[Congressional Record Volume 153, Number 60 (Monday, April 16, 2007)]
[Senate]
[Pages S4508-S4549]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

                                 ______
                                 
  SA 843. Mr. ROCKEFELLER (for himself and Mr. Bond) proposed an 
amendment to the bill S. 372, to authorize appropriations for fiscal 
year 2007 for the intelligence and intelligence-related activities of 
the United States Government, the Intelligence Community Management 
Account, and the Central Intelligence Agency Retirement and Disability 
System, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Intelligence Authorization Act for Fiscal Year 2007''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Incorporation of classified annex.
Sec. 104. Personnel ceiling adjustments.
Sec. 105. Intelligence Community Management Account.
Sec. 106. Incorporation of reporting requirements.
Sec. 107. Availability to public of certain intelligence funding 
              information.
Sec. 108. Response of intelligence community to requests from Congress 
              for intelligence documents and information.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

   TITLE III--INTELLIGENCE AND GENERAL INTELLIGENCE COMMUNITY MATTERS

Sec. 301. Increase in employee compensation and benefits authorized by 
              law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Clarification of definition of intelligence community under 
              the National Security Act of 1947.
Sec. 304. Improvement of notification of Congress regarding 
              intelligence activities of the United States Government.
Sec. 305. Delegation of authority for travel on common carriers for 
              intelligence collection personnel.
Sec. 306. Modification of availability of funds for different 
              intelligence activities.
Sec. 307. Additional limitation on availability of funds for 
              intelligence and intelligence-related activities.
Sec. 308. Increase in penalties for disclosure of undercover 
              intelligence officers and agents.
Sec. 309. Retention and use of amounts paid as debts to elements of the 
              intelligence community.
Sec. 310. Extension to intelligence community of authority to delete 
              information about receipt and disposition of foreign 
              gifts and decorations.
Sec. 311. Availability of funds for travel and transportation of 
              personal effects, household goods, and automobiles.
Sec. 312. Director of National Intelligence report on compliance with 
              the Detainee Treatment Act of 2005.
Sec. 313. Report on any clandestine detention facilities for 
              individuals captured in the Global War on Terrorism.

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

      Subtitle A--Office of the Director of National Intelligence

Sec. 401. Additional authorities of the Director of National 
              Intelligence on intelligence information sharing.
Sec. 402. Modification of limitation on delegation by the Director of 
              National Intelligence of the protection of intelligence 
              sources and methods.
Sec. 403. Authority of the Director of National Intelligence to manage 
              access to human intelligence information.
Sec. 404. Additional administrative authority of the Director of 
              National Intelligence.
Sec. 405. Clarification of limitation on co-location of the Office of 
              the Director of National Intelligence.
Sec. 406. Additional duties of the Director of Science and Technology 
              of the Office of the Director of National Intelligence.

[[Page S4509]]

Sec. 407. Appointment and title of Chief Information Officer of the 
              Intelligence Community.
Sec. 408. Inspector General of the Intelligence Community.
Sec. 409. Leadership and location of certain offices and officials.
Sec. 410. National Space Intelligence Center.
Sec. 411. Operational files in the Office of the Director of National 
              Intelligence.
Sec. 412. Eligibility for incentive awards of personnel assigned to the 
              Office of the Director of National Intelligence.
Sec. 413. Repeal of certain authorities relating to the Office of the 
              National Counterintelligence Executive.
Sec. 414. Inapplicability of Federal Advisory Committee Act to advisory 
              committees of the Office of the Director of National 
              Intelligence.
Sec. 415. Membership of the Director of National Intelligence on the 
              Transportation Security Oversight Board.
Sec. 416. Applicability of the Privacy Act to the Director of National 
              Intelligence and the Office of the Director of National 
              Intelligence.

                Subtitle B--Central Intelligence Agency

Sec. 421. Director and Deputy Director of the Central Intelligence 
              Agency.
Sec. 422. Enhanced protection of Central Intelligence Agency 
              intelligence sources and methods from unauthorized 
              disclosure.
Sec. 423. Additional exception to foreign language proficiency 
              requirement for certain senior level positions in the 
              Central Intelligence Agency.
Sec. 424. Additional functions and authorities for protective personnel 
              of the Central Intelligence Agency.
Sec. 425. Director of National Intelligence report on retirement 
              benefits for former employees of Air America.

              Subtitle C--Defense Intelligence Components

Sec. 431. Enhancements of National Security Agency training program.
Sec. 432. Codification of authorities of National Security Agency 
              protective personnel.
Sec. 433. Inspector general matters.
Sec. 434. Confirmation of appointment of heads of certain components of 
              the intelligence community.
Sec. 435. Clarification of national security missions of National 
              Geospatial-Intelligence Agency for analysis and 
              dissemination of certain intelligence information.
Sec. 436. Security clearances in the National Geospatial-Intelligence 
              Agency.

                       Subtitle D--Other Elements

Sec. 441. Foreign language incentive for certain non-special agent 
              employees of the Federal Bureau of Investigation.
Sec. 442. Authority to secure services by contract for the Bureau of 
              Intelligence and Research of the Department of State.
Sec. 443. Clarification of inclusion of Coast Guard and Drug 
              Enforcement Administration as elements of the 
              intelligence community.
Sec. 444. Clarifying amendments relating to section 105 of the 
              Intelligence Authorization Act for fiscal year 2004.

                         TITLE V--OTHER MATTERS

Sec. 501. Technical amendments to the National Security Act of 1947.
Sec. 502. Technical clarification of certain references to Joint 
              Military Intelligence Program and Tactical Intelligence 
              and Related Activities.
Sec. 503. Technical amendments to the Intelligence Reform and Terrorism 
              Prevention Act of 2004.
Sec. 504. Technical amendments to title 10, United States Code, arising 
              from enactment of the Intelligence Reform and Terrorism 
              Prevention Act of 2004.
Sec. 505. Technical amendment to the Central Intelligence Agency Act of 
              1949.
Sec. 506. Technical amendments relating to the multiyear National 
              Intelligence Program.
Sec. 507. Technical amendments to the Executive Schedule.
Sec. 508. Technical amendments relating to redesignation of the 
              National Imagery and Mapping Agency as the National 
              Geospatial-Intelligence Agency.

                    TITLE I--INTELLIGENCE ACTIVITIES

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2007 for the conduct of the intelligence and 
     intelligence-related activities of the following elements of 
     the United States Government:
       (1) The Office of the Director of National Intelligence.
       (2) The Central Intelligence Agency.
       (3) The Department of Defense.
       (4) The Defense Intelligence Agency.
       (5) The National Security Agency.
       (6) The Department of the Army, the Department of the Navy, 
     and the Department of the Air Force.
       (7) The Department of State.
       (8) The Department of the Treasury.
       (9) The Department of Energy.
       (10) The Department of Justice.
       (11) The Federal Bureau of Investigation.
       (12) The National Reconnaissance Office.
       (13) The National Geospatial-Intelligence Agency.
       (14) The Coast Guard.
       (15) The Department of Homeland Security.
       (16) The Drug Enforcement Administration.

     SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

       (a) Specifications of Amounts and Personnel Ceilings.--The 
     amounts authorized to be appropriated under section 101, and 
     the authorized personnel ceilings as of September 30, 2007, 
     for the conduct of the intelligence and intelligence-related 
     activities of the elements listed in such section, are those 
     specified in the classified Schedule of Authorizations 
     prepared to accompany the conference report on the bill S. 
     372 of the One Hundred Tenth Congress and in the Classified 
     Annex to such report as incorporated in this Act under 
     section 103.
       (b) Availability of Classified Schedule of 
     Authorizations.--The Schedule of Authorizations shall be made 
     available to the Committees on Appropriations of the Senate 
     and House of Representatives and to the President. The 
     President shall provide for suitable distribution of the 
     Schedule, or of appropriate portions of the Schedule, within 
     the executive branch.

     SEC. 103. INCORPORATION OF CLASSIFIED ANNEX.

       (a) Status of Classified Annex.--The Classified Annex 
     prepared by the Select Committee on Intelligence of the 
     Senate to accompany its report on the bill S. 372 of the One 
     Hundred Tenth Congress and transmitted to the President is 
     hereby incorporated into this Act.
       (b) Construction With Other Provisions of Division.--Unless 
     otherwise specifically stated, the amounts specified in the 
     Classified Annex are not in addition to amounts authorized to 
     be appropriated by other provisions of this Act.
       (c) Limitation on Use of Funds.--Funds appropriated 
     pursuant to an authorization contained in this Act that are 
     made available for a program, project, or activity referred 
     to in the Classified Annex may only be expended for such 
     program, project, or activity in accordance with such terms, 
     conditions, limitations, restrictions, and requirements as 
     are set out for that program, project, or activity in the 
     Classified Annex.
       (d) Distribution of Classified Annex.--The President shall 
     provide for appropriate distribution of the Classified Annex, 
     or of appropriate portions of the annex, within the executive 
     branch of the Government.

     SEC. 104. PERSONNEL CEILING ADJUSTMENTS.

       (a) Authority for Adjustments.--With the approval of the 
     Director of the Office of Management and Budget, the Director 
     of National Intelligence may authorize employment of civilian 
     personnel in excess of the number authorized for fiscal year 
     2007 under section 102 when the Director of National 
     Intelligence determines that such action is necessary to the 
     performance of important intelligence functions, except that 
     the number of personnel employed in excess of the number 
     authorized under such section may not, for any element of the 
     intelligence community, exceed 2 percent of the number of 
     civilian personnel authorized under such section for such 
     element.
       (b) Notice to Intelligence Committees.--The Director of 
     National Intelligence shall promptly notify the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives whenever the Director exercises the authority 
     granted by this section.

     SEC. 105. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Intelligence Community Management 
     Account of the Director of National Intelligence for fiscal 
     year 2007 the sum of $648,952,000. Within such amount, funds 
     identified in the classified Schedule of Authorizations 
     referred to in section 102(a) for advanced research and 
     development shall remain available until September 30, 2008.
       (b) Authorized Personnel Levels.--The elements within the 
     Intelligence Community Management Account of the Director of 
     National Intelligence are authorized 1,575 full-time 
     personnel as of September 30, 2007. Personnel serving in such 
     elements may be permanent employees of the Intelligence 
     Community Management Account or personnel detailed from other 
     elements of the United States Government.
       (c) Classified Authorizations.--
       (1) Authorization of appropriations.--In addition to 
     amounts authorized to be appropriated for the Intelligence 
     Community Management Account by subsection (a), there are 
     also authorized to be appropriated for the Intelligence 
     Community Management Account for fiscal year 2007 such 
     additional amounts as are specified in the classified 
     Schedule of Authorizations referred to in section 102(a). 
     Such additional amounts for research and development shall 
     remain available until September 30, 2008.
       (2) Authorization of personnel.--In addition to the 
     personnel authorized by subsection (b) for elements of the 
     Intelligence

[[Page S4510]]

     Community Management Account as of September 30, 2007, there 
     are also authorized such additional personnel for such 
     elements as of that date as are specified in the classified 
     Schedule of Authorizations.
       (d) Reimbursement.--Except as provided in section 113 of 
     the National Security Act of 1947 (50 U.S.C. 404h), during 
     fiscal year 2007 any officer or employee of the United States 
     or a member of the Armed Forces who is detailed to the staff 
     of the Intelligence Community Management Account from another 
     element of the United States Government shall be detailed on 
     a reimbursable basis, except that any such officer, employee, 
     or member may be detailed on a nonreimbursable basis for a 
     period of less than one year for the performance of temporary 
     functions as required by the Director of National 
     Intelligence.

     SEC. 106. INCORPORATION OF REPORTING REQUIREMENTS.

       (a) In General.--Each requirement to submit a report to the 
     congressional intelligence committees that is included in the 
     joint explanatory statement to accompany the conference 
     report on the bill ___ of the One Hundred Tenth Congress, or 
     in the classified annex to this Act, is hereby incorporated 
     into this Act, and is hereby made a requirement in law.
       (b) Congressional Intelligence Committees Defined.--In this 
     section, the term ``congressional intelligence committees'' 
     means--
       (1) the Select Committee on Intelligence of the Senate; and
       (2) the Permanent Select Committee on Intelligence of the 
     House of Representatives.

     SEC. 107. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE 
                   FUNDING INFORMATION.

       (a) Amounts Requested Each Fiscal Year.--The President 
     shall disclose to the public for each fiscal year after 
     fiscal year 2007 the aggregate amount of appropriations 
     requested in the budget of the President for such fiscal year 
     for the National Intelligence Program.
       (b) Amounts Authorized and Appropriated Each Fiscal Year.--
     Congress shall disclose to the public for each fiscal year 
     after fiscal year 2006 the aggregate amount of funds 
     authorized to be appropriated, and the aggregate amount of 
     funds appropriated, by Congress for such fiscal year for the 
     National Intelligence Program.

     SEC. 108. RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS FROM 
                   CONGRESS FOR INTELLIGENCE DOCUMENTS AND 
                   INFORMATION.

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


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

       ``Sec. 508.  (a) Requests of Committees.--(1) The Director 
     of National Intelligence, the Director of the National 
     Counterterrorism Center, the Director of a national 
     intelligence center, or the head of any other department, 
     agency, or element of the Federal Government, or other 
     organization within the Executive branch, that is an element 
     of the intelligence community shall, not later than 30 days 
     after receiving a request for any intelligence assessment, 
     report, estimate, legal opinion, or other intelligence 
     information from the Select Committee on Intelligence of the 
     Senate or the Permanent Select Committee on Intelligence of 
     the House of Representatives, make available to such 
     committee such assessment, report, estimate, legal opinion, 
     or other information, as the case may be.
       ``(2) A committee making a request under paragraph (1) may 
     specify a greater number of days for submittal to such 
     committee of information in response to such request than is 
     otherwise provided for under that paragraph.
       ``(b) Requests of Certain Members.--(1) The Director of 
     National Intelligence, the Director of the National 
     Counterterrorism Center, the Director of a national 
     intelligence center, or the head of any other department, 
     agency, or element of the Federal Government, or other 
     organization within the Executive branch, that is an element 
     of the intelligence community shall respond, in the time 
     specified in subsection (a), to a request described in that 
     subsection from the Chairman or Vice Chairman of the Select 
     Committee on Intelligence of the Senate or the Chairman or 
     Ranking Member of the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       ``(2) Upon making a request covered by paragraph (1)--
       ``(A) the Chairman or Vice Chairman, as the case may be, of 
     the Select Committee on Intelligence of the Senate shall 
     notify the other of the Chairman or Vice Chairman of such 
     request; and
       ``(B) the Chairman or Ranking Member, as the case may be, 
     of the Permanent Select Committee on Intelligence of the 
     House of Representatives shall notify the other of the 
     Chairman or Ranking Member of such request.
       ``(c) Assertion of Privilege.--In response to a request 
     covered by subsection (a) or (b), the Director of National 
     Intelligence, the Director of the National Counterterrorism 
     Center, the Director of a national intelligence center, or 
     the head of any other department, agency, or element of the 
     Federal Government, or other organization within the 
     Executive branch, that is an element of the intelligence 
     community shall provide the document or information covered 
     by such request unless the President certifies that such 
     document or information is not being provided because the 
     President is asserting a privilege pursuant to the 
     Constitution of the United States.''.
       (b) Clerical Amendment.--The table of contents in the first 
     section of that Act is amended by inserting after the item 
     relating to section 507 the following new item:

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

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated for the Central 
     Intelligence Agency Retirement and Disability Fund for fiscal 
     year 2007 the sum of $256,400,000.

   TITLE III--INTELLIGENCE AND GENERAL INTELLIGENCE COMMUNITY MATTERS

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

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

     SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

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

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

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

     SEC. 304. IMPROVEMENT OF NOTIFICATION OF CONGRESS REGARDING 
                   INTELLIGENCE ACTIVITIES OF THE UNITED STATES 
                   GOVERNMENT.

       (a) Clarification of Definition of Congressional 
     Intelligence Committees To Include All Members of 
     Committees.--Section 3(7) of the National Security Act of 
     1947 (50 U.S.C. 401a(7)) is amended--
       (1) in subparagraph (A), by inserting ``, and includes each 
     member of the Select Committee'' before the semicolon; and
       (2) in subparagraph (B), by inserting ``, and includes each 
     member of the Permanent Select Committee'' before the period.
       (b) Notice on Information Not Disclosed.--
       (1) In general.--Section 502 of such Act (50 U.S.C. 413a) 
     is amended--
       (A) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (B) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Notice on Information Not Disclosed.--(1) If the 
     Director of National Intelligence or the head of a 
     department, agency, or other entity of the United States 
     Government does not provide information required by 
     subsection (a) in full or to all the members of the 
     congressional intelligence committees, and requests that such 
     information not be provided, the Director shall, in a timely 
     fashion, notify such committees of the determination not to 
     provide such information in full or to all members of such 
     committees. Such notice shall be submitted in writing in a 
     classified form, include a statement of the reasons for such 
     determination and a description that provides the main 
     features of the intelligence activities covered by such 
     determination, and contain no restriction on access to this 
     notice by all members of the committee.
       ``(2) Nothing in this subsection shall be construed as 
     authorizing less than full and current disclosure to all the 
     members of the Select Committee on Intelligence of the Senate 
     and the Permanent Select Committee on Intelligence of the 
     House of Representatives of any information necessary to keep 
     all the members of such committees fully and currently 
     informed on all intelligence activities covered by this 
     section.''.
       (2) Conforming amendment.--Subsection (d) of such section, 
     as redesignated by paragraph (1)(A) of this subsection, is 
     amended by striking ``subsection (b)'' and inserting 
     ``subsections (b) and (c)''.
       (c) Reports and Notice on Covert Actions.--
       (1) Form and content of certain reports.--Subsection (b) of 
     section 503 of such Act (50 U.S.C. 413b) is amended--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (B) by inserting ``(1)'' after ``(b)''; and
       (C) by adding at the end the following new paragraph:
       ``(2) Any report relating to a covert action that is 
     submitted to the congressional intelligence committees for 
     the purposes of paragraph (1) shall be in writing, and shall 
     contain the following:
       ``(A) A concise statement of any facts pertinent to such 
     report.
       ``(B) An explanation of the significance of the covert 
     action covered by such report.''.
       (2) Notice on information not disclosed.--Subsection (c) of 
     such section is amended by adding at the end the following 
     new paragraph:

[[Page S4511]]

       ``(5) If the Director of National Intelligence or the head 
     of a department, agency, or other entity of the United States 
     Government does not provide information required by 
     subsection (b) in full or to all the members of the 
     congressional intelligence committees, and requests that such 
     information not be provided, the Director shall, in a timely 
     fashion, notify such committees of the determination not to 
     provide such information in full or to all members of such 
     committees. Such notice shall be submitted in writing in a 
     classified form, include a statement of the reasons for such 
     determination and a description that provides the main 
     features of the covert action covered by such determination, 
     and contain no restriction on access to this notice by all 
     members of the committee.''.
       (3) Modification of nature of change of covert action 
     triggering notice requirements.--Subsection (d) of such 
     section is amended by striking ``significant'' the first 
     place it appears.

     SEC. 305. DELEGATION OF AUTHORITY FOR TRAVEL ON COMMON 
                   CARRIERS FOR INTELLIGENCE COLLECTION PERSONNEL.

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

     SEC. 306. MODIFICATION OF AVAILABILITY OF FUNDS FOR DIFFERENT 
                   INTELLIGENCE ACTIVITIES.

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

     SEC. 307. ADDITIONAL LIMITATION ON AVAILABILITY OF FUNDS FOR 
                   INTELLIGENCE AND INTELLIGENCE-RELATED 
                   ACTIVITIES.

       Section 504 of the National Security Act of 1947 (50 U.S.C. 
     414) is amended--
       (1) in subsection (a), by inserting ``the congressional 
     intelligence committees have been fully and currently 
     informed of such activity and if'' after ``only if'';
       (2) by redesignating subsections (b), (c), (d), and (e) as 
     subsections (c), (d), (e), and (f), respectively; and
       (3) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) In any case in which notice to the congressional 
     intelligence committees on an intelligence or intelligence-
     related activity is covered by section 502(b), or in which 
     notice to the congressional intelligence committees on a 
     covert action is covered by section 503(c)(5), the 
     congressional intelligence committees shall be treated as 
     being fully and currently informed on such activity or covert 
     action, as the case may be, for purposes of subsection (a) if 
     the requirements of such section 502(b) or 503(c)(5), as 
     applicable, have been met.''.

     SEC. 308. INCREASE IN PENALTIES FOR DISCLOSURE OF UNDERCOVER 
                   INTELLIGENCE OFFICERS AND AGENTS.

       (a) Disclosure of Agent After Access to Information 
     Identifying Agent.--Subsection (a) of section 601 of the 
     National Security Act of 1947 (50 U.S.C. 421) is amended by 
     striking ``ten years'' and inserting ``15 years''.
       (b) Disclosure of Agent After Access to Classified 
     Information.--Subsection (b) of such section is amended by 
     striking ``five years'' and inserting ``ten years''.

     SEC. 309. RETENTION AND USE OF AMOUNTS PAID AS DEBTS TO 
                   ELEMENTS OF THE INTELLIGENCE COMMUNITY.

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


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

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

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

     SEC. 310. EXTENSION TO INTELLIGENCE COMMUNITY OF AUTHORITY TO 
                   DELETE INFORMATION ABOUT RECEIPT AND 
                   DISPOSITION OF FOREIGN GIFTS AND DECORATIONS.

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

     SEC. 311. AVAILABILITY OF FUNDS FOR TRAVEL AND TRANSPORTATION 
                   OF PERSONAL EFFECTS, HOUSEHOLD GOODS, AND 
                   AUTOMOBILES.

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

[[Page S4512]]

     SEC. 312. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON 
                   COMPLIANCE WITH THE DETAINEE TREATMENT ACT OF 
                   2005.

       (a) Report Required.--Not later than May 1, 2007, the 
     Director of National Intelligence shall submit to the 
     congressional intelligence committees a comprehensive report 
     on all measures taken by the Office of the Director of 
     National Intelligence and by each element, if any, of the 
     intelligence community with relevant responsibilities to 
     comply with the provisions of the Detainee Treatment Act of 
     2005 (title X of division A of Public Law 109-148).
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of the detention or interrogation 
     methods, if any, that have been determined to comply with 
     section 1003 of the Detainee Treatment Act of 2005 (119 Stat. 
     2739; 42 U.S.C. 2000dd), and, with respect to each such 
     method--
       (A) an identification of the official making such 
     determination; and
       (B) a statement of the basis for such determination.
       (2) A description of the detention or interrogation 
     methods, if any, whose use has been discontinued pursuant to 
     the Detainee Treatment Act of 2005, and, with respect to each 
     such method--
       (A) an identification of the official making the 
     determination to discontinue such method; and
       (B) a statement of the basis for such determination.
       (3) A description of any actions that have been taken to 
     implement section 1004 of the Detainee Treatment Act of 2005 
     (119 Stat. 2740; 42 U.S.C. 2000dd-1), and, with respect to 
     each such action--
       (A) an identification of the official taking such action; 
     and
       (B) a statement of the basis for such action.
       (4) Any other matters that the Director considers necessary 
     to fully and currently inform the congressional intelligence 
     committees about the implementation of the Detainee Treatment 
     Act of 2005.
       (5) An appendix containing--
       (A) all guidelines for the application of the Detainee 
     Treatment Act of 2005 to the detention or interrogation 
     activities, if any, of any element of the intelligence 
     community; and
       (B) all legal opinions of any office or official of the 
     Department of Justice about the meaning or application of 
     Detainee Treatment Act of 2005 with respect to the detention 
     or interrogation activities, if any, of any element of the 
     intelligence community.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in classified form.
       (d) Definitions.--In this section:
       (1) The term ``congressional intelligence committees'' 
     means--
       (A) the Select Committee on Intelligence of the Senate; and
       (B) the Permanent Select Committee of the House of 
     Representatives.
       (2) The term ``intelligence community'' means the elements 
     of the intelligence community specified in or designated 
     under section 3(4) of the National Security Act of 1947 (50 
     U.S.C. 401a(4)).

     SEC. 313. REPORT ON ANY CLANDESTINE DETENTION FACILITIES FOR 
                   INDIVIDUALS CAPTURED IN THE GLOBAL WAR ON 
                   TERRORISM.

       (a) In General.--The President shall ensure that the United 
     States Government continues to comply with the authorization, 
     reporting, and notification requirements of title V of the 
     National Security Act of 1947 (50 U.S.C. 413 et seq.).
       (b) Director of National Intelligence Report.--
       (1) Report required.--Not later than 60 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall provide to the members of the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives a report on any clandestine prison or 
     detention facility currently or formerly operated by the 
     United States Government for individuals captured in the 
     global war on terrorism.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) The date each prison or facility became operational, 
     and if applicable, the date on which each prison or facility 
     ceased its operations.
       (B) The total number of prisoners or detainees held at each 
     prison or facility during its operation.
       (C) The current number of prisoners or detainees held at 
     each operational prison or facility.
       (D) The total and average annual costs of each prison or 
     facility during its operation.
       (E) A description of the interrogation procedures used or 
     formerly used on detainees at each prison or facility, 
     including whether a determination has been made that such 
     procedures are or were in compliance with the United States 
     obligations under the Geneva Conventions and the Convention 
     Against Torture.
       (3) Form of report.--The report required by paragraph (1) 
     shall be submitted in classified form.

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

      Subtitle A--Office of the Director of National Intelligence

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

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

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

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

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

       Section 102A(b) of the National Security Act of 1947 (50 
     U.S.C. 403-1(b)) is amended--
       (1) by inserting ``(1)'' before ``Unless''; and
       (2) by adding at the end the following new paragraph:
       ``(2) The Director of National Intelligence shall--
       ``(A) have access to all national intelligence, including 
     intelligence reports, operational data, and other associated 
     information, concerning the human intelligence operations of 
     any element of the intelligence community authorized to 
     undertake such collection;
       ``(B) consistent with the protection of intelligence 
     sources and methods and applicable requirements in Executive 
     Order 12333 (or any successor order) regarding the retention 
     and dissemination of information concerning United States 
     persons, ensure maximum access to the intelligence 
     information contained in the information referred to in 
     subparagraph (A) throughout the intelligence community; and
       ``(C) consistent with subparagraph (B), provide within the 
     Office of the Director of National Intelligence a mechanism 
     for intelligence community analysts and other officers with 
     appropriate clearances and an official need-to-know to gain 
     access to information referred to in subparagraph (A) or (B) 
     when relevant to their official responsibilities.''.

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

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

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

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

[[Page S4513]]

       (1) by striking ``WITH'' and inserting ``OF HEADQUARTERS 
     WITH HEADQUARTERS OF'';
       (2) by inserting ``the headquarters of'' before ``the 
     Office''; and
       (3) by striking ``any other element'' and inserting ``the 
     headquarters of any other element''.

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

       (a) Coordination and Prioritization of Research Conducted 
     by Elements of Intelligence Community.--Subsection (d) of 
     section 103E of the National Security Act of 1947 (50 U.S.C. 
     403-3e) is amended--
       (1) in paragraph (3)(A), by inserting ``and prioritize'' 
     after ``coordinate''; and
       (2) by adding at the end the following new paragraph:
       ``(4) In carrying out paragraph (3)(A), the Committee shall 
     identify basic, advanced, and applied research programs to be 
     carried out by elements of the intelligence community.''.
       (b) Development of Technology Goals.--That section is 
     further amended--
       (1) in subsection (c)--
       (A) in paragraph (4), by striking ``and'' at the end;
       (B) by redesignating paragraph (5) as paragraph (8); and
       (C) by inserting after paragraph (4) the following new 
     paragraphs:
       ``(5) assist the Director in establishing goals for the 
     elements of the intelligence community to meet the technology 
     needs of the intelligence community;
       ``(6) under the direction of the Director, establish 
     engineering standards and specifications applicable to each 
     acquisition of a major system (as that term is defined in 
     section 506A(e)(3)) by the intelligence community;
       ``(7) ensure that each acquisition program of the 
     intelligence community for a major system (as so defined) 
     complies with the standards and specifications established 
     under paragraph (6); and''; and
       (2) by adding at the end the following new subsection:
       ``(e) Goals for Technology Needs of Intelligence 
     Community.--In carrying out subsection (c)(5), the Director 
     of Science and Technology shall--
       ``(1) systematically identify and assess the most 
     significant intelligence challenges that require technical 
     solutions;
       ``(2) examine options to enhance the responsiveness of 
     research and design programs of the elements of the 
     intelligence community to meet the requirements of the 
     intelligence community for timely support; and
       ``(3) assist the Director of National Intelligence in 
     establishing research and development priorities and projects 
     for the intelligence community that--
       ``(A) are consistent with current or future national 
     intelligence requirements;
       ``(B) address deficiencies or gaps in the collection, 
     processing, analysis, or dissemination of national 
     intelligence;
       ``(C) take into account funding constraints in program 
     development and acquisition; and
       ``(D) address system requirements from collection to final 
     dissemination (also known as `end-to-end architecture').''.
       (c) Report.--(1) Not later than June 30, 2007, the Director 
     of National Intelligence shall submit to Congress a report 
     containing a strategy for the development and use of 
     technology in the intelligence community through 2021.
       (2) The report shall include--
       (A) an assessment of the highest priority intelligence gaps 
     across the intelligence community that may be resolved by the 
     use of technology;
       (B) goals for advanced research and development and a 
     strategy to achieve such goals;
       (C) an explanation of how each advanced research and 
     development project funded under the National Intelligence 
     Program addresses an identified intelligence gap;
       (D) a list of all current and projected research and 
     development projects by research type (basic, advanced, or 
     applied) with estimated funding levels, estimated initiation 
     dates, and estimated completion dates; and
       (E) a plan to incorporate technology from research and 
     development projects into National Intelligence Program 
     acquisition programs.
       (3) The report may be submitted in classified form.

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

       (a) Appointment.--
       (1) In general.--Subsection (a) of section 103G of the 
     National Security Act of 1947 (50 U.S.C. 403-3g) is amended 
     by striking ``the President, by and with the advice and 
     consent of the Senate'' and inserting ``the Director of 
     National Intelligence''.
       (2) Applicability.--The amendment made by paragraph (1) 
     shall take effect on the date of the enactment of this Act, 
     and shall apply with respect to any appointment of an 
     individual as Chief Information Officer of the Intelligence 
     Community that is made on or after that date.
       (b) Title.--Such section is further amended--
       (1) in subsection (a), by inserting ``of the Intelligence 
     Community'' after ``Chief Information Officer'';
       (2) in subsection (b), by inserting ``of the Intelligence 
     Community'' after ``Chief Information Officer'';
       (3) in subsection (c), by inserting ``of the Intelligence 
     Community'' after ``Chief Information Officer''; and
       (4) in subsection (d), by inserting ``of the Intelligence 
     Community'' after ``Chief Information Officer'' the first 
     place it appears.

     SEC. 408. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.

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


           ``INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY

       ``Sec. 103H.  (a) Office of Inspector General of 
     Intelligence Community.--There is within the Office of the 
     Director of National Intelligence an Office of the Inspector 
     General of the Intelligence Community.
       ``(b) Purpose.--The purpose of the Office of the Inspector 
     General of the Intelligence Community is to--
       ``(1) create an objective and effective office, 
     appropriately accountable to Congress, to initiate and 
     conduct independently investigations, inspections, and audits 
     relating to--
       ``(A) the programs and operations of the intelligence 
     community;
       ``(B) the elements of the intelligence community within the 
     National Intelligence Program; and
       ``(C) the relationships between the elements of the 
     intelligence community within the National Intelligence 
     Program and the other elements of the intelligence community;
       ``(2) recommend policies designed--
       ``(A) to promote economy, efficiency, and effectiveness in 
     the administration and implementation of such programs and 
     operations, and in such relationships; and
       ``(B) to prevent and detect fraud and abuse in such 
     programs, operations, and relationships;
       ``(3) provide a means for keeping the Director of National 
     Intelligence fully and currently informed about--
       ``(A) problems and deficiencies relating to the 
     administration and implementation of such programs and 
     operations, and to such relationships; and
       ``(B) the necessity for, and the progress of, corrective 
     actions; and
       ``(4) in the manner prescribed by this section, ensure that 
     the congressional intelligence committees are kept similarly 
     informed of--
       ``(A) significant problems and deficiencies relating to the 
     administration and implementation of such programs and 
     operations, and to such relationships; and
       ``(B) the necessity for, and the progress of, corrective 
     actions.
       ``(c) Inspector General of Intelligence Community.--(1) 
     There is an Inspector General of the Intelligence Community, 
     who shall be the head of the Office of the Inspector General 
     of the Intelligence Community, who shall be appointed by the 
     President, by and with the advice and consent of the Senate.
       ``(2) The nomination of an individual for appointment as 
     Inspector General shall be made--
       ``(A) without regard to political affiliation;
       ``(B) solely on the basis of integrity, compliance with the 
     security standards of the intelligence community, and prior 
     experience in the field of intelligence or national security; 
     and
       ``(C) on the basis of demonstrated ability in accounting, 
     financial analysis, law, management analysis, public 
     administration, or auditing.
       ``(3) The Inspector General shall report directly to and be 
     under the general supervision of the Director of National 
     Intelligence.
       ``(4) The Inspector General may be removed from office only 
     by the President. The President shall immediately communicate 
     in writing to the congressional intelligence committees the 
     reasons for the removal of any individual from the position 
     of Inspector General.
       ``(d) Duties and Responsibilities.--Subject to subsections 
     (g) and (h), it shall be the duty and responsibility of the 
     Inspector General of the Intelligence Community--
       ``(1) to provide policy direction for, and to plan, 
     conduct, supervise, and coordinate independently, the 
     investigations, inspections, and audits relating to the 
     programs and operations of the intelligence community, the 
     elements of the intelligence community within the National 
     Intelligence Program, and the relationships between the 
     elements of the intelligence community within the National 
     Intelligence Program and the other elements of the 
     intelligence community to ensure they are conducted 
     efficiently and in accordance with applicable law and 
     regulations;
       ``(2) to keep the Director of National Intelligence fully 
     and currently informed concerning violations of law and 
     regulations, violations of civil liberties and privacy, and 
     fraud and other serious problems, abuses, and deficiencies 
     that may occur in such programs and operations, and in such 
     relationships, and to report the progress made in 
     implementing corrective action;
       ``(3) to take due regard for the protection of intelligence 
     sources and methods in the preparation of all reports issued 
     by the Inspector General, and, to the extent consistent with 
     the purpose and objective of such reports, take such measures 
     as may be appropriate to minimize the disclosure of 
     intelligence sources and methods described in such reports; 
     and
       ``(4) in the execution of the duties and responsibilities 
     under this section, to comply

[[Page S4514]]

     with generally accepted government auditing standards.
       ``(e) Limitations on Activities.--(1) The Director of 
     National Intelligence may prohibit the Inspector General of 
     the Intelligence Community from initiating, carrying out, or 
     completing any investigation, inspection, or audit if the 
     Director determines that such prohibition is necessary to 
     protect vital national security interests of the United 
     States.
       ``(2) If the Director exercises the authority under 
     paragraph (1), the Director shall submit an appropriately 
     classified statement of the reasons for the exercise of such 
     authority within 7 days to the congressional intelligence 
     committees.
       ``(3) The Director shall advise the Inspector General at 
     the time a report under paragraph (2) is submitted, and, to 
     the extent consistent with the protection of intelligence 
     sources and methods, provide the Inspector General with a 
     copy of such report.
       ``(4) The Inspector General may submit to the congressional 
     intelligence committees any comments on a report of which the 
     Inspector General has notice under paragraph (3) that the 
     Inspector General considers appropriate.
       ``(f) Authorities.--(1) The Inspector General of the 
     Intelligence Community shall have direct and prompt access to 
     the Director of National Intelligence when necessary for any 
     purpose pertaining to the performance of the duties of the 
     Inspector General.
       ``(2)(A) The Inspector General shall have access to any 
     employee, or any employee of a contractor, of any element of 
     the intelligence community whose testimony is needed for the 
     performance of the duties of the Inspector General.
       ``(B) The Inspector General shall have direct access to all 
     records, reports, audits, reviews, documents, papers, 
     recommendations, or other material which relate to the 
     programs and operations with respect to which the Inspector 
     General has responsibilities under this section.
       ``(C) The level of classification or compartmentation of 
     information shall not, in and of itself, provide a sufficient 
     rationale for denying the Inspector General access to any 
     materials under subparagraph (B).
       ``(D) Failure on the part of any employee, or any employee 
     of a contractor, of any element of the intelligence community 
     to cooperate with the Inspector General shall be grounds for 
     appropriate administrative actions by the Director or, on the 
     recommendation of the Director, other appropriate officials 
     of the intelligence community, including loss of employment 
     or the termination of an existing contractual relationship.
       ``(3) The Inspector General is authorized to receive and 
     investigate complaints or information from any person 
     concerning the existence of an activity constituting a 
     violation of laws, rules, or regulations, or mismanagement, 
     gross waste of funds, abuse of authority, or a substantial 
     and specific danger to the public health and safety. Once 
     such complaint or information has been received from an 
     employee of the Federal Government--
       ``(A) the Inspector General shall not disclose the identity 
     of the employee without the consent of the employee, unless 
     the Inspector General determines that such disclosure is 
     unavoidable during the course of the investigation or the 
     disclosure is made to an official of the Department of 
     Justice responsible for determining whether a prosecution 
     should be undertaken; and
       ``(B) no action constituting a reprisal, or threat of 
     reprisal, for making such complaint may be taken by any 
     employee in a position to take such actions, unless the 
     complaint was made or the information was disclosed with the 
     knowledge that it was false or with willful disregard for its 
     truth or falsity.
       ``(4) The Inspector General shall have authority to 
     administer to or take from any person an oath, affirmation, 
     or affidavit, whenever necessary in the performance of the 
     duties of the Inspector General, which oath, affirmation, or 
     affidavit when administered or taken by or before an employee 
     of the Office of the Inspector General of the Intelligence 
     Community designated by the Inspector General shall have the 
     same force and effect as if administered or taken by or 
     before an officer having a seal.
       ``(5)(A) Except as provided in subparagraph (B), the 
     Inspector General is authorized to require by subpoena the 
     production of all information, documents, reports, answers, 
     records, accounts, papers, and other data and documentary 
     evidence necessary in the performance of the duties and 
     responsibilities of the Inspector General.
       ``(B) In the case of departments, agencies, and other 
     elements of the United States Government, the Inspector 
     General shall obtain information, documents, reports, 
     answers, records, accounts, papers, and other data and 
     evidence for the purpose specified in subparagraph (A) using 
     procedures other than by subpoenas.
       ``(C) The Inspector General may not issue a subpoena for or 
     on behalf of any other element of the intelligence community, 
     including the Office of the Director of National 
     Intelligence.
       ``(D) In the case of contumacy or refusal to obey a 
     subpoena issued under this paragraph, the subpoena shall be 
     enforceable by order of any appropriate district court of the 
     United States.
       ``(g) Coordination Among Inspectors General of Intelligence 
     Community.--(1) In the event of a matter within the 
     jurisdiction of the Inspector General of the Intelligence 
     Community that may be subject to an investigation, 
     inspection, or audit by both the Inspector General of the 
     Intelligence Community and an Inspector General, whether 
     statutory or administrative, with oversight responsibility 
     for an element or elements of the intelligence community, the 
     Inspector General of the Intelligence Community and such 
     other Inspector or Inspectors General shall expeditiously 
     resolve which Inspector General shall conduct such 
     investigation, inspection, or audit.
       ``(2) The Inspector General conducting an investigation, 
     inspection, or audit covered by paragraph (1) shall submit 
     the results of such investigation, inspection, or audit to 
     any other Inspector General, including the Inspector General 
     of the Intelligence Community, with jurisdiction to conduct 
     such investigation, inspection, or audit who did not conduct 
     such investigation, inspection, or audit.
       ``(3)(A) If an investigation, inspection, or audit covered 
     by paragraph (1) is conducted by an Inspector General other 
     than the Inspector General of the Intelligence Community, the 
     Inspector General of the Intelligence Community may, upon 
     completion of such investigation, inspection, or audit by 
     such other Inspector General, conduct under this section a 
     separate investigation, inspection, or audit of the matter 
     concerned if the Inspector General of the Intelligence 
     Community determines that such initial investigation, 
     inspection, or audit was deficient in some manner or that 
     further investigation, inspection, or audit is required.
       ``(B) This paragraph shall not apply to the Inspector 
     General of the Department of Defense or to any other 
     Inspector General within the Department of Defense.
       ``(h) Staff and Other Support.--(1) The Inspector General 
     of the Intelligence Community shall be provided with 
     appropriate and adequate office space at central and field 
     office locations, together with such equipment, office 
     supplies, maintenance services, and communications facilities 
     and services as may be necessary for the operation of such 
     offices.
       ``(2)(A) Subject to applicable law and the policies of the 
     Director of National Intelligence, the Inspector General 
     shall select, appoint, and employ such officers and employees 
     as may be necessary to carry out the functions of the 
     Inspector General. The Inspector General shall ensure that 
     any officer or employee so selected, appointed, or employed 
     has security clearances appropriate for the assigned duties 
     of such officer or employee.
       ``(B) In making selections under subparagraph (A), the 
     Inspector General shall ensure that such officers and 
     employees have the requisite training and experience to 
     enable the Inspector General to carry out the duties of the 
     Inspector General effectively.
       ``(C) In meeting the requirements of this paragraph, the 
     Inspector General shall create within the Office of the 
     Inspector General of the Intelligence Community a career 
     cadre of sufficient size to provide appropriate continuity 
     and objectivity needed for the effective performance of the 
     duties of the Inspector General.
       ``(3)(A) Subject to the concurrence of the Director, the 
     Inspector General may request such information or assistance 
     as may be necessary for carrying out the duties and 
     responsibilities of the Inspector General from any 
     department, agency, or other element of the United States 
     Government.
       ``(B) Upon request of the Inspector General for information 
     or assistance under subparagraph (A), the head of the 
     department, agency, or element concerned shall, insofar as is 
     practicable and not in contravention of any existing 
     statutory restriction or regulation of the department, 
     agency, or element, furnish to the Inspector General, or to 
     an authorized designee, such information or assistance.
       ``(C) The Inspector General of the Intelligence Community 
     may, upon reasonable notice to the head of any element of the 
     intelligence community, conduct, as authorized by this 
     section, an investigation, inspection, or audit of such 
     element and may enter into any place occupied by such element 
     for purposes of the performance of the duties of the 
     Inspector General.
       ``(i) Reports.--(1)(A) The Inspector General of the 
     Intelligence Community shall, not later than January 31 and 
     July 31 of each year, prepare and submit to the Director of 
     National Intelligence a classified, and, as appropriate, 
     unclassified semiannual report summarizing the activities of 
     the Office of the Inspector General of the Intelligence 
     Community during the immediately preceding 6-month periods 
     ending December 31 (of the preceding year) and June 30, 
     respectively.
       ``(B) Each report under this paragraph shall include, at a 
     minimum, the following:
       ``(i) A list of the title or subject of each investigation, 
     inspection, or audit conducted during the period covered by 
     such report, including a summary of the progress of each 
     particular investigation, inspection, or audit since the 
     preceding report of the Inspector General under this 
     paragraph.
       ``(ii) A description of significant problems, abuses, and 
     deficiencies relating to the administration and 
     implementation of programs and operations of the intelligence 
     community, and in the relationships between elements of the 
     intelligence community, identified by the Inspector General 
     during the period covered by such report.
       ``(iii) A description of the recommendations for corrective 
     or disciplinary action

[[Page S4515]]

     made by the Inspector General during the period covered by 
     such report with respect to significant problems, abuses, or 
     deficiencies identified in clause (ii).
       ``(iv) A statement whether or not corrective or 
     disciplinary action has been completed on each significant 
     recommendation described in previous semiannual reports, and, 
     in a case where corrective action has been completed, a 
     description of such corrective action.
       ``(v) A certification whether or not the Inspector General 
     has had full and direct access to all information relevant to 
     the performance of the functions of the Inspector General.
       ``(vi) A description of the exercise of the subpoena 
     authority under subsection (f)(5) by the Inspector General 
     during the period covered by such report.
       ``(vii) Such recommendations as the Inspector General 
     considers appropriate for legislation to promote economy, 
     efficiency, and effectiveness in the administration and 
     implementation of programs and operations undertaken by the 
     intelligence community, and in the relationships between 
     elements of the intelligence community, and to detect and 
     eliminate fraud and abuse in such programs and operations and 
     in such relationships.
       ``(C) Not later than the 30 days after the date of receipt 
     of a report under subparagraph (A), the Director shall 
     transmit the report to the congressional intelligence 
     committees together with any comments the Director considers 
     appropriate.
       ``(2)(A) The Inspector General shall report immediately to 
     the Director whenever the Inspector General becomes aware of 
     particularly serious or flagrant problems, abuses, or 
     deficiencies relating to the administration and 
     implementation of programs or operations of the intelligence 
     community or in the relationships between elements of the 
     intelligence community.
       ``(B) The Director shall transmit to the congressional 
     intelligence committees each report under subparagraph (A) 
     within seven calendar days of receipt of such report, 
     together with such comments as the Director considers 
     appropriate.
       ``(3) In the event that--
       ``(A) the Inspector General is unable to resolve any 
     differences with the Director affecting the execution of the 
     duties or responsibilities of the Inspector General;
       ``(B) an investigation, inspection, or audit carried out by 
     the Inspector General focuses on any current or former 
     intelligence community official who--
       ``(i) holds or held a position in an element of the 
     intelligence community that is subject to appointment by the 
     President, whether or not by and with the advice and consent 
     of the Senate, including such a position held on an acting 
     basis;
       ``(ii) holds or held a position in an element of the 
     intelligence community, including a position held on an 
     acting basis, that is appointed by the Director of National 
     Intelligence; or
       ``(iii) holds or held a position as head of an element of 
     the intelligence community or a position covered by 
     subsection (b) or (c) of section 106;
       ``(C) a matter requires a report by the Inspector General 
     to the Department of Justice on possible criminal conduct by 
     a current or former official described in subparagraph (B);
       ``(D) the Inspector General receives notice from the 
     Department of Justice declining or approving prosecution of 
     possible criminal conduct of any current or former official 
     described in subparagraph (B); or
       ``(E) the Inspector General, after exhausting all possible 
     alternatives, is unable to obtain significant documentary 
     information in the course of an investigation, inspection, or 
     audit,

     the Inspector General shall immediately notify and submit a 
     report on such matter to the congressional intelligence 
     committees.
       ``(4) Pursuant to title V, the Director shall submit to the 
     congressional intelligence committees any report or findings 
     and recommendations of an investigation, inspection, or audit 
     conducted by the office which has been requested by the 
     Chairman or Vice Chairman or Ranking Minority Member of 
     either committee.
       ``(5)(A) An employee of an element of the intelligence 
     community, an employee assigned or detailed to an element of 
     the intelligence community, or an employee of a contractor to 
     the intelligence community who intends to report to Congress 
     a complaint or information with respect to an urgent concern 
     may report such complaint or information to the Inspector 
     General.
       ``(B) Not later than the end of the 14-calendar day period 
     beginning on the date of receipt from an employee of a 
     complaint or information under subparagraph (A), the 
     Inspector General shall determine whether the complaint or 
     information appears credible. Upon making such a 
     determination, the Inspector General shall transmit to the 
     Director a notice of that determination, together with the 
     complaint or information.
       ``(C) Upon receipt of a transmittal from the Inspector 
     General under subparagraph (B), the Director shall, within 
     seven calendar days of such receipt, forward such transmittal 
     to the congressional intelligence committees, together with 
     any comments the Director considers appropriate.
       ``(D)(i) If the Inspector General does not find credible 
     under subparagraph (B) a complaint or information submitted 
     under subparagraph (A), or does not transmit the complaint or 
     information to the Director in accurate form under 
     subparagraph (B), the employee (subject to clause (ii)) may 
     submit the complaint or information to Congress by contacting 
     either or both of the congressional intelligence committees 
     directly.
       ``(ii) An employee may contact the intelligence committees 
     directly as described in clause (i) only if the employee--
       ``(I) before making such a contact, furnishes to the 
     Director, through the Inspector General, a statement of the 
     employee's complaint or information and notice of the 
     employee's intent to contact the congressional intelligence 
     committees directly; and
       ``(II) obtains and follows from the Director, through the 
     Inspector General, direction on how to contact the 
     intelligence committees in accordance with appropriate 
     security practices.
       ``(iii) A member or employee of one of the congressional 
     intelligence committees who receives a complaint or 
     information under clause (i) does so in that member or 
     employee's official capacity as a member or employee of such 
     committee.
       ``(E) The Inspector General shall notify an employee who 
     reports a complaint or information to the Inspector General 
     under this paragraph of each action taken under this 
     paragraph with respect to the complaint or information. Such 
     notice shall be provided not later than 3 days after any such 
     action is taken.
       ``(F) An action taken by the Director or the Inspector 
     General under this paragraph shall not be subject to judicial 
     review.
       ``(G) In this paragraph, the term `urgent concern' means 
     any of the following:
       ``(i) A serious or flagrant problem, abuse, violation of 
     law or Executive order, or deficiency relating to the 
     funding, administration, or operation of an intelligence 
     activity involving classified information, but does not 
     include differences of opinions concerning public policy 
     matters.
       ``(ii) A false statement to Congress, or a willful 
     withholding from Congress, on an issue of material fact 
     relating to the funding, administration, or operation of an 
     intelligence activity.
       ``(iii) An action, including a personnel action described 
     in section 2302(a)(2)(A) of title 5, United States Code, 
     constituting reprisal or threat of reprisal prohibited under 
     subsection (f)(3)(B) of this section in response to an 
     employee's reporting an urgent concern in accordance with 
     this paragraph.
       ``(H) In support of this paragraph, Congress makes the 
     findings set forth in paragraphs (1) through (6) of section 
     701(b) of the Intelligence Community Whistleblower Protection 
     Act of 1998 (title VII of Public Law 105-272; 5 U.S.C. App. 
     8H note).
       ``(6) In accordance with section 535 of title 28, United 
     States Code, the Inspector General shall report to the 
     Attorney General any information, allegation, or complaint 
     received by the Inspector General relating to violations of 
     Federal criminal law that involves a program or operation of 
     an element of the intelligence community, or in the 
     relationships between the elements of the intelligence 
     community, consistent with such guidelines as may be issued 
     by the Attorney General pursuant to subsection (b)(2) of such 
     section. A copy of each such report shall be furnished to the 
     Director.
       ``(j) Separate Budget Account.--The Director of National 
     Intelligence shall, in accordance with procedures to be 
     issued by the Director in consultation with the congressional 
     intelligence committees, include in the National Intelligence 
     Program budget a separate account for the Office of Inspector 
     General of the Intelligence Community.
       ``(k) Construction of Duties Regarding Elements of 
     Intelligence Community.--Except as resolved pursuant to 
     subsection (g), the performance by the Inspector General of 
     the Intelligence Community of any duty, responsibility, or 
     function regarding an element of the intelligence community 
     shall not be construed to modify or effect the duties and 
     responsibilities of any other Inspector General, whether 
     statutory or administrative, having duties and 
     responsibilities relating to such element.''.
       (2) The table of contents in the first section of the 
     National Security Act of 1947 is amended by inserting after 
     the item relating to section 103G the following new item:

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

       (b) Repeal of Superseded Authority To Establish Position.--
     Section 8K of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is repealed.
       (c) Executive Schedule Level IV.--Section 5314 of title 5, 
     United States Code, is amended by adding at the end the 
     following new item:
       ``Inspector General of the Intelligence Community.''.

     SEC. 409. LEADERSHIP AND LOCATION OF CERTAIN OFFICES AND 
                   OFFICIALS.

       (a) National Counter Proliferation Center.--Section 119A(a) 
     of the National Security Act of 1947 (50 U.S.C. 404o-1(a)) is 
     amended--
       (1) by striking ``(a) Establishment.--Not later than 18 
     months after the date of the enactment of the National 
     Security Intelligence Reform Act of 2004, the'' and inserting 
     the following:
       ``(a) In General.--
       ``(1) Establishment.--The''; and
       (2) by adding at the end the following new paragraphs:
       ``(2) Director.--The head of the National Counter 
     Proliferation Center shall be the Director of the National 
     Counter Proliferation

[[Page S4516]]

     Center, who shall be appointed by the Director of National 
     Intelligence.
       ``(3) Location.--The National Counter Proliferation Center 
     shall be located within the Office of the Director of 
     National Intelligence.''.
       (b) Officers.--Section 103(c) of that Act (50 U.S.C. 403-
     3(c)) is amended--
       (1) by redesignating paragraph (9) as paragraph (13); and
       (2) by inserting after paragraph (8) the following new 
     paragraphs:
       ``(9) The Chief Information Officer of the Intelligence 
     Community.
       ``(10) The Inspector General of the Intelligence Community.
       ``(11) The Director of the National Counterterrorism 
     Center.
       ``(12) The Director of the National Counter Proliferation 
     Center.''.

     SEC. 410. NATIONAL SPACE INTELLIGENCE CENTER.

       (a) Establishment.--
       (1) In general.--Title I of the National Security Act of 
     1947 (50 U.S.C. 401 et seq.) is amended by adding after 
     section 119B the following new section:


                  ``NATIONAL SPACE INTELLIGENCE CENTER

       ``Sec. 119C.  (a) Establishment.--There is established 
     within the Office of the Director of National Intelligence a 
     National Space Intelligence Center.
       ``(b) Director of National Space Intelligence Center.--The 
     National Intelligence Officer for Science and Technology, or 
     a successor position designated by the Director of National 
     Intelligence, shall act as the Director of the National Space 
     Intelligence Center.
       ``(c) Missions.--The National Space Intelligence Center 
     shall have the following missions:
       ``(1) To coordinate and provide policy direction for the 
     management of space-related intelligence assets.
       ``(2) To prioritize collection activities consistent with 
     the National Intelligence Collection Priorities framework, or 
     a successor framework or other document designated by the 
     Director of National Intelligence.
       ``(3) To provide policy direction for programs designed to 
     ensure a sufficient cadre of government and nongovernment 
     personnel in fields relating to space intelligence, including 
     programs to support education, recruitment, hiring, training, 
     and retention of qualified personnel.
       ``(4) To evaluate independent analytic assessments of 
     threats to classified United States space intelligence 
     systems throughout all phases of the development, 
     acquisition, and operation of such systems.
       ``(d) Access to Information.--The Director of National 
     Intelligence shall ensure that the National Space 
     Intelligence Center has access to all national intelligence 
     information (as appropriate), and such other information (as 
     appropriate and practical), necessary for the Center to carry 
     out the missions of the Center under subsection (c).
       ``(e) Separate Budget Account.--The Director of National 
     Intelligence shall include in the National Intelligence 
     Program budget a separate line item for the National Space 
     Intelligence Center.''.
       (2) Clerical amendment.--The table of contents for that Act 
     is amended by inserting after the item relating to section 
     119B the following new item:

``Sec. 119C. National Space Intelligence Center.''.

       (b) Report on Organization of Center.--
       (1) Report required.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of the 
     National Space Intelligence Center shall submit to the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives a report on the organizational structure of 
     the National Space Intelligence Center established by section 
     119C of the National Security Act of 1947 (as added by 
     subsection (a)).
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) The proposed organizational structure of the National 
     Space Intelligence Center.
       (B) An identification of key participants in the Center.
       (C) A strategic plan for the Center during the five-year 
     period beginning on the date of the report.

     SEC. 411. OPERATIONAL FILES IN THE OFFICE OF THE DIRECTOR OF 
                   NATIONAL INTELLIGENCE.

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


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

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

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

     SEC. 412. ELIGIBILITY FOR INCENTIVE AWARDS OF PERSONNEL 
                   ASSIGNED TO THE OFFICE OF THE DIRECTOR OF 
                   NATIONAL INTELLIGENCE.

       (a) In General.--Subsection (a) of section 402 of the 
     Intelligence Authorization Act for Fiscal Year 1984 (50 
     U.S.C. 403e-1) is amended to read as follows:
       ``(a) Authority for Payment of Awards.--(1) The Director of 
     National Intelligence may exercise the authority granted in 
     section 4503 of title 5, United States Code, with respect to 
     Federal employees and members of the Armed Forces detailed or 
     assigned to the Office of the Director of National 
     Intelligence in the same manner as such authority may be 
     exercised with respect to personnel of the Office.
       ``(2) The Director of the Central Intelligence Agency may 
     exercise the authority granted in section 4503 of title 5, 
     United States Code, with respect to Federal employees and 
     members of the Armed Forces detailed or assigned to the 
     Central Intelligence Agency in the same manner as such 
     authority may be exercised with respect to personnel of the 
     Agency.''.
       (b) Repeal of Obsolete Authority.--That section is further 
     amended--
       (1) by striking subsection (c); and
       (2) by redesignating subsection (d) as subsection (c).
       (c) Expeditious Payment.--That section is further amended 
     by adding at the end the following new subsection (d):
       ``(d) Expeditious Payment.--Payment of an award under this 
     authority in this section shall be made as expeditiously as 
     is practicable after the making of the award.''.
       (d) Conforming Amendments.--That section is further 
     amended--
       (1) in subsection (b), by striking ``to the Central 
     Intelligence Agency or to the Intelligence Community Staff'' 
     and inserting ``to the Office of the Director of National 
     Intelligence or to the Central Intelligence Agency''; and
       (2) in subsection (c), as redesignated by subsection (b)(2) 
     of this section, by striking ``Director of Central 
     Intelligence'' and inserting ``Director of National 
     Intelligence or Director of the Central Intelligence 
     Agency''.
       (e) Technical and Stylistic Amendments.--That section is 
     further amended--
       (1) in subsection (b)--
       (A) by inserting ``Personnel Eligible for Awards.--'' after 
     ``(b)'';

[[Page S4517]]

       (B) by striking ``subsection (a) of this section'' and 
     inserting ``subsection (a)''; and
       (C) by striking ``a date five years before the date of 
     enactment of this section'' and inserting ``December 9, 
     1978''; and
       (2) in subsection (c), as so redesignated, by inserting 
     ``Payment and Acceptance of Awards.--'' after ``(c)''.

     SEC. 413. REPEAL OF CERTAIN AUTHORITIES RELATING TO THE 
                   OFFICE OF THE NATIONAL COUNTERINTELLIGENCE 
                   EXECUTIVE.

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

     SEC. 414. INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT 
                   TO ADVISORY COMMITTEES OF THE OFFICE OF THE 
                   DIRECTOR OF NATIONAL INTELLIGENCE.

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

     SEC. 415. MEMBERSHIP OF THE DIRECTOR OF NATIONAL INTELLIGENCE 
                   ON THE TRANSPORTATION SECURITY OVERSIGHT BOARD.

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

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

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

                Subtitle B--Central Intelligence Agency

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

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

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

       (a) Responsibility of Director of Central Intelligence 
     Agency Under National Security Act of 1947.--Subsection (e) 
     of section 104A of the National Security Act of 1947 (50 
     U.S.C. 403-4a), as redesignated by section 421(b)(1) of this 
     Act, is further amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) by redesignating paragraph (4) as paragraph (5); and
       (3) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) protect intelligence sources and methods of the 
     Central Intelligence Agency from unauthorized disclosure, 
     consistent with any direction issued by the President or the 
     Director of National Intelligence; and''.
       (b) Protection Under Central Intelligence Agency Act of 
     1949.--Section 6 of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 403g) is amended by striking ``section 
     102A(i)'' and all that follows through ``unauthorized 
     disclosure'' and inserting ``sections 102A(i) and 104A(e)(4) 
     of the National Security Act of 1947 (50 U.S.C. 403-1(i), 
     403-4a(e)(4))''.
       (c) Construction With Exemption From Requirement for 
     Disclosure of Information to Public.--Section 104A(e)(4) of 
     the National Security Act of 1947, as amended by subsection 
     (a), and section 6 of the Central Intelligence Agency Act of 
     1949, as amended by subsection (b), shall be treated as 
     statutes that specifically exempt from disclosure the matters 
     specified in such sections for purposes of section 552(b)(3) 
     of title 5, United States Code.
       (d) Technical Amendments to Central Intelligence Agency 
     Retirement Act.--Section 201(c) of the Central Intelligence 
     Agency Retirement Act (50 U.S.C. 2011(c)) is amended--
       (1) in the subsection caption, by striking ``of DCI'';
       (2) by striking ``section 102A(i)'' and inserting 
     ``sections 102A(i) and 104A(e)(4)'';

[[Page S4518]]

       (3) by striking ``of National Intelligence''; and
       (4) by inserting ``of the Central Intelligence Agency'' 
     after ``methods''.

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

       (a) Additional Exception.--Subsection (h) of section 104A 
     of the National Security Act of 1947 (50 U.S.C. 403-4a), as 
     redesignated by section 421(b)(1) of this Act, is further 
     amended--
       (1) in paragraph (1)--
       (A) by striking ``paragraph (2)'' and inserting 
     ``paragraphs (2) and (3)''; and
       (B) by striking ``Directorate of Operations'' and inserting 
     ``National Clandestine Service'';
       (2) in paragraph (2), by striking ``position or category of 
     positions'' each place it appears and inserting ``individual, 
     individuals, position, or category of positions''; and
       (3) by adding at the end the following new paragraph:
       ``(3) Paragraph (1) shall not apply to any individual in 
     the Directorate of Intelligence or the National Clandestine 
     Service of the Central Intelligence Agency who is serving in 
     a Senior Intelligence Service position as of December 23, 
     2005, regardless of whether such individual is a member of 
     the Senior Intelligence Service.''.
       (b) Report on Waivers.--Section 611(c) of the Intelligence 
     Authorization Act for Fiscal Year 2005 (Public Law 108-487; 
     118 Stat. 3955) is amended--
       (1) by striking the first sentence and inserting the 
     following new sentence: ``The Director of the Central 
     Intelligence Agency shall submit to Congress a report that 
     identifies individuals who, or positions within the Senior 
     Intelligence Service in the Directorate of Intelligence or 
     the National Clandestine Service of the Central Intelligence 
     Agency that, are determined by the Director to require a 
     waiver under subsection (h) of section 104A of the National 
     Security Act of 1947, as added by subsection (a) and 
     redesignated by section 421(b)(1) of the Intelligence 
     Authorization Act for Fiscal Year 2007.''; and
       (2) in the second sentence--
       (A) by striking ``section 104A(g)(2), as so added'' and 
     inserting ``subsection (h)(2) of section 104A, as so added 
     and redesignated''; and
       (B) by striking ``position or category of positions'' and 
     inserting ``individual, individuals, position, or category of 
     positions''.

     SEC. 424. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR PROTECTIVE 
                   PERSONNEL OF THE CENTRAL INTELLIGENCE AGENCY.

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

     SEC. 425. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON 
                   RETIREMENT BENEFITS FOR FORMER EMPLOYEES OF AIR 
                   AMERICA.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to Congress a report on the 
     advisability of providing Federal retirement benefits to 
     United States citizens for the service of such individuals 
     before 1977 as employees of Air America or an associated 
     company while such company was owned or controlled by the 
     United States Government and operated or managed by the 
     Central Intelligence Agency.
       (b) Report Elements.--(1) The report required by subsection 
     (a) shall include the following:
       (A) The history of Air America and associated companies 
     before 1977, including a description of--
       (i) the relationship between such companies and the Central 
     Intelligence Agency and other elements of the United States 
     Government;
       (ii) the workforce of such companies;
       (iii) the missions performed by such companies and their 
     employees for the United States; and
       (iv) the casualties suffered by employees of such companies 
     in the course of their employment with such companies.
       (B) A description of the retirement benefits contracted for 
     or promised to the employees of such companies before 1977, 
     the contributions made by such employees for such benefits, 
     the retirement benefits actually paid such employees, the 
     entitlement of such employees to the payment of future 
     retirement benefits, and the likelihood that former employees 
     of such companies will receive any future retirement 
     benefits.
       (C) An assessment of the difference between--
       (i) the retirement benefits that former employees of such 
     companies have received or will receive by virtue of their 
     employment with such companies; and
       (ii) the retirement benefits that such employees would have 
     received and in the future receive if such employees had 
     been, or would now be, treated as employees of the United 
     States whose services while in the employ of such companies 
     had been or would now be credited as Federal service for the 
     purpose of Federal retirement benefits.
       (D) The recommendations of the Director regarding the 
     advisability of legislative action to treat employment at 
     such companies as Federal service for the purpose of Federal 
     retirement benefits in light of the relationship between such 
     companies and the United States Government and the services 
     and sacrifices of such employees to and for the United 
     States, and if legislative action is considered advisable, a 
     proposal for such action and an assessment of its costs.
       (2) The Director of National Intelligence shall include in 
     the report any views of the Director of the Central 
     Intelligence Agency on the matters covered by the report that 
     the Director of the Central Intelligence Agency considers 
     appropriate.
       (c) Assistance of Comptroller General.--The Comptroller 
     General of the United States shall, upon the request of the 
     Director of National Intelligence and in a manner consistent 
     with the protection of classified information, assist the 
     Director in the preparation of the report required by 
     subsection (a).
       (d) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (e) Definitions.--In this section:
       (1) The term ``Air America'' means Air America, 
     Incorporated.
       (2) The term ``associated company'' means any company 
     associated with or subsidiary to Air America, including Air 
     Asia Company Limited and the Pacific Division of Southern Air 
     Transport, Incorporated.

              Subtitle C--Defense Intelligence Components

     SEC. 431. ENHANCEMENTS OF NATIONAL SECURITY AGENCY TRAINING 
                   PROGRAM.

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

     SEC. 432. CODIFICATION OF AUTHORITIES OF NATIONAL SECURITY 
                   AGENCY PROTECTIVE PERSONNEL.

       The National Security Agency Act of 1959 (50 U.S.C. 402 
     note) is amended by adding at the end the following new 
     section:
       ``Sec. 21. (a) The Director is authorized to designate 
     personnel of the Agency to perform protective functions for 
     the Director and for any personnel of the Agency designated 
     by the Director.
       ``(b)(1) In the performance of protective functions under 
     this section, personnel of the Agency designated to perform 
     protective functions pursuant to subsection (a) are 
     authorized, when engaged in the performance of such 
     functions, to make arrests without a warrant for--
       ``(A) any offense against the United States committed in 
     the presence of such personnel; or
       ``(B) any felony cognizable under the laws of the United 
     States if such personnel have reasonable grounds to believe 
     that the person to be arrested has committed or is committing 
     such felony.
       ``(2) The authority in paragraph (1) may be exercised only 
     in accordance with guidelines approved by the Director and 
     the Attorney General.
       ``(3) Personnel of the Agency designated to perform 
     protective functions pursuant to subsection (a) shall not 
     exercise any authority for the service of civil process or 
     the investigation of criminal offenses.
       ``(c) Nothing in this section shall be construed to impair 
     or otherwise affect any authority under any other provision 
     of law relating to the performance of protective 
     functions.''.

     SEC. 433. INSPECTOR GENERAL MATTERS.

       (a) Coverage Under Inspector General Act of 1978.--
     Subsection (a)(2) of section 8G of the Inspector General Act 
     of 1978 (5 U.S.C. App. 8G) is amended--
       (1) by inserting ``the Defense Intelligence Agency,'' after 
     ``the Corporation for Public Broadcasting,'';
       (2) by inserting ``the National Geospatial-Intelligence 
     Agency,'' after ``the National Endowment for the Arts,''; and

[[Page S4519]]

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

     SEC. 434. CONFIRMATION OF APPOINTMENT OF HEADS OF CERTAIN 
                   COMPONENTS OF THE INTELLIGENCE COMMUNITY.

       (a) Director of National Security Agency.--The National 
     Security Agency Act of 1959 (50 U.S.C. 402 note) is amended 
     by inserting after the first section the following new 
     section:
       ``Sec. 2. (a) There is a Director of the National Security 
     Agency.
       ``(b) The Director of the National Security Agency shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate.
       ``(c) The Director of the National Security Agency shall be 
     the head of the National Security Agency and shall discharge 
     such functions and duties as are provided by this Act or 
     otherwise by law.''.
       (b) Director of National Geospatial-Intelligence Agency.--
     Section 441(b) of title 10, United States Code, is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) The Director of the National Geospatial Intelligence 
     Agency shall be appointed by the President, by and with the 
     advice and consent of the Senate.''.
       (c) Director of National Reconnaissance Office.--The 
     Director of the National Reconnaissance Office shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate.
       (d) Positions of Importance and Responsibility.--
       (1) Designation of positions.--The President may designate 
     any of the positions referred to in paragraph (2) as 
     positions of importance and responsibility under section 601 
     of title 10, United States Code.
       (2) Covered positions.--The positions referred to in this 
     paragraph are as follows:
       (A) The Director of the National Security Agency.
       (B) The Director of the National Geospatial-Intelligence 
     Agency.
       (C) The Director of the National Reconnaissance Office.
       (e) Effective Date and Applicability.--(1) The amendments 
     made by subsections (a) and (b), and subsection (c), shall 
     take effect on the date of the enactment of this Act and 
     shall apply upon the earlier of--
       (A) the date of the nomination by the President of an 
     individual to serve in the position concerned, except that 
     the individual serving in such position as of the date of the 
     enactment of this Act may continue to perform such duties 
     after such date of nomination and until the individual 
     appointed to such position, by and with the advice and 
     consent of the Senate, assumes the duties of such position; 
     or
       (B) the date of the cessation of the performance of the 
     duties of such position by the individual performing such 
     duties as of the date of the enactment of this Act.
       (2) Subsection (d) shall take effect on the date of the 
     enactment of this Act.

     SEC. 435. CLARIFICATION OF NATIONAL SECURITY MISSIONS OF 
                   NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY FOR 
                   ANALYSIS AND DISSEMINATION OF CERTAIN 
                   INTELLIGENCE INFORMATION.

       Section 442(a) of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraph (2) as paragraph (3);
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2)(A) As directed by the Director of National 
     Intelligence, the National Geospatial-Intelligence Agency 
     shall also analyze, disseminate, and incorporate into the 
     National System for Geospatial-Intelligence, likenesses, 
     videos, or presentations produced by ground-based platforms, 
     including handheld or clandestine photography taken by or on 
     behalf of human intelligence collection organizations or 
     available as open-source information.
       ``(B) The authority provided by this paragraph does not 
     include the authority to manage or direct the tasking of, set 
     requirements and priorities for, set technical requirements 
     related to, or modify any classification or dissemination 
     limitations related to the collection of, handheld or 
     clandestine photography taken by or on behalf of human 
     intelligence collection organizations.''; and
       (3) in paragraph (3), as so redesignated, by striking 
     ``paragraph (1)'' and inserting ``paragraphs (1) and (2)''.

     SEC. 436. SECURITY CLEARANCES IN THE NATIONAL GEOSPATIAL-
                   INTELLIGENCE AGENCY.

       The Secretary of Defense shall, during the period beginning 
     on the date of the enactment of this Act and ending on 
     December 31, 2007, delegate to the Director of the National 
     Geospatial-Intelligence Agency personnel security authority 
     with respect to the National Geospatial-Intelligence Agency 
     (including authority relating to the use of contractor 
     personnel in investigations and adjudications for security 
     clearances) that is identical to the personnel security 
     authority of the Director of the National Security Agency 
     with respect to the National Security Agency.

                       Subtitle D--Other Elements

     SEC. 441. FOREIGN LANGUAGE INCENTIVE FOR CERTAIN NON-SPECIAL 
                   AGENT EMPLOYEES OF THE FEDERAL BUREAU OF 
                   INVESTIGATION.

       (a) Authority To Pay Incentive.--The Director of the 
     Federal Bureau of Investigation may pay a cash award 
     authorized by section 4523 of title 5, United States Code, in 
     accordance with the provisions of such section, to any 
     employee of the Federal Bureau of Investigation described in 
     subsection (b) as if such employee were a law enforcement 
     officer as specified in such section.
       (b) Covered Employees.--An employee of the Federal Bureau 
     of Investigation described in this subsection is any employee 
     of the Federal Bureau of Investigation--
       (1) who uses foreign language skills in support of the 
     analyses, investigations, or operations of the Bureau to 
     protect against international terrorism or clandestine 
     intelligence activities (or maintains foreign language skills 
     for purposes of such 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. 442. 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.

[[Page S4520]]

       ``(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.
       ``(c) Contract To Be Appropriate Means of Securing 
     Services.--The chief contracting officer of the Department of 
     State shall ensure that each contract entered into by the 
     Secretary under this section is the appropriate means of 
     securing the services to be provided under such contract.''.

     SEC. 443. CLARIFICATION OF INCLUSION OF COAST GUARD AND DRUG 
                   ENFORCEMENT ADMINISTRATION AS ELEMENTS OF 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)--
       (A) by inserting ``the Coast Guard,'' after ``the Marine 
     Corps,''; and
       (B) by inserting ``the Drug Enforcement Administration,'' 
     after ``the Federal Bureau of Investigation,''; and
       (2) in subparagraph (K), by striking ``, including the 
     Office of Intelligence of the Coast Guard''.

     SEC. 444. 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)'';
       (ii) in paragraph (5)(A), by striking ``or personnel'' in 
     the matter preceding clause (i); and
       (iii) in paragraph (5)(B), by striking ``or agency 
     involved'' in the second sentence and inserting ``involved or 
     the Director of the Central Intelligence Agency (in the case 
     of the Central Intelligence Agency)'';
       (C) in subsection (l)(2)(B), by striking ``section'' and 
     inserting ``paragraph''; and
       (D) in subsection (n), by inserting ``and Other'' after 
     ``Acquisition''.
       (2) In section 119(c)(2)(B) (50 U.S.C. 404o(c)(2)(B)), by 
     striking ``subsection (h)'' and inserting ``subsection (i)''.
       (3) In section 705(e)(2)(D)(i) (50 U.S.C. 
     432c(e)(2)(D)(i)), by striking ``responsible'' and inserting 
     ``responsive''.

     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 striking ``annual budgets 
     for the Joint Military Intelligence Program and for Tactical 
     Intelligence and Related Activities'' and inserting ``annual 
     budget for the Military Intelligence Program or any successor 
     program or programs''; and
       (2) in subsection (d)(1)(B), by striking ``Joint Military 
     Intelligence Program'' and inserting ``Military Intelligence 
     Program or any successor program or programs''.

     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 further 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 (5 U.S.C. 601 note)--
       (A) in subsection (d)(4)(A), by striking ``National 
     Intelligence Director'' and inserting ``Director of National 
     Intelligence''; and
       (B) in subsection (h), 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 AMENDMENTS TO TITLE 10, UNITED STATES 
                   CODE, ARISING FROM ENACTMENT OF THE 
                   INTELLIGENCE REFORM AND TERRORISM PREVENTION 
                   ACT OF 2004.

       (a) References to Head of Intelligence Community.--Title 
     10, United States Code, is amended by striking ``Director of 
     Central Intelligence'' each place it appears in a provision 
     as follows and inserting ``Director of National 
     Intelligence'':
       (1) Section 193(d)(2).
       (2) Section 193(e).
       (3) Section 201(a).
       (4) Section 201(b)(1).
       (5) Section 201(c)(1).
       (6) Section 425(a).
       (7) Section 431(b)(1).
       (8) Section 441(c).
       (9) Section 441(d).
       (10) Section 443(d).
       (11) Section 2273(b)(1).
       (12) Section 2723(a).
       (b) Clerical Amendments.--Such title is further amended by 
     striking ``Director of Central Intelligence'' each place it 
     appears in a provision as follows and inserting ``Director of 
     National Intelligence'':
       (1) Section 441(c).
       (2) Section 443(d).
       (c) Reference to Head of Central Intelligence Agency.--
     Section 444 of such title is amended by striking ``Director 
     of Central Intelligence'' each place it appears and inserting 
     ``Director of the Central Intelligence Agency''.

     SEC. 505. 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. 506. 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. 507. 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. 508. 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 (x)).
       (F) Section 5342(a)(1) (in clause (K)).
       (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:

[[Page S4521]]

     ``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)(1) 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''.
                                 ______
                                 
  SA 844. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 372, to authorize appropriations for fiscal year 
2007 for the intelligence and intelligence-related activities of the 
United States Government, the Intelligence Community Management 
Account, and the Central Intelligence Agency Retirement and Disability 
System, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title III, add the following:

     SEC. __. REPORT ON INTELLIGENCE RELATED TO INSURGENT FORCES 
                   IN IRAQ.

       (a) Requirement for Report.--Not later than 90 days after 
     the date of enactment of this Act, and every 90 days 
     thereafter, the Director of National Intelligence shall 
     submit to Congress a report on intelligence relating to the 
     insurgent forces in Iraq that are fighting against coalition 
     forces in Iraq or forces of the Government of Iraq.
       (b) Content of Report.--Each report required by subsection 
     (a) shall include the following:
       (1) An estimate of the number of insurgent forces in Iraq 
     that are fighting against coalition forces in Iraq or forces 
     of the Government of Iraq.
       (2) A description of the locations in Iraq where such 
     insurgent forces are located.
       (3) A description of the capability of such insurgent 
     forces and of the manner in which such insurgent forces are 
     funded.
       (4) An estimate of the number of members of such insurgent 
     forces in Iraq who are--
       (A) members of al Qaeda or any other terrorist 
     organization; or
       (B) former members of the Ba'ath Party.
       (c) Form of Report.--The report required by subsection (a) 
     shall be submitted in a classified form.
                                 ______
                                 
  SA 845. Mr. BAYH submitted an amendment intended to be proposed by 
him to the bill S. 372, to authorize appropriations for fiscal year 
2007 for the intelligence and intelligence-related activities of the 
United States Government, the Intelligence Community Management 
Account, and the Central Intelligence Agency Retirement and Disability 
System, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title V, add the following:

     SEC. 509. PROCUREMENT OF PREDATOR AND GLOBAL HAWK UNMANNED 
                   AERIAL VEHICLES AND RELATED SYSTEMS.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to Congress a report on the actions being taken by the 
     Department of Defense to address shortfalls in the 
     procurement of Predator Unmanned Aerial Vehicles and Global 
     Hawk Unmanned Aerial Vehicles and associated orbits for 
     military and intelligence mission requirements.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of any shortages in available Predator 
     Unmanned Aerial Vehicles, Global Hawk Unmanned Aerial 
     Vehicles, and associated orbits to meet requirements of 
     United States military and intelligence forces in the field, 
     including for activities in Iraq, Afghanistan, Colombia, 
     East, South and Southeast Asia.
       (2) A description of progress in developing next-generation 
     stealth, medium-altitude unmanned aerial vehicles.
       (3) A schedule for addressing such shortages.
       (4) An assessment of whether or not the Department of 
     Defense has requested all funds required to keep production 
     lines for such unmanned aerial vehicles running at maximum 
     capacity until such shortages are fully addressed, and, if 
     not, a statement of the reasons why.
       (5) A description of the actions required to fully address 
     such shortages.
       (6) An assessment of whether or not reliance on a sole-
     source producer for production of the Predator Unmanned 
     Aerial Vehicle delays the achievement of production and 
     procurement schedules for such vehicle, and if so, 
     recommendations securing one or more additional producers of 
     the vehicle
       (7) A statement of the anticipated overseas requirements 
     for such unmanned aerial vehicles during the five-year period 
     beginning on the date of the report, including an assessment 
     of the extent to which long-endurance unmanned aerial 
     vehicles, whether armed or for intelligence, surveillance, 
     and reconnaissance purposes, are long-term and growing 
     requirement for the Armed Forces.
       (8) A statement as to whether domestic requirements for 
     medium-altitude unmanned aerial vehicles will further delay 
     meeting all overseas military and intelligence requirements.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
                                 ______
                                 
  SA 846. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 372, to authorize appropriations for fiscal year 
2007 for the intelligence and intelligence-related activities of the 
United States Government, the Intelligence Community Management 
Account, and the Central Intelligence Agency Retirement and Disability 
System, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:
       ``(7) develop 15-year projections and assessments of the 
     needs of the intelligence community to ensure a robust 
     federal scientific and engineering workforce and the means to 
     recruit such a workforce through integrated scholarships 
     across the intelligence community, including research grants 
     and cooperative work-study programs;
                                 ______
                                 
  SA 847. Ms. COLLINS (for herself, Mr. Lieberman, Mr. Carper, Mr. 
Coleman, and Mr. Akaka) submitted an amendment intended to be proposed 
to amendment SA 843 proposed by Mr. Rockefeller (for himself and Mr. 
Bond) to the bill S. 372, to authorize appropriations for fiscal year 
2007 for the intelligence and intelligence-related activities of the 
United States Government, the Intelligence Community Management 
Account, and the Central Intelligence Agency Retirement and Disability 
System, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. ___. SENSE OF CONGRESS RELATING TO CONSTITUTIONAL AND 
                   STATUTORY PROTECTIONS ACCORDED SEALED DOMESTIC 
                   MAIL.

       (a) Findings.--Congress finds that--
       (1) all Americans depend on the United States Postal 
     Service to transact business and communicate with friends and 
     family;
       (2) postal customers have a constitutional right to expect 
     that their sealed domestic mail will be protected against 
     unreasonable searches;
       (3) the circumstances and procedures under which the 
     Government may search sealed mail are well defined, including 
     provisions under the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1801 et seq.), and generally require prior 
     judicial approval;
       (4) the United States Postal Inspection Service has the 
     authority to open and search a sealed envelope or package 
     when there is immediate threat to life or limb or an 
     immediate and substantial danger to property;
       (5) the United States Postal Service affirmed January 4, 
     2007, that the enactment of the Postal Accountability and 
     Enhancement Act (Public Law 109-435) does not grant Federal 
     law enforcement officials any new authority to open domestic 
     mail;
       (6) questions have been raised about these basic privacy 
     protections following issuance of the President's signing 
     statement on the Postal Accountability and Enhancement Act 
     (Public Law 109-435); and
       (7) the Senate rejects any interpretation of the 
     President's signing statement on the Postal Accountability 
     and Enhancement Act (Public Law 109-435) that in any way 
     diminishes the privacy protections accorded sealed domestic 
     mail under the Constitution and Federal laws and regulations.
       (b) Sense of Congress.--It is the sense of Congress that 
     Congress reaffirms the constitutional and statutory 
     protections accorded sealed domestic mail.
                                 ______
                                 
  SA 848. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 372, to authorize appropriations for fiscal year 
2007 for the intelligence and intelligence-related activities of the 
United States Government, the Intelligence Community Management 
Account, and the Central Intelligence Agency Retirement and Disability 
System, and for other purposes; which was ordered to lie on the table; 
as follows:


[[Page S4522]]


       At the end, add the following:

     SEC. __. RECRUITMENT OF PERSONS TO PARTICIPATE IN TERRORISM.

       (a) In General.--Chapter 113B of title 18, United States 
     Code, is amended by inserting after section 2332b the 
     following:

     ``Sec. 2332c. Recruitment of persons to participate in 
       terrorism.

       ``(a) Offenses.--
       ``(1) In general.--It shall be unlawful to employ, solicit, 
     induce, command, or cause another person to commit an act of 
     domestic terrorism or international terrorism or a Federal 
     crime of terrorism, with the intent that the person commit 
     such act or crime of terrorism
       ``(2) Attempt and conspiracy.--It shall be unlawful to 
     attempt or conspire to commit an offense under paragraph (1).
       ``(b) Penalties.--Any person who violates subsection (a)--
       ``(1) in the case of an attempt or conspiracy, shall be 
     fined under this title, imprisoned not more than 10 years, or 
     both;
       ``(2) if death of an individual results, shall be fined 
     under this title, punished by death or imprisoned for any 
     term of years or for life, or both;
       ``(3) if serious bodily injury to any individual results, 
     shall be fined under this title, imprisoned not less than 10 
     years nor more than 25 years, or both; and
       ``(4) in any other case, shall be fined under this title, 
     imprisoned not more than 10 years, or both.
       ``(c) Rule of Construction.--Nothing in this section shall 
     be construed or applied so as to abridge the exercise of 
     rights guaranteed under the first amendment to the 
     Constitution of the United States.
       ``(d) Lack of Consummated Terrorist Act Not a Defense.--It 
     is not a defense under this section that the act of domestic 
     terrorism or international terrorism or Federal crime of 
     terrorism that is the object of the employment, solicitation, 
     inducement, commanding, or causing has not been done.
       ``(e) Definitions.--In this section--
       ``(1) the term `Federal crime of terrorism' has the meaning 
     given that term in section 2332b of this title; and
       ``(2) the term `serious bodily injury' has the meaning 
     given that term in section 1365 of this title.''.
       (b) Technical and Conforming Amendments.--The table of 
     sections at the beginning of chapter 113B of title 18, United 
     States Code, is amended--
       (1) by inserting after section 2332b the following:

``2332c. Recruitment of persons to participate in terrorism.''; and

       (2) by adding at the end the following:

``2339D. Receiving military-type training from a foreign terrorist 
              organization.''.
                                 ______
                                 
  SA 849. Mr. CORNYN Submitted an amendment intended to be proposed by 
him to the bill S. 372, to authorize appropriations for fiscal year 
2007 for the intelligence and intelligence-related activities of the 
United States Government, the Intelligence Community Management 
Account, and the Central Intelligence Agency Retirement and Disability 
System, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end, add the following:

     SEC. __. RECRUITMENT OF PERSONS TO PARTICIPATE IN TERRORISM.

       (a) In General.--Chapter 113B of title 18, United States 
     Code, is amended by inserting after section 2332b the 
     following:

     ``Sec. 2332c. Recruitment of persons to participate in 
       terrorism.

       ``(a) Offenses.--
       ``(1) In general.--It shall be unlawful to employ, solicit, 
     induce, command, or cause another person to commit an act of 
     domestic terrorism or international terrorism or a Federal 
     crime of terrorism, with the intent that the person commit 
     such act or crime of terrorism
       ``(2) Attempt and conspiracy.--It shall be unlawful to 
     attempt or conspire to commit an offense under paragraph (1).
       ``(b) Penalties.--Any person who violates subsection (a)--
       ``(1) in the case of an attempt or conspiracy, shall be 
     fined under this title, imprisoned not more than 10 years, or 
     both;
       ``(2) if death of an individual results, shall be fined 
     under this title, punished by death or imprisoned for any 
     term of years or for life, or both;
       ``(3) if serious bodily injury to any individual results, 
     shall be fined under this title, imprisoned not less than 10 
     years nor more than 25 years, or both; and
       ``(4) in any other case, shall be fined under this title, 
     imprisoned not more than 10 years, or both.
       ``(c) Rule of Construction.--Nothing in this section shall 
     be construed or applied so as to abridge the exercise of 
     rights guaranteed under the first amendment to the 
     Constitution of the United States.
       ``(d) Lack of Consummated Terrorist Act Not a Defense.--It 
     is not a defense under this section that the act of domestic 
     terrorism or international terrorism or Federal crime of 
     terrorism that is the object of the employment, solicitation, 
     inducement, commanding, or causing has not been done.
       ``(e) Definitions.--In this section--
       ``(1) the term `Federal crime of terrorism' has the meaning 
     given that term in section 2332b of this title; and
       ``(2) the term `serious bodily injury' has the meaning 
     given that term in section 1365 of this title.''.
       (b) Technical and Conforming Amendments.--The table of 
     sections at the beginning of chapter 113B of title 18, United 
     States Code, is amended--
       (1) by inserting after section 2332b the following:

``2332c. Recruitment of persons to participate in terrorism.''; and
       (2) by adding at the end the following:

``2339D. Receiving military-type training from a foreign terrorist 
              organization.''.

     SEC. __. APPROPRIATE REMEDIES FOR IMMIGRATION LITIGATION.

       (a) Limitation on Class Actions.--No court may certify a 
     class under rule 23 of the Federal Rules of Civil Procedure 
     in any civil action that--
       (1) is filed after the date of the enactment of this Act; 
     and
       (2) pertains to the administration or enforcement of the 
     immigration laws of the United States.
       (b) Prospective Relief Against the Government.--
       (1) In general.--If a Federal court determines that a 
     plaintiff should be awarded prospective relief to remedy a 
     violation of the Government in a civil action pertaining to 
     the administration or enforcement of the immigration laws of 
     the United States, the court shall--
       (A) limit the relief to the minimum necessary to correct 
     the violation of law;
       (B) design the relief as the least intrusive means to 
     correct the violation;
       (C) design the relief in a manner to minimize, to the 
     greatest extent practicable, the adverse impact of such 
     relief on the national security, border security, ability to 
     administer and enforce the immigration laws, and public 
     safety of the United States; and
       (D) provide for the expiration of the relief on a specific 
     date, which may not be later than the earliest date 
     practicable for the Government to remedy the violation.
       (2) Written explanation.--A court granting prospective 
     relief for a violation described in paragraph (1) shall issue 
     a written order granting the relief and include in the order 
     a discussion of the manner in which the relief is designed to 
     meet the requirements of subparagraphs (A) through (D) of 
     paragraph (1) and shall be sufficiently detailed to allow 
     review by another court.
       (3) Expiration of preliminary injunctive relief.--
     Preliminary injunctive relief ordered by a court in a case 
     related to the immigration laws of the United States shall 
     automatically expire on the date that is 90 days after the 
     date on which such relief is entered, unless the court finds 
     that such relief meets the requirements described in 
     subparagraphs (A) through (D) of paragraph (1) for the entry 
     of permanent prospective relief and orders the preliminary 
     relief to become a final order granting prospective relief 
     prior to the expiration of the 90-day period.
       (c) Procedure for Motion Affecting Order Granting 
     Prospective Relief Against the Government.--
       (1) In general.--A court shall promptly rule on a motion 
     made by the Government to vacate, modify, dissolve, or 
     otherwise terminate an order granting prospective relief in 
     any civil action pertaining to the administration or 
     enforcement of the immigration laws of the United States.
       (2) Automatic stays.--
       (A) In general.--A motion to vacate, modify, dissolve, or 
     otherwise terminate an order granting prospective relief made 
     by the Government in any civil action pertaining to the 
     administration or enforcement of the immigration laws of the 
     United States shall automatically, and without further order 
     of the court, stay the order granting prospective relief on 
     the date that is 15 days after the date on which such motion 
     is filed unless the court previously has granted or denied 
     the Government's motion.
       (B) Duration of automatic stay.--An automatic stay under 
     subparagraph (A) shall continue until the date on which the 
     court enters an order granting or denying the Government's 
     motion.
       (C) Postponement.--The court may, for good cause, postpone 
     an automatic stay under subparagraph (A) for not longer than 
     15 days.
       (D) Pending motions.--
       (i) Motions pending for 45 days or less.--A motion to 
     vacate, modify, dissolve, or otherwise terminate an order 
     granting prospective relief in any civil action pertaining to 
     the administration or enforcement of the immigration laws of 
     the United States that has been pending for not more than 45 
     days on the date of the enactment of this Act shall be 
     treated as if the motion had been filed on the date of the 
     enactment of this Act for purposes of this subsection.
       (ii) Motions pending for more than 45 days.--

       (I) In general.--A motion to vacate, modify, dissolve, or 
     otherwise terminate an order granting prospective relief in 
     any civil action pertaining to the administration or 
     enforcement of the immigration laws of the United States that 
     has been pending for more than 45 days on the date of the 
     enactment of this Act, and remains pending 10 days after the 
     date of the enactment of this Act, shall result in an 
     automatic stay, without further order of the court, of the 
     prospective relief that is the subject of the motion.

[[Page S4523]]

       (II) Duration of automatic stay.--An automatic stay under 
     subclause (I) shall continue until the court enters an order 
     granting or denying the Government's motion.
       (III) Postponement.--An automatic stay under this clause 
     may not be postponed under subparagraph (C).

       (E) Automatic stays during remands from higher courts.--If 
     a United States court of appeals orders a decision on a 
     motion to vacate, modify, dissolve, or otherwise terminate an 
     order granting prospective relief in any civil action 
     pertaining to the administration or enforcement of the 
     immigration laws of the United States to be remanded to a 
     district court, the order granting prospective relief which 
     is the subject of the motion shall be automatically stayed 
     until the district court enters an order granting or denying 
     the motion.
       (F) Orders blocking automatic stays.--An order staying, 
     suspending, delaying, or otherwise barring the effective date 
     of an automatic stay, other than an order to postpone the 
     effective date of the automatic stay for not longer than 15 
     days under subparagraph (C), shall be treated as an order 
     refusing to vacate, modify, dissolve, or otherwise terminate 
     an injunction and immediately shall be appealable pursuant to 
     section 1292(a)(1) of title 28, United States Code.
       (3) Requirements for order denying motion.--Subsection (b) 
     shall apply to any order denying a motion made by the 
     Government to vacate, modify, dissolve, or otherwise 
     terminate an order granting prospective relief in any civil 
     action pertaining to the administration or enforcement of the 
     immigration laws of the United States.
       (d) Additional Rules Concerning Prospective Relief 
     Affecting Expedited Removal.--
       (1) Jurisdiction over orders interfering with the 
     inspection of aliens arriving in the united states.--
     Notwithstanding any other provision of law (statutory or 
     nonstatutory), including section 2241 of title 28, United 
     States Code, or any other habeas corpus provision and 
     sections 1361 and 1651 of such title, no court shall have 
     jurisdiction to grant or continue an order or part of an 
     order granting prospective relief if the order or part of the 
     order interferes with, affects, or impacts any determination 
     pursuant to, or implementation of, section 235(b)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1225(b)(1)), except 
     as expressly provided in section 242(e) of such Act (8 U.S.C. 
     1252(e)).
       (2) Determination of jurisdiction.--If the Government files 
     a motion to vacate, modify, dissolve, or otherwise terminate 
     an order granting prospective relief in a civil action 
     pertaining to the administration or enforcement of the 
     immigration laws of the United States, the court shall 
     promptly determine whether the court continues to have 
     jurisdiction and shall promptly vacate any order or part of 
     an order granting prospective relief that is not within the 
     jurisdiction of the court.
       (3) Applicability.--Paragraphs (1) and (2) shall not apply 
     to an order granting prospective relief that was entered 
     before the date of the enactment of this Act if the 
     prospective relief granted by such order was necessary to 
     remedy the violation of a right guaranteed by the 
     Constitution of the United States.
       (e) Settlements.--
       (1) Consent decrees.--In any civil action pertaining to the 
     administration or enforcement of the immigration laws of the 
     United States, the court shall not enter, approve, or 
     continue a consent decree unless it complies with the 
     requirements of subsection (b).
       (2) Private settlement agreements.--Nothing in this section 
     shall preclude parties from entering into a private 
     settlement agreement that does not comply with the 
     requirements of subsection (b).
       (f) Definitions.--In this section:
       (1) Consent decree.--The term ``consent decree'' means any 
     relief entered by the court that is based in whole or in part 
     on the consent or acquiescence of the parties, but does not 
     include private settlement agreements.
       (2) Good cause.--The term ``good cause'' does not include 
     discovery or congestion of the court's calendar.
       (3) Government.--The term ``Government'' means the United 
     States, any Federal department or agency, or any Federal 
     agent or official acting within the scope of official duties.
       (4) Permanent relief.--The term ``permanent relief'' means 
     relief issued in connection with a final decision of a court.
       (5) Private settlement agreement.--The term ``private 
     settlement agreement'' means an agreement entered into by the 
     parties that is not subject to judicial enforcement other 
     than the reinstatement of the civil action of the claim 
     resolved by such agreement.
       (6) Prospective relief.--The term ``prospective relief'' 
     means temporary, preliminary, or permanent relief other than 
     compensatory monetary damages.
       (g) Expedited Proceedings.--It shall be the duty of every 
     court to advance on the docket and to expedite the 
     disposition of any civil action or motion subject to the 
     provisions of this section.
       (h) Effective Date.--This section shall apply with respect 
     to all orders granting prospective relief in any civil action 
     pertaining to the administration or enforcement of the 
     immigration laws of the United States, whether such relief 
     was ordered before, on, or after the date of the enactment of 
     this Act.
       (i) Severability.--If any provision of this section or the 
     application of such provision to any person or circumstance 
     is found to be unconstitutional, the remainder of this 
     section and the application of the provisions of this section 
     to any person or circumstance shall not be affected by such 
     finding.

     SEC. __. JUDICIAL REVIEW OF VISA REVOCATION.

       (a) In General.--Section 221(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1201(i)) is amended by striking 
     ``There shall be no means of judicial review'' and all that 
     follows and inserting the following: ``Notwithstanding any 
     other provision of law, including section 2241 of title 28, 
     United States Code, or any other habeas corpus provision, and 
     sections 1361 and 1651 of such title, a revocation under this 
     subsection may not be reviewed by any court, and no court 
     shall have jurisdiction to hear any claim arising from, or 
     any challenge to, such a revocation.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of enactment of this Act and 
     shall apply to visas issued before, on, or after such date.

     SEC. __. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED.

       (a) Detention of Deportable Aliens to Protect Public 
     Safety.--
       (1) In general.--Section 241(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(a)) is amended--
       (A) by striking ``Attorney General'' each place it appears, 
     except for the first reference in paragraph (4)(B)(i), and 
     inserting ``Secretary of Homeland Security'';
       (B) in paragraph (1)--
       (i) by amending clause (ii) of subparagraph (B) to read as 
     follows:
       ``(ii) If a court, the Board of Immigration Appeals, or an 
     immigration judge orders a stay of the removal of the alien, 
     the date the stay of removal is no longer in effect.'';
       (ii) by adding at the end of subparagraph (B), the 
     following flush text:
     ``If, at the beginning of the removal period, as determined 
     under this subparagraph, the alien is not in the custody of 
     the Secretary of Homeland Security (under the authority of 
     this Act), the Secretary shall take the alien into custody 
     for removal, and the removal period shall not begin until the 
     alien is taken into such custody. If the Secretary transfers 
     custody of the alien during the removal period pursuant to 
     law to another Federal agency or a State or local government 
     agency in connection with the official duties of such agency, 
     the removal period shall be tolled, and shall begin anew on 
     the date of the alien's return to the custody of the 
     Secretary subject to clause (ii).''; and
       (iii) by amending subparagraph (C) to read as follows:
       ``(C) Suspension of period.--The removal period shall be 
     extended beyond a period of 90 days and the alien may remain 
     in detention during such extended period if the alien--
       ``(i) fails or refuses to make all reasonable efforts to 
     comply with the removal order, or to fully cooperate with the 
     efforts of the Secretary to establish the identity of the 
     alien and carry out the removal order, including making 
     timely application in good faith for travel or other 
     documents necessary to the departure of the alien; or
       ``(ii) conspires or acts to prevent the alien's removal.'';
       (C) in paragraph (2)--
       (i) by striking ``During'' and inserting the following:
       ``(A) In general.--During''; and
       (ii) by adding at the end the following new subparagraph:
       ``(B) Effect of stay of removal.--If a court, the Board of 
     Immigration Appeals, or an immigration judge orders a stay of 
     removal of an alien who is subject to an administratively 
     final order of removal, the Secretary of Homeland Security in 
     the exercise of discretion may detain the alien during the 
     pendency of such stay of removal.'';
       (D) in paragraph (3), by amending subparagraph (D) to read 
     as follows:
       ``(D) to obey reasonable restrictions on the alien's 
     conduct or activities or to perform affirmative acts that the 
     Secretary of Homeland Security prescribes for the alien, in 
     order to prevent the alien from absconding, for the 
     protection of the community, or for other purposes related to 
     the enforcement of the immigration laws.'';
       (E) in paragraph (6), by striking ``removal period and, if 
     released,'' and inserting ``removal period, in the discretion 
     of the Secretary of Homeland Security, without any 
     limitations other than those specified in this section, until 
     the alien is removed. If the alien is released, the alien''; 
     and
       (F) by redesignating paragraph (7) as paragraph (10) and 
     inserting after paragraph (6) the following new paragraphs:
       ``(7) Parole.--If an alien detained pursuant to paragraph 
     (6) is an applicant for admission, the Secretary of Homeland 
     Security, in the Secretary's discretion, may parole the alien 
     under section 212(d)(5) and may provide, notwithstanding 
     section 212(d)(5), that the alien shall not be returned to 
     custody unless either the alien violates the conditions of 
     the parole or the removal of the alien becomes reasonably 
     foreseeable. In no circumstance shall such alien be 
     considered admitted.
       ``(8) Additional rules for detention or release of certain 
     aliens who have made an entry.--The following procedures 
     apply to an alien who has effected an entry into the United 
     States and do not apply to any

[[Page S4524]]

     other alien detained pursuant to paragraph (6):
       ``(A) Establishment of a detention review process for 
     aliens who fully cooperate with removal.--For an alien who 
     has made all reasonable efforts to comply with a removal 
     order and to cooperate fully with the Secretary of Homeland 
     Security's efforts to establish the alien's identity and 
     carry out the removal order, including making timely 
     application in good faith for travel or other documents 
     necessary to the alien's departure, and has not conspired or 
     acted to prevent removal, the Secretary of Homeland Security 
     shall establish an administrative review process to determine 
     whether an alien will be detained or released on conditions. 
     The Secretary shall make a determination whether to release 
     an alien after the removal period in accordance with 
     paragraph (1)(B). The determination shall include 
     consideration of any evidence submitted by the alien, and may 
     include consideration of any other evidence, including any 
     information or assistance provided by the Department of State 
     or other Federal agency and any other information available 
     to the Secretary pertaining to the ability to remove the 
     alien.
       ``(B) Additional 90-day period.--The Secretary of Homeland 
     Security, in the exercise of discretion, without any 
     limitations other than those specified in this section, may 
     continue to detain an alien for 90 days beyond the removal 
     period (including any extension of the removal period as 
     provided in paragraph (1)(D)).
       ``(C) Further detention.--The Secretary of Homeland 
     Security, in the exercise of discretion, without any 
     limitations other than those specified in this section, may 
     continue to detain an alien beyond the removal period and the 
     90-day period authorized by subparagraph (B)--
       ``(i) until the alien is removed, if the Secretary 
     determines that there is a significant likelihood that the 
     alien--

       ``(I) will be removed in the reasonably foreseeable future; 
     or
       ``(II) would be removed in the reasonably foreseeable 
     future, or would have been removed, but for the failure or 
     refusal of the alien to make all reasonable efforts to comply 
     with the removal order, or to cooperate fully with the 
     efforts of the Secretary to establish the identity of the 
     alien and to carry out the removal order, including making 
     timely application in good faith for travel or other 
     documents necessary to the departure of the alien, or 
     conspiracies or acts to prevent the alien's removal;

       ``(ii) until the alien is removed, if the Secretary 
     certifies in writing--

       ``(I) in consultation with the Secretary of Health and 
     Human Services, that the alien has a highly contagious 
     disease that poses a threat to public safety;
       ``(II) after receipt of a written recommendation from the 
     Secretary of State, that release of the alien is likely to 
     have serious adverse foreign policy consequences for the 
     United States;
       ``(III) based on information available to the Secretary of 
     Homeland Security (including classified, sensitive, or 
     national security information, and without regard to the 
     grounds upon which the alien was ordered removed), that there 
     is reason to believe that the release of the alien would 
     threaten the national security of the United States; or
       ``(IV) that the release of the alien will threaten the 
     safety of the community or any person, conditions of release 
     cannot reasonably be expected to ensure the safety of the 
     community or any person, and--

       ``(aa) the alien has been convicted of one or more 
     aggravated felonies as defined in section 101(a)(43)(A), one 
     or more crimes identified by the Secretary of Homeland 
     Security by regulation, or one or more attempts or 
     conspiracies to commit any such aggravated felonies or such 
     identified crimes, provided that the aggregate term of 
     imprisonment for such attempts or conspiracies is at least 5 
     years; or
       ``(bb) the alien has committed one or more crimes of 
     violence (as defined in section 16 of title 18, United States 
     Code, but not including a purely political offense) and, 
     because of a mental condition or personality disorder and 
     behavior associated with that condition or disorder, the 
     alien is likely to engage in acts of violence in the future; 
     or

       ``(V) that the release of the alien will threaten the 
     safety of the community or any person, conditions of release 
     cannot reasonably be expected to ensure the safety of the 
     community or any person, and the alien has been convicted of 
     at least one aggravated felony as defined in section 
     101(a)(43); or

       ``(iii) pending a certification under clause (ii), if the 
     Secretary has initiated the administrative review process 
     under subparagraph (C) not later than 30 days after the 
     expiration of the alien's removal period (including any 
     extension of the removal period as provided in paragraph 
     (1)(D)).
       ``(D) Renewal and delegation of certification.--
       ``(i) Renewal.--The Secretary of Homeland Security may 
     renew a certification under subparagraph (C)(ii) every 180 
     days without limitation, after providing an opportunity for 
     the alien to request reconsideration of the certification and 
     to submit documents or other evidence in support of that 
     request. If the Secretary does not renew such a 
     certification, the Secretary may not continue to detain the 
     alien under subparagraph (C)(ii).
       ``(ii) Delegation.--Notwithstanding section 103, the 
     Secretary of Homeland Security may not delegate the authority 
     to make or renew a certification described in subclause (II), 
     (III), or (V) of subparagraph (C)(ii) to an official below 
     the level of the Assistant Secretary for Immigration and 
     Customs Enforcement.
       ``(iii) Hearing.--The Secretary of Homeland Security may 
     request that the Attorney General, or a designee of the 
     Attorney General, provide for a hearing to make the 
     determination described in item (bb) of subparagraph 
     (C)(ii)(IV).
       ``(E) Release on conditions.--If it is determined that an 
     alien should be released from detention under this paragraph, 
     the Secretary of Homeland Security, in the exercise of 
     discretion, may impose conditions on release as provided in 
     paragraph (3).
       ``(F) Redetention.--
       ``(i) In general.--The Secretary of Homeland Security, in 
     the exercise of discretion, without any limitations other 
     than those specified in this section, may again detain any 
     alien subject to a final removal order who is released from 
     custody if--

       ``(I) the alien fails to comply with the conditions of 
     release;
       ``(II) the alien fails to continue to satisfy the 
     conditions described in subparagraph (A); or
       ``(III) upon reconsideration, the Secretary determines that 
     the alien may be detained under subparagraph (B) or (C).

       ``(ii) Applicability of custody provisions.--The provisions 
     of paragraph (6) and this paragraph shall apply to any alien 
     returned to custody pursuant to this subparagraph, as if the 
     removal period terminated on the day of that the alien was so 
     returned to custody.
       ``(G) Certain aliens who effected entry.--The Secretary of 
     Homeland Security in the exercise of discretion may waive the 
     provisions of subparagraph (A) through (F) and detain an 
     alien without any limitations, except those which the 
     Secretary shall adopt by regulation, if--
       ``(i) the alien has effected an entry;
       ``(ii) the alien has not been lawfully admitted into the 
     United States; and
       ``(iii) the alien has not been physically present in the 
     United States continuously for the 2-year period immediately 
     prior to the commencement of removal proceedings under this 
     Act or deportation proceedings against the alien.
       ``(9) Judicial review.--Without regard to the place of 
     confinement, judicial review of any action or decision 
     pursuant to paragraph (6), (7), or (8) shall be available 
     exclusively in a habeas corpus proceeding instituted in the 
     United States District Court for the District of Columbia, 
     and only if the alien has exhausted all administrative 
     remedies (statutory and regulatory) available to the alien as 
     of right.''.
       (2) Detention of aliens during removal proceedings.--
       (A) In general.--Section 235 of the Immigration and 
     Nationality Act (8 U.S.C. 1225) is amended by adding at the 
     end the following new subsections:
       ``(e) Length of Detention.--
       ``(1) In general.--An alien may be detained under this 
     section, without limitation, until the alien is subject to an 
     administratively final order of removal.
       ``(2) Effect on detention under section 241.--The length of 
     detention under this section shall not affect the validity of 
     any detention under section 241.
       ``(3) Judicial review.--Without regard to the place of 
     confinement, judicial review of any action or decision made 
     pursuant to paragraph (1) or (2) of this subsection shall be 
     available exclusively in a habeas corpus proceeding 
     instituted in the United States District Court for the 
     District of Columbia and only if the alien has exhausted all 
     administrative remedies (statutory and nonstatutory) 
     available to the alien as of right.''.
       (B) Conforming amendments.--Section 236 of the Immigration 
     and Nationality Act (8 U.S.C. 1226) is amended--
       (i) in subsection (e)--

       (I) by striking ``The'' and inserting the following:

       ``(1) In general.--The''; and

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

       ``(2) Limitation on review.--Without regard to the place of 
     confinement, judicial review of any action or decision made 
     pursuant to subsection (f) shall be available exclusively in 
     a habeas corpus proceeding instituted in the United States 
     District Court for the District of Columbia, and only if the 
     alien has exhausted all administrative remedies (statutory 
     and nonstatutory) available to the alien as of right.''; and
       (ii) by adding at the end the following new subsection:
       ``(f) Length of Detention.--
       ``(1) In general.--With regard to the length of detention, 
     an alien may be detained under this section, without 
     limitation, until the alien is subject to an administratively 
     final order of removal.
       ``(2) Effect on detention under section 241.--The length of 
     detention under this section shall not affect the validity of 
     any detention under section 241.''.
       (3) Effective dates.--
       (A) Amendments made by paragraph (1).--The amendments made 
     by paragraph (1) shall take effect on the date of the 
     enactment of this Act, and section 241 of the Immigration and 
     Nationality Act, as amended, shall apply to--
       (i) all aliens subject to a final administrative removal, 
     deportation, or exclusion order

[[Page S4525]]

     that was issued before, on, or after the date of the 
     enactment of this Act; and
       (ii) acts and conditions occurring or existing before, on, 
     or after the date of the enactment of this Act.
       (B) Amendments made by paragraph (2).--The amendments made 
     by paragraph (2) shall take effect on the date of the 
     enactment of this Act, and sections 235 and 236 of the 
     Immigration and Nationality Act, as amended, shall apply to 
     any alien in detention under provisions of such sections on 
     or after the date of the enactment of this Act.
       (b) Criminal Detention of Aliens to Protect Public 
     Safety.--
       (1) In general.--Section 3142(e) of title 18, United States 
     Code, is amended--
       (A) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively;
       (B) by striking ``If, after a hearing'' and inserting the 
     following:
       ``(1) In general.--If, after a hearing'';
       (C) by striking ``In a case'' and inserting the following:
       ``(2) Presumption arising from offenses described in 
     subsection (f)(1).--In a case'';
       (D) by striking ``Subject to rebuttal'' and inserting the 
     following:
       ``(3) Presumption arising from other offenses involving 
     illegal substances, firearms, violence, or minors.--Subject 
     to rebuttal'';
       (E) in subparagraphs (B) and (C) of paragraph (1), as 
     resdesignated, by striking ``paragraph (1)'' and inserting 
     ``subparagraph (A)''; and
       (F) by adding at the end the following new paragraph:
       ``(4) Presumption arising from offenses relating to 
     immigration law.--Subject to rebuttal by the person, it shall 
     be presumed that no condition or combination of conditions 
     will reasonably assure the appearance of the person as 
     required if the judicial officer finds that there is probable 
     cause to believe that the person is an alien and that the 
     person--
       ``(A) has no lawful immigration status in the United 
     States;
       ``(B) is the subject of a final order of removal; or
       ``(C) has committed a felony offense under section 
     842(i)(5), 911, 922(g)(5), 1015, 1028, 1028A, 1425, or 1426 
     of this title, or any section of chapters 75 and 77 of this 
     title, or section 243, 274, 275, 276, 277, or 278 of the 
     Immigration and Nationality Act (8 U.S.C. 1253, 1324, 1325, 
     1326, 1327, and 1328).''.
       (2) Immigration status as factor in determining conditions 
     of release.--Section 3142(g)(3) of title 18, United States 
     Code, is amended--
       (A) in subparagraph (A), by striking ``; and'' and 
     inserting a semicolon; and
       (B) by adding at the end the following new subparagraph:
       ``(C) the person's immigration status; and''.
       (c) Severability.--If any provision of this section or any 
     amendment made by this section, or the application of any 
     such provision or amendment to any person or circumstance, is 
     held to be invalid for any reason, the remainder of the 
     provisions of this section and the amendments made by this 
     section, and the application of such provisions and 
     amendments to any other person or circumstance shall not be 
     affected by such holding.
                                 ______
                                 
  SA 850. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 372, to authorize appropriations for fiscal year 
2007 for the intelligence and intelligence-related activities of the 
United States Government, the Intelligence Community Managment Account, 
and the Central Intelligence Agency Retirement and Disability System, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

       TITLE VI--DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED

     SEC. 601. DETENTION OF DEPORTABLE ALIENS TO PROTECT PUBLIC 
                   SAFETY.

       (a) In General.--Section 241(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(a)) is amended--
       (1) by striking ``Attorney General'' each place it appears, 
     except for the first reference in paragraph (4)(B)(i), and 
     inserting ``Secretary of Homeland Security'';
       (2) in paragraph (1)--
       (A) by amending clause (ii) of subparagraph (B) to read as 
     follows:
       ``(ii) If a court, the Board of Immigration Appeals, or an 
     immigration judge orders a stay of the removal of the alien, 
     the date the stay of removal is no longer in effect.'';
       (B) by adding at the end of subparagraph (B), the following 
     flush text:

     ``If, at the beginning of the removal period, as determined 
     under this subparagraph, the alien is not in the custody of 
     the Secretary of Homeland Security (under the authority of 
     this Act), the Secretary shall take the alien into custody 
     for removal, and the removal period shall not begin until the 
     alien is taken into such custody. If the Secretary transfers 
     custody of the alien during the removal period pursuant to 
     law to another Federal agency or a State or local government 
     agency in connection with the official duties of such agency, 
     the removal period shall be tolled, and shall begin anew on 
     the date of the alien's return to the custody of the 
     Secretary subject to clause (ii).''; and
       (C) by amending subparagraph (C) to read as follows:
       ``(C) Suspension of period.--The removal period shall be 
     extended beyond a period of 90 days and the alien may remain 
     in detention during such extended period if the alien--
       ``(i) fails or refuses to make all reasonable efforts to 
     comply with the removal order, or to fully cooperate with the 
     efforts of the Secretary to establish the identity of the 
     alien and carry out the removal order, including making 
     timely application in good faith for travel or other 
     documents necessary to the departure of the alien; or
       ``(ii) conspires or acts to prevent the alien's removal.'';
       (3) in paragraph (2)--
       (A) by striking ``During'' and inserting the following:
       ``(A) In general.--During''; and
       (B) by adding at the end the following new subparagraph:
       ``(B) Effect of stay of removal.--If a court, the Board of 
     Immigration Appeals, or an immigration judge orders a stay of 
     removal of an alien who is subject to an administratively 
     final order of removal, the Secretary of Homeland Security in 
     the exercise of discretion may detain the alien during the 
     pendency of such stay of removal.'';
       (4) in paragraph (3), by amending subparagraph (D) to read 
     as follows:
       ``(D) to obey reasonable restrictions on the alien's 
     conduct or activities or to perform affirmative acts that the 
     Secretary of Homeland Security prescribes for the alien, in 
     order to prevent the alien from absconding, for the 
     protection of the community, or for other purposes related to 
     the enforcement of the immigration laws.'';
       (5) in paragraph (6), by striking ``removal period and, if 
     released,'' and inserting ``removal period, in the discretion 
     of the Secretary of Homeland Security, without any 
     limitations other than those specified in this section, until 
     the alien is removed. If the alien is released, the alien''; 
     and
       (6) by redesignating paragraph (7) as paragraph (10) and 
     inserting after paragraph (6) the following new paragraphs:
       ``(7) Parole.--If an alien detained pursuant to paragraph 
     (6) is an applicant for admission, the Secretary of Homeland 
     Security, in the Secretary's discretion, may parole the alien 
     under section 212(d)(5) and may provide, notwithstanding 
     section 212(d)(5), that the alien shall not be returned to 
     custody unless either the alien violates the conditions of 
     the parole or the removal of the alien becomes reasonably 
     foreseeable. In no circumstance shall such alien be 
     considered admitted.
       ``(8) Additional rules for detention or release of certain 
     aliens who have made an entry.--The following procedures 
     apply to an alien who has effected an entry into the United 
     States and do not apply to any other alien detained pursuant 
     to paragraph (6):
       ``(A) Establishment of a detention review process for 
     aliens who fully cooperate with removal.--For an alien who 
     has made all reasonable efforts to comply with a removal 
     order and to cooperate fully with the Secretary of Homeland 
     Security's efforts to establish the alien's identity and 
     carry out the removal order, including making timely 
     application in good faith for travel or other documents 
     necessary to the alien's departure, and has not conspired or 
     acted to prevent removal, the Secretary of Homeland Security 
     shall establish an administrative review process to determine 
     whether an alien will be detained or released on conditions. 
     The Secretary shall make a determination whether to release 
     an alien after the removal period in accordance with 
     paragraph (1)(B). The determination shall include 
     consideration of any evidence submitted by the alien, and may 
     include consideration of any other evidence, including any 
     information or assistance provided by the Department of State 
     or other Federal agency and any other information available 
     to the Secretary pertaining to the ability to remove the 
     alien.
       ``(B) Additional 90-day period.--The Secretary of Homeland 
     Security, in the exercise of discretion, without any 
     limitations other than those specified in this section, may 
     continue to detain an alien for 90 days beyond the removal 
     period (including any extension of the removal period as 
     provided in paragraph (1)(D)).
       ``(C) Further detention.--The Secretary of Homeland 
     Security, in the exercise of discretion, without any 
     limitations other than those specified in this section, may 
     continue to detain an alien beyond the removal period and the 
     90-day period authorized by subparagraph (B)--
       ``(i) until the alien is removed, if the Secretary 
     determines that there is a significant likelihood that the 
     alien--

       ``(I) will be removed in the reasonably foreseeable future; 
     or
       ``(II) would be removed in the reasonably foreseeable 
     future, or would have been removed, but for the failure or 
     refusal of the alien to make all reasonable efforts to comply 
     with the removal order, or to cooperate fully with the 
     efforts of the Secretary to establish the identity of the 
     alien and to carry out the removal order, including making 
     timely application in good faith for travel or other 
     documents necessary to the departure of the alien, or 
     conspiracies or acts to prevent the alien's removal;

       ``(ii) until the alien is removed, if the Secretary 
     certifies in writing--

[[Page S4526]]

       ``(I) in consultation with the Secretary of Health and 
     Human Services, that the alien has a highly contagious 
     disease that poses a threat to public safety;
       ``(II) after receipt of a written recommendation from the 
     Secretary of State, that release of the alien is likely to 
     have serious adverse foreign policy consequences for the 
     United States;
       ``(III) based on information available to the Secretary of 
     Homeland Security (including classified, sensitive, or 
     national security information, and without regard to the 
     grounds upon which the alien was ordered removed), that there 
     is reason to believe that the release of the alien would 
     threaten the national security of the United States; or
       ``(IV) that the release of the alien will threaten the 
     safety of the community or any person, conditions of release 
     cannot reasonably be expected to ensure the safety of the 
     community or any person, and--

       ``(aa) the alien has been convicted of one or more 
     aggravated felonies as defined in section 101(a)(43)(A), one 
     or more crimes identified by the Secretary of Homeland 
     Security by regulation, or one or more attempts or 
     conspiracies to commit any such aggravated felonies or such 
     identified crimes, provided that the aggregate term of 
     imprisonment for such attempts or conspiracies is at least 5 
     years; or
       ``(bb) the alien has committed one or more crimes of 
     violence (as defined in section 16 of title 18, United States 
     Code, but not including a purely political offense) and, 
     because of a mental condition or personality disorder and 
     behavior associated with that condition or disorder, the 
     alien is likely to engage in acts of violence in the future; 
     or

       ``(V) that the release of the alien will threaten the 
     safety of the community or any person, conditions of release 
     cannot reasonably be expected to ensure the safety of the 
     community or any person, and the alien has been convicted of 
     at least one aggravated felony as defined in section 
     101(a)(43); or

       ``(iii) pending a certification under clause (ii), if the 
     Secretary has initiated the administrative review process 
     under subparagraph (C) not later than 30 days after the 
     expiration of the alien's removal period (including any 
     extension of the removal period as provided in paragraph 
     (1)(D)).
       ``(D) Renewal and delegation of certification.--
       ``(i) Renewal.--The Secretary of Homeland Security may 
     renew a certification under subparagraph (C)(ii) every 180 
     days without limitation, after providing an opportunity for 
     the alien to request reconsideration of the certification and 
     to submit documents or other evidence in support of that 
     request. If the Secretary does not renew such a 
     certification, the Secretary may not continue to detain the 
     alien under subparagraph (C)(ii).
       ``(ii) Delegation.--Notwithstanding section 103, the 
     Secretary of Homeland Security may not delegate the authority 
     to make or renew a certification described in subclause (II), 
     (III), or (V) of subparagraph (C)(ii) to an official below 
     the level of the Assistant Secretary for Immigration and 
     Customs Enforcement.
       ``(iii) Hearing.--The Secretary of Homeland Security may 
     request that the Attorney General, or a designee of the 
     Attorney General, provide for a hearing to make the 
     determination described in item (bb) of subparagraph 
     (C)(ii)(IV).
       ``(E) Release on conditions.--If it is determined that an 
     alien should be released from detention under this paragraph, 
     the Secretary of Homeland Security, in the exercise of 
     discretion, may impose conditions on release as provided in 
     paragraph (3).
       ``(F) Redetention.--
       ``(i) In general.--The Secretary of Homeland Security, in 
     the exercise of discretion, without any limitations other 
     than those specified in this section, may again detain any 
     alien subject to a final removal order who is released from 
     custody if--

       ``(I) the alien fails to comply with the conditions of 
     release;
       ``(II) the alien fails to continue to satisfy the 
     conditions described in subparagraph (A); or
       ``(III) upon reconsideration, the Secretary determines that 
     the alien may be detained under subparagraph (B) or (C).

       ``(ii) Applicability of custody provisions.--The provisions 
     of paragraph (6) and this paragraph shall apply to any alien 
     returned to custody pursuant to this subparagraph, as if the 
     removal period terminated on the day of that the alien was so 
     returned to custody.
       ``(G) Certain aliens who effected entry.--The Secretary of 
     Homeland Security in the exercise of discretion may waive the 
     provisions of subparagraph (A) through (F) and detain an 
     alien without any limitations, except those which the 
     Secretary shall adopt by regulation, if--
       ``(i) the alien has effected an entry;
       ``(ii) the alien has not been lawfully admitted into the 
     United States; and
       ``(iii) the alien has not been physically present in the 
     United States continuously for the 2-year period immediately 
     prior to the commencement of removal proceedings under this 
     Act or deportation proceedings against the alien.
       ``(9) Judicial review.--Without regard to the place of 
     confinement, judicial review of any action or decision 
     pursuant to paragraph (6), (7), or (8) shall be available 
     exclusively in a habeas corpus proceeding instituted in the 
     United States District Court for the District of Columbia, 
     and only if the alien has exhausted all administrative 
     remedies (statutory and regulatory) available to the alien as 
     of right.''.
       (b) Detention of Aliens During Removal Proceedings.--
       (1) In general.--Section 235 of the Immigration and 
     Nationality Act (8 U.S.C. 1225) is amended by adding at the 
     end the following new subsections:
       ``(e) Length of Detention.--
       ``(1) In general.--An alien may be detained under this 
     section, without limitation, until the alien is subject to an 
     administratively final order of removal.
       ``(2) Effect on detention under section 241.--The length of 
     detention under this section shall not affect the validity of 
     any detention under section 241.
       ``(3) Judicial review.--Without regard to the place of 
     confinement, judicial review of any action or decision made 
     pursuant to paragraph (1) or (2) of this subsection shall be 
     available exclusively in a habeas corpus proceeding 
     instituted in the United States District Court for the 
     District of Columbia and only if the alien has exhausted all 
     administrative remedies (statutory and nonstatutory) 
     available to the alien as of right.''.
       (2) Conforming amendments.--Section 236 of the Immigration 
     and Nationality Act (8 U.S.C. 1226) is amended--
       (A) in subsection (e)--
       (i) by striking ``The'' and inserting the following:
       ``(1) In general.--The''; and
       (ii) by adding at the end the following new paragraph:
       ``(2) Limitation on review.--Without regard to the place of 
     confinement, judicial review of any action or decision made 
     pursuant to subsection (f) shall be available exclusively in 
     a habeas corpus proceeding instituted in the United States 
     District Court for the District of Columbia, and only if the 
     alien has exhausted all administrative remedies (statutory 
     and nonstatutory) available to the alien as of right.''; and
       (B) by adding at the end the following new subsection:
       ``(f) Length of Detention.--
       ``(1) In general.--With regard to the length of detention, 
     an alien may be detained under this section, without 
     limitation, until the alien is subject to an administratively 
     final order of removal.
       ``(2) Effect on detention under section 241.--The length of 
     detention under this section shall not affect the validity of 
     any detention under section 241.''.
       (c) Effective Dates.--
       (1) Amendments made by subsection (a).--The amendments made 
     by subsection (a) shall take effect on the date of the 
     enactment of this Act, and section 241 of the Immigration and 
     Nationality Act, as amended, shall apply to--
       (A) all aliens subject to a final administrative removal, 
     deportation, or exclusion order that was issued before, on, 
     or after the date of the enactment of this Act; and
       (B) acts and conditions occurring or existing before, on, 
     or after the date of the enactment of this Act.
       (2) Amendments made by subsection (b).--The amendments made 
     by subsection (b) shall take effect on the date of the 
     enactment of this Act, and sections 235 and 236 of the 
     Immigration and Nationality Act, as amended, shall apply to 
     any alien in detention under provisions of such sections on 
     or after the date of the enactment of this Act.

     SEC. 602. CRIMINAL DETENTION OF ALIENS TO PROTECT PUBLIC 
                   SAFETY.

       (a) In General.--Section 3142(e) of title 18, United States 
     Code, is amended--
       (1) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively;
       (2) by striking ``If, after a hearing'' and inserting the 
     following:
       ``(1) In general.--If, after a hearing'';
       (3) by striking ``In a case'' and inserting the following:
       ``(2) Presumption arising from offenses described in 
     subsection (f)(1).--In a case'';
       (4) by striking ``Subject to rebuttal'' and inserting the 
     following:
       ``(3) Presumption arising from other offenses involving 
     illegal substances, firearms, violence, or minors.--Subject 
     to rebuttal'';
       (5) in subparagraphs (B) and (C) of paragraph (1), as 
     resdesignated, by striking ``paragraph (1)'' and inserting 
     ``subparagraph (A)''; and
       (6) by adding at the end the following new paragraph:
       ``(4) Presumption arising from offenses relating to 
     immigration law.--Subject to rebuttal by the person, it shall 
     be presumed that no condition or combination of conditions 
     will reasonably assure the appearance of the person as 
     required if the judicial officer finds that there is probable 
     cause to believe that the person is an alien and that the 
     person--
       ``(A) has no lawful immigration status in the United 
     States;
       ``(B) is the subject of a final order of removal; or
       ``(C) has committed a felony offense under section 
     842(i)(5), 911, 922(g)(5), 1015, 1028, 1028A, 1425, or 1426 
     of this title, or any section of chapters 75 and 77 of this 
     title, or section 243, 274, 275, 276, 277, or 278 of the 
     Immigration and Nationality Act (8 U.S.C. 1253, 1324, 1325, 
     1326, 1327, and 1328).''.
       (b) Immigration Status as Factor in Determining Conditions 
     of Release.--Section 3142(g)(3) of title 18, United States 
     Code, is amended--

[[Page S4527]]

       (1) in subparagraph (A), by striking ``; and'' and 
     inserting a semicolon; and
       (2) by adding at the end the following new subparagraph:
       ``(C) the person's immigration status; and''.

     SEC. 603. SEVERABILITY.

       If any provision of this title or any amendment made by 
     this title, or the application of any such provision or 
     amendment to any person or circumstance, is held to be 
     invalid for any reason, the remainder of the provisions of 
     this title and the amendments made by this title, and the 
     application of such provisions and amendments to any other 
     person or circumstance shall not be affected by such holding.
                                 ______
                                 
  SA 851. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 372, to authorize appropriations for fiscal year 
2007 for the intelligence and intelligence-related activities of the 
United States Government, the Intelligence Community Management 
Account, and the Central Intelligence Agency Retirement and Disability 
System, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end, add the following:

     SEC. __. JUDICIAL REVIEW OF VISA REVOCATION.

       (a) In General.--Section 221(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1201(i)) is amended by striking 
     ``There shall be no means of judicial review'' and all that 
     follows and inserting the following: ``Notwithstanding any 
     other provision of law, including section 2241 of title 28, 
     United States Code, or any other habeas corpus provision, and 
     sections 1361 and 1651 of such title, a revocation under this 
     subsection may not be reviewed by any court, and no court 
     shall have jurisdiction to hear any claim arising from, or 
     any challenge to, such a revocation.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of enactment of this Act and 
     shall apply to visas issued before, on, or after such date
                                 ______
                                 
  SA 852. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 372, to authorize appropriations for fiscal year 
2007 for the intelligence and intelligence-related activities of the 
United States Government, the Intelligence Community Management 
Account, and the Central Intelligence Agency Retirement and Disability 
System, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end, add the following:

     SEC. __. APPROPRIATE REMEDIES FOR IMMIGRATION LITIGATION.

       (a) Limitation on Class Actions.--No court may certify a 
     class under rule 23 of the Federal Rules of Civil Procedure 
     in any civil action that--
       (1) is filed after the date of the enactment of this Act; 
     and
       (2) pertains to the administration or enforcement of the 
     immigration laws of the United States.
       (b) Prospective Relief Against the Government.--
       (1) In general.--If a Federal court determines that a 
     plaintiff should be awarded prospective relief to remedy a 
     violation of the Government in a civil action pertaining to 
     the administration or enforcement of the immigration laws of 
     the United States, the court shall--
       (A) limit the relief to the minimum necessary to correct 
     the violation of law;
       (B) design the relief as the least intrusive means to 
     correct the violation;
       (C) design the relief in a manner to minimize, to the 
     greatest extent practicable, the adverse impact of such 
     relief on the national security, border security, ability to 
     administer and enforce the immigration laws, and public 
     safety of the United States; and
       (D) provide for the expiration of the relief on a specific 
     date, which may not be later than the earliest date 
     practicable for the Government to remedy the violation.
       (2) Written explanation.--A court granting prospective 
     relief for a violation described in paragraph (1) shall issue 
     a written order granting the relief and include in the order 
     a discussion of the manner in which the relief is designed to 
     meet the requirements of subparagraphs (A) through (D) of 
     paragraph (1) and shall be sufficiently detailed to allow 
     review by another court.
       (3) Expiration of preliminary injunctive relief.--
     Preliminary injunctive relief ordered by a court in a case 
     related to the immigration laws of the United States shall 
     automatically expire on the date that is 90 days after the 
     date on which such relief is entered, unless the court finds 
     that such relief meets the requirements described in 
     subparagraphs (A) through (D) of paragraph (1) for the entry 
     of permanent prospective relief and orders the preliminary 
     relief to become a final order granting prospective relief 
     prior to the expiration of the 90-day period.
       (c) Procedure for Motion Affecting Order Granting 
     Prospective Relief Against the Government.--
       (1) In general.--A court shall promptly rule on a motion 
     made by the Government to vacate, modify, dissolve, or 
     otherwise terminate an order granting prospective relief in 
     any civil action pertaining to the administration or 
     enforcement of the immigration laws of the United States.
       (2) Automatic stays.--
       (A) In general.--A motion to vacate, modify, dissolve, or 
     otherwise terminate an order granting prospective relief made 
     by the Government in any civil action pertaining to the 
     administration or enforcement of the immigration laws of the 
     United States shall automatically, and without further order 
     of the court, stay the order granting prospective relief on 
     the date that is 15 days after the date on which such motion 
     is filed unless the court previously has granted or denied 
     the Government's motion.
       (B) Duration of automatic stay.--An automatic stay under 
     subparagraph (A) shall continue until the date on which the 
     court enters an order granting or denying the Government's 
     motion.
       (C) Postponement.--The court may, for good cause, postpone 
     an automatic stay under subparagraph (A) for not longer than 
     15 days.
       (D) Pending motions.--
       (i) Motions pending for 45 days or less.--A motion to 
     vacate, modify, dissolve, or otherwise terminate an order 
     granting prospective relief in any civil action pertaining to 
     the administration or enforcement of the immigration laws of 
     the United States that has been pending for not more than 45 
     days on the date of the enactment of this Act shall be 
     treated as if the motion had been filed on the date of the 
     enactment of this Act for purposes of this subsection.
       (ii) Motions pending for more than 45 days.--

       (I) In general.--A motion to vacate, modify, dissolve, or 
     otherwise terminate an order granting prospective relief in 
     any civil action pertaining to the administration or 
     enforcement of the immigration laws of the United States that 
     has been pending for more than 45 days on the date of the 
     enactment of this Act, and remains pending 10 days after the 
     date of the enactment of this Act, shall result in an 
     automatic stay, without further order of the court, of the 
     prospective relief that is the subject of the motion.
       (II) Duration of automatic stay.--An automatic stay under 
     subclause (I) shall continue until the court enters an order 
     granting or denying the Government's motion.
       (III) Postponement.--An automatic stay under this clause 
     may not be postponed under subparagraph (C).

       (E) Automatic stays during remands from higher courts.--If 
     a United States court of appeals orders a decision on a 
     motion to vacate, modify, dissolve, or otherwise terminate an 
     order granting prospective relief in any civil action 
     pertaining to the administration or enforcement of the 
     immigration laws of the United States to be remanded to a 
     district court, the order granting prospective relief which 
     is the subject of the motion shall be automatically stayed 
     until the district court enters an order granting or denying 
     the motion.
       (F) Orders blocking automatic stays.--An order staying, 
     suspending, delaying, or otherwise barring the effective date 
     of an automatic stay, other than an order to postpone the 
     effective date of the automatic stay for not longer than 15 
     days under subparagraph (C), shall be treated as an order 
     refusing to vacate, modify, dissolve, or otherwise terminate 
     an injunction and immediately shall be appealable pursuant to 
     section 1292(a)(1) of title 28, United States Code.
       (3) Requirements for order denying motion.--Subsection (b) 
     shall apply to any order denying a motion made by the 
     Government to vacate, modify, dissolve, or otherwise 
     terminate an order granting prospective relief in any civil 
     action pertaining to the administration or enforcement of the 
     immigration laws of the United States.
       (d) Additional Rules Concerning Prospective Relief 
     Affecting Expedited Removal.--
       (1) Jurisdiction over orders interfering with the 
     inspection of aliens arriving in the united states.--
     Notwithstanding any other provision of law (statutory or 
     nonstatutory), including section 2241 of title 28, United 
     States Code, or any other habeas corpus provision and 
     sections 1361 and 1651 of such title, no court shall have 
     jurisdiction to grant or continue an order or part of an 
     order granting prospective relief if the order or part of the 
     order interferes with, affects, or impacts any determination 
     pursuant to, or implementation of, section 235(b)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1225(b)(1)), except 
     as expressly provided in section 242(e) of such Act (8 U.S.C. 
     1252(e)).
       (2) Determination of jurisdiction.--If the Government files 
     a motion to vacate, modify, dissolve, or otherwise terminate 
     an order granting prospective relief in a civil action 
     pertaining to the administration or enforcement of the 
     immigration laws of the United States, the court shall 
     promptly determine whether the court continues to have 
     jurisdiction and shall promptly vacate any order or part of 
     an order granting prospective relief that is not within the 
     jurisdiction of the court.
       (3) Applicability.--Paragraphs (1) and (2) shall not apply 
     to an order granting prospective relief that was entered 
     before the date of the enactment of this Act if the 
     prospective relief granted by such order was necessary to 
     remedy the violation of a right guaranteed by the 
     Constitution of the United States.
       (e) Settlements.--
       (1) Consent decrees.--In any civil action pertaining to the 
     administration or enforcement of the immigration laws of the 
     United

[[Page S4528]]

     States, the court shall not enter, approve, or continue a 
     consent decree unless it complies with the requirements of 
     subsection (b).
       (2) Private settlement agreements.--Nothing in this section 
     shall preclude parties from entering into a private 
     settlement agreement that does not comply with the 
     requirements of subsection (b).
       (f) Definitions.--In this section:
       (1) Consent decree.--The term ``consent decree'' means any 
     relief entered by the court that is based in whole or in part 
     on the consent or acquiescence of the parties, but does not 
     include private settlement agreements.
       (2) Good cause.--The term ``good cause'' does not include 
     discovery or congestion of the court's calendar.
       (3) Government.--The term ``Government'' means the United 
     States, any Federal department or agency, or any Federal 
     agent or official acting within the scope of official duties.
       (4) Permanent relief.--The term ``permanent relief'' means 
     relief issued in connection with a final decision of a court.
       (5) Private settlement agreement.--The term ``private 
     settlement agreement'' means an agreement entered into by the 
     parties that is not subject to judicial enforcement other 
     than the reinstatement of the civil action of the claim 
     resolved by such agreement.
       (6) Prospective relief.--The term ``prospective relief'' 
     means temporary, preliminary, or permanent relief other than 
     compensatory monetary damages.
       (g) Expedited Proceedings.--It shall be the duty of every 
     court to advance on the docket and to expedite the 
     disposition of any civil action or motion subject to the 
     provisions of this section.
       (h) Effective Date.--This section shall apply with respect 
     to all orders granting prospective relief in any civil action 
     pertaining to the administration or enforcement of the 
     immigration laws of the United States, whether such relief 
     was ordered before, on, or after the date of the enactment of 
     this Act.
       (i) Severability.--If any provision of this section or the 
     application of such provision to any person or circumstance 
     is found to be unconstitutional, the remainder of this 
     section and the application of the provisions of this section 
     to any person or circumstance shall not be affected by such 
     finding.

                                 ______
                                 
  SA 853. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 372, to authorize appropriations for fiscal year 
2007 for the intelligence and intelligence-related activities of the 
United States Government, the Intelligence Community Management 
Account, and the Central Intelligence Agency Retirement and Disability 
System, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title V, add the following:

     SEC. __. SENSE OF THE SENATE REGARDING LEADERS OF CONGRESS 
                   ENGAGING IN DIPLOMACY WITH STATE SPONSORS OF 
                   TERRORISM.

       (a) Findings.--Congress makes the following findings:
       (1) The Secretary of State has designated certain countries 
     that have repeatedly provided support for international acts 
     of terrorism as state sponsors of terrorism.
       (2) State sponsors of terrorism provide critical support to 
     non-state terrorist groups.
       (3) Without state sponsors, terrorist groups would have 
     much more difficulty obtaining the funds, weapons, materials, 
     and secure areas they require to plan and conduct operations.
       (4) United States policy seeks to pressure and isolate 
     state sponsors of terrorism so they will renounce the use of 
     terrorism, end support to terrorists, and bring terrorists to 
     justice for past crimes.
       (5) Syria remains a designated state sponsor of terrorism, 
     having first been designated as such on December 29, 1979.
       (6) Iran remains a designated state sponsor of terrorism, 
     having first been designated as such on January 19, 1984.
       (7) The Secretary of State determined in 2006 that Syria 
     and Iran continue to ``routinely provide unique safe haven, 
     substantial resources and guidance to terrorist 
     organizations''.
       (8) Senators themselves have historically recognized the 
     constitutional principle that the foreign affairs power 
     resides exclusively in the Executive Branch. For example, 
     Senator J. William Fulbright, former Chairman of the 
     Committee on Foreign Relations of the Senate explained in a 
     speech at Cornell Law School in 1959, ``[t]he pre-eminent 
     responsibility of the President for the formulation and 
     conduct of American foreign policy is clear and unalterable. 
     . . . He possesses sole authority to communicate and 
     negotiate with foreign powers.'' (published as J. William 
     Fulbright, ``American Foreign Policy in the 20th-Century 
     Under an 18th-Century Constitution'', 47 Cornell Law 
     Quarterly 1, 3 (1961)).
       (9) The Supreme Court similarly recognized the ``very 
     delicate, plenary and exclusive power of the President as the 
     sole organ of the Federal Government in the field of 
     international relations'' in the United States versus 
     Curtiss-Wright Export Corporation (299 U.S. 304, 319 (1936)).
       (b) Sense of the Senate.--It is the sense of the Senate 
     that leaders of Congress should not engage in diplomacy with 
     state sponsors of terrorism over the expressed objections of 
     officials of the Executive Branch, as the Executive Branch 
     has the exclusively responsibility for foreign affairs 
     matters under the Constitution.
                                 ______
                                 
  SA 854. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill S. 372, to authorize appropriations for fiscal year 
2007 for the intelligence and intelligence-related activities of the 
United States Government, the Intelligence Community Management 
Account, and the Central Intelligence Agency Retirement and Disability 
System, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end, add the following:

     SEC. __. PENALTIES FOR VIOLATIONS OF THE INTERNATIONAL 
                   EMERGENCY ECONOMIC POWERS ACT.

       Section 206 of the International Emergency Economic Powers 
     Act (50 U.S.C. 1705) is amended to read as follows:


                              ``PENALTIES

       ``Sec. 206.  (a) It shall be unlawful for--
       ``(1) a person to violate, or conspire to or attempt to 
     violate, any license, order, regulation, or prohibition 
     issued under this title;
       ``(2) a person subject to the jurisdiction of the United 
     States to take any action to evade or avoid, or attempt to 
     evade or avoid, a license, order, regulation, or prohibition 
     issued under this title; or
       ``(3) a person subject to the jurisdiction of the United 
     States to approve, facilitate, or provide financing for any 
     action, regardless of who initiates or completes the action, 
     if it would be unlawful for such person to initiate or 
     complete the action.
       ``(b) A civil penalty not to exceed $250,000 may be imposed 
     on any person who commits an unlawful act described in 
     subsection (a).
       ``(c) A person who willfully commits, or willfully attempts 
     to commit, an unlawful act described in subsection (a), 
     shall, upon conviction for such unlawful act--
       ``(1) if a corporation, be fined not more than $500,000;
       ``(2) if a natural person, be fined not more than $500,000, 
     or imprisoned not more than 10 years, or both; or
       ``(3) if an officer, director, or agent of a corporation 
     who knowingly participates, or attempts to participate, in 
     such unlawful act, be fined not more than $500,000, or 
     imprisoned not more than 10 years, or both.''.
                                 ______
                                 
  SA 855. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill S. 372, to authorize appropriations for fiscal year 
2007 for the intelligence and intelligence-related activities of the 
United States Government, the Intelligence Community Management 
Account, and the Central Intelligence Agency Retirement and Disability 
System, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. _. PROHIBITION OF WAR CRIMES PROSECUTION.

       (a) Short Title.--This section may be cited as the 
     ``Prohibition of Foreign War Crimes Prosecutions of Americans 
     Act of 2007''.
       (b) In General.--Chapter 118 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2442. International criminal court

       ``(a) Offense.--Except as provided under subsection (b), it 
     shall be unlawful for any person, acting under the authority 
     of the International Criminal Court, another international 
     organization, or a foreign government, to knowingly indict, 
     apprehend, detain, prosecute, convict, or participate in the 
     imposition or carrying out of any sentence or other penalty 
     on, any American in connection with any proceeding by or 
     before the International Criminal Court, another 
     international organization, or a foreign government in which 
     that American is accused of a war crime.
       ``(b) Exception.--Subsection (a) shall not apply in 
     connection with a criminal proceeding instituted by the 
     government of a foreign country within the courts of such 
     country with respect to a war crime allegedly committed--
       ``(1) on territory subject to the sovereign jurisdiction of 
     such government; or
       ``(2) against persons who were nationals of such country at 
     the time that the war crime is alleged to have been 
     committed.
       ``(c) Criminal Penalty.--
       ``(1) In general.--Any person who violates subsection (a) 
     shall be fined not more than $5,000,000, imprisoned under 
     paragraph (2), or both.
       ``(2) Prison sentence.--The maximum term of imprisonment 
     for an offense under this section is the greater of--
       ``(A) 5 years; or
       ``(B) the maximum term that could be imposed on the 
     American in the criminal proceeding described in subsection 
     (a) with respect to which the violation took place.
       ``(d) Extraterritorial Jurisdiction.--There is 
     extraterritorial jurisdiction over an offense under this 
     section.
       ``(e) Civil Remedy.--Any person who is aggrieved by a 
     violation described in subsection (a) may, in a civil action, 
     obtain appropriate relief, including--

[[Page S4529]]

       ``(1) punitive damages; and
       ``(2) a reasonable attorney's fee as part of the costs.
       ``(f) Definitions.--In this section--
       ``(1) the term `American' means any citizen or national of 
     the United States, or any other person employed by or working 
     under the direction of the United States Government;
       ``(2) the term `indict' includes--
       ``(A) the formal submission of an order or request for the 
     prosecution or arrest of a person; and
       ``(B) the issuance of a warrant or other order for the 
     arrest of a person,

     by an official of the International Criminal Court, another 
     international organization, or a foreign government;
       ``(3) the term `International Criminal Court' means the 
     court established by the Rome Statute of the International 
     Criminal Court adopted by the United Nations Diplomatic 
     Conference of Plenipotentiaries on the Establishment of and 
     International Criminal Court on July 17, 1998; and
       ``(4) the term `war crime' means any offense that is within 
     the jurisdiction of the International Criminal Court at the 
     time the offense is committed.''.
       (c) Clerical Amendment.--The table of sections in chapter 
     118 of title 18, United States Code, is amended by adding at 
     the end the following:

``2442. International criminal court.''.
                                 ______
                                 
  SA 856. Mr. BOND submitted an amendment intended to be proposed by 
him to the bill S. 372, to authorize appropriations for fiscal year 
2007 for the intelligence and intelligence-related activities of the 
United States Government, the Intelligence Community Management 
Account, and the Central Intelligence Agency Retirement and Disability 
System, and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 11, strike line 18 and all that follows 
     through page 12, line 20.
                                 ______
                                 
  SA 857. Mr. BOND submitted an amendment intended to be proposed by 
him to the bill S. 372, to authorize appropriations for fiscal year 
2007 for the intelligence and intelligence-related activities of the 
United States Government, the Intelligence Community Management 
Account, and the Central Intelligence Agency Retirement and Disability 
System, and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike section 108 and insert the following:

     SEC. 108. RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS FROM 
                   CONGRESS FOR INTELLIGENCE DOCUMENTS AND 
                   INFORMATION.

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


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

       ``Sec. 508.  (a) Requests of Committees.--(1) The Director 
     of National Intelligence, the Director of the National 
     Counterterrorism Center, the Director of a national 
     intelligence center, or the head of any other department, 
     agency, or element of the Federal Government, or other 
     organization within the Executive branch, that is an element 
     of the intelligence community shall, not later than 30 days 
     after receiving a request pursuant to this section for any 
     intelligence assessment, report, estimate, legal 
     justification, or other intelligence information from the 
     Select Committee on Intelligence of the Senate or the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives, make available to such committee such 
     assessment, report, estimate, legal justification, or other 
     information, as the case may be.
       ``(2) A committee making a request under paragraph (1) may 
     specify a greater number of days for submittal to such 
     committee of information in response to such request than is 
     otherwise provided under that paragraph.
       ``(b) Requests of Certain Members.--(1) The Director of 
     National Intelligence, the Director of the National 
     Counterterrorism Center, the Director of a national 
     intelligence center, or the head of any other department, 
     agency, or element of the Federal Government, or other 
     organization within the Executive branch, that is an element 
     of the intelligence community shall respond, in the time 
     specified in subsection (a), to a request described in that 
     subsection from the Chairman or Vice Chairman of the Select 
     Committee on Intelligence of the Senate or the Chairman or 
     Ranking Member of the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       ``(2) Upon making a request covered by paragraph (1)--
       ``(A) the Chairman or Vice Chairman, as the case may be, of 
     the Select Committee on Intelligence of the Senate shall 
     notify the other of the Chairman or Vice Chairman of such 
     request; and
       ``(B) the Chairman or Ranking Member, as the case may be, 
     of the Permanent Select Committee on Intelligence of the 
     House of Representatives shall notify the other of the 
     Chairman or Ranking Member of such request.
       ``(c) Response to Request.--In the event that a response to 
     a request covered by subsection (a) or (b) is not provided 
     within the specified time period, 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 
     submit a written explanation as to why the document or 
     information covered by such request could not be provided in 
     the specified time period and shall provide a reasonable date 
     certain for when such document or information will be 
     provided.''.
       (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.''.
                                 ______
                                 
  SA 858. Mr. BOND submitted an amendment intended to be proposed by 
him to the bill S. 372, to authorize appropriations for fiscal year 
2007 for the intelligence and intelligence-related activities of the 
United States Government, the Intelligence Community Management 
Account, and the Central Intelligence Agency Retirement and Disability 
System, and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike section 304 and insert the following:

     SEC. 304. IMPROVEMENT OF NOTIFICATION OF CONGRESS REGARDING 
                   INTELLIGENCE ACTIVITIES OF THE UNITED STATES 
                   GOVERNMENT.

       (a) Clarification of Definition of Congressional 
     Intelligence Committees to Include All Members of 
     Committees.--Section 3(7) of the National Security Act of 
     1947 (50 U.S.C. 401a(7)) is amended--
       (1) in subparagraph (A), by inserting ``, and includes each 
     member of the Select Committee'' before the semicolon; and
       (2) in subparagraph (B), by inserting ``, and includes each 
     member of the Permanent Select Committee'' before the period.
       (b) Notice on Information Not Disclosed.--
       (1) In general.--Section 502 of such Act (50 U.S.C. 413a) 
     is amended--
       (A) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (B) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Notice on Information Not Disclosed.--(1) If the 
     Director of National Intelligence or the head of a 
     department, agency, or other entity of the United States 
     Government does not provide information required by 
     subsection (a) in full or to all the members of the 
     congressional intelligence committees, and requests that such 
     information not be so provided, the Director shall, in a 
     timely fashion, notify such committees of the determination 
     not to provide such information in full or to all members of 
     such committees. Such notice shall be submitted in writing in 
     a classified form, include a statement of the reasons for 
     such determination and a description that provides the main 
     features of the intelligence activities covered by such 
     determination, and contain no restriction on access to this 
     notice by all members of the committee.
       ``(2) Nothing in this subsection shall be construed as 
     authorizing less than full and current disclosure to all the 
     members of the Select Committee on Intelligence of the Senate 
     and the Permanent Select Committee on Intelligence of the 
     House of Representatives of any information necessary to keep 
     all the members of such committees fully and currently 
     informed on all intelligence activities covered by this 
     section.''.
       (2) Conforming amendment.--Subsection (d) of such section, 
     as redesignated by paragraph (1)(A) of this subsection, is 
     amended by striking ``subsection (b)'' and inserting 
     ``subsections (b) and (c)''.
       (c) Reports and Notice on Covert Actions.--
       (1) Form and content of certain reports.--Subsection (b) of 
     section 503 of such Act (50 U.S.C. 413b) is amended--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (B) by inserting ``(1)'' after ``(b)''; and
       (C) by adding at the end the following new paragraph:
       ``(2) Any report relating to a covert action that is 
     submitted to the congressional intelligence committees for 
     the purposes of paragraph (1) shall be in writing, and shall 
     contain the following:
       ``(A) A concise statement of any facts pertinent to such 
     report.
       ``(B) An explanation of the significance of the covert 
     action covered by such report.''.
       (2) Notice on information not disclosed.--Subsection (c) of 
     such section is amended by adding at the end the following 
     new paragraph:
       ``(5) If the Director of National Intelligence or the head 
     of a department, agency, or other entity of the United States 
     Government does not provide information required by 
     subsection (b) in full or to all the members of the 
     congressional intelligence committees, and requests that such 
     information

[[Page S4530]]

     not be so provided, the Director shall, in a timely fashion, 
     notify such committees of the determination not to provide 
     such information in full or to all members of such 
     committees. Such notice shall be submitted in writing in a 
     classified form, include a statement of the reasons for such 
     determination and a description that provides the main 
     features of the covert action covered by such determination, 
     and contain no restriction on access to this notice by all 
     members of the committee.''.
       (3) Modification of nature of change of covert action 
     triggering notice requirements.--Subsection (d) of such 
     section is amended by striking ``significant'' the first 
     place it appears.
                                 ______
                                 
  SA 859. Mr. BOND submitted an amendment intended to be proposed by 
him to the bill S. 372, to authorize appropriations for fiscal year 
2007 for the intelligence and intelligence-related activities of the 
United States Government, the Intelligence Community Management 
Account, and the Central Intelligence Agency Retirement and Disability 
System, and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike section 310.
                                 ______
                                 
  SA 860. Mr. BOND submitted an amendment intended to be proposed by 
him to the bill S. 372, to authorize appropriations for fiscal year 
2007 for the intelligence and intelligence-related activities of the 
United States Government, the Intelligence Community Management 
Account, and the Central Intelligence Agency Retirement and Disability 
System, and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 42, strike line 5 and all that follows 
     through page 43, line 14, and insert the following:
       (1) Report required.--Not later than 60 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall provide to the members of the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives a report on any clandestine prison or 
     detention facility currently or formerly operated by the 
     United States Government for individuals captured in the 
     global war on terrorism.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) The date each prison or facility became operational, 
     and if applicable, the date on which each prison or facility 
     ceased its operations.
       (B) The total number of prisoners or detainees held at each 
     prison or facility during its operation.
       (C) The current number of prisoners or detainees held at 
     each operational prison or facility.
       (D) The total and average annual costs of each prison or 
     facility during its operation.
       (E) A description of the interrogation procedures used or 
     formerly used on detainees at each prison or facility, 
     including whether a determination has been made that such 
     procedures are or were in compliance with the United States 
     obligations under the Geneva Conventions and the Convention 
     Against Torture.
                                 ______
                                 
  SA 861. Mr. BOND (for himself and Mr. Rockefeller) submitted an 
amendment intended to be proposed by him to the bill S. 372, to 
authorize appropriations for fiscal year 2007 for the intelligence and 
intelligence-related activities of the United States Government, the 
Intelligence Community Management Account, and the Central Intelligence 
Agency Retirement and Disability System, and for other purposes; which 
was ordered to lie on the table; as follows:

       Beginning on page 109, strike line 24 and all that follows 
     through page 110, line 6, and insert the following:
       ``(2)(A) As directed by the Director of National 
     Intelligence, the National Geospatial-Intelligence Agency 
     shall also develop a system to facilitate the analysis, 
     dissemination, and incorporation of likenesses, videos, or 
     presentations produced by ground-based platforms, including 
     handheld or clandestine photography taken by or on behalf of 
     human intelligence collection organizations or available as 
     open source information into the National System for 
     Geospatial-Intelligence.
                                 ______
                                 
  SA 862. Mr. BOND (for himself and Mr. Rockefeller) submitted an 
amendment intended to be proposed by him to the bill S. 372, to 
authorize appropriations for fiscal year 2007 for the intelligence and 
intelligence-related activities of the United States Government, the 
Intelligence Community Management Account, and the Central Intelligence 
Agency Retirement and Disability System, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike section 410 and insert the following:

     SEC. 410. NATIONAL SPACE INTELLIGENCE OFFICE.

       (a) Establishment.--
       (1) In general.--Title I of the National Security Act of 
     1947 (50 U.S.C. 401 et seq.) is amended by adding after 
     section 119B the following new section:


                  ``NATIONAL SPACE INTELLIGENCE OFFICE

       ``Sec. 119C.  (a) Establishment.--There is established 
     within the Office of the Director of National Intelligence a 
     National Space Intelligence Office.
       ``(b) Director of National Space Intelligence Office.--The 
     National Intelligence Officer for Science and Technology, or 
     a successor position designated by the Director of National 
     Intelligence, shall act as the Director of the National Space 
     Intelligence Office.
       ``(c) Missions.--The National Space Intelligence Office 
     shall have the following missions:
       ``(1) To coordinate and provide policy direction for the 
     management of space-related intelligence assets.
       ``(2) To prioritize collection activities consistent with 
     the National Intelligence Collection Priorities framework, or 
     a successor framework or other document designated by the 
     Director of National Intelligence.
       ``(3) To provide policy direction for programs designed to 
     ensure a sufficient cadre of government and nongovernment 
     personnel in fields relating to space intelligence, including 
     programs to support education, recruitment, hiring, training, 
     and retention of qualified personnel.
       ``(4) To evaluate independent analytic assessments of 
     threats to classified United States space intelligence 
     systems throughout all phases of the development, 
     acquisition, and operation of such systems.
       ``(d) Access to Information.--The Director of National 
     Intelligence shall ensure that the National Space 
     Intelligence Office has access to all national intelligence 
     information (as appropriate), and such other information (as 
     appropriate and practical), necessary for the Office to carry 
     out the missions of the Office under subsection (c).
       ``(e) Separate Budget Account.--The Director of National 
     Intelligence shall include in the National Intelligence 
     Program budget a separate line item for the National Space 
     Intelligence Office.''.
       (2) Clerical amendment.--The table of contents for that Act 
     is amended by inserting after the item relating to section 
     119B the following new item:

``Sec. 119C. National Space Intelligence Office.''.

       (b) Report on Organization of Office.--
       (1) Report required.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of the 
     National Space Intelligence Office shall submit to the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives a report on the organizational structure of 
     the National Space Intelligence Office established by section 
     119C of the National Security Act of 1947 (as added by 
     subsection (a)).
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) The proposed organizational structure of the National 
     Space Intelligence Office.
       (B) An identification of key participants in the Office.
       (C) A strategic plan for the Office during the five-year 
     period beginning on the date of the report.
                                 ______
                                 
  SA 863. Mr. BOND (for himself and Mr. Rockefeller) submitted an 
amendment intended to be proposed by him to the bill S. 372, to 
authorize appropriations for fiscal year 2007 for the intelligence and 
intelligence-related activities of the United States Government, the 
Intelligence Community Management Account, and the Central Intelligence 
Agency Retirement and Disability System, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike section 421 and insert the following:

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

       (a) Establishment of Position of Deputy Director of Central 
     Intelligence Agency.--Subsection (a) of section 104A of the 
     National Security Act of 1947 (50 U.S.C. 403-4a) is amended--
       (1) by redesignating subsections (b), (c), (d), (e), (f), 
     and (g) as subsections (d), (e), (f), (g), (h), and (i) 
     respectively; and
       (2) by inserting after subsection (a) the following new 
     subsections (b) and (c):
       ``(b) Deputy Director of Central Intelligence Agency.--(1) 
     There is a Deputy Director of the Central Intelligence Agency 
     who shall be appointed 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) Military Status of Director of the Central 
     Intelligence Agency and Deputy

[[Page S4531]]

     Director of Central Intelligence Agency.--(1) Not more than 
     one of the individuals serving in the positions specified in 
     subsection (a) and (b) may be a commissioned officer of the 
     Armed Forces in active status.
       ``(2) A commissioned officer of the Armed Forces who is 
     serving as the Director or Deputy Director of the Central 
     Intelligence Agency or is engaged in administrative 
     performance of the duties of Director or Deputy Director of 
     the Central Intelligence Agency shall not, while continuing 
     in such service, or in the administrative performance of such 
     duties--
       ``(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.
       ``(3) Except as provided in subparagraph (A) or (B) of 
     paragraph (2), the service, or the administrative performance 
     of duties, described in that paragraph by an officer 
     described in that paragraph shall not affect the status, 
     position, rank, or grade of such officer in the Armed Forces, 
     or any emolument, perquisite, right, privilege, or benefit 
     incident to or arising out of such status, position, rank, or 
     grade.
       ``(4) A commissioned officer described in paragraph (2), 
     while serving, or continuing in the administrative 
     performance of duties, as described in that paragraph and 
     while remaining on active duty, shall continue to receive 
     military pay and allowances. Funds from which such pay and 
     allowances are paid shall be reimbursed from funds available 
     to the Director of the Central Intelligence Agency.''.
       (b) Conforming Amendment.--Paragraph (2) of subsection (e) 
     of such section, as redesignated by subsection (a)(1) of this 
     section, is further amended by striking ``subsection (d)'' 
     and inserting ``subsection (f)''.
       (c) 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.''.
       (d) Role of DNI 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 fallowing new subparagraph:
       ``(J) The Deputy Director of the Central Intelligence 
     Agency.''.
       (e) Effective Date and Applicability.--The amendments made 
     by this section 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.
                                 ______
                                 
  SA 864. Mr. KYL submitted an amendment intended to be proposed by him 
to the bill S. 372, to authorize appropriations for fiscal year 2007 
for the intelligence and intelligence-related activities of the United 
States Government, the Intelligence Community Management Account, and 
the Central Intelligence Agency Retirement and Disability System, and 
for other purposes; which was ordered to lie on the table; as follows:

       Section 308 of the bill is amended to read as follows:

     SEC. 308. INCREASE IN PENALTIES FOR DISCLOSURE OF UNDERCOVER 
                   INTELLIGENCE OFFICERS AND AGENTS.

       (a) Disclosure of Agent After Access to Information 
     Identifying Agent.--Subsection (a) of section 601 of the 
     National Security Act of 1947 (50 U.S.C. 421) is amended by 
     striking ``or imprisoned'' and all that follows and inserting 
     the following: ``and imprisoned for not less than 3 years nor 
     more than 20 years.''.
       (b) Disclosure of Agent After Access to Classified 
     Information.--Subsection (b) of such section is amended by 
     striking ``or imprisoned'' and all that follows and inserting 
     the following: ``and imprisoned for not less than 2 years nor 
     more than 15 years.''.
                                 ______
                                 
  SA 865. Mr. KYL submitted an amendment intended to be proposed by him 
to the bill S. 372, to authorize appropriations for fiscal year 2007 
for the intelligence and intelligence-related activities of the United 
States Government, the Intelligence Community Management Account, and 
the Central Intelligence Agency Retirement and Disability System, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 40, between lines 7 and 8, insert the following:
       (3) The information described in paragraphs (1) and (2) may 
     be included in such report only if the Director of National 
     Intelligence determines that publication of such information 
     would not endanger national security.
                                 ______
                                 
  SA 866. Mr. KYL submitted an amendment intended to be proposed by him 
to the bill S. 372, to authorize appropriations for fiscal year 2007 
for the intelligence and intelligence-related activities of the United 
States Government, the Intelligence Community Management Account, and 
the Central Intelligence Agency Retirement and Disability System, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. ___. UNLAWFUL DISCLOSURE OF CLASSIFIED REPORTS BY 
                   ENTRUSTED PERSONS.

       (a) In General.--It shall be unlawful for any person who is 
     an employee or member of the Senate or House of 
     Representatives, or who is entrusted with or has lawful 
     possession of, access to, or control over any classified 
     information contained in a report submitted to Congress under 
     this Act, the USA PATRIOT Improvement and Reauthorization Act 
     of 2005 (Public Law 109-177; 120 Stat. 192), the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (Public Law 108-
     458; 118 Stat. 3638), or an amendment made by any such Act 
     to--
       (1) knowingly and willfully communicate, furnish, transmit, 
     or otherwise makes available such information to an 
     unauthorized person;
       (2) publish such information; or
       (3) use such information in any manner prejudicial to the 
     safety or interest of the United States or for the benefit of 
     any foreign government to the detriment of the United States.
       (b) Penalty.--Any person who violates subsection (a) shall 
     be fined under title 18, United States Code, imprisoned not 
     more than 10 years, or both.
       (c) Information to Congress.--Nothing in this section shall 
     prohibit the furnishing, upon lawful demand, of information 
     to any regularly constituted committee of the Senate or House 
     of Representatives, or joint committee thereof.
       (d) Definitions.--As used in this section--
       (1) the term ``classified information'' means information 
     which, at the time of a violation of this section, is 
     determined to be Confidential, Secret, or Top Secret pursuant 
     to Executive Order 12958, or any successor thereto; and
       (2) the term ``unauthorized person'' means any person who 
     does not have authority or permission to have access to the 
     classified information under the provisions of a statute, 
     Executive Order, regulation, or directive of the head of any 
     department or agency who is empowered to classify 
     information.
                                 ______
                                 
  SA 867. Mr. KYL submitted an amendment intended to be proposed by him 
to the bill S. 372, to authorize appropriations for fiscal year 2007 
for the intelligence and intelligence-related activities of the United 
States Government, the Intelligence Community Management Account, and 
the Central Intelligence Agency Retirement and Disability System, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. ___. IMPROVEMENTS TO THE CLASSIFIED INFORMATION 
                   PROCEDURES ACT.

       (a) Short Title.--This section may be cited as the 
     ``Classified Information Procedures Reform Act of 2007''.
       (b) Interlocutory Appeals Under the Classified Information 
     Procedures Act.--Section 7(a) of the Classified Information 
     Procedures Act (18 U.S.C. App.) is amended by adding at the 
     end ``The Government's right to appeal under this section 
     applies without regard to whether the order appealed from was 
     entered under this Act.''.
       (c) Ex Parte Authorizations Under the Classified 
     Information Procedures Act.--Section 4 of the Classified 
     Information Procedures Act (18 U.S.C. App.) is amended--
       (1) in the second sentence--
       (A) by striking ``may'' and inserting ``shall''; and
       (B) by striking ``written statement to be inspected'' and 
     inserting ``statement to be made ex parte and to be 
     considered''; and
       (2) in the third sentence--
       (A) by striking ``If the court enters an order granting 
     relief following such an ex parte showing, the'' and 
     inserting ``The''; and
       (B) by inserting ``and any summary of the classified 
     information the defendant seeks to obtain'' after ``text of 
     the statement of the United States''.
       (d) Application of Classified Information Procedures Act to 
     Nondocumentary Information.--Section 4 of the Classified 
     Information Procedures Act (18 U.S.C. App.) is amended--
       (1) in the section heading, by inserting ``, and access 
     to,'' after ``of'';
       (2) by inserting ``(a) Discovery of Classified Information 
     From Documents.--'' before the first sentence; and

[[Page S4532]]

       (3) by adding at the end the following:
       ``(b) Access to Other Classified Information.--
       ``(1) If the defendant seeks access through deposition 
     under the Federal Rules of Criminal Procedure or otherwise to 
     nondocumentary information from a potential witness or other 
     person which he knows or reasonably believes is classified, 
     he shall notify the attorney for the United States and the 
     district court in writing. Such notice shall specify with 
     particularity the classified information sought by the 
     defendant and the legal basis for such access. At a time set 
     by the court, the United States may oppose access to the 
     classified information.
       ``(2) If, after consideration of any objection raised by 
     the United States, including any objection asserted on the 
     basis of privilege, the court determines that the defendant 
     is legally entitled to have access to the information 
     specified in the notice required by paragraph (1), the United 
     States may request the substitution of a summary of the 
     classified information or the substitution of a statement 
     admitting relevant facts that the classified information 
     would tend to prove.
       ``(3) The court shall permit the United States to make its 
     objection to access or its request for such substitution in 
     the form of a statement to be made ex parte and to be 
     considered by the court alone. The entire text of the 
     statement of the United States, as well as any summary of the 
     classified information the defendant seeks to obtain, shall 
     be sealed and preserved in the records of the court and made 
     available to the appellate court in the event of an appeal.
       ``(4) The court shall grant the request of the United 
     States to substitute a summary of the classified information 
     or to substitute a statement admitting relevant facts that 
     the classified information would tend to prove if it finds 
     that the summary or statement will provide the defendant with 
     substantially the same ability to make his defense as would 
     disclosure of the specific classified information.
       ``(5) A defendant may not obtain access to classified 
     information subject to this subsection except as provided in 
     this subsection. Any proceeding, whether by deposition under 
     the Federal Rules of Criminal Procedure or otherwise, in 
     which a defendant seeks to obtain access to such classified 
     information not previously authorized by a court for 
     disclosure under this subsection must be discontinued or may 
     proceed only as to lines of inquiry not involving such 
     classified information.''.
                                 ______
                                 
  SA 868. Mr. KYL submitted an amendment intended to be proposed by him 
to the bill S. 372, to authorize appropriations for fiscal year 2007 
for the intelligence and intelligence-related activities of the United 
States Government, the Intelligence Community Management Account, and 
the Central Intelligence Agency Retirement and Disability System, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. ___. PREVENTION AND DETERRENCE OF TERRORIST SUICIDE 
                   BOMBINGS.

       (a) Offense of Rewarding or Facilitating International 
     Terrorist Acts.--
       (1) In general.--Chapter 113B of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2339E. Providing material support to international 
       terrorism

       ``(a) Definitions.--In this section:
       ``(1) The term `facility of interstate or foreign commerce' 
     has the same meaning as in section 1958(b)(2).
       ``(2) The term `international terrorism' has the same 
     meaning as in section 2331.
       ``(3) The term `material support or resources' has the same 
     meaning as in section 2339A(b).
       ``(4) The term `perpetrator of an act' includes any person 
     who--
       ``(A) commits the act;
       ``(B) aids, abets, counsels, commands, induces, or procures 
     its commission; or
       ``(C) attempts, plots, or conspires to commit the act.
       ``(5) The term `serious bodily injury' has the same meaning 
     as in section 1365.
       ``(b) Prohibition.--Whoever, in a circumstance described in 
     subsection (c), provides, or attempts or conspires to 
     provide, material support or resources to the perpetrator of 
     an act of international terrorism, or to a family member or 
     other person associated with such perpetrator, with the 
     intent to facilitate, reward, or encourage that act or other 
     acts of international terrorism, shall be fined under this 
     title, imprisoned not more than 25 years, or both, and, if 
     death results, shall be imprisoned for any term of years or 
     for life.
       ``(c) Jurisdictional Bases.--A circumstance referred to in 
     subsection (b) is that--
       ``(1) the offense occurs in or affects interstate or 
     foreign commerce;
       ``(2) the offense involves the use of the mails or a 
     facility of interstate or foreign commerce;
       ``(3) an offender intends to facilitate, reward, or 
     encourage an act of international terrorism that affects 
     interstate or foreign commerce or would have affected 
     interstate or foreign commerce had it been consummated;
       ``(4) an offender intends to facilitate, reward, or 
     encourage an act of international terrorism that violates the 
     criminal laws of the United States;
       ``(5) an offender intends to facilitate, reward, or 
     encourage an act of international terrorism that is designed 
     to influence the policy or affect the conduct of the United 
     States Government;
       ``(6) an offender intends to facilitate, reward, or 
     encourage an act of international terrorism that occurs in 
     part within the United States and is designed to influence 
     the policy or affect the conduct of a foreign government;
       ``(7) an offender intends to facilitate, reward, or 
     encourage an act of international terrorism that causes or is 
     designed to cause death or serious bodily injury to a 
     national of the United States while that national is outside 
     the United States, or substantial damage to the property of a 
     legal entity organized under the laws of the United States 
     (including any of its States, districts, commonwealths, 
     territories, or possessions) while that property is outside 
     of the United States;
       ``(8) the offense occurs in whole or in part within the 
     United States, and an offender intends to facilitate, reward 
     or encourage an act of international terrorism that is 
     designed to influence the policy or affect the conduct of a 
     foreign government; or
       ``(9) the offense occurs in whole or in part outside of the 
     United States, and an offender is a national of the United 
     States, a stateless person whose habitual residence is in the 
     United States, or a legal entity organized under the laws of 
     the United States (including any of its States, districts, 
     commonwealths, territories, or possessions).''.
       (2) Technical and conforming amendments.--
       (A) Table of sections.--The table of sections for chapter 
     113B of title 18, United States Code, is amended by adding at 
     the end the following:

``2339D. Receiving military-type training from a foreign terrorist 
              organization.
``2339E. Providing material support to international terrorism.''.
       (B) Other amendment.--Section 2332b(g)(5)(B)(i) of title 
     18, United States Code, is amended by inserting ``2339E 
     (relating to providing material support to international 
     terrorism),'' before ``or 2340A (relating to torture)''.
       (b) Increased Penalties for Providing Material Support to 
     Terrorists.--
       (1) Providing material support to designated foreign 
     terrorist organizations.--Section 2339B(a) of title 18, 
     United States Code, is amended by striking ``15 years'' and 
     inserting ``25 years''.
       (2) Providing material support or resources in aid of a 
     terrorist crime.--Section 2339A(a) of title 18, United States 
     Code, is amended by striking ``15 years'' and inserting ``40 
     years''.
       (3) Receiving military-type training from a foreign 
     terrorist organization.--Section 2339D(a) of title 18, United 
     States Code, is amended by striking ``ten years'' and 
     inserting ``15 years''.
       (4) Addition of attempts and conspiracies to an offense 
     relating to military training.--Section 2339D(a) of title 18, 
     United States Code, is amended by inserting ``, or attempts 
     or conspires to receive,'' after ``receives''.
                                 ______
                                 
  SA 869. Mr. KYL submitted an amendment intended to be proposed by him 
to the bill S. 372, to authorize appropriations for fiscal year 2007 
for the intelligence and intelligence-related activities of the United 
States Government, the Intelligence Community Management Account, and 
the Central Intelligence Agency Retirement and Disability System, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. __. TERRORIST MURDERS, KIDNAPPINGS, AND ASSAULTS.

       (a) Penalties for Terrorist Manslaughter and Attempts or 
     Conspiracies To Commit Terrorist Murder.--Section 2332 of 
     title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``, punished by death'' 
     and all that follows and inserting ``and punished by death or 
     imprisoned for life;''; and
       (B) in paragraph (2), by striking ``or imprisoned'' and all 
     that follows and inserting ``and imprisoned for not less than 
     10 years nor more than 30 years; and''; and
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``or imprisoned'' and all 
     that follows and inserting ``and imprisoned for life; and''; 
     and
       (B) in paragraph (2), by striking ``or imprisoned'' and all 
     that follows and inserting ``and imprisoned for life.''.
       (b) Addition of Offense of Terrorist Kidnapping.--Section 
     2332 of title 18, United States Code, is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Kidnapping.--Whoever outside the United States 
     unlawfully seizes, confines, inveigles, decoys, kidnaps, 
     abducts, or carries away, or attempts or conspires to seize, 
     confine, inveigle, decoy, kidnap, abduct or carry

[[Page S4533]]

     away, a national of the United States shall be fined under 
     this title and imprisoned for life.''.
       (c) Addition of Sexual Assault to Definition of Offense of 
     Terrorist Assault.--Section 2332(d) of title 18, United 
     States Code, as redesignated by subsection (b) of this 
     section, is amended--
       (1) in paragraph (1), by inserting ``(as defined in section 
     1365, including any conduct that, if the conduct occurred in 
     the special maritime and territorial jurisdiction of the 
     United States, would violate section 2241 or 2242)'' after 
     ``injury'';
       (2) in paragraph (2), by inserting ``(as defined in section 
     1365, including any conduct that, if the conduct occurred in 
     the special maritime and territorial jurisdiction of the 
     United States, would violate section 2241 or 2242)'' after 
     ``injury''; and
       (3) in the matter following paragraph (2), by striking ``or 
     imprisoned'' and all that follows and inserting ``and 
     imprisoned for not less than 10 years nor more than 30 
     years.''.
                                 ______
                                 
  SA 870. Mr. KYL submitted an amendment intended to be proposed by him 
to the bill S. 372, to authorize appropriations for fiscal year 2007 
for the intelligence and intelligence-related activities of the United 
States Government, the Intelligence Community Management Account, and 
the Central Intelligence Agency Retirement and Disability System, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title III, add the following:

     SEC. __. NATIONAL INTELLIGENCE ESTIMATE ON PERSONS DEALING 
                   WITH STATE SPONSORS OF TERRORISM.

