[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1803 Reported in Senate (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.
            (14) The Coast Guard.
            (15) The Department of Homeland Security.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts and Personnel Ceilings.--The amounts 
authorized to be appropriated under section 101, and the authorized 
personnel ceilings as of September 30, 2006, for the conduct of the 
intelligence and intelligence-related activities of the elements listed 
in such section, are those specified in the classified Schedule of 
Authorizations prepared to accompany the conference report on the bill 
_____ 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 
____ of the One Hundred Ninth Congress, or in the classified annex to 
this Act, is hereby incorporated into this Act, and is hereby made a 
requirement in law.
    (b) Congressional Intelligence Committees Defined.--In this 
section, the term ``congressional intelligence committees'' means--
            (1) the Select Committee on Intelligence of the Senate; and
            (2) the Permanent Select Committee on Intelligence of the 
        House of Representatives.

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

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

  ``response of intelligence community to requests from congress for 
                 intelligence documents and information

    ``Sec. 508. (a) Requests of Committees.--The Director of National 
Intelligence, the Director of the National Counterterrorism Center, the 
Director of a national intelligence center, or the head of any other 
department, agency, or element of the Federal Government, or other 
organization within the Executive branch, that is an element of the 
intelligence community shall, not later than 15 days after receiving a 
request for any intelligence assessment, report, estimate, legal 
opinion, or other intelligence information from the Select Committee on 
Intelligence of the Senate, the Permanent Select Committee on 
Intelligence of the House of Representatives, or any other committee of 
Congress with jurisdiction over the subject matter to which information 
in such assessment, report, estimate, legal opinion, or other 
information relates, make available to such committee such assessment, 
report, estimate, legal opinion, or other information, as the case may 
be.
    ``(b) Requests of Certain Members.--(1) The Director of National 
Intelligence, the Director of the National Counterterrorism Center, the 
Director of a national intelligence center, or the head of any other 
department, agency, or element of the Federal Government, or other 
organization within the Executive branch, that is an element of the 
intelligence community shall respond, in the time specified in 
subsection (a), to a request described in that subsection from the 
Chairman or Vice Chairman of the Select Committee on Intelligence of 
the Senate or the Chairman or Ranking Member of the Permanent Select 
Committee on Intelligence of the House of Representatives.
    ``(2) Upon making a request covered by paragraph (1)--
            ``(A) the Chairman or Vice Chairman, as the case may be, of 
        the Select Committee on Intelligence of the Senate shall notify 
        the other of the Chairman or Vice Chairman of such request; and
            ``(B) the Chairman or Ranking Member, as the case may be, 
        of the Permanent Select Committee on Intelligence of the House 
        of Representatives shall notify the other of the Chairman or 
        Ranking Member of such request.
    ``(c) Assertion of Privilege.--In response to a request covered by 
subsection (a) or (b), the Director of National Intelligence, the 
Director of the National Counterterrorism Center, the Director of a 
national intelligence center, or the head of any other department, 
agency, or element of the Federal Government, or other organization 
within the Executive branch, that is an element of the intelligence 
community shall provide the document or information covered by such 
request unless the President certifies that such document or 
information is not being provided because the President is asserting a 
privilege pursuant to the Constitution of the United States.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of that Act is amended by inserting after the item relating to section 
507 the following new item:

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

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

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

   TITLE III--INTELLIGENCE AND GENERAL INTELLIGENCE COMMUNITY MATTERS

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

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

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

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

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

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

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

    (a) Delegation of Authority.--Section 116(b) of the National 
Security Act of 1947 (50 U.S.C. 404k(b)) is amended--
            (1) by inserting ``(1)'' before ``The Director'';
            (2) in paragraph (1), by striking ``may only delegate'' and 
        all that follows and inserting ``may delegate the authority in 
        subsection (a) to the head of any other element of the 
        intelligence community.''; and
            (3) by adding at the end the following new paragraph:
    ``(2) The head of an element of the intelligence community to whom 
the authority in subsection (a) is delegated pursuant to paragraph (1) 
may further delegate such authority to such senior officials of such 
element as are specified in guidelines prescribed by the Director of 
National Intelligence for purposes of this paragraph.''.
    (b) Submittal of Guidelines to Congress.--Not later than six months 
after the date of the enactment of this Act, the Director of National 
Intelligence shall prescribe and submit to the congressional 
intelligence committees the guidelines referred to in paragraph (2) of 
section 116(b) of the National Security Act of 1947, as added by 
subsection (a).
    (c) Congressional Intelligence Committees Defined.--In this 
section, the term ``congressional intelligence committees'' means--
            (1) the Select Committee on Intelligence of the Senate; and
            (2) the Permanent Select Committee on Intelligence of the 
        House of Representatives.

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

    Subparagraph (B) of section 504(a)(3) of the National Security Act 
of 1947 (50 U.S.C. 414(a)(3)) is amended to read as follows:
            ``(B) the use of such funds for such activity supports an 
        emergent need, improves program effectiveness, or increases 
        efficiency; and''.

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

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

    ``retention and use of amounts paid as debts to elements of the 
                         intelligence community

    ``Sec. 1103. (a) Authority To Retain Amounts Paid.--Notwithstanding 
section 3302 of title 31, United States Code, or any other provision of 
law, the head of an element of the intelligence community may retain 
amounts paid or reimbursed to the United States, including amounts paid 
by an employee of the Federal Government from personal funds, for 
repayment of a debt owed to the element of the intelligence community.
    ``(b) Crediting of Amounts Retained.--(1) Amounts retained under 
subsection (a) shall be credited to the current appropriation or 
account from which such funds were derived or whose expenditure formed 
the basis for the underlying activity from which the debt concerned 
arose.
    ``(2) Amounts credited to an appropriation or account under 
paragraph (1) shall be merged with amounts in such appropriation or 
account, and shall be available in accordance with subsection (c).
    ``(c) Availability of Amounts.--Amounts credited to an 
appropriation or account under subsection (b) with respect to a debt 
owed to an element of the intelligence community shall be available to 
the head of such element, for such time as is applicable to amounts in 
such appropriation or account, for purposes as follows:
            ``(1) In the case of a debt arising from lost or damaged 
        property of such element, the repair of such property or the 
        replacement of such property with alternative property that 
        will perform the same or similar functions as such property.
            ``(2) The funding of any other activities authorized to be 
        funded by such appropriation or account.
    ``(d) Debt Owed to an Element of the Intelligence Community 
Defined.--In this section, the term `debt owed to an element of the 
intelligence community' means any of the following:
            ``(1) A debt owed to an element of the intelligence 
        community by an employee or former employee of such element for 
        the negligent or willful loss of or damage to property of such 
        element that was procured by such element using appropriated 
        funds.
            ``(2) A debt owed to an element of the intelligence 
        community by an employee or former employee of such element as 
        repayment for default on the terms and conditions associated 
        with a scholarship, fellowship, or other educational assistance 
        provided to such individual by such element, whether in 
        exchange for future services or otherwise, using appropriated 
        funds.
            ``(3) Any other debt or repayment owed to an element of the 
        intelligence community by a private person or entity by reason 
        of the negligent or willful action of such person or entity, as 
        determined by a court of competent jurisdiction or in a lawful 
        administrative proceeding.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of that Act is amended by adding at the end the following new item:

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

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

    (a) In General.--Subsection (b) of section 552a of title 5, United 
States Code, is amended--
            (1) in paragraph (11), by striking ``and'' at the end;
            (2) in paragraph (12), by striking the period and inserting 
        ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(13) to an element of the intelligence community set 
        forth in or designated under section 3(4) of the National 
        Security Act of 1947 (50 U.S.C. 401a(4))--
                    ``(A) by another element of the intelligence 
                community, or by a department or agency of the Federal 
                Government containing an element of the intelligence 
                community, that maintains the record, if the record is 
                relevant to a lawful and authorized foreign 
                intelligence or counterintelligence activity conducted 
                by the receiving element of the intelligence community; 
                or
                    ``(B) by any other agency that maintains the 
                record, if--
                            ``(i) it is the responsibility of that 
                        agency to protect the United States or its 
                        interests against the threat of international 
                        terrorism or the proliferation of weapons of 
                        mass destruction; and
                            ``(ii)(I) the head of the element of the 
                        intelligence community makes a written request 
                        to that agency specifying the record, or the 
                        particular portion thereof, that is relevant to 
                        a lawful and authorized activity of the element 
                        of the intelligence community to protect 
                        against international terrorism or the 
                        proliferation of weapons of mass destruction; 
                        or
                            ``(II) the head of that agency determines 
                        that--
                                    ``(aa) the record, or particular 
                                portion thereof, constitutes terrorism 
                                information (as that term is defined in 
                                section 1016(a)(4) of the National 
                                Security Intelligence Reform Act of 
                                2004 (title I of Public Law 108-458)) 
                                or information concerning the 
                                proliferation of weapons of mass 
                                destruction; and
                                    ``(bb) the disclosure of the 
                                record, or particular portion thereof, 
                                will be to an element of the 
                                intelligence community authorized to 
                                collect and analyze foreign 
                                intelligence or counterintelligence 
                                information related to international 
                                terrorism or the proliferation of 
                                weapons of mass destruction.''.
    (b) Exemption From Certain Privacy Act Requirements for Record 
Access and Accounting for Disclosures.--Elements of the intelligence 
community set forth in or designated under section 3(4) of the National 
Security Act of 1947 (50 U.S.C. 401a(4)) receiving a disclosure under 
subsection (b)(13) of section 552a of title 5, United States Code, 
shall not be required to comply with subsection (c)(3), (c)(4), or (d) 
of such section 552a with respect to such disclosure, or the records, 
or portions thereof, disclosed under subsection (b)(13) of such section 
552a.
    (c) Consultation on Determinations of Information Type.--Such 
section is further amended by adding at the end the following new 
subsection:
    ``(w) Authority To Consult on Determinations of Information Type.--
When determining for purposes of subsection (b)(13)(B)(ii)(II) whether 
a record constitutes terrorism information (as that term is defined in 
section 1016(a)(4)) of the National Security Intelligence Reform Act of 
2004 (title I of Public Law 108-458; 118 Stat. 3665)) or information 
concerning the proliferation of weapons of mass destruction, the head 
of an agency may consult with the Director of National Intelligence or 
the Attorney General.''.
    (d) Construction.--Nothing in the amendments made by this section 
shall be deemed to constitute authority for the collection or retention 
of foreign intelligence or counterintelligence information not 
otherwise authorized by the Constitution, laws, or Executive orders of 
the United States.
    (e) Reports.--
            (1) Annual reports.--Not later than one year after the date 
        of the enactment of this Act, and annually thereafter through 
        2008, the Director of National Intelligence and the Attorney 
        General, in coordination with the Privacy and Civil Liberties 
        Oversight Board, shall jointly submit to the congressional 
        intelligence committees a report on the administration of the 
        amendments made by this section.
            (2) Final report.--Not later than six months before the 
        date specified in subsection (f), the Director of National 
        Intelligence and the Attorney General, in coordination with the 
        Privacy and Civil Liberties Oversight Board, shall jointly 
        submit to the congressional intelligence committees a report on 
        administration of the amendments made by this section. The 
        report shall include the recommendations of the Director and 
        the Attorney General regarding the continuation in effect of 
        such amendments after such date.
            (3) Review and report by privacy and civil liberties 
        oversight board.--Not later than six months before the date 
        specified in subsection (f), the Privacy and Civil Liberties 
        Oversight Board shall--
                    (A) review the administration of the amendments 
                made by this section; and
                    (B) in a manner consistent with section 1061(c)(1) 
                of the National Security Intelligence Reform Act of 
                2004 (title I of Public Law 108-458; 118 Stat. 3684; 5 
                U.S.C. 601 note), submit to the congressional 
                intelligence committees a report providing such advice 
                and counsel on the administration of the amendments 
                made by this section as the Board considers 
                appropriate.
            (4) Congressional intelligence committees defined.--In this 
        subsection, the term ``congressional intelligence committees'' 
        means--
                    (A) the Select Committee on Intelligence of the 
                Senate; and
                    (B) the Permanent Select Committee on Intelligence 
                of the House of Representatives.
    (f) Termination.--The amendments made by this section shall cease 
to have effect on December 31, 2009.

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

    Paragraph (4) of section 7342(f) of title 5, United States Code, is 
amended to read as follows:
    ``(4)(A) In transmitting such listings for an element of the 
intelligence community, the head of such element may delete the 
information described in subparagraphs (A) and (C) of paragraphs (2) 
and (3) if the head of such element certifies in writing to the 
Secretary of State that the publication of such information could 
adversely affect United States intelligence sources or methods.
    ``(B) Any information not provided to the Secretary of State 
pursuant to the authority in subparagraph (A) shall be transmitted to 
the Director of National Intelligence.
    ``(C) In this paragraph, the term `element of the intelligence 
community' means an element of the intelligence community listed in or 
designated under section 3(4) of the National Security Act of 1947 (50 
U.S.C. 401a(4)).''.

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

    (a) Funds of Office of Director of National Intelligence.--Funds 
appropriated to the Office of the Director of National Intelligence and 
available for travel and transportation expenses shall be available for 
such expenses when any part of the travel or transportation concerned 
begins in a fiscal year pursuant to travel orders issued in such fiscal 
year, notwithstanding that such travel or transportation is or may not 
be completed during such fiscal year.
    (b) Funds of Central Intelligence Agency.--Funds appropriated to 
the Central Intelligence Agency and available for travel and 
transportation expenses shall be available for such expenses when any 
part of the travel or transportation concerned begins in a fiscal year 
pursuant to travel orders issued in such fiscal year, notwithstanding 
that such travel or transportation is or may not be completed during 
such fiscal year.
    (c) Travel and Transportation Expenses Defined.--In this section, 
the term ``travel and transportation expenses'' means the following:
            (1) Expenses in connection with travel of personnel, 
        including travel of dependents.
            (2) Expenses in connection with transportation of personal 
        effects, household goods, or automobiles of personnel.

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

      Subtitle A--Office of the Director of National Intelligence

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

    Section 102A(g)(1) of the National Security Act of 1947 (50 U.S.C. 
403-1(g)(1)) is amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) in subparagraph (F), by striking the period and 
        inserting a semicolon; and
            (3) by adding at the end the following the following new 
        subparagraphs:
            ``(G) in carrying out this subsection, have the authority--
                    ``(i) to direct the development, deployment, and 
                utilization of systems of common concern for elements 
                of the intelligence community, or that support the 
                activities of such elements, related to the collection, 
                processing, analysis, exploitation, and dissemination 
                of intelligence information; and
                    ``(ii) without regard to any provision of law 
                relating to the transfer, reprogramming, obligation, or 
                expenditure of funds, other than the provisions of this 
                Act and the National Security Intelligence Reform Act 
                of 2004 (title I of Public Law 108-458), to expend 
                funds for purposes associated with the development, 
                deployment, and utilization of such systems, which 
                funds may be received and utilized by any department, 
                agency, or other element of the United States 
                Government for such purposes; and
            ``(H) for purposes of addressing critical gaps in 
        intelligence information sharing or access capabilities, have 
        the authority to transfer funds appropriated for a program 
        within the National Intelligence Program to a program funded by 
        appropriations not within the National Intelligence Program, 
        consistent with paragraphs (3) through (7) of subsection 
        (d).''.

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

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

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

    Section 102A(b) of the National Security Act of 1947 (50 U.S.C. 
403-1(b)) is amended--
            (1) by inserting ``(1)'' before ``Unless''; and
            (2) by adding at the end the following new paragraph:
    ``(2) The Director of National Intelligence shall--
            ``(A) have access to all information, including 
        intelligence reports, operational data, and other associated 
        information, concerning the human intelligence operations of 
        any element of the intelligence community authorized to 
        undertake such collection;
            ``(B) consistent with the protection of intelligence 
        sources and methods, ensure maximum access to the intelligence 
        information contained in the information referred to in 
        subparagraph (A) throughout the intelligence community; and
            ``(C) consistent with subparagraph (B), provide within the 
        Office of the Director of National Intelligence a mechanism for 
        intelligence community analysts and other officers with 
        appropriate clearances and an official need-to-know to gain 
        access to information referred to in subparagraph (A) or (B) 
        when relevant to their official responsibilities.''.

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

    Section 102A of the National Security Act of 1947 (50 U.S.C. 403-1) 
is amended by adding at the end the following new subsection:
    ``(s) Additional Administrative Authorities.--(1) Notwithstanding 
section 1532 of title 31, United States Code, or any other provision of 
law prohibiting the interagency financing of activities described in 
clause (i) or (ii) of subparagraph (A), in the performance of the 
responsibilities, authorities, and duties of the Director of National 
Intelligence or the Office of the Director of National Intelligence--
            ``(A) the Director may authorize the use of interagency 
        financing for--
                    ``(i) national intelligence centers established by 
                the Director under section 119B; and
                    ``(ii) boards, commissions, councils, committees, 
                and similar groups established by the Director; and
            ``(B) upon the authorization of the Director, any 
        department, agency, or element of the United States Government, 
        including any element of the intelligence community, may fund 
        or participate in the funding of such activities.
    ``(2) No provision of law enacted after the date of the enactment 
of this subsection shall be deemed to limit or supersede the authority 
in paragraph (1) unless such provision makes specific reference to the 
authority in that paragraph.''.

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

    Section 103(e) of the National Security Act of 1947 (50 U.S.C. 403-
3(e)) is amended--
            (1) by striking ``with'' and inserting ``of headquarters 
        with headquarters of'';
            (2) by inserting ``the headquarters of'' before ``the 
        Office''; and
            (3) by striking ``any other element'' and inserting ``the 
        headquarters of any other element''.

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

    (a) Coordination and Prioritization of Research Conducted by 
Elements of Intelligence Community.--Subsection (d) of section 103E of 
the National Security Act of 1947 (50 U.S.C. 403-3e) is amended--
            (1) in paragraph (3)(A), by inserting ``and prioritize'' 
        after ``coordinate''; and
            (2) by adding at the end the following new paragraph:
    ``(4) In carrying out paragraph (3)(A), the Committee shall 
identify basic, advanced, and applied research programs to be carried 
out by elements of the intelligence community.''.
    (b) Development of Technology Goals.--That section is further 
amended--
            (1) in subsection (c)--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (5) as paragraph 
                (8); and
                    (C) by inserting after paragraph (4) the following 
                new paragraphs:
            ``(5) assist the Director in establishing goals for the 
        elements of the intelligence community to meet the technology 
        needs of the intelligence community;
            ``(6) under the direction of the Director, establish 
        engineering standards and specifications applicable to each 
        acquisition of a major system (as that term is defined in 
        section 506A(e)(3)) by the intelligence community;
            ``(7) ensure that each acquisition program of the 
        intelligence community for a major system (as so defined) 
        complies with the standards and specifications established 
        under paragraph (6); and''; and
            (2) by adding at the end the following new subsection:
    ``(e) Goals for Technology Needs of Intelligence Community.--In 
carrying out subsection (c)(5), the Director of Science and Technology 
shall--
            ``(1) perform systematic identification and assessment of 
        the most significant intelligence challenges that require 
        technical solutions;
            ``(2) examine options to enhance the responsiveness of 
        research and design programs to meet the requirements of the 
        intelligence community for timely support; and
            ``(3) assist the Director of National Intelligence in 
        establishing research and development priorities and projects 
        for the intelligence community that--
                    ``(A) are consistent with current or future 
                national intelligence requirements;
                    ``(B) address deficiencies or gaps in the 
                collection, processing, analysis, or dissemination of 
                national intelligence;
                    ``(C) take into account funding constraints in 
                program development and acquisition; and
                    ``(D) address system requirements from collection 
                to final dissemination (also known as `end-to-end 
                architecture').''.
    (c) Report.--(1) Not later than June 30, 2006, the Director of 
National Intelligence shall submit to Congress a report containing a 
strategy for the development and use of technology in the intelligence 
community through 2021.
    (2) The report shall include--
            (A) an assessment of the highest priority intelligence gaps 
        across the intelligence community that may be resolved by the 
        use of technology;
            (B) goals for advanced research and development and a 
        strategy to achieve such goals;
            (C) an explanation of how each advanced research and 
        development project funded under the National Intelligence 
        Program addresses an identified intelligence gap;
            (D) a list of all current and projected research and 
        development projects by research type (basic, advanced, or 
        applied) with estimated funding levels, estimated initiation 
        dates, and estimated completion dates; and
            (E) a plan to incorporate technology from research and 
        development projects into National Intelligence Program 
        acquisition programs.
    (3) The report may be submitted in classified form.

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

    (a) Appointment.--Subsection (a) of section 103G of the National 
Security Act of 1947 (50 U.S.C. 403-3g) is amended by striking ``the 
President, by and with the advice and consent of the Senate'' and 
inserting ``the Director of National Intelligence''.
    (b) Title.--Such section is further amended--
            (1) in subsection (a), by inserting ``of the Intelligence 
        Community'' after ``Chief Information Officer'';
            (2) in subsection (b), by inserting ``of the Intelligence 
        Community'' after ``Chief Information Officer'';
            (3) in subsection (c), by inserting ``of the Intelligence 
        Community'' after ``Chief Information Officer''; and
            (4) in subsection (d), by inserting ``of the Intelligence 
        Community'' after ``Chief Information Officer'' the first place 
        it appears.

SEC. 408. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.

