[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2475 Reported in House (RH)]






                                                  Union Calendar No. 56
109th CONGRESS
  1st Session
                                H. R. 2475

                          [Report No. 109-101]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 19, 2005

 Mr. Hoekstra introduced the following bill; which was referred to the 
          Select Committee on Intelligence (Permanent Select)

                              June 2, 2005

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 19, 
                                 2005]

_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for fiscal year 2006 for intelligence and 
 intelligence-related activities of the United States Government, the 
   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 of 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. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

                      TITLE III--GENERAL PROVISIONS

Sec. 301. Increase in employee compensation and benefits authorized by 
          law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Authority of the Director of National Intelligence to assign 
          individuals to United States missions in foreign countries to 
          coordinate and direct intelligence and intelligence-related 
          activities conducted in that country.
Sec. 304. Clarification of delegation of transfer or reprogramming 
          authority.
Sec. 305. Approval of personnel transfer for new national intelligence 
          centers.
Sec. 306. Additional duties for the Director of Science and Technology.
Sec. 307. Comprehensive inventory of special access programs.
Sec. 308. Sense of Congress on budget execution authority procedures.
Sec. 309. Sense of Congress with respect to multi-level security 
          clearances.

                  TITLE IV--CENTRAL INTELLIGENCE AGENCY

Sec. 401. Clarification of role of the Director of Central Intelligence 
          Agency as head of human intelligence collection.

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2006 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
            (1) The Office of the Director of National Intelligence.
            (2) The Central Intelligence Agency.
            (3) The Department of Defense.
            (4) The Defense Intelligence Agency.
            (5) The National Security Agency.
            (6) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
            (7) The Department of State.
            (8) The Department of the Treasury.
            (9) The Department of Energy.
            (10) The Department of Justice.
            (11) The Federal Bureau of Investigation.
            (12) The National Reconnaissance Office.
            (13) The National Geospatial-Intelligence Agency.
            (14) The Coast Guard.
            (15) The Department of Homeland Security.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts and Personnel Ceilings.--The amounts 
authorized to be appropriated under section 101, and the authorized 
personnel ceilings as of September 30, 2006, for the conduct of the 
intelligence and intelligence-related activities of the elements listed 
in such section, are those specified in the classified Schedule of 
Authorizations prepared to accompany the bill H.R. 2475 of the One 
Hundred Ninth Congress.
    (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. 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.
    (b) Notice to Intelligence Committees.--The Director of National 
Intelligence shall notify promptly 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. 104. 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 
$446,144,000. 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 817 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 
        advanced 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.

 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--GENERAL PROVISIONS

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. AUTHORITY OF THE DIRECTOR OF NATIONAL INTELLIGENCE TO ASSIGN 
              INDIVIDUALS TO UNITED STATES MISSIONS IN FOREIGN 
              COUNTRIES TO COORDINATE AND DIRECT INTELLIGENCE AND 
              INTELLIGENCE-RELATED ACTIVITIES CONDUCTED IN THAT 
              COUNTRY.

    Subsection (k) of section 102A of the National Security Act of 1947 
(50 U.S.C. 403-4a), as added by section 1011(a) of the National 
Security Intelligence Reform Act of 2004 (title I of Public Law 108-
458; 118 Stat. 3643), is amended--
            (1) by striking ``Under'' and inserting ``(1) Under''; and
            (2) by adding at the end the following new paragraph:
    ``(2)(A) The Director may assign an individual to be a 
representative of the Director at a United States mission in a foreign 
country. Any such individual shall oversee and manage all intelligence 
and intelligence-related activities conducted in that country by 
personnel of any element of the intelligence community.
    ``(B)(i) Subparagraph (A) shall not be construed to supersede the 
authority of the Director of the Central Intelligence Agency described 
in clause (ii), such authority being subject to general oversight by 
the Director of National Intelligence under paragraph (1).
    ``(ii) The authority referred to in clause (i) is the authority 
under section 104A(f) to coordinate relationships between elements of 
the intelligence community and the intelligence or security services of 
foreign governments or international organizations generally and the 
authority under section 104A(d)(3) to provide overall direction for and 
coordination of the collection of human intelligence outside the United 
States.''.

SEC. 304. CLARIFICATION OF DELEGATION OF TRANSFER OR REPROGRAMMING 
              AUTHORITY.

    Paragraph (5)(B) of section 102A(d) of the National Security Act of 
1947 (50 U.S.C. 403-1(d)), as added by section 1011(a) of the National 
Security Intelligence Reform Act of 2004 (title I of Public Law 108-
458; 118 Stat. 3643), is amended by striking ``or agency involved'' in 
the second sentence and inserting ``involved or the Director of the 
Central Intelligence Agency (in the case of the Central Intelligence 
Agency)''.

SEC. 305. APPROVAL OF PERSONNEL TRANSFER FOR NEW NATIONAL INTELLIGENCE 
              CENTERS.

    Section 102A(e)(1) of the National Security Act of 1947 (50 U.S.C. 
403-1(e)(1)), as added by section 1011(a) of the National Security 
Intelligence Reform Act of 2004 (title I of Public Law 108-458; 118 
Stat. 3643), is amended--
            (1) in subparagraph (B), by striking ``shall promptly 
        provide notice'' and all that follows through ``paragraph to--
        '' and inserting ``may not transfer personnel under 
        subparagraph (A) unless the Director has provided notice of any 
        transfer of personnel to be made pursuant to this paragraph and 
        received a response from--''; and
            (2) by striking subparagraph (C) and inserting the 
        following:
    ``(C) The Director shall include in any notice under subparagraph 
(B)--
            ``(i) an explanation of the nature of the transfer and how 
        it satisfies the requirements of this subsection;
            ``(ii) the number of personnel transferred; and
            ``(iii) the individual skills and capabilities of the 
        personnel involved.''.

