the
applicant can clear the disposition, in accordance with
clause (ii).
``(ii) Burden of proof.--In order to clear a disposition
under this subparagraph, an applicant shall submit written
proof to the Transportation Security Administration, not
later than 60 days after receiving notification under clause
(i), that the arrest did not result in conviction for the
disqualifying criminal offense.
``(iii) Notification of disqualification.--If the
Transportation Security Administration does not receive proof
in accordance with the Transportation Security
Administration's procedures for waiver of criminal offenses
and appeals, the Transportation Security Administration shall
notify--
``(I) the applicant that he or she is disqualified from
being issued a biometric transportation security card under
subsection (b);
``(II) the State that the applicant is disqualified, in the
case of a hazardous materials endorsement; and
``(III) the Coast Guard that the applicant is disqualified,
if the applicant is a mariner.
``(E) Other potential disqualifications.--Except as
provided under subparagraphs (A) through (C), an individual
may not be denied a transportation security card under
subsection (b) unless the Secretary determines that
individual--
``(i) has been convicted within the preceding 7-year period
of a felony or found not guilty by reason of insanity of a
felony--
``(I) that the Secretary believes could cause the
individual to be a terrorism security risk to the United
States; or
``(II) for causing a severe transportation security
incident;
``(ii) has been released from incarceration within the
preceding 5-year period for committing a felony described in
clause (i);
``(iii) may be denied admission to the United States or
removed from the United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.); or
``(iv) otherwise poses a terrorism security risk to the
United States.''.
(b) Conforming Amendment.--Section 70101 of title 49,
United States Code, is amended--
(1) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7); and
(2) by inserting after paragraph (1) the following:
``(2) The term `economic disruption' does not include a
work stoppage or other employee-related action not related to
terrorism and resulting from an employer-employee dispute.''.
SA 877. Mr. DeMINT submitted an amendment intended to be proposed by
him to the bill S. 372, 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; which was ordered to lie on the table;
as follows:
In lieu of the matter proposed to be inserted, insert the
following:
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. 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.
[[Page S4535]]
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. Extension to intelligence community of authority to delete
information about receipt and disposition of foreign
gifts and decorations.
Sec. 311. Availability of funds for travel and transportation of
personal effects, household goods, and automobiles.
Sec. 312. Director of National Intelligence report on compliance with
the Detainee Treatment Act of 2005.
Sec. 313. 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
[[Page S4536]]
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. 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 30 days
after receiving a request for any intelligence assessment,
report, estimate, information related to intelligence
activity, or other intelligence information from the Select
Committee on Intelligence of the Senate or the Permanent
Select Committee on Intelligence of the House of
Representatives, provide a response to such committee
regarding the request for such assessment, report, estimate,
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.''.
(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, provide written notification to the
Chairman and Vice Chairman of the Select Committee on
Intelligence of the Senate or the Chairman and Ranking Member
of the Permanent Select Committee on Intelligence of the
House of Representatives, as the case may be, of the
determination not to provide such information in full or to
all members of such committees. Such notice shall be
submitted in a classified form and include a statement
[[Page S4537]]
of the reasons for such determination. The Director shall
provide a general description of the nature of the matter
notified to all members of such committees, so long as such
general description will not jeopardize sensitive
intelligence sources and methods or other exceptionally
sensitive matters.
``(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, provide written notification to the Chairman and
Vice Chairman of the Select Committee on Intelligence of the
Senate or the Chairman and Ranking Member of the Permanent
Select Committee on Intelligence of the House of
Representatives, as the case may be, of the determination not
to provide such information in full or to all members of such
committees. Such notice shall be submitted in a classified
form and include a statement of the reasons for such
determination. The Director shall provide a general
description of the nature of the matter notified to all
members of such committees, so long as such general
description will not jeopardize sensitive intelligence
sources and methods or other exceptionally sensitive
matters.''.
(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. 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
[[Page S4538]]
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. 311. 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. 312. 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 statement of the general 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 statement of the general 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 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.
(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. 313. 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 report on any clandestine prison or
detention facility currently or formerly operated by the
United States Government for individuals captured in the
global war on terrorism.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The date each prison or facility became operational
and, if applicable, the date on which each prison or facility
ceased its operations.
(B) The total number of prisoners or detainees held at each
prison or facility during its operation.
(C) The current number of prisoners or detainees held at
each operational prison or facility.
(D) The total and average annual costs of each prison or
facility during its operation.
(E) A description of the interrogation procedures used or
formerly used on detainees at each prison or facility,
including whether a determination has been made that 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
[[Page S4539]]
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
[[Page S4540]]
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.
[[Page S4541]]
``(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:
[[Page S4542]]
``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.''.
[[Page S4543]]
(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) Establishment of Position of Deputy Director of Central
Intelligence Agency.--Section 104A of the National Security
Act of 1947 (50 U.S.C. 403-4a) is 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 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.''.
(b) Conforming Amendment.--Paragraph (2) of subsection (d)
of such section, as redesignated by subsection (a)(1) of this
section, is further amended by striking ``subsection (d)''
and inserting ``subsection (e)''.
(c) 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.''.
(d) 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.''.
(e) 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.
(f) Effective Date and Applicability.--The amendments made
by subsections (a) through (d) shall take effect on the date
of the enactment of this Act and shall apply upon 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''.
[[Page S4544]]
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,''.
[[Page S4545]]
(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
[[Page S4546]]
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
[[Page S4547]]
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''.
______
SA 878. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 372, 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; which was ordered to lie on the table;
as follows:
At the appropriate place insert:
SEC. __. JURISDICTION OVER INTELLIGENCE APPROPRIATIONS.
Notwithstanding subparagraph (b) of paragraph 1 of rule XXV
of the Standing Rules of the Senate, the Select Committee on
Intelligence shall have jurisdiction over all proposed
legislation, messages, petitions, memorials, and other
matters relating to appropriation, rescission of
appropriations, and new spending authority related to funding
for intelligence matters.
______
SA 879. Mr. INHOFE (for himself and Mr. Craig) submitted an amendment
intended to be proposed by him to the bill S. 372, 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; which
was ordered to lie on the table; as follows:
At the end, insert the following:
SEC. __. SENSE OF CONGRESS REGARDING PRESIDENTIAL AUTHORITY
TO CONTROL FOREIGN POLICY.
(a) Findings.--Congress finds the following:
(1) Article II, section 1 of the Constitution of the United
States grants ``executive Power'' to the President of the
United States.
(2) James Madison wrote in Federalist No. 47 that Charles
de Montesquieu was ``[t]he oracle who is always consulted and
cited'' on issues dealing with separation of powers, and, in
``The Spirit of the Laws'', Montesquieu defined the executive
power ``in respect to things dependent on the law of
nations'' and as the power by which the ``magistrate . . .
makes peace or war, sends or receives embassies, establishes
the public security, and provides against invasions''.
(3) In a speech to Congress in 1789, James Madison noted
that the ``association of the Senate with the President in
exercising [the appointment] function, is an exception to
this general rule [that executive power is vested solely in
the President]; and exceptions to general rules . . . are
ever to be taken strictly''.
(4) In 1790, Thomas Jefferson wrote, ``The transaction of
business with foreign nations is executive altogether. It
belongs, then, to the head of that department, except as to
such portions of it as are specially submitted to the Senate.
Exceptions are to be construed strictly.''.
(5) Alexander Hamilton reaffirmed this view in 1793,
asserting ``that as the participation of the Senate in the
making of treaties, and the power of the legislature to
declare war, are exceptions out of the general `executive
power' vested in the President, they are to be construed
strictly, and ought to be extended no further than is
essential to their execution''.
(6) John Marshall, during his congressional term in 1799,
reaffirmed that the President was ``the sole organ of the
nation in its external relations'' because ``[h]e possesses
the whole Executive Power''.
(7) In 1936, the Supreme Court, in United States v.
Curtiss-Wright Export Corporation, 299 U.S. 304, stated,
``Not only, as we have shown, is the federal power over
external affairs in origin and essential character different
from that over internal affairs, but participation in the
exercise of the power is significantly limited. In this vast
external realm, with its important, complicated, delicate and
manifold problems, the President alone has the power to speak
or listen as a representative of the nation. He makes
treaties with the advise and consent of the Senate; but he
alone negotiates. Into the field of negotiation the Senate
cannot intrude, and Congress itself is powerless to invade
it.''.
(8) Section 953 of title 18, United States Code, originally
enacted in 1799 as the Logan Act (1 Stat. 613), states, ``Any
citizen of the United States, wherever he may be, who,
without authority of the United States, directly or
indirectly commences or carries on any correspondence or
intercourse with any foreign government or any officer or
agent thereof, with intent to influence the measures or
conduct of any foreign government or of any officer or agent
thereof, in relation to any disputes or controversies with
the United States, or to defeat the measures of the United
States, shall be fined under this title or imprisoned not
more than three years, or both. This section shall not
abridge the right of a citizen to apply himself, or his
agent, to any foreign government, or the agents thereof, for
redress of any injury which he may have sustained from such
government or any of its agents or subjects.''.
(9) In 1952, Senator Arthur Vandenberg asserted that
``politics stop at the water's edge''.
(10) Intrusions on the executive power of the President by
Members of Congress have had negative effects on foreign
policy, and, in the past, some Members of Congress have tried
to subvert the goals and aims of the executive branch by
pursuing foreign policy goals that are contrary to those of
the President.
(11) In 1987 and 1988, Speaker of the House Jim Wright
attempted to engage in diplomacy between the Sandinista
Government of Nicaragua and the Contra regime against the
expressed aims of President Ronald Reagan. Speaker Wright's
actions undermined the authority and leveraging power of the
President at a crucial time in the Nation's history and also
ignored the finding of the Permanent Select Committee on
Intelligence of the House of Representatives that the
Government of Nicaragua was planning to use military force
against coterminous states.
(12) In 1980, Representative Charlie Wilson began urging
the Central Intelligence Agency to arm Afghani mujahideen
fighters. The decision to double funding to Afghanistan was
unsolicited and was made without the knowledge of the
President. The book ``Charlie Wilson's War'', written by
George Crile, asserts that Representative Wilson thus
violated the Logan Act.
(13) In 1983, the decision of Congress to attach a
stipulation to legislation authorizing the extension of the
presence of the Marines in Beirut, which stated that the
extension could be withdrawn if fatalities continued,
possibly led to the suicide bombing of the Marine barracks on
October 23, 1983, causing the deaths of 241 members of the
Armed Forces of the United States.
(14) It is essential that the President alone have the
ability to formulate foreign policy and engage in diplomacy.
(15) The offices of the Speaker of the House of
Representatives and the Majority Leader of the Senate are
positions of special responsibility, seen as
``authoritative'' by foreign governments, and thus, the
Speaker of the House and the Majority Leader of the Senate
should be held accountable for actions that may be seen by
foreign governments as contrary to the foreign policy goals
of the President.
(16) Recent actions by Speaker of the House Nancy Pelosi,
whether intentionally or unintentionally, have undermined the
President's foreign policy toward Syria by giving a false
impression of the positions of the United States and Israel
on negotiations with the Government of Syria.
(17) It is essential that Members of Congress be viewed as
supportive of the President's execution of foreign policy.
(18) It is harmful and dangerous for the executive power of
the President to be subjugated by Congress.
(b) Sense of Congress.--It is the sense of Congress that--
(1) it is not in the interests of the United States for
Members of Congress to intervene in disputes between the
United States Government and governments of foreign countries
without the authorization of the President; and
(2) Members of Congress should heed the foreign policies of
the President while traveling outside the United States and
meeting with foreign governments.
______
SA 880. Mr. INHOFE (for himself and Mr. Craig) submitted an amendment
intended to be proposed by him to the bill S. 372, 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; which
was ordered to lie on the table; as follows:
At the end, insert the following:
SEC. __. SENSE OF CONGRESS REGARDING PRESIDENTIAL AUTHORITY
TO CONTROL FOREIGN POLICY.
(a) Findings.--Congress finds the following:
(1) Article II, section 1 of the Constitution of the United
States grants ``executive Power'' to the President of the
United States.
(2) James Madison wrote in Federalist No. 47 that Charles
de Montesquieu was ``[t]he oracle who is always consulted and
cited'' on
[[Page S4548]]
issues dealing with separation of powers, and, in ``The
Spirit of the Laws'', Montesquieu defined the executive power
``in respect to things dependent on the law of nations'' and
as the power by which the ``magistrate . . . makes peace or
war, sends or receives embassies, establishes the public
security, and provides against invasions''.
(3) In a speech to Congress in 1789, James Madison noted
that the ``association of the Senate with the President in
exercising [the appointment] function, is an exception to
this general rule [that executive power is vested solely in
the President]; and exceptions to general rules . . . are
ever to be taken strictly''.
(4) In 1790, Thomas Jefferson wrote, ``The transaction of
business with foreign nations is executive altogether. It
belongs, then, to the head of that department, except as to
such portions of it as are specially submitted to the Senate.
Exceptions are to be construed strictly.''.
(5) Alexander Hamilton reaffirmed this view in 1793,
asserting ``that as the participation of the Senate in the
making of treaties, and the power of the legislature to
declare war, are exceptions out of the general `executive
power' vested in the President, they are to be construed
strictly, and ought to be extended no further than is
essential to their execution''.
(6) John Marshall, during his congressional term in 1799,
reaffirmed that the President was ``the sole organ of the
nation in its external relations'' because ``[h]e possesses
the whole Executive Power''.
(7) In 1936, the Supreme Court, in United States v.
Curtiss-Wright Export Corporation, 299 U.S. 304, stated,
``Not only, as we have shown, is the federal power over
external affairs in origin and essential character different
from that over internal affairs, but participation in the
exercise of the power is significantly limited. In this vast
external realm, with its important, complicated, delicate and
manifold problems, the President alone has the power to speak
or listen as a representative of the nation. He makes
treaties with the advise and consent of the Senate; but he
alone negotiates. Into the field of negotiation the Senate
cannot intrude, and Congress itself is powerless to invade
it.''.
(8) Section 953 of title 18, United States Code, originally
enacted in 1799 as the Logan Act (1 Stat. 613), states, ``Any
citizen of the United States, wherever he may be, who,
without authority of the United States, directly or
indirectly commences or carries on any correspondence or
intercourse with any foreign government or any officer or
agent thereof, with intent to influence the measures or
conduct of any foreign government or of any officer or agent
thereof, in relation to any disputes or controversies with
the United States, or to defeat the measures of the United
States, shall be fined under this title or imprisoned not
more than three years, or both. This section shall not
abridge the right of a citizen to apply himself, or his
agent, to any foreign government, or the agents thereof, for
redress of any injury which he may have sustained from such
government or any of its agents or subjects.''.
(9) In 1952, Senator Arthur Vandenberg asserted that
``politics stop at the water's edge''.
(10) Intrusions on the executive power of the President by
Members of Congress have had negative effects on foreign
policy, and, in the past, some Members of Congress have tried
to subvert the goals and aims of the executive branch by
pursuing foreign policy goals that are contrary to those of
the President.
(11) In 1987 and 1988, Speaker of the House Jim Wright
attempted to engage in diplomacy between the Sandinista
Government of Nicaragua and the Contra regime against the
expressed aims of President Ronald Reagan. Speaker Wright's
actions undermined the authority and leveraging power of the
President at a crucial time in the Nation's history and also
ignored the finding of the Permanent Select Committee on
Intelligence of the House of Representatives that the
Government of Nicaragua was planning to use military force
against coterminous states.