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

           ``inspector general of the intelligence community

    ``Sec. 103H. (a) Office of Inspector General of Intelligence 
Community.--There is within the Office of the Director of National 
Intelligence an Office of the Inspector General of the Intelligence 
Community.
    ``(b) Purpose.--The purpose of the Office of the Inspector General 
of the Intelligence Community is to--
            ``(1) create an objective and effective office, 
        appropriately accountable to Congress, to initiate and conduct 
        independently investigations, inspections, and audits relating 
        to--
                    ``(A) the programs and operations of the 
                intelligence community;
                    ``(B) the elements of the intelligence community 
                within the National Intelligence Program; and
                    ``(C) the relationships between the elements of the 
                intelligence community within the National Intelligence 
                Program and the other elements of the intelligence 
                community;
            ``(2) recommend policies designed--
                    ``(A) to promote economy, efficiency, and 
                effectiveness in the administration and implementation 
                of such programs and operations, and in such 
                relationships; and
                    ``(B) to prevent and detect fraud and abuse in such 
                programs, operations, and relationships;
            ``(3) provide a means for keeping the Director of National 
        Intelligence fully and currently informed about--
                    ``(A) problems and deficiencies relating to the 
                administration and implementation of such programs and 
                operations, and to such relationships; and
                    ``(B) the necessity for, and the progress of, 
                corrective actions; and
            ``(4) in the manner prescribed by this section, ensure that 
        the congressional intelligence committees are kept similarly 
        informed of--
                    ``(A) significant problems and deficiencies 
                relating to the administration and implementation of 
                such programs and operations, and to such 
                relationships; and
                    ``(B) the necessity for, and the progress of, 
                corrective actions.
    ``(c) Inspector General of Intelligence Community.--(1) There is an 
Inspector General of the Intelligence Community, who shall be the head 
of the Office of the Inspector General of the Intelligence Community, 
who shall be appointed by the President, by and with the advice and 
consent of the Senate.
    ``(2) The nomination of an individual for appointment as Inspector 
General shall be made--
            ``(A) without regard to political affiliation;
            ``(B) solely on the basis of integrity, compliance with the 
        security standards of the intelligence community, and prior 
        experience in the field of intelligence or national security; 
        and
            ``(C) on the basis of demonstrated ability in accounting, 
        financial analysis, law, management analysis, public 
        administration, or auditing.
    ``(3) The Inspector General shall report directly to and be under 
the general supervision of the Director of National Intelligence.
    ``(4) The Inspector General may be removed from office only by the 
President. The President shall immediately communicate in writing to 
the congressional intelligence committees the reasons for the removal 
of any individual from the position of Inspector General.
    ``(d) Duties and Responsibilities.--It shall be the duty and 
responsibility of the Inspector General of the Intelligence Community--
            ``(1) to provide policy direction for, and to plan, 
        conduct, supervise, and coordinate independently, the 
        investigations, inspections, and audits relating to the 
        programs and operations of the intelligence community, the 
        elements of the intelligence community within the National 
        Intelligence Program, and the relationships between the 
        elements of the intelligence community within the National 
        Intelligence Program and the other elements of the intelligence 
        community to ensure they are conducted efficiently and in 
        accordance with applicable law and regulations;
            ``(2) to keep the Director of National Intelligence fully 
        and currently informed concerning violations of law and 
        regulations, violations of civil liberties and privacy, and 
        fraud and other serious problems, abuses, and deficiencies that 
        may occur in such programs and operations, and in such 
        relationships, and to report the progress made in implementing 
        corrective action;
            ``(3) to take due regard for the protection of intelligence 
        sources and methods in the preparation of all reports issued by 
        the Inspector General, and, to the extent consistent with the 
        purpose and objective of such reports, take such measures as 
        may be appropriate to minimize the disclosure of intelligence 
        sources and methods described in such reports; and
            ``(4) in the execution of the duties and responsibilities 
        under this section, to comply with generally accepted 
        government auditing standards.
    ``(e) Limitations on Activities.--(1) The Director of National 
Intelligence may prohibit the Inspector General of the Intelligence 
Community from initiating, carrying out, or completing any 
investigation, inspection, or audit if the Director determines that 
such prohibition is necessary to protect vital national security 
interests of the United States.
    ``(2) If the Director exercises the authority under paragraph (1), 
the Director shall submit an appropriately classified statement of the 
reasons for the exercise of such authority within 7 days to the 
congressional intelligence committees.
    ``(3) The Director shall advise the Inspector General at the time a 
report under paragraph (2) is submitted, and, to the extent consistent 
with the protection of intelligence sources and methods, provide the 
Inspector General with a copy of such report.
    ``(4) The Inspector General may submit to the congressional 
intelligence committees any comments on a report of which the Inspector 
General has notice under paragraph (3) that the Inspector General 
considers appropriate.
    ``(f) Authorities.--(1) The Inspector General of the Intelligence 
Community shall have direct and prompt access to the Director of 
National Intelligence when necessary for any purpose pertaining to the 
performance of the duties of the Inspector General.
    ``(2)(A) The Inspector General shall have access to any employee, 
or any employee of a contractor, of any element of the intelligence 
community whose testimony is needed for the performance of the duties 
of the Inspector General.
    ``(B) The Inspector General shall have direct access to all 
records, reports, audits, reviews, documents, papers, recommendations, 
or other material which relate to the programs and operations with 
respect to which the Inspector General has responsibilities under this 
section.
    ``(C) The level of classification or compartmentation of 
information shall not, in and of itself, provide a sufficient rationale 
for denying the Inspector General access to any materials under 
subparagraph (B).
    ``(D) Failure on the part of any employee, or any employee of a 
contractor, of any element of the intelligence community to cooperate 
with the Inspector General shall be grounds for appropriate 
administrative actions by the Director or, on the recommendation of the 
Director, other appropriate officials of the intelligence community, 
including loss of employment or the termination of an existing 
contractual relationship.
    ``(3) The Inspector General is authorized to receive and 
investigate complaints or information from any person concerning the 
existence of an activity constituting a violation of laws, rules, or 
regulations, or mismanagement, gross waste of funds, abuse of 
authority, or a substantial and specific danger to the public health 
and safety. Once such complaint or information has been received from 
an employee of the Federal Government--
            ``(A) the Inspector General shall not disclose the identity 
        of the employee without the consent of the employee, unless the 
        Inspector General determines that such disclosure is 
        unavoidable during the course of the investigation or the 
        disclosure is made to an official of the Department of Justice 
        responsible for determining whether a prosecution should be 
        undertaken; and
            ``(B) no action constituting a reprisal, or threat of 
        reprisal, for making such complaint may be taken by any 
        employee in a position to take such actions, unless the 
        complaint was made or the information was disclosed with the 
        knowledge that it was false or with willful disregard for its 
        truth or falsity.
    ``(4) The Inspector General shall have authority to administer to 
or take from any person an oath, affirmation, or affidavit, whenever 
necessary in the performance of the duties of the Inspector General, 
which oath, affirmation, or affidavit when administered or taken by or 
before an employee of the Office of the Inspector General of the 
Intelligence Community designated by the Inspector General shall have 
the same force and effect as if administered or taken by or before an 
officer having a seal.
    ``(5)(A) Except as provided in subparagraph (B), the Inspector 
General is authorized to require by subpoena the production of all 
information, documents, reports, answers, records, accounts, papers, 
and other data and documentary evidence necessary in the performance of 
the duties and responsibilities of the Inspector General.
    ``(B) In the case of departments, agencies, and other elements of 
the United States Government, the Inspector General shall obtain 
information, documents, reports, answers, records, accounts, papers, 
and other data and evidence for the purpose specified in subparagraph 
(A) using procedures other than by subpoenas.
    ``(C) The Inspector General may not issue a subpoena for or on 
behalf of any other element of the intelligence community, including 
the Office of the Director of National Intelligence.
    ``(D) In the case of contumacy or refusal to obey a subpoena issued 
under this paragraph, the subpoena shall be enforceable by order of any 
appropriate district court of the United States.
    ``(g) Coordination Among Inspectors General of Intelligence 
Community.--(1) In the event of a matter within the jurisdiction of the 
Inspector General of the Intelligence Community that may be subject to 
an investigation, inspection, or audit by both the Inspector General of 
the Intelligence Community and an Inspector General, whether statutory 
or administrative, with oversight responsibility for an element or 
elements of the intelligence community, the Inspector General of the 
Intelligence Community and such other Inspector or Inspectors General 
shall expeditiously resolve which Inspector General shall conduct such 
investigation, inspection, or audit. The Inspector General of the 
Intelligence Community shall make the final decision on the resolution 
of such jurisdiction.
    ``(2) The Inspector General conducting an investigation, 
inspection, or audit covered by paragraph (1) shall submit the results 
of such investigation, inspection, or audit to any other Inspector 
General, including the Inspector General of the Intelligence Community, 
with jurisdiction to conduct such investigation, inspection, or audit 
who did not conduct such investigation, inspection, or audit.
    ``(3) If an investigation, inspection, or audit covered by 
paragraph (1) is conducted by an Inspector General other than the 
Inspector General of the Intelligence Community, the Inspector General 
of the Intelligence Community may, upon completion of such 
investigation, inspection, or audit by such other Inspector General, 
conduct under this section a separate investigation, inspection, or 
audit of the matter concerned if the Inspector General of the 
Intelligence Community determines that such initial investigation, 
inspection, or audit was deficient in some manner or that further 
investigation, inspection, or audit is required.
    ``(h) Staff and Other Support.--(1) The Inspector General of the 
Intelligence Community shall be provided with appropriate and adequate 
office space at central and field office locations, together with such 
equipment, office supplies, maintenance services, and communications 
facilities and services as may be necessary for the operation of such 
offices.
    ``(2)(A) Subject to applicable law and the policies of the Director 
of National Intelligence, the Inspector General shall select, appoint, 
and employ such officers and employees as may be necessary to carry out 
the functions of the Inspector General. The Inspector General shall 
ensure that any officer or employee so selected, appointed, or employed 
has security clearances appropriate for the assigned duties of such 
officer or employee.
    ``(B) In making selections under subparagraph (A), the Inspector 
General shall ensure that such officers and employees have the 
requisite training and experience to enable the Inspector General to 
carry out the duties of the Inspector General effectively.
    ``(C) In meeting the requirements of this paragraph, the Inspector 
General shall create within the Office of the Inspector General of the 
Intelligence Community a career cadre of sufficient size to provide 
appropriate continuity and objectivity needed for the effective 
performance of the duties of the Inspector General.
    ``(3)(A) Subject to the concurrence of the Director, the Inspector 
General may request such information or assistance as may be necessary 
for carrying out the duties and responsibilities of the Inspector 
General from any department, agency, or other element of the United 
States Government.
    ``(B) Upon request of the Inspector General for information or 
assistance under subparagraph (A), the head of the department, agency, 
or element concerned shall, insofar as is practicable and not in 
contravention of any existing statutory restriction or regulation of 
the department, agency, or element, furnish to the Inspector General, 
or to an authorized designee, such information or assistance.
    ``(C) Each Inspector General of an element of the intelligence 
community shall comply fully with a request for information or 
assistance from the Inspector General of the Intelligence Community.
    ``(D) The Inspector General of the Intelligence Community may, upon 
reasonable notice to the head of any element of the intelligence 
community, conduct, as authorized by this section, an investigation, 
inspection, or audit of such element and may enter into any place 
occupied by such element for purposes of the performance of the duties 
of the Inspector General.
    ``(i) Reports.--(1)(A) The Inspector General of the Intelligence 
Community shall, not later than January 31 and July 31 of each year, 
prepare and submit to the Director of National Intelligence a 
classified, and, as appropriate, unclassified semiannual report 
summarizing the activities of the Office of the Inspector General of 
the Intelligence Community during the immediately preceding 6-month 
periods ending December 31 (of the preceding year) and June 30, 
respectively.
    ``(B) Each report under this paragraph shall include, at a minimum, 
the following:
            ``(i) A list of the title or subject of each investigation, 
        inspection, or audit conducted during the period covered by 
        such report, including a summary of the progress of each 
        particular investigation, inspection, or audit since the 
        preceding report of the Inspector General under this paragraph.
            ``(ii) A description of significant problems, abuses, and 
        deficiencies relating to the administration and implementation 
        of programs and operations of the intelligence community, and 
        in the relationships between elements of the intelligence 
        community, identified by the Inspector General during the 
        period covered by such report.
            ``(iii) A description of the recommendations for corrective 
        or disciplinary action made by the Inspector General during the 
        period covered by such report with respect to significant 
        problems, abuses, or deficiencies identified in clause (ii).
            ``(iv) A statement whether or not corrective or 
        disciplinary action has been completed on each significant 
        recommendation described in previous semiannual reports, and, 
        in a case where corrective action has been completed, a 
        description of such corrective action.
            ``(v) A certification whether or not the Inspector General 
        has had full and direct access to all information relevant to 
        the performance of the functions of the Inspector General.
            ``(vi) A description of the exercise of the subpoena 
        authority under subsection (f)(5) by the Inspector General 
        during the period covered by such report.
            ``(vii) Such recommendations as the Inspector General 
        considers appropriate for legislation to promote economy, 
        efficiency, and effectiveness in the administration and 
        implementation of programs and operations undertaken by the 
        intelligence community, and in the relationships between 
        elements of the intelligence community, and to detect and 
        eliminate fraud and abuse in such programs and operations and 
        in such relationships.
    ``(C) Not later than the 30 days after the date of receipt of a 
report under subparagraph (A), the Director shall transmit the report 
to the congressional intelligence committees together with any comments 
the Director considers appropriate.
    ``(2)(A) The Inspector General shall report immediately to the 
Director whenever the Inspector General becomes aware of particularly 
serious or flagrant problems, abuses, or deficiencies relating to the 
administration and implementation of programs or operations of the 
intelligence community or in the relationships between elements of the 
intelligence community.
    ``(B) The Director shall transmit to the congressional intelligence 
committees each report under subparagraph (A) within seven calendar 
days of receipt of such report, together with such comments as the 
Director considers appropriate.
    ``(3) In the event that--
            ``(A) the Inspector General is unable to resolve any 
        differences with the Director affecting the execution of the 
        duties or responsibilities of the Inspector General;
            ``(B) an investigation, inspection, or audit carried out by 
        the Inspector General focuses on any current or former 
        intelligence community official who--
                    ``(i) holds or held a position in an element of the 
                intelligence community that is subject to appointment 
                by the President, whether or not by and with the advice 
                and consent of the Senate, including such a position 
                held on an acting basis;
                    ``(ii) holds or held a position in an element of 
                the intelligence community, including a position held 
                on an acting basis, that is appointed by the Director 
                of National Intelligence; or
                    ``(iii) holds or held a position as head of an 
                element of the intelligence community or a position 
                covered by subsection (b) or (c) of section 106;
            ``(C) a matter requires a report by the Inspector General 
        to the Department of Justice on possible criminal conduct by a 
        current or former official described in subparagraph (B);
            ``(D) the Inspector General receives notice from the 
        Department of Justice declining or approving prosecution of 
        possible criminal conduct of any current or former official 
        described in subparagraph (B); or
            ``(E) the Inspector General, after exhausting all possible 
        alternatives, is unable to obtain significant documentary 
        information in the course of an investigation, inspection, or 
        audit,
the Inspector General shall immediately notify and submit a report on 
such matter to the congressional intelligence committees.
    ``(4) Pursuant to title V, the Director shall submit to the 
congressional intelligence committees any report or findings and 
recommendations of an investigation, inspection, or audit conducted by 
the office which has been requested by the Chairman or Vice Chairman or 
Ranking Minority Member of either committee.
    ``(5)(A) An employee of an element of the intelligence community, 
an employee assigned or detailed to an element of the intelligence 
community, or an employee of a contractor to the intelligence community 
who intends to report to Congress a complaint or information with 
respect to an urgent concern may report such complaint or information 
to the Inspector General.
    ``(B) Not later than the end of the 14-calendar day period 
beginning on the date of receipt from an employee of a complaint or 
information under subparagraph (A), the Inspector General shall 
determine whether the complaint or information appears credible. Upon 
making such a determination, the Inspector General shall transmit to 
the Director a notice of that determination, together with the 
complaint or information.
    ``(C) Upon receipt of a transmittal from the Inspector General 
under subparagraph (B), the Director shall, within seven calendar days 
of such receipt, forward such transmittal to the congressional 
intelligence committees, together with any comments the Director 
considers appropriate.
    ``(D)(i) If the Inspector General does not find credible under 
subparagraph (B) a complaint or information submitted under 
subparagraph (A), or does not transmit the complaint or information to 
the Director in accurate form under subparagraph (B), the employee 
(subject to clause (ii)) may submit the complaint or information to 
Congress by contacting either or both of the congressional intelligence 
committees directly.
    ``(ii) An employee may contact the intelligence committees directly 
as described in clause (i) only if the employee--
            ``(I) before making such a contact, furnishes to the 
        Director, through the Inspector General, a statement of the 
        employee's complaint or information and notice of the 
        employee's intent to contact the congressional intelligence 
        committees directly; and
            ``(II) obtains and follows from the Director, through the 
        Inspector General, direction on how to contact the intelligence 
        committees in accordance with appropriate security practices.
    ``(iii) A member or employee of one of the congressional 
intelligence committees who receives a complaint or information under 
clause (i) does so in that member or employee's official capacity as a 
member or employee of such committee.
    ``(E) The Inspector General shall notify an employee who reports a 
complaint or information to the Inspector General under this paragraph 
of each action taken under this paragraph with respect to the complaint 
or information. Such notice shall be provided not later than 3 days 
after any such action is taken.
    ``(F) An action taken by the Director or the Inspector General 
under this paragraph shall not be subject to judicial review.
    ``(G) In this paragraph, the term `urgent concern' means any of the 
following:
            ``(i) A serious or flagrant problem, abuse, violation of 
        law or Executive order, or deficiency relating to the funding, 
        administration, or operations of an intelligence activity 
        involving classified information, but does not include 
        differences of opinions concerning public policy matters.
            ``(ii) A false statement to Congress, or a willful 
        withholding from Congress, on an issue of material fact 
        relating to the funding, administration, or operation of an 
        intelligence activity.
            ``(iii) An action, including a personnel action described 
        in section 2302(a)(2)(A) of title 5, United States Code, 
        constituting reprisal or threat of reprisal prohibited under 
        subsection (f)(3)(B) of this section in response to an 
        employee's reporting an urgent concern in accordance with this 
        paragraph.
    ``(H) In support of this paragraph, Congress makes the findings set 
forth in paragraphs (1) through (6) of section 701(b) of the 
Intelligence Community Whistleblower Protection Act of 1998 (title VII 
of Public Law 105-272; 5 U.S.C. App. 8H note).
    ``(6) In accordance with section 535 of title 28, United States 
Code, the Inspector General shall report to the Attorney General any 
information, allegation, or complaint received by the Inspector General 
relating to violations of Federal criminal law that involves a program 
or operation of an element of the intelligence community, or in the 
relationships between the elements of the intelligence community, 
consistent with such guidelines as may be issued by the Attorney 
General pursuant to subsection (b)(2) of such section. A copy of each 
such report shall be furnished to the Director.
    ``(j) Separate Budget Account.--The Director of National 
Intelligence shall, in accordance with procedures to be issued by the 
Director in consultation with the congressional intelligence 
committees, include in the National Intelligence Program budget a 
separate account for the Office of Inspector General of the 
Intelligence Community.
    ``(k) Construction of Duties Regarding Elements of Intelligence 
Community.--Except as resolved pursuant to subsection (g), the 
performance by the Inspector General of the Intelligence Community of 
any duty, responsibility, or function regarding an element of the 
intelligence community shall not be construed to modify or effect the 
duties and responsibilities of any other Inspector General, whether 
statutory or administrative, having duties and responsibilities 
relating to such element.''.
    (2) The table of contents in the first section of the National 
Security Act of 1947 is amended by inserting after the item relating to 
section 103G the following new item:

``Sec. 103H. Inspector General of the Intelligence Community.''.
    (b) Repeal of Superseded Authority To Establish Position.--Section 
8K of the Inspector General Act of 1978 (5 U.S.C. App.) is repealed.
    (c) Executive Schedule Level IV.--Section 5314 of title 5, United 
States Code, is amended by adding at the end the following new item:
            ``Inspector General of the Intelligence Community.''.
    (d) Placement Within Office of Director of National Intelligence.--
Section 103(c) of the National Security Act of 1947 (50 U.S.C. 403-
3(c)) is amended--
            (1) by redesignating paragraph (9) as paragraph (11); and
            (2) by inserting after paragraph (8) the following new 
        paragraphs:
            ``(9) The Chief Information Officer of the Intelligence 
        Community.
            ``(10) The Office of the Inspector General of the 
        Intelligence Community.''.

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

    (a) In General.--Section 119A(a) of the National Security Act of 
1947 (50 U.S.C. 404o-1(a)) is amended--
            (1) by striking ``Not later than 18 months after the date 
        of the enactment of this Act, the'' and inserting ``(1) The''; 
        and
            (2) by adding at the end the following new paragraphs:
    ``(2) The head of the National Counter Proliferation Center shall 
be the Director of the National Counter Proliferation Center, who shall 
be appointed by the Director of National Intelligence.
    ``(3) The National Counter Proliferation Center shall be located 
within the Office of the Director of National Intelligence.''.
    (b) Conforming Amendment.--Section 103(c) of that Act (50 U.S.C. 
403-3(c)), as amended by section 408(d) of this Act, is further 
amended--
            (1) by redesignating paragraph (11) as paragraph (12); and
            (2) by inserting after paragraph (10) the following new 
        paragraph (11):
            ``(11) The Director of the National Counter Proliferation 
        Center.''.

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

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

     ``operational files in the office of the director of national 
                              intelligence

    ``Sec. 700. (a) Exemption of Certain Files From Search, Review, 
Publication, or Disclosure.--(1) Information and records described in 
paragraph (2) shall be exempt from the provisions of section 552 of 
title 5, United States Code, that require search, review, publication, 
or disclosure in connection therewith when--
            ``(A) such information or records are not disseminated 
        outside the Office of the Director of National Intelligence; or
            ``(B) such information or records are incorporated into new 
        information or records created by personnel of the Office in a 
        manner that identifies such new information or records as 
        incorporating such information or records and such new 
        information or records are not disseminated outside the Office.
    ``(2) Information and records described in this paragraph are the 
following:
            ``(A) Information disseminated or otherwise provided to an 
        element of the Office of the Director of National Intelligence 
        from the operational files of an element of the intelligence 
        community that have been exempted from search, review, 
        publication, or disclosure in accordance with this title or any 
        other provision of law.
            ``(B) Any information or records created by the Office that 
        incorporate information described in subparagraph (A).
    ``(3) An operational file of an element of the intelligence 
community from which information described in paragraph (2)(A) is 
disseminated or provided to the Office of the Director of National 
Intelligence as described in that paragraph shall remain exempt from 
search, review, publication, or disclosure under section 552 of title 
5, United States Code, to the extent the operational files from which 
such information was derived remain exempt from search, review, 
publication, or disclosure under section 552 of such title.
    ``(b) Search and Review of Certain Files.--Information disseminated 
or otherwise provided to the Office of the Director of National 
Intelligence by another element of the intelligence community that is 
not exempt from search, review, publication, or disclosure under 
subsection (a), and that is authorized to be disseminated outside the 
Office, shall be subject to search and review under section 552 of 
title 5, United States Code, but may remain exempt from publication and 
disclosure under such section by the element disseminating or providing 
such information to the Office to the extent authorized by such 
section.
    ``(c) Search and Review for Certain Purposes.--Notwithstanding 
subsection (a), exempted operational files shall continue to be subject 
to search and review for information concerning any of the following:
            ``(1) United States citizens or aliens lawfully admitted 
        for permanent residence who have requested information on 
        themselves pursuant to the provisions of section 552 or 552a of 
        title 5, United States Code.
            ``(2) Any special activity the existence of which is not 
        exempt from disclosure under the provisions of section 552 of 
        title 5, United States Code.
            ``(3) The specific subject matter of an investigation by 
        any of the following for any impropriety, or violation of law, 
        Executive order, or Presidential directive, in the conduct of 
        an intelligence activity:
                    ``(A) The Select Committee on Intelligence of the 
                Senate.
                    ``(B) The Permanent Select Committee on 
                Intelligence of the House of Representatives.
                    ``(C) The Intelligence Oversight Board.
                    ``(D) The Department of Justice.
                    ``(E) The Office of the Director of National 
                Intelligence.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of that Act is amended by inserting before the item relating to section 
701 the following new item:

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

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

    (a) In General.--Subsection (a) of section 402 of the Intelligence 
Authorization Act for Fiscal Year 1984 (50 U.S.C. 403e-1) is amended to 
read as follows:
    ``(a) Authority for Payment of Awards.--(1) The Director of 
National Intelligence may exercise the authority granted in section 
4503 of title 5, United States Code, with respect to Federal employees 
and members of the Armed Forces detailed or assigned to the Office of 
the Director of National Intelligence in the same manner as such 
authority may be exercised with respect to personnel of the Office.
    ``(2) The Director of the Central Intelligence Agency may exercise 
the authority granted in section 4503 of title 5, United States Code, 
with respect to Federal employees and members of the Armed Forces 
detailed or assigned to the Central Intelligence Agency in the same 
manner as such authority may be exercised with respect to personnel of 
the Agency.''.
    (b) Repeal of Obsolete Authority.--That section is further 
amended--
            (1) by striking subsection (c); and
            (2) by redesignating subsection (d) as subsection (c).
    (c) Conforming Amendments.--That section is further amended--
            (1) in subsection (b), by striking ``to the Central 
        Intelligence Agency or to the Intelligence Community Staff'' 
        and inserting ``to the Office of the Director of National 
        Intelligence or to the Central Intelligence Agency''; and
            (2) in subsection (c), as redesignated by subsection (b)(2) 
        of this section, by striking ``Director of Central 
        Intelligence'' and inserting ``Director of National 
        Intelligence or Director of the Central Intelligence Agency''.
    (d) Technical and Stylistic Amendments.--That section is further 
amended--
            (1) in subsection (b)--
                    (A) by inserting ``Personnel Eligible for Awards.--
                '' after ``(b)'';
                    (B) by striking ``subsection (a) of this section'' 
                and inserting ``subsection (a)''; and
                    (C) by striking ``a date five years before the date 
                of enactment of this section'' and inserting ``December 
                9, 1978''; and
            (2) in subsection (c), as so redesignated, by inserting 
        ``Payment and Acceptance of Awards.--'' after ``(c)''.

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

    (a) Repeal of Certain Authorities.--Section 904 of the 
Counterintelligence Enhancement Act of 2002 (title IX of Public Law 
107-306; 50 U.S.C. 402c) is amended--
            (1) by striking subsections (d), (g), (h), (i), and (j); 
        and
            (2) by redesignating subsections (e), (f), (k), (l), and 
        (m) as subsections (d), (e), (f), (g), and (h), respectively.
    (b) Conforming Amendments.--That section is further amended--
            (1) in subsection (d), as redesignated by subsection (a)(2) 
        of this section, by striking ``subsection (f)'' each place it 
        appears in paragraphs (1) and (2) and inserting ``subsection 
        (e)''; and
            (2) in subsection (f)(2), as so redesignated, by striking 
        ``subsection (e)(2)'' and inserting ``subsection (d)(2)''.

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

    Section 4(b) of the Federal Advisory Committee Act (5 U.S.C. App.) 
is amended--
            (1) in paragraph (1), by striking ``or'';
            (2) in paragraph (2), by striking the period and inserting 
        ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(3) the Office of the Director of National 
        Intelligence.''.

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

    Subparagraph (F) of section 115(b)(1) of title 49, United States 
Code, is amended to read as follows:
                    ``(F) The Director of National Intelligence, or the 
                Director's designee.''.

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

    (a) In General.--The Director of National Intelligence shall not be 
required to submit an audited financial statement under section 3515 of 
title 31, United States Code, for the Office of the Director of 
National Intelligence with respect to fiscal year 2005, 2006, or 2007.
    (b) Sense of Congress.--It is the sense of Congress that the 
Director of National Intelligence should make every effort to comply 
with the requirements of section 3515 of title 31, United States Code, 
at the earliest possible date, notwithstanding the exemption in 
subsection (a).

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

    (a) Authority To Exempt.--The Director of National Intelligence may 
prescribe regulations to exempt any system of records within the Office 
of the Director of National Intelligence from the applicability of the 
provisions of subsections (c)(3), (c)(4), and (d) of section 552a of 
title 5, United States Code.
    (b) Promulgation Requirements.--In prescribing any regulations 
under subsection (a), the Director shall comply with the requirements 
(including general notice requirements) of subsections (b), (c), and 
(e) of section 553 of title 5, United States Code.

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

    (a) Exemption.--Any personnel position in the Office of the 
Director of National Intelligence that is held by an employee of the 
Office of the Director of National Intelligence who is assigned on a 
full-time basis to the National Counterterrorism Center shall not be 
counted against any limitation applicable to new personnel positions 
within the Office of the Director of National Intelligence under 
section 1096 of the National Security Intelligence Reform Act of 2004 
(title I of Public Law 108-458; 118 Stat. 3698; 50 U.S.C. 401 note).
    (b) Applicability.--Subsection (a) shall apply during fiscal years 
2005 and 2006.

                Subtitle B--Central Intelligence Agency

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

    (a) Appointment of Director of Central Intelligence Agency.--
Section 104A(a) of the National Security Act of 1947 (50 U.S.C. 403-
4a(a)) is amended by inserting ``from civilian life'' after ``who shall 
be appointed''.
    (b) Establishment of Position of Deputy Director of Central 
Intelligence Agency.--Such section is further amended--
            (1) by redesignating subsections (b), (c), (d), (e), (f), 
        and (g) as subsections (c), (d), (e), (f), (g), and (h), 
        respectively; and
            (2) by inserting after subsection (a) the following new 
        subsection (b):
    ``(b) Deputy Director of Central Intelligence Agency.--(1) There is 
a Deputy Director of the Central Intelligence Agency who shall be 
appointed from civilian life by the President, by and with the advice 
and consent of the Senate.
    ``(2) The Deputy Director of the Central Intelligence Agency shall 
assist the Director of the Central Intelligence Agency in carrying out 
the duties and responsibilities of the Director.
    ``(3) The Deputy Director of the Central Intelligence Agency shall 
act for, and exercise the powers of, the Director of the Central 
Intelligence Agency during the absence or disability of the Director of 
the Central Intelligence Agency or during a vacancy in the position of 
Director of the Central Intelligence Agency.''.
    (c) Conforming Amendment.--Paragraph (2) of subsection (d) of such 
section, as redesignated by subsection (b)(1) of this section, is 
further amended by striking ``subsection (d)'' and inserting 
``subsection (e)''.
    (d) Executive Schedule Level III.--Section 5314 of title 5, United 
States Code, is amended by adding at the end the following new item:
            ``Deputy Director of the Central Intelligence Agency.''.
    (e) Role of DNI in Appointment.--Section 106(a)(2) of the National 
Security Act of 1947 (50 U.S.C. 403-6) is amended by adding at the end 
the following new subparagraph:
            ``(C) The Deputy Director of the Central Intelligence 
        Agency.''.
    (f) Military Status of Individual Administratively Performing 
Duties of Deputy Director of Central Intelligence Agency.--(1) The 
commissioned officer of the Armed Forces who is engaged in 
administrative performance of the duties of Deputy Director of the 
Central Intelligence Agency as of the date of the enactment of this Act 
shall not, while continuing in the administrative performance of such 
duties after that date--
            (A) be subject to supervision or control by the Secretary 
        of Defense or by any officer or employee of the Department of 
        Defense; or
            (B) exercise, by reason of the officer's status as a 
        commissioned officer, any supervision or control with respect 
        to any of the military or civilian personnel of the Department 
        of Defense except as otherwise authorized by law.
    (2) Except as provided in subparagraph (A) or (B) of paragraph (1), 
the administrative performance of duties described in that paragraph by 
the officer described in that paragraph shall not affect the status, 
position, rank, or grade of the officer in the Armed Forces, or any 
emolument, perquisite, right, privilege, or benefit incident to or 
arising out of such status, position, rank, or grade.
    (3) The commissioned officer described in paragraph (1), while 
continuing in the administrative performance of duties as described in 
that paragraph and while remaining on active duty, shall continue to 
receive military pay and allowances. Funds from which such pay and 
allowances are paid shall be reimbursed from funds available to the 
Director of the Central Intelligence Agency.
    (g) Effective Date and Applicability.--The amendments made by 
subsections (b) through (e) shall take effect on the date of the 
enactment of this Act and shall apply upon the earlier of--
            (1) the date of the nomination by the President of an 
        individual to serve as Deputy Director of the Central 
        Intelligence Agency, except that the individual 
        administratively performing the duties of the Deputy Director 
        of the Central Intelligence Agency as of the date of the 
        enactment of this Act may continue to perform such duties after 
        such date of nomination and until the individual appointed to 
        the position of Deputy Director of the Central Intelligence 
        Agency, by and with the advice and consent of the Senate, 
        assumes the duties of such position; or
            (2) the date of the cessation of the performance of the 
        duties of Deputy Director of the Central Intelligence Agency by 
        the individual administratively performing such duties as of 
        the date of the enactment of this Act.

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

    (a) Responsibility of Director of Central Intelligence Agency Under 
National Security Act of 1947.--Subsection (e) of section 104A of the 
National Security Act of 1947 (50 U.S.C. 403-4a), as amended by section 
403(b) of this Act and redesignated by section 421(b)(1) of this Act, 
is further amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) by redesignating paragraph (3) as paragraph (4); and
            (3) by inserting after paragraph (2) the following new 
        paragraph (3):
            ``(3) protect intelligence sources and methods of the 
        Central Intelligence Agency from unauthorized disclosure, 
        consistent with any direction issued by the President or the 
        Director of National Intelligence; and''.
    (b) Protection Under Central Intelligence Agency Act of 1949.--
Section 6 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
403g) is amended by striking ``section 102A(i)'' and all that follows 
through ``unauthorized disclosure'' and inserting ``sections 102A(i) 
and 104A(e)(3) of the National Security Act of 1947 (50 U.S.C. 403-
1(i), 403-4a(e)(3))''.
    (c) Construction With Exemption From Requirement for Disclosure of 
Information to Public.--Section 104A(e)(3) of the National Security Act 
of 1947, as amended by subsection (a), and section 6 of the Central 
Intelligence Agency Act of 1949, as amended by subsection (b), shall be 
treated as statutes that specifically exempt from disclosure the 
matters specified in such sections for purposes of section 552(b)(3) of 
title 5, United States Code.

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

    (a) Additional Exception.--Subsection (h) of section 104A of the 
National Security Act of 1947 (50 U.S.C. 403-4a), as redesignated by 
section 421(b)(1) of this Act, is further amended--
            (1) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (3)'';
            (2) in paragraph (2), by striking ``position or category of 
        positions'' each place it appears and inserting ``individual, 
        individuals, position, or category of positions''; and
            (3) by adding at the end the following new paragraph:
    ``(3) Paragraph (1) shall not apply to any individual in the 
Directorate of Intelligence or the Directorate of Operations of the 
Central Intelligence Agency who is serving in a Senior Intelligence 
Service position as of December 23, 2004, regardless of whether such 
individual is a member of the Senior Intelligence Service.''.
    (b) Report on Waivers.--Section 611(c) of the Intelligence 
Authorization Act for Fiscal Year 2005 (Public Law 108-487; 118 Stat. 
3955) is amended--
            (1) in the first sentence--
                    (A) by inserting ``individuals or'' before 
                ``positions''; and
                    (B) by striking ``section 104A(g) of the National 
                Security Act of 1947, as added by subsection (a)'' and 
                inserting ``section 104A(h) of the National Security 
                Act of 1947, as added by subsection (a) and 
                redesignated by section 421(b)(1) of the Intelligence 
                Authorization Act for Fiscal Year 2006''; and
            (2) in the second sentence--
                    (A) by striking ``section 104A(g)(2), as so added'' 
                and inserting ``section 104A(h)(2), as so added and 
                redesignated''; and
                    (B) by striking ``position or category of 
                positions'' and inserting ``individual, individuals, 
                position, or category of positions''.