SEC. 306. ADDITIONAL DUTIES FOR THE DIRECTOR OF SCIENCE AND TECHNOLOGY.

    (a) Coordination and Prioritization of Research Conducted by 
Elements of the Intelligence Community.--Subsection (d) of section 103E 
of the National Security Act of 1947 (50 U.S.C. 403-3e), as added by 
section 1011(a) of the National Security Intelligence Reform Act of 
2004 (title I of Public Law 108-458; 118 Stat. 3643), is amended--
            (1) by inserting ``and prioritize'' after ``coordinate'' in 
        paragraph (3)(A); 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.--Section 103E of such Act (50 
U.S.C. 403-3e), as so added, is amended--
            (1) in subsection (c)--
                    (A) by striking ``and'' at the end of paragraph 
                (4);
                    (B) by redesignating paragraph (5) as paragraph 
                (6); and
                    (C) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) assist the Director in establishing goals for the 
        elements of the intelligence community to meet the technology 
        needs of the community; and''; and
            (2) by adding at the end the following new subsection:
    ``(e) Goals for Technology Needs of the 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; and
            ``(2) examine options to enhance the responsiveness of 
        research and design programs to meet the requirements of the 
        intelligence community for timely support.''.
    (c) Report.--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. Such report may be submitted in classified form and shall 
include--
            (1) an assessment of the highest priority intelligence gaps 
        across the intelligence community that may be resolved by the 
        use of technology;
            (2) goals for advanced research and development and a 
        strategy to achieve such goals;
            (3) an explanation of how each advanced research and 
        development project funded under the National Intelligence 
        Program addresses an identified intelligence gap;
            (4) 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
            (5) a plan to incorporate technology from research and 
        development projects into National Intelligence Program 
        acquisition programs.

SEC. 307. COMPREHENSIVE INVENTORY OF SPECIAL ACCESS PROGRAMS.

    Not later than January 15, 2006, the Director of National 
Intelligence shall submit to the congressional intelligence committees 
(as defined in section 3(7) of the National Security Act of 1947 (50 
U.S.C. 401a(7))) a classified report providing a comprehensive 
inventory of all special access programs under the National 
Intelligence Program (as defined in section 3(6) of the National 
Security Act of 1947 (50 U.S.C. 401a(6))).

SEC. 308. SENSE OF CONGRESS ON BUDGET EXECUTION AUTHORITY PROCEDURES.

    It is the sense of Congress that the Director of National 
Intelligence should expeditiously establish the necessary budgetary 
processes and procedures with the heads of the departments containing 
agencies or organizations within the intelligence community, and the 
heads of such agencies and organizations, in order to--
            (1) implement the budget execution authorities provided 
        under, and submit the reports to Congress required by, 
        subsection (c) of section 102A of the National Security Act of 
        1947 (50 U.S.C. 403-1), as amended by section 1011(a) of the 
        National Security Intelligence Reform Act of 2004 (title I of 
        Public Law 108-458; 118 Stat. 3643); and
            (2) carry out the duties and authorities of the Director of 
        National Intelligence with respect to the transfer and 
        reprogramming of funds under the National Intelligence Program 
        under subsection (d) of such section, as so amended.

SEC. 309. SENSE OF CONGRESS WITH RESPECT TO MULTI-LEVEL SECURITY 
              CLEARANCES.

    It is the sense of Congress that the Director of National 
Intelligence should promptly establish and oversee the implementation 
of a multi-level security clearance system across the intelligence 
community to leverage the cultural and linguistic skills of subject 
matter experts and individuals proficient in foreign languages critical 
to national security.

                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

SEC. 401. CLARIFICATION OF ROLE OF THE DIRECTOR OF CENTRAL INTELLIGENCE 
              AGENCY AS HEAD OF HUMAN INTELLIGENCE COLLECTION.

    (a) In General.--Subsection (d)(3) of section 104A of the National 
Security Act of 1947 (50 U.S.C. 403-4a), as added by section 1011(a) of 
the National Security Intelligence Reform Act of 2004 (title I of 
Public Law 108-458; 118 Stat. 3643), is amended by striking ``provide 
overall direction'' and all that follows through ``elements of the 
intelligence community'' and inserting ``subject to subsection (h), 
provide overall direction for and coordination of the collection of 
human intelligence outside the United States by any department, agency, 
or element of the United States Government''.
    (b) Clarification of Roles of DNI and DCIA With Respect to Human 
Intelligence Collection.--Such section is further amended by adding at 
the end the following new subsection:
    ``(h) Clarification of Roles of DNI and DCIA With Respect to Human 
Intelligence Collection.--(1) In carrying out subsection (d)(3), the 
Director of the Central Intelligence Agency shall develop a process for 
the coordination of the collection of human intelligence outside of the 
United States. Such process shall be subject to the approval of the 
Director of National Intelligence.
    ``(2) The Director of National Intelligence shall determine which 
human intelligence collection activities shall be subject to the 
process developed under paragraph (1).''.
                                                  Union Calendar No. 56

109th CONGRESS

  1st Session

                               H. R. 2475

                          [Report No. 109-101]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              June 2, 2005

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed