S 1803 RS

To authorize appropriations for fiscal year 2006 for intelligence and intelligence-related activities of the United States Government, the Intelligence Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.

September 29, 2005

Mr. ROBERTS, from the Select Committee on Intelligence, reported the following original bill; which was read twice and referred to the Committee on Armed Services pursuant to section 3(b) of S. Res. 400, 94th Congress, as amended by S. Res. 445, 108th Congress, for a period not to exceed 10 days of session

To authorize appropriations for fiscal year 2006 for intelligence and intelligence-related activities of the United States Government, the Intelligence Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the `Intelligence Authorization Act for Fiscal Year 2006'.

(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.

Sec. 102. Classified schedule of authorizations.

Sec. 103. Incorporation of classified annex.

Sec. 104. Personnel ceiling adjustments.

Sec. 105. Intelligence Community Management Account.

Sec. 106. Incorporation of reporting requirements.

Sec. 107. Response of intelligence community to requests from Congress for intelligence documents and information.

TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

TITLE III--INTELLIGENCE AND GENERAL INTELLIGENCE COMMUNITY MATTERS

Sec. 301. Increase in employee compensation and benefits authorized by law.

Sec. 302. Restriction on conduct of intelligence activities.

Sec. 303. Clarification of definition of intelligence community under the National Security Act of 1947.

Sec. 304. Delegation of authority for travel on common carriers for intelligence collection personnel.

Sec. 305. Modification of availability of funds for different intelligence activities.

Sec. 306. Retention and use of amounts paid as debts to elements of the intelligence community.

Sec. 307. Pilot program on disclosure of records under the Privacy Act relating to certain intelligence activities.

Sec. 308. Extension to intelligence community of authority to delete information about receipt and disposition of foreign gifts and decorations.

Sec. 309. Availability of funds for travel and transportation of personal effects, household goods, and automobiles.

TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

Subtitle A--Office of the Director of National Intelligence

Sec. 401. Additional authorities of the Director of National Intelligence on intelligence information sharing.

Sec. 402. Modification of limitation on delegation by the Director of National Intelligence of the protection of intelligence sources and methods.

Sec. 403. Authority of the Director of National Intelligence to manage access to human intelligence information.

Sec. 404. Additional administrative authority of the Director of National Intelligence.

Sec. 405. Clarification of limitation on co-location of the Office of the Director of National Intelligence.

Sec. 406. Additional duties of the Director of Science and Technology of the Office of the Director of National Intelligence.

Sec. 407. Appointment and title of Chief Information Officer of the Intelligence Community.

Sec. 408. Inspector General of the Intelligence Community.

Sec. 409. Leadership and location of National Counter Proliferation Center.

Sec. 410. Operational files in the Office of the Director of National Intelligence.

Sec. 411. Eligibility for incentive awards of personnel assigned to the Office of the Director of National Intelligence.

Sec. 412. Repeal of certain authorities relating to the Office of the National Counterintelligence Executive.

Sec. 413. Inapplicability of Federal Advisory Committee Act to advisory committees of the Office of the Director of National Intelligence.

Sec. 414. Membership of the Director of National Intelligence on the Transportation Security Oversight Board.

Sec. 415. Temporary inapplicability to the Office of the Director of National Intelligence of certain financial reporting requirements.

Sec. 416. Applicability of the Privacy Act to the Director of National Intelligence and the Office of the Director of National Intelligence.

Sec. 417. Temporary exemption from personnel limits of certain office of Director of National Intelligence personnel assigned to the National Counterterrorism Center.

Subtitle B--Central Intelligence Agency

Sec. 421. Director and Deputy Director of the Central Intelligence Agency.

Sec. 422. Enhanced protection of Central Intelligence Agency intelligence sources and methods from unauthorized disclosure.

Sec. 423. Additional exception to foreign language proficiency requirement for certain senior level positions in the Central Intelligence Agency.

Sec. 424. Exclusion of the Central Intelligence Agency from annual report on improvement of financial statements for auditing purposes.

Sec. 425. Additional functions and authorities for protective personnel of the Central Intelligence Agency.

Sec. 426. Modification of exclusion of military officer serving as Associate Director of the Central Intelligence Agency for Military Support from officer strength and distribution-in-grade limitations.

Subtitle C--Defense Intelligence Components

Sec. 431. Modification of requirements on disclosure of governmental affiliation by Department of Defense intelligence personnel.

Sec. 432. Enhancements of National Security Agency training program.

Sec. 433. Codification of authorities of National Security Agency protective personnel.

Sec. 434. Protection of operational files of the Defense Intelligence Agency.

Sec. 435. Inspector General matters.

Sec. 436. Confirmation of appointment of heads of certain components of the intelligence community.

Sec. 437. Security clearances in the National Geospatial-Intelligence Agency.

Subtitle D--Other Elements

Sec. 441. Department of Justice intelligence matters.

Sec. 442. Foreign language incentive for certain non-special agent employees of the Federal Bureau of Investigation.

Sec. 443. Authority to secure services by contract for the Bureau of Intelligence and Research of the Department of State.

Sec. 444. Clarification of inclusion of Coast Guard element in the intelligence community.

Sec. 445. Clarifying amendments relating to section 105 of the Intelligence Authorization Act for Fiscal Year 2004.

TITLE V--OTHER MATTERS

Sec. 501. Technical amendments to the National Security Act of 1947.

Sec. 502. Technical clarification of certain references to Joint Military Intelligence Program and Tactical Intelligence and Related Activities.

Sec. 503. Technical amendments to the Intelligence Reform and Terrorism Prevention Act of 2004.

Sec. 504. Technical amendment to the Central Intelligence Agency Act of 1949.

Sec. 505. Technical amendments relating to the multiyear national intelligence program.

Sec. 506. Technical amendments to the Executive Schedule.

Sec. 507. Technical amendments relating to redesignation of the National Imagery and Mapping Agency as the National Geospatial-Intelligence Agency.

TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year 2006 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government:

(1) The Office of the Director of National Intelligence.

(2) The Central Intelligence Agency.

(3) The Department of Defense.

(4) The Defense Intelligence Agency.

(5) The National Security Agency.

(6) The Department of the Army, the Department of the Navy, and the Department of the Air Force.

(7) The Department of State.

(8) The Department of the Treasury.

(9) The Department of Energy.

(10) The Department of Justice.

(11) The Federal Bureau of Investigation.

(12) The National Reconnaissance Office.

(13) The National Geospatial-Intelligence Agency.

(14) The Coast Guard.

(15) The Department of Homeland Security.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL CEILINGS- The amounts authorized to be appropriated under section 101, and the authorized personnel ceilings as of September 30, 2006, for the conduct of the intelligence and intelligence-related activities of the elements listed in such section, are those specified in the classified Schedule of Authorizations prepared to accompany the conference report on the bill XXXXX of the One Hundred Ninth Congress and in the Classified Annex to such report as incorporated in this Act under section 103.

(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZATIONS- The Schedule of Authorizations shall be made available to the Committees on Appropriations of the Senate and House of Representatives and to the President. The President shall provide for suitable distribution of the Schedule, or of appropriate portions of the Schedule, within the executive branch.

SEC. 103. INCORPORATION OF CLASSIFIED ANNEX.

(a) STATUS OF CLASSIFIED ANNEX- The Classified Annex prepared by the Select Committee on Intelligence of the Senate to accompany its report on the bill S. 1803 of the One Hundred Ninth Congress and transmitted to the President is hereby incorporated into this Act.

(b) CONSTRUCTION WITH OTHER PROVISIONS OF ACT- Unless otherwise specifically stated, the amounts specified in the Classified Annex are not in addition to amounts authorized to be appropriated by other provisions of this Act.

(c) LIMITATION ON USE OF FUNDS- Funds appropriated pursuant to an authorization contained in this Act that are made available for a program, project, or activity referred to in the Classified Annex may only be expended for such program, project, or activity in accordance with such terms, conditions, limitations, restrictions, and requirements as are set out for that program, project, or activity in the Classified Annex.

(d) DISTRIBUTION OF CLASSIFIED ANNEX- The President shall provide for appropriate distribution of the Classified Annex, or of appropriate portions of the annex, within the executive branch of the Government.

SEC. 104. PERSONNEL CEILING ADJUSTMENTS.

(a) AUTHORITY FOR ADJUSTMENTS- With the approval of the Director of the Office of Management and Budget, the Director of National Intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal year 2006 under section 102 when the Director of National Intelligence determines that such action is necessary to the performance of important intelligence functions, except that the number of personnel employed in excess of the number authorized under such section may not, for any element of the intelligence community, exceed 2 percent of the number of civilian personnel authorized under such section for such element.

(b) NOTICE TO INTELLIGENCE COMMITTEES- The Director of National Intelligence shall promptly notify the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives whenever the Director exercises the authority granted by this section.

SEC. 105. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

(a) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2006 the sum of $1,014,362,000. Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for advanced research and development shall remain available until September 30, 2007.

(b) AUTHORIZED PERSONNEL LEVELS- The elements within the Intelligence Community Management Account of the Director of National Intelligence are authorized 882 full-time personnel as of September 30, 2006. Personnel serving in such elements may be permanent employees of the Intelligence Community Management Account or personnel detailed from other elements of the United States Government.

(c) CLASSIFIED AUTHORIZATIONS-

(1) AUTHORIZATION OF APPROPRIATIONS- In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are also authorized to be appropriated for the Intelligence Community Management Account for fiscal year 2006 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). Such additional amounts for research and development shall remain available until September 30, 2007.

(2) AUTHORIZATION OF PERSONNEL- In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30, 2006, there are also authorized such additional personnel for such elements as of that date as are specified in the classified Schedule of Authorizations.

(d) REIMBURSEMENT- Except as provided in section 113 of the National Security Act of 1947 (50 U.S.C. 404h), during fiscal year 2006 any officer or employee of the United States or a member of the Armed Forces who is detailed to the staff of the Intelligence Community Management Account from another element of the United States Government shall be detailed on a reimbursable basis, except that any such officer, employee, or member may be detailed on a nonreimbursable basis for a period of less than one year for the performance of temporary functions as required by the Director of National Intelligence.

(e) NATIONAL DRUG INTELLIGENCE CENTER-

(1) IN GENERAL- Of the amount authorized to be appropriated in subsection (a), $17,000,000 shall be available for the National Drug Intelligence Center. Within such amount, funds provided for research, development, testing, and evaluation purposes shall remain available until September 30, 2007, and funds provided for procurement purposes shall remain available until September 30, 2008.

(2) TRANSFER OF FUNDS- The Director of National Intelligence shall transfer to the Attorney General funds available for the National Drug Intelligence Center under paragraph (1). The Attorney General shall utilize funds so transferred for the activities of the National Drug Intelligence Center.

(3) LIMITATION- Amounts available for the National Drug Intelligence Center may not be used in contravention of the provisions of section 104A(e)(1) of the National Security Act of 1947 (as redesignated by section 421(b)(1) of this Act).

(4) AUTHORITY- Notwithstanding any other provision of law, the Attorney General shall retain full authority over the operations of the National Drug Intelligence Center.

SEC. 106. INCORPORATION OF REPORTING REQUIREMENTS.

(a) IN GENERAL- Each requirement to submit a report to the congressional intelligence committees that is included in the joint explanatory statement to accompany the conference report on the bill XXXX of the One Hundred Ninth Congress, or in the classified annex to this Act, is hereby incorporated into this Act, and is hereby made a requirement in law.

(b) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED- In this section, the term `congressional intelligence committees' means--

(1) the Select Committee on Intelligence of the Senate; and

(2) the Permanent Select Committee on Intelligence of the House of Representatives.

SEC. 107. RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS FROM CONGRESS FOR INTELLIGENCE DOCUMENTS AND INFORMATION.

(a) IN GENERAL- Title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.) is amended by adding at the end the following new section:

`RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS FROM CONGRESS FOR INTELLIGENCE DOCUMENTS AND INFORMATION

`SEC. 508. (a) REQUESTS OF COMMITTEES- The Director of National Intelligence, the Director of the National Counterterrorism Center, the Director of a national intelligence center, or the head of any other department, agency, or element of the Federal Government, or other organization within the Executive branch, that is an element of the intelligence community shall, not later than 15 days after receiving a request for any intelligence assessment, report, estimate, legal opinion, or other intelligence information from the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, or any other committee of Congress with jurisdiction over the subject matter to which information in such assessment, report, estimate, legal opinion, or other information relates, make available to such committee such assessment, report, estimate, legal opinion, or other information, as the case may be.

`(b) REQUESTS OF CERTAIN MEMBERS- (1) The Director of National Intelligence, the Director of the National Counterterrorism Center, the Director of a national intelligence center, or the head of any other department, agency, or element of the Federal Government, or other organization within the Executive branch, that is an element of the intelligence community shall respond, in the time specified in subsection (a), to a request described in that subsection from the Chairman or Vice Chairman of the Select Committee on Intelligence of the Senate or the Chairman or Ranking Member of the Permanent Select Committee on Intelligence of the House of Representatives.

`(2) Upon making a request covered by paragraph (1)--

`(A) the Chairman or Vice Chairman, as the case may be, of the Select Committee on Intelligence of the Senate shall notify the other of the Chairman or Vice Chairman of such request; and

`(B) the Chairman or Ranking Member, as the case may be, of the Permanent Select Committee on Intelligence of the House of Representatives shall notify the other of the Chairman or Ranking Member of such request.

`(c) ASSERTION OF PRIVILEGE- In response to a request covered by subsection (a) or (b), the Director of National Intelligence, the Director of the National Counterterrorism Center, the Director of a national intelligence center, or the head of any other department, agency, or element of the Federal Government, or other organization within the Executive branch, that is an element of the intelligence community shall provide the document or information covered by such request unless the President certifies that such document or information is not being provided because the President is asserting a privilege pursuant to the Constitution of the United States.'.

(b) CLERICAL AMENDMENT- The table of contents in the first section of that Act is amended by inserting after the item relating to section 507 the following new item:

`Sec. 508. Response of intelligence community to requests from Congress for intelligence documents and information.'.

TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2006 the sum of $244,600,000.

TITLE III--INTELLIGENCE AND GENERAL INTELLIGENCE COMMUNITY MATTERS

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY LAW.

Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States.

SEC. 303. CLARIFICATION OF DEFINITION OF INTELLIGENCE COMMUNITY UNDER THE NATIONAL SECURITY ACT OF 1947.

Subparagraph (L) of section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)) is amended by striking `other' the second place it appears.

SEC. 304. DELEGATION OF AUTHORITY FOR TRAVEL ON COMMON CARRIERS FOR INTELLIGENCE COLLECTION PERSONNEL.

(a) DELEGATION OF AUTHORITY- Section 116(b) of the National Security Act of 1947 (50 U.S.C. 404k(b)) is amended--

(1) by inserting `(1)' before `The Director';

(2) in paragraph (1), by striking `may only delegate' and all that follows and inserting `may delegate the authority in subsection (a) to the head of any other element of the intelligence community.'; and

(3) by adding at the end the following new paragraph:

`(2) The head of an element of the intelligence community to whom the authority in subsection (a) is delegated pursuant to paragraph (1) may further delegate such authority to such senior officials of such element as are specified in guidelines prescribed by the Director of National Intelligence for purposes of this paragraph.'.

(b) SUBMITTAL OF GUIDELINES TO CONGRESS- Not later than six months after the date of the enactment of this Act, the Director of National Intelligence shall prescribe and submit to the congressional intelligence committees the guidelines referred to in paragraph (2) of section 116(b) of the National Security Act of 1947, as added by subsection (a).

(c) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED- In this section, the term `congressional intelligence committees' means--

(1) the Select Committee on Intelligence of the Senate; and

(2) the Permanent Select Committee on Intelligence of the House of Representatives.

SEC. 305. MODIFICATION OF AVAILABILITY OF FUNDS FOR DIFFERENT INTELLIGENCE ACTIVITIES.

Subparagraph (B) of section 504(a)(3) of the National Security Act of 1947 (50 U.S.C. 414(a)(3)) is amended to read as follows:

`(B) the use of such funds for such activity supports an emergent need, improves program effectiveness, or increases efficiency; and'.

SEC. 306. RETENTION AND USE OF AMOUNTS PAID AS DEBTS TO ELEMENTS OF THE INTELLIGENCE COMMUNITY.

(a) IN GENERAL- Title XI of the National Security Act of 1947 (50 U.S.C. 442 et seq.) is amended by adding at the end the following new section:

`RETENTION AND USE OF AMOUNTS PAID AS DEBTS TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

`SEC. 1103. (a) AUTHORITY TO RETAIN AMOUNTS PAID- Notwithstanding section 3302 of title 31, United States Code, or any other provision of law, the head of an element of the intelligence community may retain amounts paid or reimbursed to the United States, including amounts paid by an employee of the Federal Government from personal funds, for repayment of a debt owed to the element of the intelligence community.

`(b) CREDITING OF AMOUNTS RETAINED- (1) Amounts retained under subsection (a) shall be credited to the current appropriation or account from which such funds were derived or whose expenditure formed the basis for the underlying activity from which the debt concerned arose.

`(2) Amounts credited to an appropriation or account under paragraph (1) shall be merged with amounts in such appropriation or account, and shall be available in accordance with subsection (c).

`(c) AVAILABILITY OF AMOUNTS- Amounts credited to an appropriation or account under subsection (b) with respect to a debt owed to an element of the intelligence community shall be available to the head of such element, for such time as is applicable to amounts in such appropriation or account, for purposes as follows:

`(1) In the case of a debt arising from lost or damaged property of such element, the repair of such property or the replacement of such property with alternative property that will perform the same or similar functions as such property.

`(2) The funding of any other activities authorized to be funded by such appropriation or account.

`(d) DEBT OWED TO AN ELEMENT OF THE INTELLIGENCE COMMUNITY DEFINED- In this section, the term `debt owed to an element of the intelligence community' means any of the following:

`(1) A debt owed to an element of the intelligence community by an employee or former employee of such element for the negligent or willful loss of or damage to property of such element that was procured by such element using appropriated funds.

`(2) A debt owed to an element of the intelligence community by an employee or former employee of such element as repayment for default on the terms and conditions associated with a scholarship, fellowship, or other educational assistance provided to such individual by such element, whether in exchange for future services or otherwise, using appropriated funds.

`(3) Any other debt or repayment owed to an element of the intelligence community by a private person or entity by reason of the negligent or willful action of such person or entity, as determined by a court of competent jurisdiction or in a lawful administrative proceeding.'.

(b) CLERICAL AMENDMENT- The table of contents in the first section of that Act is amended by adding at the end the following new item:

`Sec. 1103. Retention and use of amounts paid as debts to elements of the intelligence community.'.

SEC. 307. PILOT PROGRAM ON DISCLOSURE OF RECORDS UNDER THE PRIVACY ACT RELATING TO CERTAIN INTELLIGENCE ACTIVITIES.

(a) IN GENERAL- Subsection (b) of section 552a of title 5, United States Code, is amended--

(1) in paragraph (11), by striking `and' at the end;

(2) in paragraph (12), by striking the period and inserting `; or'; and

(3) by adding at the end the following new paragraph:

`(13) to an element of the intelligence community set forth in or designated under section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))--

`(A) by another element of the intelligence community, or by a department or agency of the Federal Government containing an element of the intelligence community, that maintains the record, if the record is relevant to a lawful and authorized foreign intelligence or counterintelligence activity conducted by the receiving element of the intelligence community; or

`(B) by any other agency that maintains the record, if--

`(i) it is the responsibility of that agency to protect the United States or its interests against the threat of international terrorism or the proliferation of weapons of mass destruction; and

`(ii)(I) the head of the element of the intelligence community makes a written request to that agency specifying the record, or the particular portion thereof, that is relevant to a lawful and authorized activity of the element of the intelligence community to protect against international terrorism or the proliferation of weapons of mass destruction; or

`(II) the head of that agency determines that--

`(aa) the record, or particular portion thereof, constitutes terrorism information (as that term is defined in section 1016(a)(4) of the National Security Intelligence Reform Act of 2004 (title I of Public Law 108-458)) or information concerning the proliferation of weapons of mass destruction; and

`(bb) the disclosure of the record, or particular portion thereof, will be to an element of the intelligence community authorized to collect and analyze foreign intelligence or counterintelligence information related to international terrorism or the proliferation of weapons of mass destruction.'.

(b) EXEMPTION FROM CERTAIN PRIVACY ACT REQUIREMENTS FOR RECORD ACCESS AND ACCOUNTING FOR DISCLOSURES- Elements of the intelligence community set forth in or designated under section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)) receiving a disclosure under subsection (b)(13) of section 552a of title 5, United States Code, shall not be required to comply with subsection (c)(3), (c)(4), or (d) of such section 552a with respect to such disclosure, or the records, or portions thereof, disclosed under subsection (b)(13) of such section 552a.

(c) CONSULTATION ON DETERMINATIONS OF INFORMATION TYPE- Such section is further amended by adding at the end the following new subsection:

`(w) AUTHORITY TO CONSULT ON DETERMINATIONS OF INFORMATION TYPE- When determining for purposes of subsection (b)(13)(B)(ii)(II) whether a record constitutes terrorism information (as that term is defined in section 1016(a)(4)) of the National Security Intelligence Reform Act of 2004 (title I of Public Law 108-458; 118 Stat. 3665)) or information concerning the proliferation of weapons of mass destruction, the head of an agency may consult with the Director of National Intelligence or the Attorney General.'.

(d) CONSTRUCTION- Nothing in the amendments made by this section shall be deemed to constitute authority for the collection or retention of foreign intelligence or counterintelligence information not otherwise authorized by the Constitution, laws, or Executive orders of the United States.

(e) REPORTS-

(1) ANNUAL REPORTS- Not later than one year after the date of the enactment of this Act, and annually thereafter through 2008, the Director of National Intelligence and the Attorney General, in coordination with the Privacy and Civil Liberties Oversight Board, shall jointly submit to the congressional intelligence committees a report on the administration of the amendments made by this section.

(2) FINAL REPORT- Not later than six months before the date specified in subsection (f), the Director of National Intelligence and the Attorney General, in coordination with the Privacy and Civil Liberties Oversight Board, shall jointly submit to the congressional intelligence committees a report on administration of the amendments made by this section. The report shall include the recommendations of the Director and the Attorney General regarding the continuation in effect of such amendments after such date.

(3) REVIEW AND REPORT BY PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD- Not later than six months before the date specified in subsection (f), the Privacy and Civil Liberties Oversight Board shall--

(A) review the administration of the amendments made by this section; and

(B) in a manner consistent with section 1061(c)(1) of the National Security Intelligence Reform Act of 2004 (title I of Public Law 108-458; 118 Stat. 3684; 5 U.S.C. 601 note), submit to the congressional intelligence committees a report providing such advice and counsel on the administration of the amendments made by this section as the Board considers appropriate.

(4) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED- In this subsection, the term `congressional intelligence committees' means--

(A) the Select Committee on Intelligence of the Senate; and

(B) the Permanent Select Committee on Intelligence of the House of Representatives.

(f) TERMINATION- The amendments made by this section shall cease to have effect on December 31, 2009.

SEC. 308. EXTENSION TO INTELLIGENCE COMMUNITY OF AUTHORITY TO DELETE INFORMATION ABOUT RECEIPT AND DISPOSITION OF FOREIGN GIFTS AND DECORATIONS.

Paragraph (4) of section 7342(f) of title 5, United States Code, is amended to read as follows:

`(4)(A) In transmitting such listings for an element of the intelligence community, the head of such element may delete the information described in subparagraphs (A) and (C) of paragraphs (2) and (3) if the head of such element certifies in writing to the Secretary of State that the publication of such information could adversely affect United States intelligence sources or methods.

`(B) Any information not provided to the Secretary of State pursuant to the authority in subparagraph (A) shall be transmitted to the Director of National Intelligence.

`(C) In this paragraph, the term `element of the intelligence community' means an element of the intelligence community listed in or designated under section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).'.

SEC. 309. AVAILABILITY OF FUNDS FOR TRAVEL AND TRANSPORTATION OF PERSONAL EFFECTS, HOUSEHOLD GOODS, AND AUTOMOBILES.

(a) FUNDS OF OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE- Funds appropriated to the Office of the Director of National Intelligence and available for travel and transportation expenses shall be available for such expenses when any part of the travel or transportation concerned begins in a fiscal year pursuant to travel orders issued in such fiscal year, notwithstanding that such travel or transportation is or may not be completed during such fiscal year.

(b) FUNDS OF CENTRAL INTELLIGENCE AGENCY- Funds appropriated to the Central Intelligence Agency and available for travel and transportation expenses shall be available for such expenses when any part of the travel or transportation concerned begins in a fiscal year pursuant to travel orders issued in such fiscal year, notwithstanding that such travel or transportation is or may not be completed during such fiscal year.

(c) TRAVEL AND TRANSPORTATION EXPENSES DEFINED- In this section, the term `travel and transportation expenses' means the following:

(1) Expenses in connection with travel of personnel, including travel of dependents.

(2) Expenses in connection with transportation of personal effects, household goods, or automobiles of personnel.

TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

Subtitle A--Office of the Director of National Intelligence

SEC. 401. ADDITIONAL AUTHORITIES OF THE DIRECTOR OF NATIONAL INTELLIGENCE ON INTELLIGENCE INFORMATION SHARING.

Section 102A(g)(1) of the National Security Act of 1947 (50 U.S.C. 403-1(g)(1)) is amended--

(1) in subparagraph (E), by striking `and' at the end;

(2) in subparagraph (F), by striking the period and inserting a semicolon; and

(3) by adding at the end the following the following new subparagraphs:

`(G) in carrying out this subsection, have the authority--

`(i) to direct the development, deployment, and utilization of systems of common concern for elements of the intelligence community, or that support the activities of such elements, related to the collection, processing, analysis, exploitation, and dissemination of intelligence information; and

`(ii) without regard to any provision of law relating to the transfer, reprogramming, obligation, or expenditure of funds, other than the provisions of this Act and the National Security Intelligence Reform Act of 2004 (title I of Public Law 108-458), to expend funds for purposes associated with the development, deployment, and utilization of such systems, which funds may be received and utilized by any department, agency, or other element of the United States Government for such purposes; and

`(H) for purposes of addressing critical gaps in intelligence information sharing or access capabilities, have the authority to transfer funds appropriated for a program within the National Intelligence Program to a program funded by appropriations not within the National Intelligence Program, consistent with paragraphs (3) through (7) of subsection (d).'.

SEC. 402. MODIFICATION OF LIMITATION ON DELEGATION BY THE DIRECTOR OF NATIONAL INTELLIGENCE OF THE PROTECTION OF INTELLIGENCE SOURCES AND METHODS.

Section 102A(i)(3) of the National Security Act of 1947 (50 U.S.C. 403-1(i)(3)) is amended by inserting before the period the following: `, any Deputy Director of National Intelligence, or the Chief Information Officer of the Intelligence Community'.

SEC. 403. AUTHORITY OF THE DIRECTOR OF NATIONAL INTELLIGENCE TO MANAGE ACCESS TO HUMAN INTELLIGENCE INFORMATION.

Section 102A(b) of the National Security Act of 1947 (50 U.S.C. 403-1(b)) is amended--

(1) by inserting `(1)' before `Unless'; and

(2) by adding at the end the following new paragraph:

`(2) The Director of National Intelligence shall--

`(A) have access to all information, including intelligence reports, operational data, and other associated information, concerning the human intelligence operations of any element of the intelligence community authorized to undertake such collection;

`(B) consistent with the protection of intelligence sources and methods, ensure maximum access to the intelligence information contained in the information referred to in subparagraph (A) throughout the intelligence community; and

`(C) consistent with subparagraph (B), provide within the Office of the Director of National Intelligence a mechanism for intelligence community analysts and other officers with appropriate clearances and an official need-to-know to gain access to information referred to in subparagraph (A) or (B) when relevant to their official responsibilities.'.

SEC. 404. ADDITIONAL ADMINISTRATIVE AUTHORITY OF THE DIRECTOR OF NATIONAL INTELLIGENCE.

Section 102A of the National Security Act of 1947 (50 U.S.C. 403-1) is amended by adding at the end the following new subsection:

`(s) ADDITIONAL ADMINISTRATIVE AUTHORITIES- (1) Notwithstanding section 1532 of title 31, United States Code, or any other provision of law prohibiting the interagency financing of activities described in clause (i) or (ii) of subparagraph (A), in the performance of the responsibilities, authorities, and duties of the Director of National Intelligence or the Office of the Director of National Intelligence--

`(A) the Director may authorize the use of interagency financing for--

`(i) national intelligence centers established by the Director under section 119B; and

`(ii) boards, commissions, councils, committees, and similar groups established by the Director; and

`(B) upon the authorization of the Director, any department, agency, or element of the United States Government, including any element of the intelligence community, may fund or participate in the funding of such activities.

`(2) No provision of law enacted after the date of the enactment of this subsection shall be deemed to limit or supersede the authority in paragraph (1) unless such provision makes specific reference to the authority in that paragraph.'.

SEC. 405. CLARIFICATION OF LIMITATION ON CO-LOCATION OF THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.

Section 103(e) of the National Security Act of 1947 (50 U.S.C. 403-3(e)) is amended--

(1) by striking `WITH' and inserting `OF HEADQUARTERS WITH HEADQUARTERS OF';

(2) by inserting `the headquarters of' before `the Office'; and

(3) by striking `any other element' and inserting `the headquarters of any other element'.

SEC. 406. ADDITIONAL DUTIES OF THE DIRECTOR OF SCIENCE AND TECHNOLOGY OF THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.

(a) Coordination and Prioritization of Research Conducted by Elements of Intelligence Community- Subsection (d) of section 103E of the National Security Act of 1947 (50 U.S.C. 403-3e) is amended--

(1) in paragraph (3)(A), by inserting `and prioritize' after `coordinate'; and

(2) by adding at the end the following new paragraph:

`(4) In carrying out paragraph (3)(A), the Committee shall identify basic, advanced, and applied research programs to be carried out by elements of the intelligence community.'.

(b) Development of Technology Goals- That section is further amended--

(1) in subsection (c)--

(A) in paragraph (4), by striking `and' at the end;

(B) by redesignating paragraph (5) as paragraph (8); and

(C) by inserting after paragraph (4) the following new paragraphs:

`(5) assist the Director in establishing goals for the elements of the intelligence community to meet the technology needs of the intelligence community;

`(6) under the direction of the Director, establish engineering standards and specifications applicable to each acquisition of a major system (as that term is defined in section 506A(e)(3)) by the intelligence community;

`(7) ensure that each acquisition program of the intelligence community for a major system (as so defined) complies with the standards and specifications established under paragraph (6); and'; and

(2) by adding at the end the following new subsection:

`(e) Goals for Technology Needs of Intelligence Community- In carrying out subsection (c)(5), the Director of Science and Technology shall--

`(1) perform systematic identification and assessment of the most significant intelligence challenges that require technical solutions;

`(2) examine options to enhance the responsiveness of research and design programs to meet the requirements of the intelligence community for timely support; and

`(3) assist the Director of National Intelligence in establishing research and development priorities and projects for the intelligence community that--

`(A) are consistent with current or future national intelligence requirements;

`(B) address deficiencies or gaps in the collection, processing, analysis, or dissemination of national intelligence;

`(C) take into account funding constraints in program development and acquisition; and

`(D) address system requirements from collection to final dissemination (also known as `end-to-end architecture').'.

(c) Report- (1) Not later than June 30, 2006, the Director of National Intelligence shall submit to Congress a report containing a strategy for the development and use of technology in the intelligence community through 2021.

(2) The report shall include--

(A) an assessment of the highest priority intelligence gaps across the intelligence community that may be resolved by the use of technology;

(B) goals for advanced research and development and a strategy to achieve such goals;

(C) an explanation of how each advanced research and development project funded under the National Intelligence Program addresses an identified intelligence gap;

(D) a list of all current and projected research and development projects by research type (basic, advanced, or applied) with estimated funding levels, estimated initiation dates, and estimated completion dates; and

(E) a plan to incorporate technology from research and development projects into National Intelligence Program acquisition programs.

(3) The report may be submitted in classified form.

SEC. 407. APPOINTMENT AND TITLE OF CHIEF INFORMATION OFFICER OF THE INTELLIGENCE COMMUNITY.

(a) APPOINTMENT- Subsection (a) of section 103G of the National Security Act of 1947 (50 U.S.C. 403-3g) is amended by striking `the President, by and with the advice and consent of the Senate' and inserting `the Director of National Intelligence'.

(b) TITLE- Such section is further amended--

(1) in subsection (a), by inserting `of the Intelligence Community' after `Chief Information Officer';

(2) in subsection (b), by inserting `of the Intelligence Community' after `Chief Information Officer';

(3) in subsection (c), by inserting `of the Intelligence Community' after `Chief Information Officer'; and

(4) in subsection (d), by inserting `of the Intelligence Community' after `Chief Information Officer' the first place it appears.

SEC. 408. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.

(a) ESTABLISHMENT- (1) Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by inserting after section 103G the following new section:

`INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY

`SEC. 103H. (a) OFFICE OF INSPECTOR GENERAL OF INTELLIGENCE COMMUNITY- There is within the Office of the Director of National Intelligence an Office of the Inspector General of the Intelligence Community.

`(b) PURPOSE- The purpose of the Office of the Inspector General of the Intelligence Community is to--

`(1) create an objective and effective office, appropriately accountable to Congress, to initiate and conduct independently investigations, inspections, and audits relating to--

`(A) the programs and operations of the intelligence community;

`(B) the elements of the intelligence community within the National Intelligence Program; and

`(C) the relationships between the elements of the intelligence community within the National Intelligence Program and the other elements of the intelligence community;

`(2) recommend policies designed--

`(A) to promote economy, efficiency, and effectiveness in the administration and implementation of such programs and operations, and in such relationships; and

`(B) to prevent and detect fraud and abuse in such programs, operations, and relationships;

`(3) provide a means for keeping the Director of National Intelligence fully and currently informed about--

`(A) problems and deficiencies relating to the administration and implementation of such programs and operations, and to such relationships; and

`(B) the necessity for, and the progress of, corrective actions; and

`(4) in the manner prescribed by this section, ensure that the congressional intelligence committees are kept similarly informed of--

`(A) significant problems and deficiencies relating to the administration and implementation of such programs and operations, and to such relationships; and

`(B) the necessity for, and the progress of, corrective actions.

`(c) INSPECTOR GENERAL OF INTELLIGENCE COMMUNITY- (1) There is an Inspector General of the Intelligence Community, who shall be the head of the Office of the Inspector General of the Intelligence Community, who shall be appointed by the President, by and with the advice and consent of the Senate.

`(2) The nomination of an individual for appointment as Inspector General shall be made--

`(A) without regard to political affiliation;

`(B) solely on the basis of integrity, compliance with the security standards of the intelligence community, and prior experience in the field of intelligence or national security; and

`(C) on the basis of demonstrated ability in accounting, financial analysis, law, management analysis, public administration, or auditing.

`(3) The Inspector General shall report directly to and be under the general supervision of the Director of National Intelligence.

`(4) The Inspector General may be removed from office only by the President. The President shall immediately communicate in writing to the congressional intelligence committees the reasons for the removal of any individual from the position of Inspector General.

`(d) DUTIES AND RESPONSIBILITIES- It shall be the duty and responsibility of the Inspector General of the Intelligence Community--

`(1) to provide policy direction for, and to plan, conduct, supervise, and coordinate independently, the investigations, inspections, and audits relating to the programs and operations of the intelligence community, the elements of the intelligence community within the National Intelligence Program, and the relationships between the elements of the intelligence community within the National Intelligence Program and the other elements of the intelligence community to ensure they are conducted efficiently and in accordance with applicable law and regulations;

`(2) to keep the Director of National Intelligence fully and currently informed concerning violations of law and regulations, violations of civil liberties and privacy, and fraud and other serious problems, abuses, and deficiencies that may occur in such programs and operations, and in such relationships, and to report the progress made in implementing corrective action;

`(3) to take due regard for the protection of intelligence sources and methods in the preparation of all reports issued by the Inspector General, and, to the extent consistent with the purpose and objective of such reports, take such measures as may be appropriate to minimize the disclosure of intelligence sources and methods described in such reports; and

`(4) in the execution of the duties and responsibilities under this section, to comply with generally accepted government auditing standards.

`(e) LIMITATIONS ON ACTIVITIES- (1) The Director of National Intelligence may prohibit the Inspector General of the Intelligence Community from initiating, carrying out, or completing any investigation, inspection, or audit if the Director determines that such prohibition is necessary to protect vital national security interests of the United States.

`(2) If the Director exercises the authority under paragraph (1), the Director shall submit an appropriately classified statement of the reasons for the exercise of such authority within 7 days to the congressional intelligence committees.

`(3) The Director shall advise the Inspector General at the time a report under paragraph (2) is submitted, and, to the extent consistent with the protection of intelligence sources and methods, provide the Inspector General with a copy of such report.

`(4) The Inspector General may submit to the congressional intelligence committees any comments on a report of which the Inspector General has notice under paragraph (3) that the Inspector General considers appropriate.

`(f) AUTHORITIES- (1) The Inspector General of the Intelligence Community shall have direct and prompt access to the Director of National Intelligence when necessary for any purpose pertaining to the performance of the duties of the Inspector General.

`(2)(A) The Inspector General shall have access to any employee, or any employee of a contractor, of any element of the intelligence community whose testimony is needed for the performance of the duties of the Inspector General.

`(B) The Inspector General shall have direct access to all records, reports, audits, reviews, documents, papers, recommendations, or other material which relate to the programs and operations with respect to which the Inspector General has responsibilities under this section.

`(C) The level of classification or compartmentation of information shall not, in and of itself, provide a sufficient rationale for denying the Inspector General access to any materials under subparagraph (B).

`(D) Failure on the part of any employee, or any employee of a contractor, of any element of the intelligence community to cooperate with the Inspector General shall be grounds for appropriate administrative actions by the Director or, on the recommendation of the Director, other appropriate officials of the intelligence community, including loss of employment or the termination of an existing contractual relationship.

`(3) The Inspector General is authorized to receive and investigate complaints or information from any person concerning the existence of an activity constituting a violation of laws, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to the public health and safety. Once such complaint or information has been received from an employee of the Federal Government--

`(A) the Inspector General shall not disclose the identity of the employee without the consent of the employee, unless the Inspector General determines that such disclosure is unavoidable during the course of the investigation or the disclosure is made to an official of the Department of Justice responsible for determining whether a prosecution should be undertaken; and

`(B) no action constituting a reprisal, or threat of reprisal, for making such complaint may be taken by any employee in a position to take such actions, unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.

`(4) The Inspector General shall have authority to administer to or take from any person an oath, affirmation, or affidavit, whenever necessary in the performance of the duties of the Inspector General, which oath, affirmation, or affidavit when administered or taken by or before an employee of the Office of the Inspector General of the Intelligence Community designated by the Inspector General shall have the same force and effect as if administered or taken by or before an officer having a seal.

`(5)(A) Except as provided in subparagraph (B), the Inspector General is authorized to require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary in the performance of the duties and responsibilities of the Inspector General.

`(B) In the case of departments, agencies, and other elements of the United States Government, the Inspector General shall obtain information, documents, reports, answers, records, accounts, papers, and other data and evidence for the purpose specified in subparagraph (A) using procedures other than by subpoenas.

`(C) The Inspector General may not issue a subpoena for or on behalf of any other element of the intelligence community, including the Office of the Director of National Intelligence.

`(D) In the case of contumacy or refusal to obey a subpoena issued under this paragraph, the subpoena shall be enforceable by order of any appropriate district court of the United States.

`(g) COORDINATION AMONG INSPECTORS GENERAL OF INTELLIGENCE COMMUNITY- (1) In the event of a matter within the jurisdiction of the Inspector General of the Intelligence Community that may be subject to an investigation, inspection, or audit by both the Inspector General of the Intelligence Community and an Inspector General, whether statutory or administrative, with oversight responsibility for an element or elements of the intelligence community, the Inspector General of the Intelligence Community and such other Inspector or Inspectors General shall expeditiously resolve which Inspector General shall conduct such investigation, inspection, or audit. The Inspector General of the Intelligence Community shall make the final decision on the resolution of such jurisdiction.

`(2) The Inspector General conducting an investigation, inspection, or audit covered by paragraph (1) shall submit the results of such investigation, inspection, or audit to any other Inspector General, including the Inspector General of the Intelligence Community, with jurisdiction to conduct such investigation, inspection, or audit who did not conduct such investigation, inspection, or audit.

`(3) If an investigation, inspection, or audit covered by paragraph (1) is conducted by an Inspector General other than the Inspector General of the Intelligence Community, the Inspector General of the Intelligence Community may, upon completion of such investigation, inspection, or audit by such other Inspector General, conduct under this section a separate investigation, inspection, or audit of the matter concerned if the Inspector General of the Intelligence Community determines that such initial investigation, inspection, or audit was deficient in some manner or that further investigation, inspection, or audit is required.

`(h) STAFF AND OTHER SUPPORT- (1) The Inspector General of the Intelligence Community shall be provided with appropriate and adequate office space at central and field office locations, together with such equipment, office supplies, maintenance services, and communications facilities and services as may be necessary for the operation of such offices.

`(2)(A) Subject to applicable law and the policies of the Director of National Intelligence, the Inspector General shall select, appoint, and employ such officers and employees as may be necessary to carry out the functions of the Inspector General. The Inspector General shall ensure that any officer or employee so selected, appointed, or employed has security clearances appropriate for the assigned duties of such officer or employee.

`(B) In making selections under subparagraph (A), the Inspector General shall ensure that such officers and employees have the requisite training and experience to enable the Inspector General to carry out the duties of the Inspector General effectively.

`(C) In meeting the requirements of this paragraph, the Inspector General shall create within the Office of the Inspector General of the Intelligence Community a career cadre of sufficient size to provide appropriate continuity and objectivity needed for the effective performance of the duties of the Inspector General.

`(3)(A) Subject to the concurrence of the Director, the Inspector General may request such information or assistance as may be necessary for carrying out the duties and responsibilities of the Inspector General from any department, agency, or other element of the United States Government.

`(B) Upon request of the Inspector General for information or assistance under subparagraph (A), the head of the department, agency, or element concerned shall, insofar as is practicable and not in contravention of any existing statutory restriction or regulation of the department, agency, or element, furnish to the Inspector General, or to an authorized designee, such information or assistance.

`(C) Each Inspector General of an element of the intelligence community shall comply fully with a request for information or assistance from the Inspector General of the Intelligence Community.

`(D) The Inspector General of the Intelligence Community may, upon reasonable notice to the head of any element of the intelligence community, conduct, as authorized by this section, an investigation, inspection, or audit of such element and may enter into any place occupied by such element for purposes of the performance of the duties of the Inspector General.

`(i) REPORTS- (1)(A) The Inspector General of the Intelligence Community shall, not later than January 31 and July 31 of each year, prepare and submit to the Director of National Intelligence a classified, and, as appropriate, unclassified semiannual report summarizing the activities of the Office of the Inspector General of the Intelligence Community during the immediately preceding 6-month periods ending December 31 (of the preceding year) and June 30, respectively.

`(B) Each report under this paragraph shall include, at a minimum, the following:

`(i) A list of the title or subject of each investigation, inspection, or audit conducted during the period covered by such report, including a summary of the progress of each particular investigation, inspection, or audit since the preceding report of the Inspector General under this paragraph.

`(ii) A description of significant problems, abuses, and deficiencies relating to the administration and implementation of programs and operations of the intelligence community, and in the relationships between elements of the intelligence community, identified by the Inspector General during the period covered by such report.

`(iii) A description of the recommendations for corrective or disciplinary action made by the Inspector General during the period covered by such report with respect to significant problems, abuses, or deficiencies identified in clause (ii).

`(iv) A statement whether or not corrective or disciplinary action has been completed on each significant recommendation described in previous semiannual reports, and, in a case where corrective action has been completed, a description of such corrective action.

`(v) A certification whether or not the Inspector General has had full and direct access to all information relevant to the performance of the functions of the Inspector General.

`(vi) A description of the exercise of the subpoena authority under subsection (f)(5) by the Inspector General during the period covered by such report.

`(vii) Such recommendations as the Inspector General considers appropriate for legislation to promote economy, efficiency, and effectiveness in the administration and implementation of programs and operations undertaken by the intelligence community, and in the relationships between elements of the intelligence community, and to detect and eliminate fraud and abuse in such programs and operations and in such relationships.

`(C) Not later than the 30 days after the date of receipt of a report under subparagraph (A), the Director shall transmit the report to the congressional intelligence committees together with any comments the Director considers appropriate.

`(2)(A) The Inspector General shall report immediately to the Director whenever the Inspector General becomes aware of particularly serious or flagrant problems, abuses, or deficiencies relating to the administration and implementation of programs or operations of the intelligence community or in the relationships between elements of the intelligence community.

`(B) The Director shall transmit to the congressional intelligence committees each report under subparagraph (A) within seven calendar days of receipt of such report, together with such comments as the Director considers appropriate.

`(3) In the event that--

`(A) the Inspector General is unable to resolve any differences with the Director affecting the execution of the duties or responsibilities of the Inspector General;

`(B) an investigation, inspection, or audit carried out by the Inspector General focuses on any current or former intelligence community official who--

`(i) holds or held a position in an element of the intelligence community that is subject to appointment by the President, whether or not by and with the advice and consent of the Senate, including such a position held on an acting basis;

`(ii) holds or held a position in an element of the intelligence community, including a position held on an acting basis, that is appointed by the Director of National Intelligence; or

`(iii) holds or held a position as head of an element of the intelligence community or a position covered by subsection (b) or (c) of section 106;

`(C) a matter requires a report by the Inspector General to the Department of Justice on possible criminal conduct by a current or former official described in subparagraph (B);

`(D) the Inspector General receives notice from the Department of Justice declining or approving prosecution of possible criminal conduct of any current or former official described in subparagraph (B); or

`(E) the Inspector General, after exhausting all possible alternatives, is unable to obtain significant documentary information in the course of an investigation, inspection, or audit,

the Inspector General shall immediately notify and submit a report on such matter to the congressional intelligence committees.

`(4) Pursuant to title V, the Director shall submit to the congressional intelligence committees any report or findings and recommendations of an investigation, inspection, or audit conducted by the office which has been requested by the Chairman or Vice Chairman or Ranking Minority Member of either committee.

`(5)(A) An employee of an element of the intelligence community, an employee assigned or detailed to an element of the intelligence community, or an employee of a contractor to the intelligence community who intends to report to Congress a complaint or information with respect to an urgent concern may report such complaint or information to the Inspector General.

`(B) Not later than the end of the 14-calendar day period beginning on the date of receipt from an employee of a complaint or information under subparagraph (A), the Inspector General shall determine whether the complaint or information appears credible. Upon making such a determination, the Inspector General shall transmit to the Director a notice of that determination, together with the complaint or information.

`(C) Upon receipt of a transmittal from the Inspector General under subparagraph (B), the Director shall, within seven calendar days of such receipt, forward such transmittal to the congressional intelligence committees, together with any comments the Director considers appropriate.

`(D)(i) If the Inspector General does not find credible under subparagraph (B) a complaint or information submitted under subparagraph (A), or does not transmit the complaint or information to the Director in accurate form under subparagraph (B), the employee (subject to clause (ii)) may submit the complaint or information to Congress by contacting either or both of the congressional intelligence committees directly.

`(ii) An employee may contact the intelligence committees directly as described in clause (i) only if the employee--

`(I) before making such a contact, furnishes to the Director, through the Inspector General, a statement of the employee's complaint or information and notice of the employee's intent to contact the congressional intelligence committees directly; and

`(II) obtains and follows from the Director, through the Inspector General, direction on how to contact the intelligence committees in accordance with appropriate security practices.

`(iii) A member or employee of one of the congressional intelligence committees who receives a complaint or information under clause (i) does so in that member or employee's official capacity as a member or employee of such committee.

`(E) The Inspector General shall notify an employee who reports a complaint or information to the Inspector General under this paragraph of each action taken under this paragraph with respect to the complaint or information. Such notice shall be provided not later than 3 days after any such action is taken.

`(F) An action taken by the Director or the Inspector General under this paragraph shall not be subject to judicial review.

`(G) In this paragraph, the term `urgent concern' means any of the following:

`(i) A serious or flagrant problem, abuse, violation of law or Executive order, or deficiency relating to the funding, administration, or operations of an intelligence activity involving classified information, but does not include differences of opinions concerning public policy matters.

`(ii) A false statement to Congress, or a willful withholding from Congress, on an issue of material fact relating to the funding, administration, or operation of an intelligence activity.

`(iii) An action, including a personnel action described in section 2302(a)(2)(A) of title 5, United States Code, constituting reprisal or threat of reprisal prohibited under subsection (f)(3)(B) of this section in response to an employee's reporting an urgent concern in accordance with this paragraph.

`(H) In support of this paragraph, Congress makes the findings set forth in paragraphs (1) through (6) of section 701(b) of the Intelligence Community Whistleblower Protection Act of 1998 (title VII of Public Law 105-272; 5 U.S.C. App. 8H note).

`(6) In accordance with section 535 of title 28, United States Code, the Inspector General shall report to the Attorney General any information, allegation, or complaint received by the Inspector General relating to violations of Federal criminal law that involves a program or operation of an element of the intelligence community, or in the relationships between the elements of the intelligence community, consistent with such guidelines as may be issued by the Attorney General pursuant to subsection (b)(2) of such section. A copy of each such report shall be furnished to the Director.

`(j) SEPARATE BUDGET ACCOUNT- The Director of National Intelligence shall, in accordance with procedures to be issued by the Director in consultation with the congressional intelligence committees, include in the National Intelligence Program budget a separate account for the Office of Inspector General of the Intelligence Community.

`(k) CONSTRUCTION OF DUTIES REGARDING ELEMENTS OF INTELLIGENCE COMMUNITY- Except as resolved pursuant to subsection (g), the performance by the Inspector General of the Intelligence Community of any duty, responsibility, or function regarding an element of the intelligence community shall not be construed to modify or effect the duties and responsibilities of any other Inspector General, whether statutory or administrative, having duties and responsibilities relating to such element.'.

(2) The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 103G the following new item:

`Sec. 103H. Inspector General of the Intelligence Community.'.

(b) REPEAL OF SUPERSEDED AUTHORITY TO ESTABLISH POSITION- Section 8K of the Inspector General Act of 1978 (5 U.S.C. App.) is repealed.

(c) EXECUTIVE SCHEDULE LEVEL IV- Section 5314 of title 5, United States Code, is amended by adding at the end the following new item:

`Inspector General of the Intelligence Community.'.

(d) PLACEMENT WITHIN OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE- Section 103(c) of the National Security Act of 1947 (50 U.S.C. 403-3(c)) is amended--

(1) by redesignating paragraph (9) as paragraph (11); and

(2) by inserting after paragraph (8) the following new paragraphs:

`(9) The Chief Information Officer of the Intelligence Community.

`(10) The Office of the Inspector General of the Intelligence Community.'.

SEC. 409. LEADERSHIP AND LOCATION OF NATIONAL COUNTER PROLIFERATION CENTER.

(a) IN GENERAL- Section 119A(a) of the National Security Act of 1947 (50 U.S.C. 404o-1(a)) is amended--

(1) by striking `Not later than 18 months after the date of the enactment of this Act, the' and inserting `(1) The'; and

(2) by adding at the end the following new paragraphs:

`(2) The head of the National Counter Proliferation Center shall be the Director of the National Counter Proliferation Center, who shall be appointed by the Director of National Intelligence.

`(3) The National Counter Proliferation Center shall be located within the Office of the Director of National Intelligence.'.

(b) CONFORMING AMENDMENT- Section 103(c) of that Act (50 U.S.C. 403-3(c)), as amended by section 408(d) of this Act, is further amended--

(1) by redesignating paragraph (11) as paragraph (12); and

(2) by inserting after paragraph (10) the following new paragraph (11):

`(11) The Director of the National Counter Proliferation Center.'.

SEC. 410. OPERATIONAL FILES IN THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.

(a) IN GENERAL- Title VII of the National Security Act of 1947 (50 U.S.C. 431 et seq.) is amended by inserting before section 701 the following new section:

`OPERATIONAL FILES IN THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

`SEC. 700. (a) EXEMPTION OF CERTAIN FILES FROM SEARCH, REVIEW, PUBLICATION, OR DISCLOSURE- (1) Information and records described in paragraph (2) shall be exempt from the provisions of section 552 of title 5, United States Code, that require search, review, publication, or disclosure in connection therewith when--

`(A) such information or records are not disseminated outside the Office of the Director of National Intelligence; or

`(B) such information or records are incorporated into new information or records created by personnel of the Office in a manner that identifies such new information or records as incorporating such information or records and such new information or records are not disseminated outside the Office.

`(2) Information and records described in this paragraph are the following:

`(A) Information disseminated or otherwise provided to an element of the Office of the Director of National Intelligence from the operational files of an element of the intelligence community that have been exempted from search, review, publication, or disclosure in accordance with this title or any other provision of law.

`(B) Any information or records created by the Office that incorporate information described in subparagraph (A).

`(3) An operational file of an element of the intelligence community from which information described in paragraph (2)(A) is disseminated or provided to the Office of the Director of National Intelligence as described in that paragraph shall remain exempt from search, review, publication, or disclosure under section 552 of title 5, United States Code, to the extent the operational files from which such information was derived remain exempt from search, review, publication, or disclosure under section 552 of such title.

`(b) SEARCH AND REVIEW OF CERTAIN FILES- Information disseminated or otherwise provided to the Office of the Director of National Intelligence by another element of the intelligence community that is not exempt from search, review, publication, or disclosure under subsection (a), and that is authorized to be disseminated outside the Office, shall be subject to search and review under section 552 of title 5, United States Code, but may remain exempt from publication and disclosure under such section by the element disseminating or providing such information to the Office to the extent authorized by such section.

`(c) SEARCH AND REVIEW FOR CERTAIN PURPOSES- Notwithstanding subsection (a), exempted operational files shall continue to be subject to search and review for information concerning any of the following:

`(1) United States citizens or aliens lawfully admitted for permanent residence who have requested information on themselves pursuant to the provisions of section 552 or 552a of title 5, United States Code.

`(2) Any special activity the existence of which is not exempt from disclosure under the provisions of section 552 of title 5, United States Code.

`(3) The specific subject matter of an investigation by any of the following for any impropriety, or violation of law, Executive order, or Presidential directive, in the conduct of an intelligence activity:

`(A) The Select Committee on Intelligence of the Senate.

`(B) The Permanent Select Committee on Intelligence of the House of Representatives.

`(C) The Intelligence Oversight Board.

`(D) The Department of Justice.

`(E) The Office of the Director of National Intelligence.'.

(b) CLERICAL AMENDMENT- The table of contents in the first section of that Act is amended by inserting before the item relating to section 701 the following new item:

`Sec. 700. Operational files in the Office of the Director of National Intelligence.'.

SEC. 411. ELIGIBILITY FOR INCENTIVE AWARDS OF PERSONNEL ASSIGNED TO THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.

(a) IN GENERAL- Subsection (a) of section 402 of the Intelligence Authorization Act for Fiscal Year 1984 (50 U.S.C. 403e-1) is amended to read as follows:

`(a) AUTHORITY FOR PAYMENT OF AWARDS- (1) The Director of National Intelligence may exercise the authority granted in section 4503 of title 5, United States Code, with respect to Federal employees and members of the Armed Forces detailed or assigned to the Office of the Director of National Intelligence in the same manner as such authority may be exercised with respect to personnel of the Office.

`(2) The Director of the Central Intelligence Agency may exercise the authority granted in section 4503 of title 5, United States Code, with respect to Federal employees and members of the Armed Forces detailed or assigned to the Central Intelligence Agency in the same manner as such authority may be exercised with respect to personnel of the Agency.'.

(b) REPEAL OF OBSOLETE AUTHORITY- That section is further amended--

(1) by striking subsection (c); and

(2) by redesignating subsection (d) as subsection (c).

(c) CONFORMING AMENDMENTS- That section is further amended--

(1) in subsection (b), by striking `to the Central Intelligence Agency or to the Intelligence Community Staff' and inserting `to the Office of the Director of National Intelligence or to the Central Intelligence Agency'; and

(2) in subsection (c), as redesignated by subsection (b)(2) of this section, by striking `Director of Central Intelligence' and inserting `Director of National Intelligence or Director of the Central Intelligence Agency'.

(d) TECHNICAL AND STYLISTIC AMENDMENTS- That section is further amended--

(1) in subsection (b)--

(A) by inserting `PERSONNEL ELIGIBLE FOR AWARDS- ' after `(b)';

(B) by striking `subsection (a) of this section' and inserting `subsection (a)'; and

(C) by striking `a date five years before the date of enactment of this section' and inserting `December 9, 1978'; and

(2) in subsection (c), as so redesignated, by inserting `PAYMENT AND ACCEPTANCE OF AWARDS- ' after `(c)'.

SEC. 412. REPEAL OF CERTAIN AUTHORITIES RELATING TO THE OFFICE OF THE NATIONAL COUNTERINTELLIGENCE EXECUTIVE.

(a) REPEAL OF CERTAIN AUTHORITIES- Section 904 of the Counterintelligence Enhancement Act of 2002 (title IX of Public Law 107-306; 50 U.S.C. 402c) is amended--

(1) by striking subsections (d), (g), (h), (i), and (j); and

(2) by redesignating subsections (e), (f), (k), (l), and (m) as subsections (d), (e), (f), (g), and (h), respectively.

(b) CONFORMING AMENDMENTS- That section is further amended--

(1) in subsection (d), as redesignated by subsection (a)(2) of this section, by striking `subsection (f)' each place it appears in paragraphs (1) and (2) and inserting `subsection (e)'; and

(2) in subsection (f)(2), as so redesignated, by striking `subsection (e)(2)' and inserting `subsection (d)(2)'.

SEC. 413. INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT TO ADVISORY COMMITTEES OF THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.

Section 4(b) of the Federal Advisory Committee Act (5 U.S.C. App.) is amended--

(1) in paragraph (1), by striking `or';

(2) in paragraph (2), by striking the period and inserting `; or'; and

(3) by adding at the end the following new paragraph:

`(3) the Office of the Director of National Intelligence.'.

SEC. 414. MEMBERSHIP OF THE DIRECTOR OF NATIONAL INTELLIGENCE ON THE TRANSPORTATION SECURITY OVERSIGHT BOARD.

Subparagraph (F) of section 115(b)(1) of title 49, United States Code, is amended to read as follows:

`(F) The Director of National Intelligence, or the Director's designee.'.

SEC. 415. TEMPORARY INAPPLICABILITY TO THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE OF CERTAIN FINANCIAL REPORTING REQUIREMENTS.

(a) IN GENERAL- The Director of National Intelligence shall not be required to submit an audited financial statement under section 3515 of title 31, United States Code, for the Office of the Director of National Intelligence with respect to fiscal year 2005, 2006, or 2007.

(b) SENSE OF CONGRESS- It is the sense of Congress that the Director of National Intelligence should make every effort to comply with the requirements of section 3515 of title 31, United States Code, at the earliest possible date, notwithstanding the exemption in subsection (a).

SEC. 416. APPLICABILITY OF THE PRIVACY ACT TO THE DIRECTOR OF NATIONAL INTELLIGENCE AND THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.

(a) AUTHORITY TO EXEMPT- The Director of National Intelligence may prescribe regulations to exempt any system of records within the Office of the Director of National Intelligence from the applicability of the provisions of subsections (c)(3), (c)(4), and (d) of section 552a of title 5, United States Code.

(b) PROMULGATION REQUIREMENTS- In prescribing any regulations under subsection (a), the Director shall comply with the requirements (including general notice requirements) of subsections (b), (c), and (e) of section 553 of title 5, United States Code.

SEC. 417. TEMPORARY EXEMPTION FROM PERSONNEL LIMITS OF CERTAIN OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE PERSONNEL ASSIGNED TO THE NATIONAL COUNTERTERRORISM CENTER.

(a) EXEMPTION- Any personnel position in the Office of the Director of National Intelligence that is held by an employee of the Office of the Director of National Intelligence who is assigned on a full-time basis to the National Counterterrorism Center shall not be counted against any limitation applicable to new personnel positions within the Office of the Director of National Intelligence under section 1096 of the National Security Intelligence Reform Act of 2004 (title I of Public Law 108-458; 118 Stat. 3698; 50 U.S.C. 401 note).

(b) APPLICABILITY- Subsection (a) shall apply during fiscal years 2005 and 2006.

Subtitle B--Central Intelligence Agency

SEC. 421. DIRECTOR AND DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY.

(a) APPOINTMENT OF DIRECTOR OF CENTRAL INTELLIGENCE AGENCY- Section 104A(a) of the National Security Act of 1947 (50 U.S.C. 403-4a(a)) is amended by inserting `from civilian life' after `who shall be appointed'.

(b) ESTABLISHMENT OF POSITION OF DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE AGENCY- Such section is further amended--

(1) by redesignating subsections (b), (c), (d), (e), (f), and (g) as subsections (c), (d), (e), (f), (g), and (h), respectively; and

(2) by inserting after subsection (a) the following new subsection (b):

`(b) DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE AGENCY- (1) There is a Deputy Director of the Central Intelligence Agency who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.

`(2) The Deputy Director of the Central Intelligence Agency shall assist the Director of the Central Intelligence Agency in carrying out the duties and responsibilities of the Director.

`(3) The Deputy Director of the Central Intelligence Agency shall act for, and exercise the powers of, the Director of the Central Intelligence Agency during the absence or disability of the Director of the Central Intelligence Agency or during a vacancy in the position of Director of the Central Intelligence Agency.'.

(c) CONFORMING AMENDMENT- Paragraph (2) of subsection (d) of such section, as redesignated by subsection (b)(1) of this section, is further amended by striking `subsection (d)' and inserting `subsection (e)'.

(d) EXECUTIVE SCHEDULE LEVEL III- Section 5314 of title 5, United States Code, is amended by adding at the end the following new item:

`Deputy Director of the Central Intelligence Agency.'.

(e) ROLE OF DNI IN APPOINTMENT- Section 106(a)(2) of the National Security Act of 1947 (50 U.S.C. 403-6) is amended by adding at the end the following new subparagraph:

`(C) The Deputy Director of the Central Intelligence Agency.'.

(f) MILITARY STATUS OF INDIVIDUAL ADMINISTRATIVELY PERFORMING DUTIES OF DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE AGENCY- (1) The commissioned officer of the Armed Forces who is engaged in administrative performance of the duties of Deputy Director of the Central Intelligence Agency as of the date of the enactment of this Act shall not, while continuing in the administrative performance of such duties after that date--

(A) be subject to supervision or control by the Secretary of Defense or by any officer or employee of the Department of Defense; or

(B) exercise, by reason of the officer's status as a commissioned officer, any supervision or control with respect to any of the military or civilian personnel of the Department of Defense except as otherwise authorized by law.

(2) Except as provided in subparagraph (A) or (B) of paragraph (1), the administrative performance of duties described in that paragraph by the officer described in that paragraph shall not affect the status, position, rank, or grade of the officer in the Armed Forces, or any emolument, perquisite, right, privilege, or benefit incident to or arising out of such status, position, rank, or grade.

(3) The commissioned officer described in paragraph (1), while continuing in the administrative performance of duties as described in that paragraph and while remaining on active duty, shall continue to receive military pay and allowances. Funds from which such pay and allowances are paid shall be reimbursed from funds available to the Director of the Central Intelligence Agency.

(g) EFFECTIVE DATE AND APPLICABILITY- The amendments made by subsections (b) through (e) shall take effect on the date of the enactment of this Act and shall apply upon the earlier of--

(1) the date of the nomination by the President of an individual to serve as Deputy Director of the Central Intelligence Agency, except that the individual administratively performing the duties of the Deputy Director of the Central Intelligence Agency as of the date of the enactment of this Act may continue to perform such duties after such date of nomination and until the individual appointed to the position of Deputy Director of the Central Intelligence Agency, by and with the advice and consent of the Senate, assumes the duties of such position; or

(2) the date of the cessation of the performance of the duties of Deputy Director of the Central Intelligence Agency by the individual administratively performing such duties as of the date of the enactment of this Act.