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

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

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

    Section 5(a)(4) of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403f(a)(4)) is amended--
            (1) by inserting ``(A)'' after ``(4)'';
            (2) in subparagraph (A), as so designated--
                    (A) by striking ``and the protection'' and 
                inserting ``the protection''; and
                    (B) by striking the semicolon and inserting ``, and 
                the protection of the Director of National Intelligence 
                and such personnel of the Office of the Director of 
                National Intelligence as the Director of National 
                Intelligence may designate; and''; and
            (2) by adding at the end the following new subparagraph:
            ``(B) Authorize personnel engaged in the performance of 
        protective functions authorized pursuant to subparagraph (A), 
        when engaged in the performance of such functions, to make 
        arrests without warrant for any offense against the United 
        States committed in the presence of such personnel, or for any 
        felony cognizable under the laws of the United States, if such 
        personnel have reasonable grounds to believe that the person to 
        be arrested has committed or is committing such felony, except 
        that any authority pursuant to this subparagraph may be 
        exercised only in accordance with guidelines approved by the 
        Director and the Attorney General and such personnel may not 
        exercise any authority for the service of civil process or for 
        the investigation of criminal offenses;''.

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

    (a) In General.--Section 528 of title 10, United States Code, is 
amended to read as follows:
``Sec. 528. Exclusion: officer serving as Associate Director of the 
              Central Intelligence Agency for Military Support
    ``An officer of the armed forces assigned to the position of 
Associate Director of the Central Intelligence Agency for Military 
Support, while serving in that position, shall not be counted against 
the numbers and percentages of the grade of that officer authorized for 
that officer's armed force.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 32 of such title is amended by striking the item relating to 
section 528 and inserting the following new item:

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

              Subtitle C--Defense Intelligence Components

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

    (a) Disclosure.--Subsection (a) of section 503 of the Intelligence 
Authorization Act for Fiscal Year 1995 (Public Law 103-359; 108 Stat. 
3430; 10 U.S.C. 424 note) is amended--
            (1) by striking ``Notwithstanding'' and inserting ``(1) 
        Except as provided in paragraph (2) and notwithstanding'';
            (2) in paragraph (1), as so designated--
                    (A) by striking ``intelligence'' the second place 
                it appears and inserting ``foreign intelligence''; and
                    (B) by striking ``an initial assessment contact 
                outside the United States'' and inserting ``assessment 
                contacts''; and
            (3) by adding at the end the following new paragraph:
    ``(2) Intelligence personnel described in paragraph (1) shall be 
required, when making an assessment contact within the United States, 
to give notice of governmental affiliation to potential sources who are 
United States persons unless the Director of the Defense Intelligence 
Agency, or the single designee of the Director, determines that--
            ``(A) foreign intelligence, counterintelligence, security, 
        or other operational concerns require that such notice not be 
        given; and
            ``(B) such assessment contact is undertaken for the purpose 
        of determining whether such United States person possesses, or 
        has access to, foreign intelligence information, and whether 
        such United States person is credible or suitable as a source, 
        provided that no assessment contact shall be undertaken under 
        this section for the purpose of acquiring information 
        concerning the domestic activities of any United States 
        person.''.
    (b) Information in Records.--Subsection (b) of such section is 
amended by striking the second sentence and inserting the following new 
sentence: ``Such records shall include the authority under which the 
information was collected, any interagency coordination required before 
the contact, a brief description of such coordination, the basis for 
not disclosing governmental affiliation (if not disclosed), the nature 
of the information obtained from any United States person as a result 
of the contact, and whether any assessment contacts beyond an initial 
assessment contact resulted with the person concerned.''.
    (c) Conforming Amendment.--The heading of such section is amended 
by striking ``outside of the united states''.
    (d) Assessment Contacts.--(1) The Director of National Intelligence 
shall examine the legal and regulatory requirements or guidelines 
applicable to assessment contacts in order to determine whether such 
requirements or guidelines should be modified to ensure that 
appropriate protections are afforded United States persons in such 
contacts after the amendments made by this section come into effect.
    (2) If the Director determines as a result of the examination 
required by paragraph (1) that the requirements or guidelines described 
in that paragraph should be modified as specified in that paragraph, 
the Director shall so modify such requirements or regulations.
    (3) Nothing in this section or the amendments made by this section 
shall be deemed or construed to constitute authority for the 
collection, retention, or dissemination of information concerning 
United States persons not otherwise authorized by law or Executive 
order.

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

    (a) Termination of Employees.--Subsection (d)(1)(C) of section 16 
of the National Security Agency Act of 1959 (50 U.S.C. 402 note) is 
amended by striking ``terminated either by'' and all that follows and 
inserting ``terminated--
                    ``(i) by the Agency due to misconduct by the 
                employee;
                    ``(ii) by the employee voluntarily; or
                    ``(iii) by the Agency for the failure of the 
                employee to maintain such level of academic standing in 
                the educational course of training as the Director of 
                the National Security Agency shall have specified in 
                the agreement of the employee under this subsection; 
                and''.
    (b) Authority To Withhold Disclosure of Affiliation With NSA.--
Subsection (e) of such section is amended by striking ``(1) When an 
employee'' and all that follows through ``(2) Agency efforts'' and 
inserting ``Agency efforts''.

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

    The National Security Agency Act of 1959 (50 U.S.C. 402 note) is 
amended by adding at the end the following new section:
    ``Sec. 20. (a) The Director is authorized to designate personnel of 
the Agency to perform protective functions for the Director and for any 
personnel of the Agency designated by the Director.
    ``(b)(1) In the performance of protective functions under this 
section, personnel of the Agency designated to perform protective 
functions pursuant to subsection (a) are authorized, when engaged in 
the performance of such functions, to make arrests without a warrant 
for--
            ``(A) any offense against the United States committed in 
        the presence of such personnel; or
            ``(B) any felony cognizable under the laws of the United 
        States if such personnel have reasonable grounds to believe 
        that the person to be arrested has committed or is committing 
        such felony.
    ``(2) The authority in paragraph (1) may be exercised only in 
accordance with guidelines approved by the Director and the Attorney 
General.
    ``(3) Personnel of the Agency designated to perform protective 
functions pursuant to subsection (a) shall not exercise any authority 
for the service of civil process or the investigation of criminal 
offenses.
    ``(c) Nothing in this section shall be construed to impair or 
otherwise affect any authority under any other provision of law 
relating to the performance of protective functions.''.

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

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

         ``operational files of the defense intelligence agency

    ``Sec. 705. (a) Exemption of Certain Operational Files From Search, 
Review, Publication, or Disclosure.--Operational files of the Defense 
Intelligence Agency may be exempted by the Director of the Defense 
Intelligence Agency, in coordination with the Director of National 
Intelligence, from the provisions of section 552 of title 5, United 
States Code, which require publication, disclosure, search, or review 
in connection therewith.
    ``(b) Operational Files Defined.--(1) In this section, the term 
`operational files' means--
            ``(A) files of the Directorate of Human Intelligence of the 
        Defense Intelligence Agency, or its successor organizations, 
        which document the conduct of foreign intelligence or 
        counterintelligence operations, intelligence or security 
        liaison arrangements, or information exchanges with foreign 
        governments or their intelligence or security services; and
            ``(B) files of the Directorate of Technology of the Defense 
        Intelligence Agency, or its successor organizations, which 
        document the means by which foreign intelligence or 
        counterintelligence is collected through technical systems.
    ``(2) Files which are the sole repository of disseminated 
intelligence are not operational files.
    ``(c) Search and Review for Information.--Notwithstanding 
subsection (a), exempted operational files shall continue to be subject 
to search and review for information concerning any of the following:
            ``(1) United States citizens or aliens lawfully admitted 
        for permanent residence who have requested information on 
        themselves pursuant to the provisions of section 552 or 552a of 
        title 5, United States Code.
            ``(2) Any special activity the existence of which is not 
        exempt from disclosure under the provisions of section 552 of 
        title 5, United States Code.
            ``(3) The specific subject matter of an investigation by 
        any of the following for any impropriety, or violation of law, 
        Executive order, or Presidential directive, in the conduct of 
        an intelligence activity:
                    ``(A) The Committee on Armed Services and the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives.
                    ``(B) The Committee on Armed Services and the 
                Select Committee on Intelligence of the Senate.
                    ``(C) The Intelligence Oversight Board.
                    ``(D) The Department of Justice.
                    ``(E) The Office of the Director of the Defense 
                Intelligence Agency.
                    ``(F) The Office of the Director of National 
                Intelligence.
                    ``(G) The Office of General Counsel of the Defense 
                Intelligence Agency.
                    ``(H) The Office of General Counsel of the 
                Department of Defense.
                    ``(I) The Office of the General Counsel of the 
                Office of the Director of National Intelligence.
                    ``(J) The Office of Inspector General of the 
                Defense Intelligence Agency.
                    ``(K) The Office of Inspector General of the 
                Department of Defense.
                    ``(L) The Office of Inspector General of the 
                Intelligence Community.
    ``(d) Information Derived or Disseminated From Exempted Operational 
Files.--(1) Files that are not exempted under subsection (a) which 
contain information derived or disseminated from exempted operational 
files shall be subject to search and review.
    ``(2) The inclusion of information from exempted operational files 
in files that are not exempted under subsection (a) shall not affect 
the exemption under subsection (a) of the originating operational files 
from search, review, publication, or disclosure.
    ``(3) Records from exempted operational files which have been 
disseminated to and referenced in files that are not exempted under 
subsection (a) and which have been returned to exempted operational 
files for sole retention shall be subject to search and review.
    ``(e) Supersedure of Other Laws.--The provisions of subsection (a) 
shall not be superseded except by a provision of law which is enacted 
after the date of the enactment of this section and that specifically 
cites and repeals or modifies such provisions.
    ``(f) Allegation; Improper Withholding of Records; Judicial 
Review.--(1) Whenever any person who has requested agency records under 
section 552 of title 5, United States Code, alleges that the Defense 
Intelligence Agency has improperly withheld records because of failure 
to comply with any provision of this section, judicial review shall be 
available under the terms set forth in section 552(a)(4)(B) of title 5, 
United States Code, except as provided in paragraph (2).
    ``(2) Any judicial review under paragraph (1) shall proceed under 
the terms set forth in section 552(a)(4)(B) of title 5, United States 
Code, except as follows:
            ``(A) In any case in which information specifically 
        authorized under criteria established by an Executive Order to 
        be kept secret in the interest of national defense or foreign 
        relations which is filed with, or produced for, the court by 
        the Defense Intelligence Agency, such information shall be 
        examined ex parte, in camera by the court.
            ``(B) The court shall, to the fullest extent practicable, 
        determine issues of fact based on sworn written submissions of 
        the parties.
            ``(C) When a complaint alleges that requested records were 
        improperly withheld because of improper placement solely in 
        exempted operational files, the complainant shall support such 
        allegation with a sworn written submission, based upon personal 
        knowledge or otherwise admissible evidence.
            ``(D)(i) When a complainant alleges that requested records 
        were improperly withheld because of improper exemption of 
        operational files, the Defense Intelligence Agency shall meet 
        its burden under section 552(a)(4)(B) of title 5, United States 
        Code, by demonstrating to the court by sworn written submission 
        that exempted operational files likely to contain responsive 
        records currently perform the functions set forth in subsection 
        (b).
            ``(ii) The court may not order the Defense Intelligence 
        Agency to review the content of any exempted operational file 
        or files in order to make the demonstration required under 
        subparagraph (A) unless the complainant disputes the Defense 
        Intelligence Agency's showing with a sworn written submission 
        based on personal knowledge or otherwise admissible evidence.
            ``(E) In proceedings under subparagraphs (C) and (D), the 
        parties shall not obtain discovery pursuant to rules 26 through 
        36 of the Federal Rules of Civil Procedure, except that 
        requests for admission may be made pursuant to rules 26 and 36.
            ``(F) If the court finds under this subsection that the 
        Defense Intelligence Agency has improperly withheld requested 
        records because of failure to comply with any provision of this 
        section, the court shall order the Defense Intelligence Agency 
        to search and review the appropriate exempted operational file 
        or files for the requested records and make such records, or 
        portions thereof, available in accordance with the provisions 
        of section 552 of title 5, United States Code, and such order 
        shall be the exclusive remedy for failure to comply with this 
        section.
            ``(G) If at any time following the filing of a complaint 
        pursuant to this subsection the Defense Intelligence Agency 
        agrees to search the appropriate exempted operational file or 
        files for the requested records, the court shall dismiss the 
        claim based upon such complaint.
            ``(H) Any information filed with or produced for the court 
        pursuant to subparagraphs (A) and (D) shall be coordinated with 
        the Director of National Intelligence before submission to the 
        court.
    ``(g) Decennial Review of Exempted Operational Files.--(1) Not less 
than once every 10 years, the Director of the Defense Intelligence 
Agency and the Director of National Intelligence shall review the 
exemptions in force under subsection (a) to determine whether such 
exemptions may be removed from any category of exempted files or any 
portion thereof. The Director of National Intelligence must approve any 
determination to remove such exemptions.
    ``(2) The review required by paragraph (1) shall include 
consideration of the historical value or other public interest in the 
subject matter of the particular category of files or portions thereof 
and the potential for declassifying a significant part of the 
information contained therein.
    ``(3) A complainant who alleges that the Defense Intelligence 
Agency has improperly withheld records because of failure to comply 
with this subsection may seek judicial review in the district court of 
the United States of the district in which any of the parties reside, 
or in the District of Columbia. In such a proceeding, the court's 
review shall be limited to determining the following:
            ``(A) Whether the Defense Intelligence Agency has conducted 
        the review required by paragraph (1) before the expiration of 
        the 10-year period beginning on the date of the enactment of 
        this section or before the expiration of the 10-year period 
        beginning on the date of the most recent review.
            ``(B) Whether the Defense Intelligence Agency, in fact, 
        considered the criteria set forth in paragraph (2) in 
        conducting the required review.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of that Act is amended by inserting after the item relating to section 
704 the following new item:

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

SEC. 435. INSPECTOR GENERAL MATTERS.

    (a) Coverage Under Inspector General Act of 1978.--Subsection 
(a)(2) of section 8G of the Inspector General Act of 1978 (5 U.S.C. 
App. 8G) is amended--
            (1) by inserting ``the Defense Intelligence Agency,'' after 
        ``the Corporation for Public Broadcasting,'';
            (2) by inserting ``the National Geospatial-Intelligence 
        Agency,'' after ``the National Endowment for the Arts,''; and
            (3) by inserting ``the National Reconnaissance Office, the 
        National Security Agency,'' after ``the National Labor 
        Relations Board,''.
    (b) Certain Designations Under Inspector General Act of 1978.--
Subsection (a) of section 8H of the Inspector General Act of 1978 (5 
U.S.C. App. 8H) is amended by adding at the end the following new 
paragraph:
    ``(3) The Inspectors General of the Defense Intelligence Agency, 
the National Geospatial-Intelligence Agency, the National 
Reconnaissance Office, and the National Security Agency shall be 
designees of the Inspector General of the Department of Defense for 
purposes of this section.''.
    (c) Power of Heads of Elements Over Investigations.--Subsection (d) 
of section 8G of that Act--
            (1) by inserting ``(1)'' after ``(d)'';
            (2) in the second sentence of paragraph (1), as designated 
        by paragraph (1) of this subsection, by striking ``The head'' 
        and inserting ``Except as provided in paragraph (2), the 
        head''; and
            (3) by adding at the end the following new paragraph:
    ``(2)(A) The Director of National Intelligence or the Secretary of 
Defense may prohibit the Inspector General of an element of the 
intelligence community specified in subparagraph (D) from initiating, 
carrying out, or completing any audit or investigation if the Director 
or the Secretary, as the case may be, determines that the prohibition 
is necessary to protect vital national security interests of the United 
States.
    ``(B) If the Director or the Secretary exercises the authority 
under subparagraph (A), the Director or the Secretary, as the case may 
be, shall submit to the committees of Congress specified in 
subparagraph (E) an appropriately classified statement of the reasons 
for the exercise of the authority not later than seven days after the 
exercise of the authority.
    ``(C) At the same time the Director or the Secretary submits under 
subparagraph (B) a statement on the exercise of the authority in 
subparagraph (A) to the committees of Congress specified in 
subparagraph (E), the Director or the Secretary, as the case may be, 
shall notify the Inspector General of such element of the submittal of 
such statement and, to the extent consistent with the protection of 
intelligence sources and methods, provide the Inspector General with a 
copy of such statement. The Inspector General may submit to such 
committees of Congress any comments on a notice or statement received 
by the Inspector General under this subparagraph that the Inspector 
General considers appropriate.
    ``(D) The elements of the intelligence community specified in this 
subparagraph are as follows:
            ``(i) The Defense Intelligence Agency.
            ``(ii) The National Geospatial-Intelligence Agency.
            ``(iii) The National Reconnaissance Office.
            ``(iv) The National Security Agency.
    ``(E) The committees of Congress specified in this subparagraph 
are--
            ``(i) the Committee on Armed Services and the Select 
        Committee on Intelligence of the Senate; and
            ``(ii) the Committee on Armed Services and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives.''.

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

    (a) Director of National Security Agency.--The National Security 
Agency Act of 1959 (50 U.S.C. 402 note) is amended by inserting after 
the first section the following new section:
    ``Sec. 2. (a) There is a Director of the National Security Agency.
    ``(b) The Director of the National Security Agency shall be 
appointed by the President, by and with the advice and consent of the 
Senate.
    ``(c) The Director of the National Security Agency shall be the 
head of the National Security Agency and shall discharge such functions 
and duties as are provided by this Act or otherwise by law.''.
    (b) Director of National Geospatial-Intelligence Agency.--Section 
441(b) of title 10, United States Code, is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (2) by inserting after paragraph (1) the following new 
        paragraph (2):
    ``(2) The Director of the National Geospatial Intelligence Agency 
shall be appointed by the President, by and with the advice and consent 
of the Senate.''.
    (c) Director of National Reconnaissance Office.--The Director of 
the National Reconnaissance Office shall be appointed by the President, 
by and with the advice and consent of the Senate.
    (d) Effective Date and Applicability.--The amendments made by 
subsections (a) and (b), and subsection (c), shall take effect on the 
date of the enactment of this Act and shall apply upon the earlier of--
            (1) the date of the nomination by the President of an 
        individual to serve in the position concerned, except that the 
        individual serving in such position as of the date of the 
        enactment of this Act may continue to perform such duties after 
        such date of nomination and until the individual appointed to 
        such position, by and with the advice and consent of the 
        Senate, assumes the duties of such position; or
            (2) the date of the cessation of the performance of the 
        duties of such position by the individual performing such 
        duties as of the date of the enactment of this Act.

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

    (a) In General.--Subject to subsection (b), the Director of 
National Intelligence or the Secretary of Defense, or the Director of 
the National Geospatial-Intelligence Agency upon the delegation of 
either such official, may utilize with respect to the personnel of the 
National Geospatial-Intelligence Agency any security clearance 
authority (including any authority relating to the use of contractor 
personnel in investigations or adjudications for security clearances) 
that is available to the Director of National Intelligence, the 
Secretary of Defense, or the Director of the National Security Agency 
with respect to the personnel of the National Security Agency.
    (b) Expiration.--Subsection (a) shall cease to have effect on 
December 31, 2007.

                       Subtitle D--Other Elements

SEC. 441. DEPARTMENT OF JUSTICE INTELLIGENCE MATTERS.

    (a) Assistant Attorney General for National Security.--
            (1) In general.--Chapter 31 of title 28, United States 
        Code, is amended by inserting after section 507 the following 
        new section:
``Sec. 507A. Assistant Attorney General for National Security
    ``(a) Of the Assistant Attorneys General appointed under section 
506, one shall serve, upon the designation of the President, as the 
Assistant Attorney General for National Security.
    ``(b) The Assistant Attorney General for National Security shall--
            ``(1) serve as the head of the National Security Division 
        of the Department of Justice under section 509A of this title;
            ``(2) serve as primary liaison to the Director of National 
        Intelligence for the Department of Justice;
            ``(3) perform such other duties as the Attorney General may 
        prescribe; and
            ``(4) perform such other duties and functions as the 
        Director of National Intelligence may prescribe, except that 
        the Director shall have no authority through the Assistant 
        Attorney General to perform any police, subpoena, law 
        enforcement, or prosecution powers or internal security 
        functions not otherwise authorized by law.''.
            (2) Additional assistant attorney general.--Section 506 of 
        title 28, United States Code, is amended by striking ``ten'' 
        and inserting ``11''.
            (3) Executive schedule matters.--Section 5315 of title 5, 
        United States Code, is amended by striking the matter relating 
        to Assistant Attorneys General and inserting the following:
            ``Assistant Attorneys General (11).''.
            (4) Concurrence of Director of National Intelligence in 
        Appointment.--Section 106(b)(2) of the National Security Act of 
        1947 (50 U.S.C. 403-6(b)(2)) is amended by adding at the end 
        the following new subparagraph:
            ``(J) The Assistant Attorney General designated as the 
        Assistant Attorney General for National Security under section 
        507A of title 28, United States Code.''.
            (5) Authority to act for attorney general under foreign 
        intelligence surveillance act of 1978.--Section 101(g) of the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1801(g)) is amended by striking ``or the Deputy Attorney 
        General'' and inserting ``, the Deputy Attorney General, or, 
        upon the designation of the Attorney General, the Assistant 
        Attorney General designated as the Assistant Attorney General 
        for National Security under section 507A of title 28, United 
        States Code''.
    (b) National Security Division of Department of Justice.--Chapter 
31 of title 28, United States Code, is further amended by inserting 
after section 509 the following new section:
``Sec. 509A. National Security Division
    ``(a) There is a National Security Division of the Department of 
Justice.
    ``(b) The National Security Division shall consist of the elements 
of the Department of Justice (other than the Federal Bureau of 
Investigation) engaged primarily in support of the intelligence and 
intelligence-related activities of the United States Government, 
including the following:
            ``(1) The Assistant Attorney General designated as the 
        Assistant Attorney General for National Security under section 
        507A of this title.
            ``(2) The Office of Intelligence Policy and Review (or any 
        successor organization).
            ``(3) The counterterrorism section (or any successor 
        organization).
            ``(4) The counterespionage section (or any successor 
        organization).
            ``(5) Any other element, component, or office jointly 
        designated by the Attorney General and the Director of National 
        Intelligence.''.
    (c) Clerical Amendments.--The table of sections at the beginning of 
chapter 31 of title 28, United States Code, is amended--
            (1) by inserting after the item relating to section 507 the 
        following new item:

``507A. Assistant Attorney General for National Security.''.
        and
            (2) by inserting after the item relating to section 509 the 
        following new item:

``509A. National Security Division.''.
    (d) Inclusion in Intelligence Community of Elements of Department 
of Justice.--Section 3(4) of the National Security Act of 1947 (50 
U.S.C. 401a(4)) is amended--
            (1) by redesignating subparagraph (L), as amended by 
        section 303 of this Act, as subparagraph (M): and
            (2) by inserting after subparagraph (K) the following new 
        subparagraph (L):
            ``(L) The National Security Division of the Department of 
        Justice, except those components or portions charged with the 
        investigation or prosecution of the offense of domestic 
        terrorism.''.
    (e) Funding for Assistant Attorney General and National Security 
Division.--(1) The President shall, from funds available for the 
National Intelligence Program, make available to the Assistant Attorney 
General designated as the Assistant Attorney General for National 
Security under section 507A of title 28, United States Code (as added 
by subsection (a)), and to the National Security Division of the 
Department of Justice under section 509A of title 28, United States 
Code (as added by subsection (b)), such funds as shall be required for 
the performance of their duties, activities, and operations.
    (2) It is the sense of Congress that the amount of funds made 
available under paragraph (1), and the budgets of the Assistant 
Attorney General and the National Security Division of the Department 
of Justice, should, to the maximum extent practicable, be unclassified.
    (f) Procedures for Confirmation of the Assistant Attorney General 
for National Security.--(1) Section 17 of Senate Resolution 400 (94th 
Congress) is amended--
            (A) in subsection (a), by striking ``(a) The'' and 
        inserting ``(a)(1) Except as otherwise provided in subsection 
        (b), the'';
            (B) in subsection (b), by striking ``(b)'' and inserting 
        ``(2)''; and
            (C) by inserting after subsection (a) the following new 
        subsection:
    ``(b)(1) With respect to the confirmation of the Assistant Attorney 
General for National Security, or any successor position serving as the 
head of an element of the intelligence community within the Department 
of Justice, the nomination of any individual by the President to serve 
in such position shall be referred to the Committee on the Judiciary 
and, if and when reported, to the select Committee for not to exceed 20 
calendar days, except that in cases when the 20-day period expires 
while the Senate is in recess, the select Committee shall have 5 
additional calendar days after the Senate reconvenes to report the 
nomination.
    ``(2) If, upon the expiration of the period described in paragraph 
(1), the select Committee has not reported the nomination, such 
nomination shall be automatically discharged from the select Committee 
and placed on the Executive Calendar.''.
    (2) Paragraph (1) is enacted--
            (A) as an exercise of the rulemaking power of the Senate; 
        and
            (B) with full recognition of the constitutional right of 
        the Senate to change the rules of the Senate at any time and to 
        the same extent as in the case of any other rule of the Senate.

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

    (a) Authority To Pay Incentive.--The Director of the Federal Bureau 
of Investigation may pay a cash award authorized by section 4523 of 
title 5, United States Code, in accordance with the provisions of such 
section, to any employee of the Federal Bureau of Investigation 
described in subsection (b) as if such employee were a law enforcement 
officer as specified in such section.
    (b) Covered Employees.--An employee of the Federal Bureau of 
Investigation described in this subsection is any employee of the 
Federal Bureau of Investigation--
            (1) who uses foreign language skills in support of the 
        analyses, investigations, or operations of the Bureau to 
        protect against international terrorism or clandestine 
        intelligence activities (or maintains foreign language skills 
        for purposes of such support); and
            (2) whom the Director of the Federal Bureau of 
        Investigation, subject to the joint guidance of the Attorney 
        General and the Director of National Intelligence, may 
        designate for purposes of this section.

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

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

     ``services by contract for bureau of intelligence and research

    ``Sec. 23A. (a) Authority To Enter Into Contracts.--The Secretary 
may enter into contracts with individuals or organizations for the 
provision of services in support of the mission of the Bureau of 
Intelligence and Research of the Department of State if the Secretary 
determines that--
            ``(1) the services to be procured are urgent or unique; and
            ``(2) it would not be practicable for the Department to 
        obtain such services by other means.
    ``(b) Treatment as Employees of the United States Government.--(1) 
Individuals employed under a contract pursuant to the authority in 
subsection (a) shall not, by virtue of the performance of services 
under such contract, be considered employees of the United States 
Government for purposes of any law administered by the Office of 
Personnel Management.
    ``(2) The Secretary may provide for the applicability to 
individuals described in paragraph (1) of any law administered by the 
Secretary concerning the employment of such individuals.''.

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

    Section 3(4) of the National Security Act of 1947 (50 U.S.C. 
401a(4)) is amended--
            (1) in subparagraph (H), by inserting ``the Coast Guard,'' 
        after ``the Marine Corps,''; and
            (2) in subparagraph (K), by striking ``, including the 
        Office of Intelligence of the Coast Guard''.

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

    Section 105(b) of the Intelligence Authorization Act for Fiscal 
Year 2004 (Public Law 108-177; 117 Stat. 2603; 31 U.S.C. 311 note) is 
amended--
            (1) by striking ``Director of Central Intelligence'' and 
        inserting ``Director of National Intelligence''; and
            (2) by inserting ``or in section 313 of such title,'' after 
        ``subsection (a)),''.

                         TITLE V--OTHER MATTERS

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

    The National Security Act of 1947 (50 U.S.C. 401 et seq.) is 
amended as follows:
            (1) In section 102A (50 U.S.C. 403-1)--
                    (A) in subsection (c)(7)(A), by striking 
                ``section'' and inserting ``subsection'';
                    (B) in subsection (d)--
                            (i) in paragraph (3), by striking 
                        ``subparagraph (A)'' in the matter preceding 
                        subparagraph (A) and inserting ``paragraph 
                        (1)(A)''; and
                            (ii) in paragraph (5)(A), by striking ``or 
                        personnel'' in the matter preceding clause (i); 
                        and
                    (C) in subsection (l)(2)(B), by striking 
                ``section'' and inserting ``paragraph''.
            (2) In section 119(c)(2)(B) (50 U.S.C. 404o(c)(2)(B)), by 
        striking ``subsection (h)'' and inserting ``subsection (i)''.

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

    Section 102A of the National Security Act of 1947 (50 U.S.C. 403-1) 
is amended--
            (1) in subsection (c)(3)(A), by inserting ``, or for any 
        successor program or programs'' after ``Activities''; and
            (2) in subsection (d)(1)(B), by inserting ``, or any 
        successor program or programs'' after ``Program''.

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

    (a) Amendments to National Security Intelligence Reform Act of 
2004.--The National Security Intelligence Reform Act of 2004 (title I 
of Public Law 108-458) is amended as follows:
            (1) In section 1016(e)(10)(B) (6 U.S.C. 458(e)(10)(B)), by 
        striking ``Attorney General'' the second place it appears and 
        inserting ``Department of Justice''.
            (2) In section 1061(d)(4)(A) (5 U.S.C. 601 note), by 
        striking ``National Intelligence Director'' and inserting 
        ``Director of National Intelligence''.
            (3) In section 1071(e), by striking ``(1)''.
            (4) In section 1072(b), by inserting ``Agency'' after 
        ``Intelligence''.
    (b) Other Amendments to Intelligence Reform and Terrorism 
Prevention Act of 2004.--The Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458) is amended as follows:
            (1) in section 2001 (28 U.S.C. 532 note)--
                    (A) in subsection (c)(1), by inserting ``of'' 
                before ``an institutional culture'';
                    (B) in subsection (e)(2), by striking ``the 
                National Intelligence Director in a manner consistent 
                with section 112(e)'' and inserting ``the Director of 
                National Intelligence in a manner consistent with 
                applicable law''; and
                    (C) in subsection (f), by striking ``shall,'' in 
                the matter preceding paragraph (1) and inserting 
                ``shall''.
            (2) In section 2006 (28 U.S.C. 509 note)--
                    (A) in paragraph (2), by striking ``the Federal'' 
                and inserting ``Federal''; and
                    (B) in paragraph (3), by striking ``the specific'' 
                and inserting ``specific''.

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

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

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

    (a) In General.--Subsection (a) of section 1403 of the National 
Defense Authorization Act for Fiscal Year 1991 (50 U.S.C. 404b) is 
amended--
            (1) in the subsection caption, by striking ``Foreign''; and
            (2) by striking ``foreign'' each place it appears.
    (b) Responsibility of DNI.--That section is further amended--
            (1) in subsections (a) and (c), by striking ``Director of 
        Central Intelligence'' and inserting ``Director of National 
        Intelligence''; and
            (2) in subsection (b), by inserting ``of National 
        Intelligence'' after ``Director''.
    (c) Conforming Amendment.--The heading of that section is amended 
to read as follows:

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

SEC. 506. TECHNICAL AMENDMENTS TO THE EXECUTIVE SCHEDULE.

    (a) Executive Schedule Level II.--Section 5313 of title 5, United 
States Code, is amended by striking the item relating to the Director 
of Central Intelligence and inserting the following new item:
            ``Director of the Central Intelligence Agency.''.
    (b) Executive Schedule Level III.--Section 5314 of title 5, United 
States Code, is amended by striking the item relating to the Deputy 
Directors of Central Intelligence.
    (c) Executive Schedule Level IV.--Section 5315 of title 5, United 
States Code, is amended by striking the item relating to the General 
Counsel of the Office of the National Intelligence Director and 
inserting the following new item:
            ``General Counsel of the Office of the Director of National 
        Intelligence.''.

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

    (a) Title 5, United States Code.--(1) Title 5, United States Code, 
is amended by striking ``National Imagery and Mapping Agency'' each 
place it appears in a provision as follows and inserting ``National 
Geospatial-Intelligence Agency'':
            (A) Section 2302(a)(2)(C)(ii).
            (B) Section 3132(a)(1)(B).
            (C) Section 4301(1) (in clause (ii)).
            (D) Section 4701(a)(1)(B).
            (E) Section 5102(a)(1) (in clause (xi)).
            (F) Section 5342(a)(1) (in clause (L)).
            (G) Section 6339(a)(1)(E).
            (H) Section 7323(b)(2)(B)(i)((XIII).
    (2) Section 6339(a)(2)(E) of such title is amended by striking 
``National Imagery and Mapping Agency, the Director of the National 
Imagery and Mapping Agency'' and inserting ``National Geospatial-
Intelligence Agency, the Director of the National Geospatial-
Intelligence Agency''.
    (b) Title 44, United States Code.--(1)(A) Section 1336 of title 44, 
United States Code, is amended by striking ``National Imagery and 
Mapping Agency'' both places it appears and inserting ``National 
Geospatial-Intelligence Agency''.
    (B) The heading of such section is amended to read as follows:
``Sec. 1336. National Geospatial-Intelligence Agency: special 
              publications''.
    (2) The table of sections at the beginning of chapter 13 of such 
title is amended by striking the item relating to section 1336 and 
inserting the following new item:

``1336. National Geospatial-Intelligence Agency: special 
                            publications.''.
    (c) Homeland Security Act of 2002.--Section 201(f)(2)(E) of the 
Homeland Security Act of 2002 (6 U.S.C. 121(f)(2)(E)) is amended by 
striking ``National Imagery and Mapping Agency'' and inserting 
``National Geospatial-Intelligence Agency''.
    (d) Inspector General Act of 1978.--Section 8H of the Inspector 
General Act of 1978 (5 U.S.C. App.) is amended by striking ``National 
Imagery and Mapping Agency'' each place it appears and inserting 
``National Geospatial-Intelligence Agency''.
    (e) Ethics in Government Act of 1978.--Section 105(a) of the Ethics 
in Government Act of 1978 (5 U.S.C. App.) is amended by striking 
``National Imagery and Mapping Agency'' and inserting ``National 
Geospatial-Intelligence Agency''.
    (f) Other Acts.--(1) Section 7(b)(2)(A)(i) of the Employee 
Polygraph Protection Act of 1988 (29 U.S.C. 2006(b)(2)(A)(i)) is 
amended by striking ``National Imagery and Mapping Agency'' and 
inserting ``National Geospatial-Intelligence Agency''.
    (2) Section 207(a)(2)(B) of the Legislative Branch Appropriations 
Act, 1993 (44 U.S.C. 501 note) is amended by striking ``National 
Imagery and Mapping Agency'' and inserting ``National Geospatial-
Intelligence Agency''.
                                 <all>