[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 sup