SEC. 422. ENHANCED PROTECTION OF CENTRAL INTELLIGENCE AGENCY INTELLIGENCE SOURCES AND METHODS FROM UNAUTHORIZED DISCLOSURE.

(a) RESPONSIBILITY OF DIRECTOR OF CENTRAL INTELLIGENCE AGENCY UNDER NATIONAL SECURITY ACT OF 1947- Subsection (e) of section 104A of the National Security Act of 1947 (50 U.S.C. 403-4a), as amended by section 403(b) of this Act and redesignated by section 421(b)(1) of this Act, is further amended--

(1) in paragraph (2), by striking `and' at the end;

(2) by redesignating paragraph (3) as paragraph (4); and

(3) by inserting after paragraph (2) the following new paragraph (3):

`(3) protect intelligence sources and methods of the Central Intelligence Agency from unauthorized disclosure, consistent with any direction issued by the President or the Director of National Intelligence; and'.

(b) PROTECTION UNDER CENTRAL INTELLIGENCE AGENCY ACT OF 1949- Section 6 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403g) is amended by striking `section 102A(i)' and all that follows through `unauthorized disclosure' and inserting `sections 102A(i) and 104A(e)(3) of the National Security Act of 1947 (50 U.S.C. 403-1(i), 403-4a(e)(3))'.

(c) CONSTRUCTION WITH EXEMPTION FROM REQUIREMENT FOR DISCLOSURE OF INFORMATION TO PUBLIC- Section 104A(e)(3) of the National Security Act of 1947, as amended by subsection (a), and section 6 of the Central Intelligence Agency Act of 1949, as amended by subsection (b), shall be treated as statutes that specifically exempt from disclosure the matters specified in such sections for purposes of section 552(b)(3) of title 5, United States Code.

SEC. 423. ADDITIONAL EXCEPTION TO FOREIGN LANGUAGE PROFICIENCY REQUIREMENT FOR CERTAIN SENIOR LEVEL POSITIONS IN THE CENTRAL INTELLIGENCE AGENCY.

(a) ADDITIONAL EXCEPTION- Subsection (h) of section 104A of the National Security Act of 1947 (50 U.S.C. 403-4a), as redesignated by section 421(b)(1) of this Act, is further amended--

(1) in paragraph (1), by striking `paragraph (2)' and inserting `paragraphs (2) and (3)';

(2) in paragraph (2), by striking `position or category of positions' each place it appears and inserting `individual, individuals, position, or category of positions'; and

(3) by adding at the end the following new paragraph:

`(3) Paragraph (1) shall not apply to any individual in the Directorate of Intelligence or the Directorate of Operations of the Central Intelligence Agency who is serving in a Senior Intelligence Service position as of December 23, 2004, regardless of whether such individual is a member of the Senior Intelligence Service.'.

(b) REPORT ON WAIVERS- Section 611(c) of the Intelligence Authorization Act for Fiscal Year 2005 (Public Law 108-487; 118 Stat. 3955) is amended--

(1) in the first sentence--

(A) by inserting `individuals or' before `positions'; and

(B) by striking `section 104A(g) of the National Security Act of 1947, as added by subsection (a)' and inserting `section 104A(h) of the National Security Act of 1947, as added by subsection (a) and redesignated by section 421(b)(1) of the Intelligence Authorization Act for Fiscal Year 2006'; and

(2) in the second sentence--

(A) by striking `section 104A(g)(2), as so added' and inserting `section 104A(h)(2), as so added and redesignated'; and

(B) by striking `position or category of positions' and inserting `individual, individuals, position, or category of positions'.

SEC. 424. EXCLUSION OF THE CENTRAL INTELLIGENCE AGENCY FROM ANNUAL REPORT ON IMPROVEMENT OF FINANCIAL STATEMENTS FOR AUDITING PURPOSES.

Section 114A of the National Security Act of 1947 (50 U.S.C. 404i-1) is amended by striking `the Director of the Central Intelligence Agency,'.

SEC. 425. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR PROTECTIVE PERSONNEL OF THE CENTRAL INTELLIGENCE AGENCY.

Section 5(a)(4) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403f(a)(4)) is amended--

(1) by inserting `(A)' after `(4)';

(2) in subparagraph (A), as so designated--

(A) by striking `and the protection' and inserting `the protection'; and

(B) by striking the semicolon and inserting `, and the protection of the Director of National Intelligence and such personnel of the Office of the Director of National Intelligence as the Director of National Intelligence may designate; and'; and

(2) by adding at the end the following new subparagraph:

`(B) Authorize personnel engaged in the performance of protective functions authorized pursuant to subparagraph (A), when engaged in the performance of such functions, to make arrests without warrant for any offense against the United States committed in the presence of such personnel, or for any felony cognizable under the laws of the United States, if such personnel have reasonable grounds to believe that the person to be arrested has committed or is committing such felony, except that any authority pursuant to this subparagraph may be exercised only in accordance with guidelines approved by the Director and the Attorney General and such personnel may not exercise any authority for the service of civil process or for the investigation of criminal offenses;'.

SEC. 426. MODIFICATION OF EXCLUSION OF MILITARY OFFICER SERVING AS ASSOCIATE DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY FOR MILITARY SUPPORT FROM OFFICER STRENGTH AND DISTRIBUTION-IN-GRADE LIMITATIONS.

(a) IN GENERAL- Section 528 of title 10, United States Code, is amended to read as follows:

`Sec. 528. Exclusion: officer serving as Associate Director of the Central Intelligence Agency for Military Support

`An officer of the armed forces assigned to the position of Associate Director of the Central Intelligence Agency for Military Support, while serving in that position, shall not be counted against the numbers and percentages of the grade of that officer authorized for that officer's armed force.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 32 of such title is amended by striking the item relating to section 528 and inserting the following new item:

`528. Exclusion: officer serving as Associate Director of the Central Intelligence Agency for Military Support.'.

Subtitle C--Defense Intelligence Components

SEC. 431. MODIFICATION OF REQUIREMENTS ON DISCLOSURE OF GOVERNMENTAL AFFILIATION BY DEPARTMENT OF DEFENSE INTELLIGENCE PERSONNEL.

(a) DISCLOSURE- Subsection (a) of section 503 of the Intelligence Authorization Act for Fiscal Year 1995 (Public Law 103-359; 108 Stat. 3430; 10 U.S.C. 424 note) is amended--

(1) by striking `Notwithstanding' and inserting `(1) Except as provided in paragraph (2) and notwithstanding';

(2) in paragraph (1), as so designated--

(A) by striking `intelligence' the second place it appears and inserting `foreign intelligence'; and

(B) by striking `an initial assessment contact outside the United States' and inserting `assessment contacts'; and

(3) by adding at the end the following new paragraph:

`(2) Intelligence personnel described in paragraph (1) shall be required, when making an assessment contact within the United States, to give notice of governmental affiliation to potential sources who are United States persons unless the Director of the Defense Intelligence Agency, or the single designee of the Director, determines that--

`(A) foreign intelligence, counterintelligence, security, or other operational concerns require that such notice not be given; and

`(B) such assessment contact is undertaken for the purpose of determining whether such United States person possesses, or has access to, foreign intelligence information, and whether such United States person is credible or suitable as a source, provided that no assessment contact shall be undertaken under this section for the purpose of acquiring information concerning the domestic activities of any United States person.'.

(b) INFORMATION IN RECORDS- Subsection (b) of such section is amended by striking the second sentence and inserting the following new sentence: `Such records shall include the authority under which the information was collected, any interagency coordination required before the contact, a brief description of such coordination, the basis for not disclosing governmental affiliation (if not disclosed), the nature of the information obtained from any United States person as a result of the contact, and whether any assessment contacts beyond an initial assessment contact resulted with the person concerned.'.

(c) CONFORMING AMENDMENT- The heading of such section is amended by striking `outside of the united states'.

(d) ASSESSMENT CONTACTS- (1) The Director of National Intelligence shall examine the legal and regulatory requirements or guidelines applicable to assessment contacts in order to determine whether such requirements or guidelines should be modified to ensure that appropriate protections are afforded United States persons in such contacts after the amendments made by this section come into effect.

(2) If the Director determines as a result of the examination required by paragraph (1) that the requirements or guidelines described in that paragraph should be modified as specified in that paragraph, the Director shall so modify such requirements or regulations.

(3) Nothing in this section or the amendments made by this section shall be deemed or construed to constitute authority for the collection, retention, or dissemination of information concerning United States persons not otherwise authorized by law or Executive order.

SEC. 432. ENHANCEMENTS OF NATIONAL SECURITY AGENCY TRAINING PROGRAM.

(a) TERMINATION OF EMPLOYEES- Subsection (d)(1)(C) of section 16 of the National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended by striking `terminated either by' and all that follows and inserting `terminated--

`(i) by the Agency due to misconduct by the employee;

`(ii) by the employee voluntarily; or

`(iii) by the Agency for the failure of the employee to maintain such level of academic standing in the educational course of training as the Director of the National Security Agency shall have specified in the agreement of the employee under this subsection; and'.

(b) AUTHORITY TO WITHHOLD DISCLOSURE OF AFFILIATION WITH NSA- Subsection (e) of such section is amended by striking `(1) When an employee' and all that follows through `(2) Agency efforts' and inserting `Agency efforts'.

SEC. 433. CODIFICATION OF AUTHORITIES OF NATIONAL SECURITY AGENCY PROTECTIVE PERSONNEL.

The National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended by adding at the end the following new section:

`SEC. 20. (a) The Director is authorized to designate personnel of the Agency to perform protective functions for the Director and for any personnel of the Agency designated by the Director.

`(b)(1) In the performance of protective functions under this section, personnel of the Agency designated to perform protective functions pursuant to subsection (a) are authorized, when engaged in the performance of such functions, to make arrests without a warrant for--

`(A) any offense against the United States committed in the presence of such personnel; or

`(B) any felony cognizable under the laws of the United States if such personnel have reasonable grounds to believe that the person to be arrested has committed or is committing such felony.

`(2) The authority in paragraph (1) may be exercised only in accordance with guidelines approved by the Director and the Attorney General.

`(3) Personnel of the Agency designated to perform protective functions pursuant to subsection (a) shall not exercise any authority for the service of civil process or the investigation of criminal offenses.

`(c) Nothing in this section shall be construed to impair or otherwise affect any authority under any other provision of law relating to the performance of protective functions.'.

SEC. 434. PROTECTION OF OPERATIONAL FILES OF THE DEFENSE INTELLIGENCE AGENCY.

(a) IN GENERAL- Title VII of the National Security Act of 1947 (50 U.S.C. 431 et seq.) is amended by adding at the end the following new section:

`OPERATIONAL FILES OF THE DEFENSE INTELLIGENCE AGENCY

`SEC. 705. (a) EXEMPTION OF CERTAIN OPERATIONAL FILES FROM SEARCH, REVIEW, PUBLICATION, OR DISCLOSURE- Operational files of the Defense Intelligence Agency may be exempted by the Director of the Defense Intelligence Agency, in coordination with the Director of National Intelligence, from the provisions of section 552 of title 5, United States Code, which require publication, disclosure, search, or review in connection therewith.

`(b) OPERATIONAL FILES DEFINED- (1) In this section, the term `operational files' means--

`(A) files of the Directorate of Human Intelligence of the Defense Intelligence Agency, or its successor organizations, which document the conduct of foreign intelligence or counterintelligence operations, intelligence or security liaison arrangements, or information exchanges with foreign governments or their intelligence or security services; and

`(B) files of the Directorate of Technology of the Defense Intelligence Agency, or its successor organizations, which document the means by which foreign intelligence or counterintelligence is collected through technical systems.

`(2) Files which are the sole repository of disseminated intelligence are not operational files.

`(c) SEARCH AND REVIEW FOR INFORMATION- Notwithstanding subsection (a), exempted operational files shall continue to be subject to search and review for information concerning any of the following:

`(1) United States citizens or aliens lawfully admitted for permanent residence who have requested information on themselves pursuant to the provisions of section 552 or 552a of title 5, United States Code.

`(2) Any special activity the existence of which is not exempt from disclosure under the provisions of section 552 of title 5, United States Code.

`(3) The specific subject matter of an investigation by any of the following for any impropriety, or violation of law, Executive order, or Presidential directive, in the conduct of an intelligence activity:

`(A) The Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.

`(B) The Committee on Armed Services and the Select Committee on Intelligence of the Senate.

`(C) The Intelligence Oversight Board.

`(D) The Department of Justice.

`(E) The Office of the Director of the Defense Intelligence Agency.

`(F) The Office of the Director of National Intelligence.

`(G) The Office of General Counsel of the Defense Intelligence Agency.

`(H) The Office of General Counsel of the Department of Defense.

`(I) The Office of the General Counsel of the Office of the Director of National Intelligence.

`(J) The Office of Inspector General of the Defense Intelligence Agency.

`(K) The Office of Inspector General of the Department of Defense.

`(L) The Office of Inspector General of the Intelligence Community.

`(d) INFORMATION DERIVED OR DISSEMINATED FROM EXEMPTED OPERATIONAL FILES- (1) Files that are not exempted under subsection (a) which contain information derived or disseminated from exempted operational files shall be subject to search and review.

`(2) The inclusion of information from exempted operational files in files that are not exempted under subsection (a) shall not affect the exemption under subsection (a) of the originating operational files from search, review, publication, or disclosure.

`(3) Records from exempted operational files which have been disseminated to and referenced in files that are not exempted under subsection (a) and which have been returned to exempted operational files for sole retention shall be subject to search and review.

`(e) SUPERSEDURE OF OTHER LAWS- The provisions of subsection (a) shall not be superseded except by a provision of law which is enacted after the date of the enactment of this section and that specifically cites and repeals or modifies such provisions.

`(f) ALLEGATION; IMPROPER WITHHOLDING OF RECORDS; JUDICIAL REVIEW- (1) Whenever any person who has requested agency records under section 552 of title 5, United States Code, alleges that the Defense Intelligence Agency has improperly withheld records because of failure to comply with any provision of this section, judicial review shall be available under the terms set forth in section 552(a)(4)(B) of title 5, United States Code, except as provided in paragraph (2).

`(2) Any judicial review under paragraph (1) shall proceed under the terms set forth in section 552(a)(4)(B) of title 5, United States Code, except as follows:

`(A) In any case in which information specifically authorized under criteria established by an Executive Order to be kept secret in the interest of national defense or foreign relations which is filed with, or produced for, the court by the Defense Intelligence Agency, such information shall be examined ex parte, in camera by the court.

`(B) The court shall, to the fullest extent practicable, determine issues of fact based on sworn written submissions of the parties.

`(C) When a complaint alleges that requested records were improperly withheld because of improper placement solely in exempted operational files, the complainant shall support such allegation with a sworn written submission, based upon personal knowledge or otherwise admissible evidence.

`(D)(i) When a complainant alleges that requested records were improperly withheld because of improper exemption of operational files, the Defense Intelligence Agency shall meet its burden under section 552(a)(4)(B) of title 5, United States Code, by demonstrating to the court by sworn written submission that exempted operational files likely to contain responsive records currently perform the functions set forth in subsection (b).

`(ii) The court may not order the Defense Intelligence Agency to review the content of any exempted operational file or files in order to make the demonstration required under subparagraph (A) unless the complainant disputes the Defense Intelligence Agency's showing with a sworn written submission based on personal knowledge or otherwise admissible evidence.

`(E) In proceedings under subparagraphs (C) and (D), the parties shall not obtain discovery pursuant to rules 26 through 36 of the Federal Rules of Civil Procedure, except that requests for admission may be made pursuant to rules 26 and 36.

`(F) If the court finds under this subsection that the Defense Intelligence Agency has improperly withheld requested records because of failure to comply with any provision of this section, the court shall order the Defense Intelligence Agency to search and review the appropriate exempted operational file or files for the requested records and make such records, or portions thereof, available in accordance with the provisions of section 552 of title 5, United States Code, and such order shall be the exclusive remedy for failure to comply with this section.

`(G) If at any time following the filing of a complaint pursuant to this subsection the Defense Intelligence Agency agrees to search the appropriate exempted operational file or files for the requested records, the court shall dismiss the claim based upon such complaint.

`(H) Any information filed with or produced for the court pursuant to subparagraphs (A) and (D) shall be coordinated with the Director of National Intelligence before submission to the court.

`(g) DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES- (1) Not less than once every 10 years, the Director of the Defense Intelligence Agency and the Director of National Intelligence shall review the exemptions in force under subsection (a) to determine whether such exemptions may be removed from any category of exempted files or any portion thereof. The Director of National Intelligence must approve any determination to remove such exemptions.

`(2) The review required by paragraph (1) shall include consideration of the historical value or other public interest in the subject matter of the particular category of files or portions thereof and the potential for declassifying a significant part of the information contained therein.

`(3) A complainant who alleges that the Defense Intelligence Agency has improperly withheld records because of failure to comply with this subsection may seek judicial review in the district court of the United States of the district in which any of the parties reside, or in the District of Columbia. In such a proceeding, the court's review shall be limited to determining the following:

`(A) Whether the Defense Intelligence Agency has conducted the review required by paragraph (1) before the expiration of the 10-year period beginning on the date of the enactment of this section or before the expiration of the 10-year period beginning on the date of the most recent review.

`(B) Whether the Defense Intelligence Agency, in fact, considered the criteria set forth in paragraph (2) in conducting the required review.'.

(b) CLERICAL AMENDMENT- The table of contents in the first section of that Act is amended by inserting after the item relating to section 704 the following new item:

`Sec. 705. Operational files of the Defense Intelligence Agency.'.

SEC. 435. INSPECTOR GENERAL MATTERS.

(a) COVERAGE UNDER INSPECTOR GENERAL ACT OF 1978- Subsection (a)(2) of section 8G of the Inspector General Act of 1978 (5 U.S.C. App. 8G) is amended--

(1) by inserting `the Defense Intelligence Agency,' after `the Corporation for Public Broadcasting,';

(2) by inserting `the National Geospatial-Intelligence Agency,' after `the National Endowment for the Arts,'; and

(3) by inserting `the National Reconnaissance Office, the National Security Agency,' after `the National Labor Relations Board,'.

(b) CERTAIN DESIGNATIONS UNDER INSPECTOR GENERAL ACT OF 1978- Subsection (a) of section 8H of the Inspector General Act of 1978 (5 U.S.C. App. 8H) is amended by adding at the end the following new paragraph:

`(3) The Inspectors General of the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Reconnaissance Office, and the National Security Agency shall be designees of the Inspector General of the Department of Defense for purposes of this section.'.

(c) POWER OF HEADS OF ELEMENTS OVER INVESTIGATIONS- Subsection (d) of section 8G of that Act--

(1) by inserting `(1)' after `(d)';

(2) in the second sentence of paragraph (1), as designated by paragraph (1) of this subsection, by striking `The head' and inserting `Except as provided in paragraph (2), the head'; and

(3) by adding at the end the following new paragraph:

`(2)(A) The Director of National Intelligence or the Secretary of Defense may prohibit the Inspector General of an element of the intelligence community specified in subparagraph (D) from initiating, carrying out, or completing any audit or investigation if the Director or the Secretary, as the case may be, determines that the prohibition is necessary to protect vital national security interests of the United States.

`(B) If the Director or the Secretary exercises the authority under subparagraph (A), the Director or the Secretary, as the case may be, shall submit to the committees of Congress specified in subparagraph (E) an appropriately classified statement of the reasons for the exercise of the authority not later than seven days after the exercise of the authority.

`(C) At the same time the Director or the Secretary submits under subparagraph (B) a statement on the exercise of the authority in subparagraph (A) to the committees of Congress specified in subparagraph (E), the Director or the Secretary, as the case may be, shall notify the Inspector General of such element of the submittal of such statement and, to the extent consistent with the protection of intelligence sources and methods, provide the Inspector General with a copy of such statement. The Inspector General may submit to such committees of Congress any comments on a notice or statement received by the Inspector General under this subparagraph that the Inspector General considers appropriate.

`(D) The elements of the intelligence community specified in this subparagraph are as follows:

`(i) The Defense Intelligence Agency.

`(ii) The National Geospatial-Intelligence Agency.

`(iii) The National Reconnaissance Office.

`(iv) The National Security Agency.

`(E) The committees of Congress specified in this subparagraph are--

`(i) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and

`(ii) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.'.

SEC. 436. CONFIRMATION OF APPOINTMENT OF HEADS OF CERTAIN COMPONENTS OF THE INTELLIGENCE COMMUNITY.

(a) DIRECTOR OF NATIONAL SECURITY AGENCY- The National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended by inserting after the first section the following new section:

`SEC. 2. (a) There is a Director of the National Security Agency.

`(b) The Director of the National Security Agency shall be appointed by the President, by and with the advice and consent of the Senate.

`(c) The Director of the National Security Agency shall be the head of the National Security Agency and shall discharge such functions and duties as are provided by this Act or otherwise by law.'.

(b) DIRECTOR OF NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY- Section 441(b) of title 10, United States Code, is amended--

(1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

(2) by inserting after paragraph (1) the following new paragraph (2):

`(2) The Director of the National Geospatial Intelligence Agency shall be appointed by the President, by and with the advice and consent of the Senate.'.

(c) DIRECTOR OF NATIONAL RECONNAISSANCE OFFICE- The Director of the National Reconnaissance Office shall be appointed by the President, by and with the advice and consent of the Senate.

(d) EFFECTIVE DATE AND APPLICABILITY- The amendments made by subsections (a) and (b), and subsection (c), shall take effect on the date of the enactment of this Act and shall apply upon the earlier of--

(1) the date of the nomination by the President of an individual to serve in the position concerned, except that the individual serving in such position as of the date of the enactment of this Act may continue to perform such duties after such date of nomination and until the individual appointed to such position, by and with the advice and consent of the Senate, assumes the duties of such position; or

(2) the date of the cessation of the performance of the duties of such position by the individual performing such duties as of the date of the enactment of this Act.

SEC. 437. SECURITY CLEARANCES IN THE NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.

(a) IN GENERAL- Subject to subsection (b), the Director of National Intelligence or the Secretary of Defense, or the Director of the National Geospatial-Intelligence Agency upon the delegation of either such official, may utilize with respect to the personnel of the National Geospatial-Intelligence Agency any security clearance authority (including any authority relating to the use of contractor personnel in investigations or adjudications for security clearances) that is available to the Director of National Intelligence, the Secretary of Defense, or the Director of the National Security Agency with respect to the personnel of the National Security Agency.

(b) EXPIRATION- Subsection (a) shall cease to have effect on December 31, 2007.

Subtitle D--Other Elements

SEC. 441. DEPARTMENT OF JUSTICE INTELLIGENCE MATTERS.

(a) ASSISTANT ATTORNEY GENERAL FOR NATIONAL SECURITY-

(1) IN GENERAL- Chapter 31 of title 28, United States Code, is amended by inserting after section 507 the following new section:

`Sec. 507A. Assistant Attorney General for National Security

`(a) Of the Assistant Attorneys General appointed under section 506, one shall serve, upon the designation of the President, as the Assistant Attorney General for National Security.

`(b) The Assistant Attorney General for National Security shall--

`(1) serve as the head of the National Security Division of the Department of Justice under section 509A of this title;

`(2) serve as primary liaison to the Director of National Intelligence for the Department of Justice;

`(3) perform such other duties as the Attorney General may prescribe; and

`(4) perform such other duties and functions as the Director of National Intelligence may prescribe, except that the Director shall have no authority through the Assistant Attorney General to perform any police, subpoena, law enforcement, or prosecution powers or internal security functions not otherwise authorized by law.'.

(2) ADDITIONAL ASSISTANT ATTORNEY GENERAL- Section 506 of title 28, United States Code, is amended by striking `ten' and inserting `11'.

(3) EXECUTIVE SCHEDULE MATTERS- Section 5315 of title 5, United States Code, is amended by striking the matter relating to Assistant Attorneys General and inserting the following:

`Assistant Attorneys General (11).'.

(4) CONCURRENCE OF DIRECTOR OF NATIONAL INTELLIGENCE IN APPOINTMENT- Section 106(b)(2) of the National Security Act of 1947 (50 U.S.C. 403-6(b)(2)) is amended by adding at the end the following new subparagraph:

`(J) The Assistant Attorney General designated as the Assistant Attorney General for National Security under section 507A of title 28, United States Code.'.

(5) AUTHORITY TO ACT FOR ATTORNEY GENERAL UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978- Section 101(g) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(g)) is amended by striking `or the Deputy Attorney General' and inserting `, the Deputy Attorney General, or, upon the designation of the Attorney General, the Assistant Attorney General designated as the Assistant Attorney General for National Security under section 507A of title 28, United States Code'.

(b) NATIONAL SECURITY DIVISION OF DEPARTMENT OF JUSTICE- Chapter 31 of title 28, United States Code, is further amended by inserting after section 509 the following new section:

`Sec. 509A. National Security Division

`(a) There is a National Security Division of the Department of Justice.

`(b) The National Security Division shall consist of the elements of the Department of Justice (other than the Federal Bureau of Investigation) engaged primarily in support of the intelligence and intelligence-related activities of the United States Government, including the following:

`(1) The Assistant Attorney General designated as the Assistant Attorney General for National Security under section 507A of this title.

`(2) The Office of Intelligence Policy and Review (or any successor organization).

`(3) The counterterrorism section (or any successor organization).

`(4) The counterespionage section (or any successor organization).

`(5) Any other element, component, or office jointly designated by the Attorney General and the Director of National Intelligence.'.

(c) CLERICAL AMENDMENTS- The table of sections at the beginning of chapter 31 of title 28, United States Code, is amended--

(1) by inserting after the item relating to section 507 the following new item:

`507A. Assistant Attorney General for National Security.'.

and

(2) by inserting after the item relating to section 509 the following new item:

`509A. National Security Division.'.

