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S 1803 RS
109th CONGRESS
1st Session
S. 1803
[Report No. 109-142]
To authorize appropriations for fiscal year 2006 for
intelligence and intelligence-related activities of the United States
Government, the Intelligence Community Management Account, and the
Central Intelligence Agency Retirement and Disability System, and for
other purposes.
IN THE SENATE OF THE UNITED STATES
September 29, 2005
Mr. ROBERTS, from the Select Committee on Intelligence, reported
the following original bill; which was read twice and referred to the
Committee on Armed Services pursuant to section 3(b) of S. Res. 400,
94th Congress, as amended by S. Res. 445, 108th Congress, for a period
not to exceed 10 days of session
A BILL
To authorize appropriations for fiscal year 2006 for
intelligence and intelligence-related activities of the United States
Government, the Intelligence Community Management Account, and the
Central Intelligence Agency Retirement and Disability System, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Intelligence Authorization Act for Fiscal Year 2006'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Incorporation of classified annex.
Sec. 104. Personnel ceiling adjustments.
Sec. 105. Intelligence Community Management Account.
Sec. 106. Incorporation of reporting requirements.
Sec. 107. Response of intelligence community to requests from Congress for intelligence documents and information.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--INTELLIGENCE AND GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 301. Increase in employee compensation and benefits authorized by law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Clarification of definition of intelligence community under the National Security Act of 1947.
Sec. 304. Delegation of authority for travel on common carriers for intelligence collection personnel.
Sec. 305. Modification of availability of funds for different intelligence activities.
Sec. 306. Retention and use of amounts paid as debts to elements of the intelligence community.
Sec. 307. Pilot program on disclosure of records under the Privacy Act relating to certain intelligence activities.
Sec. 308. Extension to intelligence community of
authority to delete information about receipt and disposition of
foreign gifts and decorations.
Sec. 309. Availability of funds for travel and transportation of personal effects, household goods, and automobiles.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Additional authorities of the Director of National Intelligence on intelligence information sharing.
Sec. 402. Modification of limitation on delegation by
the Director of National Intelligence of the protection of intelligence
sources and methods.
Sec. 403. Authority of the Director of National Intelligence to manage access to human intelligence information.
Sec. 404. Additional administrative authority of the Director of National Intelligence.
Sec. 405. Clarification of limitation on co-location of the Office of the Director of National Intelligence.
Sec. 406. Additional duties of the Director of Science and Technology of the Office of the Director of National Intelligence.
Sec. 407. Appointment and title of Chief Information Officer of the Intelligence Community.
Sec. 408. Inspector General of the Intelligence Community.
Sec. 409. Leadership and location of National Counter Proliferation Center.
Sec. 410. Operational files in the Office of the Director of National Intelligence.
Sec. 411. Eligibility for incentive awards of personnel assigned to the Office of the Director of National Intelligence.
Sec. 412. Repeal of certain authorities relating to the Office of the National Counterintelligence Executive.
Sec. 413. Inapplicability of Federal Advisory Committee
Act to advisory committees of the Office of the Director of National
Intelligence.
Sec. 414. Membership of the Director of National Intelligence on the Transportation Security Oversight Board.
Sec. 415. Temporary inapplicability to the Office of the
Director of National Intelligence of certain financial reporting
requirements.
Sec. 416. Applicability of the Privacy Act to the
Director of National Intelligence and the Office of the Director of
National Intelligence.
Sec. 417. Temporary exemption from personnel limits of
certain office of Director of National Intelligence personnel assigned
to the National Counterterrorism Center.
Subtitle B--Central Intelligence Agency
Sec. 421. Director and Deputy Director of the Central Intelligence Agency.
Sec. 422. Enhanced protection of Central Intelligence Agency intelligence sources and methods from unauthorized disclosure.
Sec. 423. Additional exception to foreign language
proficiency requirement for certain senior level positions in the
Central Intelligence Agency.
Sec. 424. Exclusion of the Central Intelligence Agency
from annual report on improvement of financial statements for auditing
purposes.
Sec. 425. Additional functions and authorities for protective personnel of the Central Intelligence Agency.
Sec. 426. Modification of exclusion of military officer
serving as Associate Director of the Central Intelligence Agency for
Military Support from officer strength and distribution-in-grade
limitations.
Subtitle C--Defense Intelligence Components
Sec. 431. Modification of requirements on disclosure of
governmental affiliation by Department of Defense intelligence
personnel.
Sec. 432. Enhancements of National Security Agency training program.
Sec. 433. Codification of authorities of National Security Agency protective personnel.
Sec. 434. Protection of operational files of the Defense Intelligence Agency.
Sec. 435. Inspector General matters.
Sec. 436. Confirmation of appointment of heads of certain components of the intelligence community.
Sec. 437. Security clearances in the National Geospatial-Intelligence Agency.
Subtitle D--Other Elements
Sec. 441. Department of Justice intelligence matters.
Sec. 442. Foreign language incentive for certain non-special agent employees of the Federal Bureau of Investigation.
Sec. 443. Authority to secure services by contract for the Bureau of Intelligence and Research of the Department of State.
Sec. 444. Clarification of inclusion of Coast Guard element in the intelligence community.
Sec. 445. Clarifying amendments relating to section 105 of the Intelligence Authorization Act for Fiscal Year 2004.
TITLE V--OTHER MATTERS
Sec. 501. Technical amendments to the National Security Act of 1947.
Sec. 502. Technical clarification of certain references
to Joint Military Intelligence Program and Tactical Intelligence and
Related Activities.
Sec. 503. Technical amendments to the Intelligence Reform and Terrorism Prevention Act of 2004.
Sec. 504. Technical amendment to the Central Intelligence Agency Act of 1949.
Sec. 505. Technical amendments relating to the multiyear national intelligence program.
Sec. 506. Technical amendments to the Executive Schedule.
Sec. 507. Technical amendments relating to redesignation
of the National Imagery and Mapping Agency as the National
Geospatial-Intelligence Agency.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2006 for the conduct of the intelligence and intelligence-related
activities of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy, and the Department of the Air Force.
(7) The Department of State.
(8) The Department of the Treasury.
(9) The Department of Energy.
(10) The Department of Justice.
(11) The Federal Bureau of Investigation.
(12) The National Reconnaissance Office.
(13) The National Geospatial-Intelligence Agency.
(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.
(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--
(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.
`(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--
(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.'.
(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';
(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