(12) In 1980, Representative Charlie Wilson began urging
the Central Intelligence Agency to arm Afghani mujahideen
fighters. The decision to double funding to Afghanistan was
unsolicited and was made without the knowledge of the
President. The book ``Charlie Wilson's War'', written by
George Crile, asserts that Representative Wilson thus
violated the Logan Act.
(13) In 1983, the decision of Congress to attach a
stipulation to legislation authorizing the extension of the
presence of the Marines in Beirut, which stated that the
extension could be withdrawn if fatalities continued,
possibly led to the suicide bombing of the Marine barracks on
October 23, 1983, causing the deaths of 241 members of the
Armed Forces of the United States.
(14) It is essential that the President alone have the
ability to formulate foreign policy and engage in diplomacy.
(15) The offices of the Speaker of the House of
Representatives and the Majority Leader of the Senate are
positions of special responsibility, seen as
``authoritative'' by foreign governments, and thus, the
Speaker of the House and the Majority Leader of the Senate
should be held accountable for actions that may be seen by
foreign governments as contrary to the foreign policy goals
of the President.
(16) Recent actions by Speaker of the House Nancy Pelosi,
whether intentionally or unintentionally, have undermined the
President's foreign policy toward Syria by giving a false
impression of the positions of the United States and Israel
on negotiations with the Government of Syria.
(17) It is essential that Members of Congress be viewed as
supportive of the President's execution of foreign policy.
(18) It is harmful and dangerous for the executive power of
the President to be subjugated by Congress.
(b) Sense of Congress.--It is the sense of Congress that--
(1) it is not in the interests of the United States for
Members of Congress to intervene in disputes between the
United States Government and governments of foreign countries
without the authorization of the President; and
(2) Members of Congress should heed the foreign policies of
the President while traveling outside the United States and
meeting with foreign governments.
______
SA 881. Mr. WYDEN (for himself, Mr. Bond, and Mr. Rockefeller)
submitted an amendment intended to be proposed by him to the bill S.
372, 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; which was ordered to lie on the table; as follows:
At the end of subtitle B of title IV, insert the following:
SEC. 426. AVAILABILITY OF THE EXECUTIVE SUMMARY OF THE REPORT
ENTITLED ``CIA ACCOUNTABILITY WITH RESPECT TO
THE 9/11 ATTACKS''.
(a) Public Availability.--Not later than 30 days after the
date of the enactment of this Act, the Director of the
Central Intelligence Agency shall make available to the
public an unclassified version of the Executive Summary of
the report of the Inspector General of the Central
Intelligence Agency entitled ``Office of Inspector General
Report on Central Intelligence Agency Accountability
Regarding Findings and Conclusion of the Report of the Joint
Inquiry into Intelligence Community Activities Before and
After the Terrorist Attack of September 11, 2001'' issued in
June 2005 that redacts any classified material contained in
the Executive Summary.
(b) Report to Congress.--The Director of the Central
Intelligence Agency shall submit to Congress a classified
annex to the redacted Executive Summary made available under
subsection (a) that explains the reason that any redacted
material in the Executive Summary was withheld from the
public.
______
SA 882. Mr. KYL submitted an amendment intended to be proposed by him
to the bill S. 372, 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; which was ordered to lie on the table; as follows:
On page 43, line 14, strike the period and insert ``, if
the Director of National Intelligence determines that
publication of such description or determination would not
endanger national security.''
______
SA 883. Mr. ENSIGN submitted an amendment intended to be proposed by
him to the bill S. 372, 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; which was ordered to lie on the table;
as follows:
At the appropriate place, insert the following:
SEC. _. PROHIBITION OF WAR CRIMES PROSECUTION.
(a) Short Title.--This section may be cited as the
``Prohibition of Foreign War Crimes Prosecutions of Americans
Act of 2007''.
(b) In General.--Chapter 118 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 2442. International criminal court
``(a) Offense.--Except as provided under subsection (b), it
shall be unlawful for any person, acting under the authority
of the International Criminal Court, another international
organization, or a foreign government, to knowingly indict,
apprehend, detain, prosecute, convict, or participate in the
imposition or carrying out of any sentence or other penalty
on, any American in connection with any proceeding by or
before the International Criminal Court, another
international organization, or a foreign government in which
that American is accused of a war crime.
[[Page S4549]]
``(b) Exception.--Subsection (a) shall not apply in
connection with a criminal proceeding instituted by the
government of a foreign country within the courts of such
country with respect to a war crime allegedly committed--
``(1) on territory subject to the sovereign jurisdiction of
such government; or
``(2) against persons who were nationals of such country at
the time that the war crime is alleged to have been
committed.
``(c) Criminal Penalty.--
``(1) In general.--Any person who violates subsection (a)
shall be fined not more than $5,000,000, imprisoned under
paragraph (2), or both.
``(2) Prison sentence.--The maximum term of imprisonment
for an offense under this section is the greater of--
``(A) 5 years; or
``(B) the maximum term that could be imposed on the
American in the criminal proceeding described in subsection
(a) with respect to which the violation took place.
``(d) Extraterritorial Jurisdiction.--There is
extraterritorial jurisdiction over an offense under this
section.
``(e) Civil Remedy.--Any person who is aggrieved by a
violation described in subsection (a) may, in a civil action,
obtain appropriate relief, including--
``(1) punitive damages; and
``(2) a reasonable attorney's fee as part of the costs.
``(f) Definitions.--In this section--
``(1) the term `American' means any citizen or national of
the United States, or any other person employed by or working
under the direction of the United States Government;
``(2) the term `indict' includes--
``(A) the formal submission of an order or request for the
prosecution or arrest of a person; and
``(B) the issuance of a warrant or other order for the
arrest of a person,
by an official of the International Criminal Court, another
international organization, or a foreign government;
``(3) the term `International Criminal Court' means the
court established by the Rome Statute of the International
Criminal Court adopted by the United Nations Diplomatic
Conference of Plenipotentiaries on the Establishment of and
International Criminal Court on July 17, 1998; and
``(4) the term `war crime' means any offense that is within
the jurisdiction of the International Criminal Court at the
time the offense is committed.''.
(c) Clerical Amendment.--The table of sections in chapter
118 of title 18, United States Code, is amended by adding at
the end the following:
``2442. International criminal court.''.
______
SA 884. Mr. ENSIGN submitted an amendment intended to be proposed by
him to the bill S. 372, 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; which was ordered to lie on the table;
as follows:
In lieu of the matter proposed to be inserted, insert the
following:
SEC. __. PENALTIES FOR VIOLATIONS OF THE INTERNATIONAL
EMERGENCY ECONOMIC POWERS ACT.
Section 206 of the International Emergency Economic Powers
Act (50 U.S.C. 1705) is amended to read as follows:
``PENALTIES
``Sec. 206. (a) It shall be unlawful for--
``(1) a person to violate, or conspire to or attempt to
violate, any license, order, regulation, or prohibition
issued under this title;
``(2) a person subject to the jurisdiction of the United
States to take any action to evade or avoid, or attempt to
evade or avoid, a license, order, regulation, or prohibition
issued under this title; or
``(3) a person subject to the jurisdiction of the United
States to approve, facilitate, or provide financing for any
action, regardless of who initiates or completes the action,
if it would be unlawful for such person to initiate or
complete the action.
``(b) A civil penalty not to exceed $250,000 may be imposed
on any person who commits an unlawful act described in
subsection (a).
``(c) A person who willfully commits, or willfully attempts
to commit, an unlawful act described in subsection (a),
shall, upon conviction for such unlawful act--
``(1) if a corporation, be fined not more than $500,000;
``(2) if a natural person, be fined not more than $500,000,
or imprisoned not more than 10 years, or both; or
``(3) if an officer, director, or agent of a corporation
who knowingly participates, or attempts to participate, in
such unlawful act, be fined not more than $500,000, or
imprisoned not more than 10 years, or both.''.
____________________