(d) INCLUSION IN INTELLIGENCE COMMUNITY OF ELEMENTS OF DEPARTMENT OF JUSTICE- Section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)) is amended--

(1) by redesignating subparagraph (L), as amended by section 303 of this Act, as subparagraph (M): and

(2) by inserting after subparagraph (K) the following new subparagraph (L):

`(L) The National Security Division of the Department of Justice, except those components or portions charged with the investigation or prosecution of the offense of domestic terrorism.'.

(e) FUNDING FOR ASSISTANT ATTORNEY GENERAL AND NATIONAL SECURITY DIVISION- (1) The President shall, from funds available for the National Intelligence Program, make available to the Assistant Attorney General designated as the Assistant Attorney General for National Security under section 507A of title 28, United States Code (as added by subsection (a)), and to the National Security Division of the Department of Justice under section 509A of title 28, United States Code (as added by subsection (b)), such funds as shall be required for the performance of their duties, activities, and operations.

(2) It is the sense of Congress that the amount of funds made available under paragraph (1), and the budgets of the Assistant Attorney General and the National Security Division of the Department of Justice, should, to the maximum extent practicable, be unclassified.

(f) PROCEDURES FOR CONFIRMATION OF THE ASSISTANT ATTORNEY GENERAL FOR NATIONAL SECURITY- (1) Section 17 of Senate Resolution 400 (94th Congress) is amended--

(A) in subsection (a), by striking `(a) The' and inserting `(a)(1) Except as otherwise provided in subsection (b), the';

(B) in subsection (b), by striking `(b)' and inserting `(2)'; and

(C) by inserting after subsection (a) the following new subsection:

`(b)(1) With respect to the confirmation of the Assistant Attorney General for National Security, or any successor position serving as the head of an element of the intelligence community within the Department of Justice, the nomination of any individual by the President to serve in such position shall be referred to the Committee on the Judiciary and, if and when reported, to the select Committee for not to exceed 20 calendar days, except that in cases when the 20-day period expires while the Senate is in recess, the select Committee shall have 5 additional calendar days after the Senate reconvenes to report the nomination.

`(2) If, upon the expiration of the period described in paragraph (1), the select Committee has not reported the nomination, such nomination shall be automatically discharged from the select Committee and placed on the Executive Calendar.'.

(2) Paragraph (1) is enacted--

(A) as an exercise of the rulemaking power of the Senate; and

(B) with full recognition of the constitutional right of the Senate to change the rules of the Senate at any time and to the same extent as in the case of any other rule of the Senate.

SEC. 442. FOREIGN LANGUAGE INCENTIVE FOR CERTAIN NON-SPECIAL AGENT EMPLOYEES OF THE FEDERAL BUREAU OF INVESTIGATION.

(a) AUTHORITY TO PAY INCENTIVE- The Director of the Federal Bureau of Investigation may pay a cash award authorized by section 4523 of title 5, United States Code, in accordance with the provisions of such section, to any employee of the Federal Bureau of Investigation described in subsection (b) as if such employee were a law enforcement officer as specified in such section.

(b) COVERED EMPLOYEES- An employee of the Federal Bureau of Investigation described in this subsection is any employee of the Federal Bureau of Investigation--

(1) who uses foreign language skills in support of the analyses, investigations, or operations of the Bureau to protect against international terrorism or clandestine intelligence activities (or maintains foreign language skills for purposes of such support); and

(2) whom the Director of the Federal Bureau of Investigation, subject to the joint guidance of the Attorney General and the Director of National Intelligence, may designate for purposes of this section.

SEC. 443. AUTHORITY TO SECURE SERVICES BY CONTRACT FOR THE BUREAU OF INTELLIGENCE AND RESEARCH OF THE DEPARTMENT OF STATE.

Title I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is amended by inserting after section 23 the following new section:

`SERVICES BY CONTRACT FOR BUREAU OF INTELLIGENCE AND RESEARCH

`SEC. 23A. (a) AUTHORITY TO ENTER INTO CONTRACTS- The Secretary may enter into contracts with individuals or organizations for the provision of services in support of the mission of the Bureau of Intelligence and Research of the Department of State if the Secretary determines that--

`(1) the services to be procured are urgent or unique; and

`(2) it would not be practicable for the Department to obtain such services by other means.

`(b) TREATMENT AS EMPLOYEES OF THE UNITED STATES GOVERNMENT- (1) Individuals employed under a contract pursuant to the authority in subsection (a) shall not, by virtue of the performance of services under such contract, be considered employees of the United States Government for purposes of any law administered by the Office of Personnel Management.

`(2) The Secretary may provide for the applicability to individuals described in paragraph (1) of any law administered by the Secretary concerning the employment of such individuals.'.

SEC. 444. CLARIFICATION OF INCLUSION OF COAST GUARD ELEMENT IN THE INTELLIGENCE COMMUNITY.

Section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)) is amended--

(1) in subparagraph (H), by inserting `the Coast Guard,' after `the Marine Corps,'; and

(2) in subparagraph (K), by striking `, including the Office of Intelligence of the Coast Guard'.

SEC. 445. CLARIFYING AMENDMENTS RELATING TO SECTION 105 OF THE INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2004.

Section 105(b) of the Intelligence Authorization Act for Fiscal Year 2004 (Public Law 108-177; 117 Stat. 2603; 31 U.S.C. 311 note) is amended--

(1) by striking `Director of Central Intelligence' and inserting `Director of National Intelligence'; and

(2) by inserting `or in section 313 of such title,' after `subsection (a)),'.

TITLE V--OTHER MATTERS

SEC. 501. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF 1947.

The National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended as follows:

(1) In section 102A (50 U.S.C. 403-1)--

(A) in subsection (c)(7)(A), by striking `section' and inserting `subsection';

(B) in subsection (d)--

(i) in paragraph (3), by striking `subparagraph (A)' in the matter preceding subparagraph (A) and inserting `paragraph (1)(A)'; and

(ii) in paragraph (5)(A), by striking `or personnel' in the matter preceding clause (i); and

(C) in subsection (l)(2)(B), by striking `section' and inserting `paragraph'.

(2) In section 119(c)(2)(B) (50 U.S.C. 404o(c)(2)(B)), by striking `subsection (h)' and inserting `subsection (i)'.

SEC. 502. TECHNICAL CLARIFICATION OF CERTAIN REFERENCES TO JOINT MILITARY INTELLIGENCE PROGRAM AND TACTICAL INTELLIGENCE AND RELATED ACTIVITIES.

Section 102A of the National Security Act of 1947 (50 U.S.C. 403-1) is amended--

(1) in subsection (c)(3)(A), by inserting `, or for any successor program or programs' after `Activities'; and

(2) in subsection (d)(1)(B), by inserting `, or any successor program or programs' after `Program'.

SEC. 503. TECHNICAL AMENDMENTS TO THE INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004.

(a) AMENDMENTS TO NATIONAL SECURITY INTELLIGENCE REFORM ACT OF 2004- The National Security Intelligence Reform Act of 2004 (title I of Public Law 108-458) is amended as follows:

(1) In section 1016(e)(10)(B) (6 U.S.C. 458(e)(10)(B)), by striking `Attorney General' the second place it appears and inserting `Department of Justice'.

(2) In section 1061(d)(4)(A) (5 U.S.C. 601 note), by striking `National Intelligence Director' and inserting `Director of National Intelligence'.

(3) In section 1071(e), by striking `(1)'.

(4) In section 1072(b), by inserting `AGENCY' after `INTELLIGENCE'.

(b) OTHER AMENDMENTS TO INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004- The Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) is amended as follows:

(1) in section 2001 (28 U.S.C. 532 note)--

(A) in subsection (c)(1), by inserting `of' before `an institutional culture';

(B) in subsection (e)(2), by striking `the National Intelligence Director in a manner consistent with section 112(e)' and inserting `the Director of National Intelligence in a manner consistent with applicable law'; and

(C) in subsection (f), by striking `shall,' in the matter preceding paragraph (1) and inserting `shall'.

(2) In section 2006 (28 U.S.C. 509 note)--

(A) in paragraph (2), by striking `the Federal' and inserting `Federal'; and

(B) in paragraph (3), by striking `the specific' and inserting `specific'.

SEC. 504. TECHNICAL AMENDMENT TO THE CENTRAL INTELLIGENCE AGENCY ACT OF 1949.

Section 5(a)(1) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403f(a)(1)) is amended by striking `authorized under paragraphs (2) and (3) of section 102(a), subsections (c)(7) and (d) of section 103, subsections (a) and (g) of section 104, and section 303 of the National Security Act of 1947 (50 U.S.C. 403(a)(2), (3), 403-3(c)(7), (d), 403-4(a), (g), and 405)' and inserting `authorized under subsections (d), (e), (f), and (g) of section 104A of the National Security Act of 1947 (50 U.S.C. 403-4a).'.

SEC. 505. TECHNICAL AMENDMENTS RELATING TO THE MULTIYEAR NATIONAL INTELLIGENCE PROGRAM.

(a) IN GENERAL- Subsection (a) of section 1403 of the National Defense Authorization Act for Fiscal Year 1991 (50 U.S.C. 404b) is amended--

(1) in the subsection caption, by striking `FOREIGN'; and

(2) by striking `foreign' each place it appears.

(b) RESPONSIBILITY OF DNI- That section is further amended--

(1) in subsections (a) and (c), by striking `Director of Central Intelligence' and inserting `Director of National Intelligence'; and

(2) in subsection (b), by inserting `of National Intelligence' after `Director'.

(c) CONFORMING AMENDMENT- The heading of that section is amended to read as follows:

`SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE PROGRAM.'.

SEC. 506. TECHNICAL AMENDMENTS TO THE EXECUTIVE SCHEDULE.

(a) EXECUTIVE SCHEDULE LEVEL II- Section 5313 of title 5, United States Code, is amended by striking the item relating to the Director of Central Intelligence and inserting the following new item:

`Director of the Central Intelligence Agency.'.

(b) EXECUTIVE SCHEDULE LEVEL III- Section 5314 of title 5, United States Code, is amended by striking the item relating to the Deputy Directors of Central Intelligence.

(c) EXECUTIVE SCHEDULE LEVEL IV- Section 5315 of title 5, United States Code, is amended by striking the item relating to the General Counsel of the Office of the National Intelligence Director and inserting the following new item:

`General Counsel of the Office of the Director of National Intelligence.'.

SEC. 507. TECHNICAL AMENDMENTS RELATING TO REDESIGNATION OF THE NATIONAL IMAGERY AND MAPPING AGENCY AS THE NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.

(a) TITLE 5, UNITED STATES CODE- (1) Title 5, United States Code, is amended by striking `National Imagery and Mapping Agency' each place it appears in a provision as follows and inserting `National Geospatial-Intelligence Agency':

(A) Section 2302(a)(2)(C)(ii).

(B) Section 3132(a)(1)(B).

(C) Section 4301(1) (in clause (ii)).

(D) Section 4701(a)(1)(B).

(E) Section 5102(a)(1) (in clause (xi)).

(F) Section 5342(a)(1) (in clause (L)).

(G) Section 6339(a)(1)(E).

(H) Section 7323(b)(2)(B)(i)((XIII).

(2) Section 6339(a)(2)(E) of such title is amended by striking `National Imagery and Mapping Agency, the Director of the National Imagery and Mapping Agency' and inserting `National Geospatial-Intelligence Agency, the Director of the National Geospatial-Intelligence Agency'.

(b) TITLE 44, UNITED STATES CODE- (1)(A) Section 1336 of title 44, United States Code, is amended by striking `National Imagery and Mapping Agency' both places it appears and inserting `National Geospatial-Intelligence Agency'.

(B) The heading of such section is amended to read as follows:

`Sec. 1336. National Geospatial-Intelligence Agency: special publications'.

(2) The table of sections at the beginning of chapter 13 of such title is amended by striking the item relating to section 1336 and inserting the following new item:

`1336. National Geospatial-Intelligence Agency: special publications.'.

(c) HOMELAND SECURITY ACT OF 2002- Section 201(f)(2)(E) of the Homeland Security Act of 2002 (6 U.S.C. 121(f)(2)(E)) is amended by striking `National Imagery and Mapping Agency' and inserting `National Geospatial-Intelligence Agency'.

(d) INSPECTOR GENERAL ACT OF 1978- Section 8H of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking `National Imagery and Mapping Agency' each place it appears and inserting `National Geospatial-Intelligence Agency'.

(e) ETHICS IN GOVERNMENT ACT OF 1978- Section 105(a) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking `National Imagery and Mapping Agency' and inserting `National Geospatial-Intelligence Agency'.

(f) OTHER ACTS- (1) Section 7(b)(2)(A)(i) of the Employee Polygraph Protection Act of 1988 (29 U.S.C. 2006(b)(2)(A)(i)) is amended by striking `National Imagery and Mapping Agency' and inserting `National Geospatial-Intelligence Agency'.

(2) Section 207(a)(2)(B) of the Legislative Branch Appropriations Act, 1993 (44 U.S.C. 501 note) is amended by striking `National Imagery and Mapping Agency' and inserting `National Geospatial-Intelligence Agency'.

END