       (a) Requirement for National Intelligence Estimate.--
       (1) In general.--Except as provided in paragraph (2), not 
     later than 270 days after the date of enactment of this Act, 
     the Director of National Intelligence shall submit to 
     Congress a National Intelligence Estimate on business 
     activities carried out with a state sponsors of terrorism.
       (2) Notice regarding submittal.--If the Director of 
     National Intelligence determines that the National 
     Intelligence Estimate required by paragraph (1) may not be 
     submitted within 270 days after the date of the enactment of 
     this Act, the Director shall submit to Congress a 
     notification of such determination that includes--
       (A) the reasons that such National Intelligence Estimate 
     may not be submitted by such date; and
       (B) an estimated date for the submittal of such National 
     Intelligence Estimate.
       (b) Content.--The National Intelligence Estimate required 
     by subsection (a) shall include--
       (1) a list of persons, including foreign persons, that 
     carry out business activity with the government of, or a 
     private entity located within, a country that is a state 
     sponsors of terrorism;
       (2) a description of such business activities carried out 
     by each such person, including estimates of the magnitude of 
     such activities;
       (3) an assessment of the importance of such activities to 
     the economy of each state sponsor of terrorism;
       (4) an assessment of the likely effect of each State law, 
     including each decision by a public pension board or 
     governing body of a State that requires divestment from 
     persons who conduct business activity with a state sponsors 
     of terrorism; and
       (5) an assessment of options available to the United States 
     to reduce such activities and the likely effect that carrying 
     out such options may have on the policies and economies of 
     each state sponsor of terrorism.
       (c) State Sponsor of Terrorism Defined.--In this section, 
     the term ``state sponsor of terrorism'' means any country the 
     government of which has been determined by the Secretary of 
     State to have repeatedly provided support for acts of 
     international terrorism pursuant to--
       (1) section 6(j)(1)(A) of the Export Administration Act of 
     1979 (50 U.S.C. App. 2405(j)(1)(A)) (or successor statute);
       (2) section 40(d) of the Arms Export Control Act (22 U.S.C. 
     2780(d)); or
       (3) section 620A(a) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2371(a)).
       (d) Coordination.--In preparing the National Intelligence 
     Estimate required by subsection (a), the Director of National 
     Intelligence shall coordinate with the Secretary of State, 
     the Secretary of the Treasury, the Secretary of Commerce, the 
     Chairman of the Securities and Exchange Commission, and other 
     appropriate governmental or nongovernmental entities.
       (e) Form.--The National Intelligence Estimate required by 
     subsection (a) shall be submitted in unclassified form, to 
     the extent consistent with the protection of intelligence 
     sources and methods, and include unclassified key judgments 
     of the National Intelligence Estimate. Such National 
     Intelligence Estimate may include a classified annex.
                                 ______
                                 
  SA 871. Mr. KYL submitted an amendment intended to be proposed by him 
to the bill S. 372, to authorize appropriations for fiscal year 2007 
for the intelligence and intelligence-related activities of the United 
States Government, the Intelligence Community Management Account, and 
the Central Intelligence Agency Retirement and Disability System, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. __. IMMUNITY FOR REPORTING SUSPICIOUS ACTIVITIES AND 
                   MITIGATING TERRORIST THREATS RELATING TO 
                   TRANSPORTATION SECURITY.

       (a) Immunity for Reporting Suspicious Behavior.--Any person 
     who makes or causes to be made a voluntary disclosure of any 
     suspicious transaction, activity, or occurrence indicating 
     that an individual may be engaging or preparing to engage in 
     a matter described in subsection (b) to any employee or agent 
     of the Department of Homeland Security, the Department of 
     Transportation, the Department of Justice, any Federal, 
     State, or local law enforcement officer, any transportation 
     security officer, or any employee or agent of a 
     transportation system shall be immune from civil liability to 
     any person under any law or regulation of the United States, 
     or any constitution, law, or regulation of any State or 
     political subdivision of any State, for such disclosure.
       (b) Covered Disclosures.--The matter referred to in 
     subsection (a) is a possible violation or attempted violation 
     of law or regulation relating--
       (1) to a threat to transportation systems or passenger 
     safety or security; or
       (2) to an act of terrorism, as defined in section 3077 of 
     title 18, United States Code, that involves or is directed 
     against transportation systems or passengers.
       (c) Limitation on Application.--Subsection (a) shall not 
     apply to a statement or disclosure by a person that, at the 
     time it is made, is known by the person to be false.
       (d) Attorney Fees and Costs.--If a person is named as a 
     defendant in a civil lawsuit for making voluntary disclosures 
     of any suspicious transaction or taking actions to mitigate a 
     suspicious matter described in subsection (b), and the person 
     is found to be immune from civil liability under this 
     section, the person shall be entitled to recover from the 
     plaintiff all reasonable costs and attorney's fees as allowed 
     by the court.
       (e) Retroactive Application.--This section shall apply to 
     activities and claims occurring on or after November 20, 
     2006.
                                 ______
                                 
  SA 872. Mr. BOND (for himself and Mr. Rockefeller) submitted an 
amendment intended to be proposed by him to the bill S. 372, to 
authorize appropriations for fiscal year 2007 for the intelligence and 
intelligence-related activities of the United States Government, the 
Intelligence Community Management Account, and the Central Intelligence 
Agency Retirement and Disability System, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 41, line 1, strike ``legal opinions'' and insert 
     ``legal justifications''.
                                 ______
                                 
  SA 873. Mr. CHAMBLISS (for himself and Mr. Kyl) submitted an 
amendment intended to be proposed by him to the bill S. 372, to 
authorize appropriations for fiscal year 2007 for the intelligence and 
intelligence-related activities of the United States Government, the 
Intelligence Community Management Account, and the Central Intelligence 
Agency Retirement and Disability System, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike section 304.
                                 ______
                                 
  SA 874. Mr. CHAMBLISS (for himself and Mr. Kyl) submitted an 
amendment intended to be proposed by him to the bill S. 372, to 
authorize appropriations for fiscal year 2007 for the intelligence and 
intelligence-related activities of the United States Government, the 
Intelligence Community Management Account, and the Central Intelligence 
Agency Retirement and Disability System, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike section 314.
                                 ______
                                 
  SA 875. Mr. CHAMBLISS (for himself and Mr. Kyl) submitted an 
amendment intended to be proposed by him to the bill S. 372, to 
authorize appropriations for fiscal year 2007 for the intelligence and 
intelligence-related activities of the United States Government, the 
Intelligence Community Management Account, and the Central Intelligence 
Agency Retirement and Disability System, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike section 107.
                                 ______
                                 
  SA 876. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 372, to authorize appropriations for fiscal year 
2007 for the intelligence and intelligence-related activities of the 
United States Government, the Intelligence Community Management 
Account, and the Central

[[Page S4534]]

Intelligence Agency Retirement and Disability System, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY 
                   CARDS TO CONVICTED FELONS.

       (a) In General.--Section 70105 of title 46, United States 
     Code, is amended--
       (1) in subsection (b)(1), by striking ``decides that the 
     individual poses a security risk under subsection (c)'' and 
     inserting ``determines under subsection (c) that the 
     individual poses a security risk''; and
       (2) in subsection (c), by amending paragraph (1) to read as 
     follows:
       ``(1) Disqualifications.--
       ``(A) Permanent disqualifying criminal offenses.--Except as 
     provided under paragraph (2), an individual is permanently 
     disqualified from being issued a biometric transportation 
     security card under subsection (b) if the individual has been 
     convicted, or found not guilty by reason of insanity, in a 
     civilian or military jurisdiction of any of the following 
     felonies:
       ``(i) Espionage or conspiracy to commit espionage.
       ``(ii) Sedition or conspiracy to commit sedition.
       ``(iii) Treason or conspiracy to commit treason.
       ``(iv) A Federal crime of terrorism (as defined in section 
     2332b(g) of title 18), a comparable State law, or conspiracy 
     to commit such crime.
       ``(v) A crime involving a transportation security incident.
       ``(vi) Improper transportation of a hazardous material 
     under section 5124 of title 49, or a comparable State law.
       ``(vii) Unlawful possession, use, sale, distribution, 
     manufacture, purchase, receipt, transfer, shipping, 
     transporting, import, export, storage of, or dealing in an 
     explosive or explosive device. In this clause, an explosive 
     or explosive device includes--

       ``(I) an explosive (as defined in sections 232(5) and 
     844(j) of title 18);
       ``(II) explosive materials (as defined in subsections (c) 
     through (f) of section 841 of title 18); and
       ``(III) a destructive device (as defined in 921(a)(4) of 
     title 18 and section 5845(f) of the Internal Revenue Code of 
     1986).

       ``(viii) Murder.
       ``(ix) Making any threat, or maliciously conveying false 
     information knowing the same to be false, concerning the 
     deliverance, placement, or detonation of an explosive or 
     other lethal device in or against a place of public use, a 
     State or other government facility, a public transportation 
     system, or an infrastructure facility.
       ``(x) A violation of the Racketeer Influenced and Corrupt 
     Organizations Act (18 U.S.C. 1961 et seq.), or a comparable 
     State law, if 1 of the predicate acts found by a jury or 
     admitted by the defendant consists of 1 of the crimes listed 
     in this subparagraph.
       ``(xi) Attempt to commit any of the crimes listed in 
     clauses (i) through (iv).
       ``(xii) Conspiracy or attempt to commit any of the crimes 
     described in clauses (v) through (x).
       ``(xiii) Any other felony that the Secretary of Homeland 
     Security classifies, by regulation, as a permanently 
     disqualifying criminal offense under this subparagraph.
       ``(B) Interim disqualifying criminal offenses.--Except as 
     provided under paragraph (2), an individual is disqualified 
     from being issued a biometric transportation security card 
     under subsection (b) if the individual has been convicted, or 
     found not guilty by reason of insanity, during the 7-year 
     period ending on the date on which the individual applies for 
     such card, or was released from incarceration during the 5-
     year period ending on the date on which the individual 
     applies for such card, of any of the following felonies:
       ``(i) Unlawful possession, use, sale, manufacture, 
     purchase, distribution, receipt, transfer, shipping, 
     transporting, delivery, import, export of, or dealing in a 
     firearm or other weapon. In this clause, a firearm or other 
     weapon includes--

       ``(I) firearms (as defined in section 921(a)(3) of title 18 
     and section 5845(a) of the Internal Revenue Code of 1986); 
     and
       ``(II) items contained on the United States Munitions 
     Import List under section 447.21 of title 27, Code of Federal 
     Regulations.

       ``(ii) Extortion.
       ``(iii) Dishonesty, fraud, or misrepresentation, including 
     identity fraud and money laundering if the money laundering 
     is related to a crime described in this subparagraph or 
     subparagraph (A). In this clause, welfare fraud and passing 
     bad checks do not constitute dishonesty, fraud, or 
     misrepresentation.
       ``(iv) Bribery.
       ``(v) Smuggling.
       ``(vi) Immigration violations.
       ``(vii) Distribution of, possession with intent to 
     distribute, or importation of a controlled substance.
       ``(viii) Arson.
       ``(ix) Kidnapping or hostage taking.
       ``(x) Rape or aggravated sexual abuse.
       ``(xi) Assault with intent to kill.
       ``(xii) Robbery.
       ``(xiii) Conspiracy or attempt to commit any of the crimes 
     listed in this subparagraph.
       ``(xiv) Fraudulent entry into a seaport under section 1036 
     of title 18, or a comparable State law.
       ``(xv) A violation of the Racketeer Influenced and Corrupt 
     Organizations Act (18 U.S.C. 1961 et seq.) or a comparable 
     State law, other than any of the violations listed in 
     subparagraph (A)(x).
       ``(xvi) Any other felony that the Secretary of Homeland 
     Security classifies, by regulation, as an interim 
     disqualifying criminal offense under this subparagraph.
       ``(C) Under want warrant, or indictment.--An applicant who 
     is wanted, or under indictment, in any civilian or military 
     jurisdiction for a felony listed in this paragraph, is 
     disqualified from being issued a biometric transportation 
     security card under subsection (b) until the want or warrant 
     is released or the indictment is dismissed.
       ``(D) Determination of arrest status.--
       ``(i) In general.--If a fingerprint-based check discloses 
     an arrest for a disqualifying crime listed in this section 
     without indicating a disposition, the Transportation Security 
     Administration shall notify the applicant of such disclosure 
     and provide the applicant with instructions on how the 
     applicant can clear the disposition, in accordance with 
     clause (ii).
       ``(ii) Burden of proof.--In order to clear a disposition 
     under this subparagraph, an applicant shall submit written 
     proof to the Transportation Security Administration, not 
     later than 60 days after receiving notification under clause 
     (i), that the arrest did not result in conviction for the 
     disqualifying criminal offense.
       ``(iii) Notification of disqualification.--If the 
     Transportation Security Administration does not receive proof 
     in accordance with the Transportation Security 
     Administration's procedures for waiver of criminal offenses 
     and appeals, the Transportation Security Administration shall 
     notify--

       ``(I) the applicant that he or she is disqualified from 
     being issued a biometric transportation security card under 
     subsection (b);
       ``(II) the State that the applicant is disqualified, in the 
     case of a hazardous materials endorsement; and
       ``(III) the Coast Guard that the applicant is disqualified, 
     if the applicant is a mariner.

       ``(E) Other potential disqualifications.--Except as 
     provided under subparagraphs (A) through (C), an individual 
     may not be denied a transportation security card under 
     subsection (b) unless the Secretary determines that 
     individual--
       ``(i) has been convicted within the preceding 7-year period 
     of a felony or found not guilty by reason of insanity of a 
     felony--

       ``(I) that the Secretary believes could cause the 
     individual to be a terrorism security risk to the United 
     States; or
       ``(II) for causing a severe transportation security 
     incident;

       ``(ii) has been released from incarceration within the 
     preceding 5-year period for committing a felony described in 
     clause (i);
       ``(iii) may be denied admission to the United States or 
     removed from the United States under the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.); or
       ``(iv) otherwise poses a terrorism security risk to the 
     United States.''.
       (b) Conforming Amendment.--Section 70101 of title 49, 
     United States Code, is amended--
       (1) by redesignating paragraphs (2) through (6) as 
     paragraphs (3) through (7); and
       (2) by inserting after paragraph (1) the following:
       ``(2) The term `economic disruption' does not include a 
     work stoppage or other employee-related action not related to 
     terrorism and resulting from an employer-employee dispute.''.
  SA 877. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 372, to authorize appropriations for fiscal year 
2007 for the intelligence and intelligence-related activities of the 
United States Government, the Intelligence Community Management 
Account, and the Central Intelligence Agency Retirement and Disability 
System, and for other purposes; which was ordered to lie on the table; 
as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Intelligence Authorization Act for Fiscal Year 2007''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Incorporation of classified annex.
Sec. 104. Personnel ceiling adjustments.
Sec. 105. Intelligence Community Management Account.
Sec. 106. Incorporation of reporting requirements.
Sec. 107. 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.

[[Page S4535]]

   TITLE III--INTELLIGENCE AND GENERAL INTELLIGENCE COMMUNITY MATTERS

Sec. 301. Increase in employee compensation and benefits authorized by 
              law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Clarification of definition of intelligence community under 
              the National Security Act of 1947.
Sec. 304. Improvement of notification of Congress regarding 
              intelligence activities of the United States Government.
Sec. 305. Delegation of authority for travel on common carriers for 
              intelligence collection personnel.
Sec. 306. Modification of availability of funds for different 
              intelligence activities.
Sec. 307. Additional limitation on availability of funds for 
              intelligence and intelligence-related activities.
Sec. 308. Increase in penalties for disclosure of undercover 
              intelligence officers and agents.
Sec. 309. Retention and use of amounts paid as debts to elements of the 
              intelligence community.
Sec. 310. Extension to intelligence community of authority to delete 
              information about receipt and disposition of foreign 
              gifts and decorations.
Sec. 311. Availability of funds for travel and transportation of 
              personal effects, household goods, and automobiles.
Sec. 312. Director of National Intelligence report on compliance with 
              the Detainee Treatment Act of 2005.
Sec. 313. Report on any clandestine detention facilities for 
              individuals captured in the Global War on Terrorism.

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

      Subtitle A--Office of the Director of National Intelligence

Sec. 401. Additional authorities of the Director of National 
              Intelligence on intelligence information sharing.
Sec. 402. Modification of limitation on delegation by the Director of 
              National Intelligence of the protection of intelligence 
              sources and methods.
Sec. 403. Authority of the Director of National Intelligence to manage 
              access to human intelligence information.
Sec. 404. Additional administrative authority of the Director of 
              National Intelligence.
Sec. 405. Clarification of limitation on co-location of the Office of 
              the Director of National Intelligence.
Sec. 406. Additional duties of the Director of Science and Technology 
              of the Office of the Director of National Intelligence.
Sec. 407. Appointment and title of Chief Information Officer of the 
              Intelligence Community.
Sec. 408. Inspector General of the Intelligence Community.
Sec. 409. Leadership and location of certain offices and officials.
Sec. 410. National Space Intelligence Center.
Sec. 411. Operational files in the Office of the Director of National 
              Intelligence.
Sec. 412. Eligibility for incentive awards of personnel assigned to the 
              Office of the Director of National Intelligence.
Sec. 413. Repeal of certain authorities relating to the Office of the 
              National Counterintelligence Executive.
Sec. 414. Inapplicability of Federal Advisory Committee Act to advisory 
              committees of the Office of the Director of National 
              Intelligence.
Sec. 415. Membership of the Director of National Intelligence on the 
              Transportation Security Oversight Board.
Sec. 416. Applicability of the Privacy Act to the Director of National 
              Intelligence and the Office of the Director of National 
              Intelligence.

                Subtitle B--Central Intelligence Agency

Sec. 421. Director and Deputy Director of the Central Intelligence 
              Agency.
Sec. 422. Enhanced protection of Central Intelligence Agency 
              intelligence sources and methods from unauthorized 
              disclosure.
Sec. 423. Additional exception to foreign language proficiency 
              requirement for certain senior level positions in the 
              Central Intelligence Agency.
Sec. 424. Additional functions and authorities for protective personnel 
              of the Central Intelligence Agency.
Sec. 425. Director of National Intelligence report on retirement 
              benefits for former employees of Air America.

              Subtitle C--Defense Intelligence Components

Sec. 431. Enhancements of National Security Agency training program.
Sec. 432. Codification of authorities of National Security Agency 
              protective personnel.
Sec. 433. Inspector general matters.
Sec. 434. Confirmation of appointment of heads of certain components of 
              the intelligence community.
Sec. 435. Clarification of national security missions of National 
              Geospatial-Intelligence Agency for analysis and 
              dissemination of certain intelligence information.
Sec. 436. Security clearances in the National Geospatial-Intelligence 
              Agency.

                       Subtitle D--Other Elements

Sec. 441. Foreign language incentive for certain non-special agent 
              employees of the Federal Bureau of Investigation.
Sec. 442. Authority to secure services by contract for the Bureau of 
              Intelligence and Research of the Department of State.
Sec. 443. Clarification of inclusion of Coast Guard and Drug 
              Enforcement Administration as elements of the 
              intelligence community.
Sec. 444. Clarifying amendments relating to section 105 of the 
              Intelligence Authorization Act for fiscal year 2004.

                         TITLE V--OTHER MATTERS

Sec. 501. Technical amendments to the National Security Act of 1947.
Sec. 502. Technical clarification of certain references to Joint 
              Military Intelligence Program and Tactical Intelligence 
              and Related Activities.
Sec. 503. Technical amendments to the Intelligence Reform and Terrorism 
              Prevention Act of 2004.
Sec. 504. Technical amendments to title 10, United States Code, arising 
              from enactment of the Intelligence Reform and Terrorism 
              Prevention Act of 2004.
Sec. 505. Technical amendment to the Central Intelligence Agency Act of 
              1949.
Sec. 506. Technical amendments relating to the multiyear National 
              Intelligence Program.
Sec. 507. Technical amendments to the Executive Schedule.
Sec. 508. Technical amendments relating to redesignation of the 
              National Imagery and Mapping Agency as the National 
              Geospatial-Intelligence Agency.

                    TITLE I--INTELLIGENCE ACTIVITIES

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2007 for the conduct of the intelligence and 
     intelligence-related activities of the following elements of 
     the United States Government:
       (1) The Office of the Director of National Intelligence.
       (2) The Central Intelligence Agency.
       (3) The Department of Defense.
       (4) The Defense Intelligence Agency.
       (5) The National Security Agency.
       (6) The Department of the Army, the Department of the Navy, 
     and the Department of the Air Force.
       (7) The Department of State.
       (8) The Department of the Treasury.
       (9) The Department of Energy.
       (10) The Department of Justice.
       (11) The Federal Bureau of Investigation.
       (12) The National Reconnaissance Office.
       (13) The National Geospatial-Intelligence Agency.
       (14) The Coast Guard.
       (15) The Department of Homeland Security.
       (16) The Drug Enforcement Administration.

     SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

       (a) Specifications of Amounts and Personnel Ceilings.--The 
     amounts authorized to be appropriated under section 101, and 
     the authorized personnel ceilings as of September 30, 2007, 
     for the conduct of the intelligence and intelligence-related 
     activities of the elements listed in such section, are those 
     specified in the classified Schedule of Authorizations 
     prepared to accompany the conference report on the bill S. 
     372 of the One Hundred Tenth Congress and in the Classified 
     Annex to such report as incorporated in this Act under 
     section 103.
       (b) Availability of Classified Schedule of 
     Authorizations.--The Schedule of Authorizations shall be made 
     available to the Committees on Appropriations of the Senate 
     and House of Representatives and to the President. The 
     President shall provide for suitable distribution of the 
     Schedule, or of appropriate portions of the Schedule, within 
     the executive branch.

     SEC. 103. INCORPORATION OF CLASSIFIED ANNEX.

       (a) Status of Classified Annex.--The Classified Annex 
     prepared by the Select Committee on Intelligence of the 
     Senate to accompany its report on the bill S. 372 of the One 
     Hundred Tenth Congress and transmitted to the President is 
     hereby incorporated into this Act.
       (b) Construction With Other Provisions of Division.--Unless 
     otherwise specifically stated, the amounts specified in the 
     Classified Annex are not in addition to amounts authorized to 
     be appropriated by other provisions of this Act.
       (c) Limitation on Use of Funds.--Funds appropriated 
     pursuant to an authorization

[[Page S4536]]

     contained in this Act that are made available for a program, 
     project, or activity referred to in the Classified Annex may 
     only be expended for such program, project, or activity in 
     accordance with such terms, conditions, limitations, 
     restrictions, and requirements as are set out for that 
     program, project, or activity in the Classified Annex.
       (d) Distribution of Classified Annex.--The President shall 
     provide for appropriate distribution of the Classified Annex, 
     or of appropriate portions of the annex, within the executive 
     branch of the Government.

     SEC. 104. PERSONNEL CEILING ADJUSTMENTS.

       (a) Authority for Adjustments.--With the approval of the 
     Director of the Office of Management and Budget, the Director 
     of National Intelligence may authorize employment of civilian 
     personnel in excess of the number authorized for fiscal year 
     2007 under section 102 when the Director of National 
     Intelligence determines that such action is necessary to the 
     performance of important intelligence functions, except that 
     the number of personnel employed in excess of the number 
     authorized under such section may not, for any element of the 
     intelligence community, exceed 2 percent of the number of 
     civilian personnel authorized under such section for such 
     element.
       (b) Notice to Intelligence Committees.--The Director of 
     National Intelligence shall promptly notify the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives whenever the Director exercises the authority 
     granted by this section.

     SEC. 105. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Intelligence Community Management 
     Account of the Director of National Intelligence for fiscal 
     year 2007 the sum of $648,952,000. Within such amount, funds 
     identified in the classified Schedule of Authorizations 
     referred to in section 102(a) for advanced research and 
     development shall remain available until September 30, 2008.
       (b) Authorized Personnel Levels.--The elements within the 
     Intelligence Community Management Account of the Director of 
     National Intelligence are authorized 1,575 full-time 
     personnel as of September 30, 2007. Personnel serving in such 
     elements may be permanent employees of the Intelligence 
     Community Management Account or personnel detailed from other 
     elements of the United States Government.
       (c) Classified Authorizations.--
       (1) Authorization of appropriations.--In addition to 
     amounts authorized to be appropriated for the Intelligence 
     Community Management Account by subsection (a), there are 
     also authorized to be appropriated for the Intelligence 
     Community Management Account for fiscal year 2007 such 
     additional amounts as are specified in the classified 
     Schedule of Authorizations referred to in section 102(a). 
     Such additional amounts for research and development shall 
     remain available until September 30, 2008.
       (2) Authorization of personnel.--In addition to the 
     personnel authorized by subsection (b) for elements of the 
     Intelligence Community Management Account as of September 30, 
     2007, there are also authorized such additional personnel for 
     such elements as of that date as are specified in the 
     classified Schedule of Authorizations.
       (d) Reimbursement.--Except as provided in section 113 of 
     the National Security Act of 1947 (50 U.S.C. 404h), during 
     fiscal year 2007 any officer or employee of the United States 
     or a member of the Armed Forces who is detailed to the staff 
     of the Intelligence Community Management Account from another 
     element of the United States Government shall be detailed on 
     a reimbursable basis, except that any such officer, employee, 
     or member may be detailed on a nonreimbursable basis for a 
     period of less than one year for the performance of temporary 
     functions as required by the Director of National 
     Intelligence.

     SEC. 106. INCORPORATION OF REPORTING REQUIREMENTS.

       (a) In General.--Each requirement to submit a report to the 
     congressional intelligence committees that is included in the 
     joint explanatory statement to accompany the conference 
     report on the bill ___ of the One Hundred Tenth Congress, or 
     in the classified annex to this Act, is hereby incorporated 
     into this Act, and is hereby made a requirement in law.
       (b) Congressional Intelligence Committees Defined.--In this 
     section, the term ``congressional intelligence committees'' 
     means--
       (1) the Select Committee on Intelligence of the Senate; and
       (2) the Permanent Select Committee on Intelligence of the 
     House of Representatives.

     SEC. 107. 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 30 days 
     after receiving a request for any intelligence assessment, 
     report, estimate, information related to intelligence 
     activity, or other intelligence information from the Select 
     Committee on Intelligence of the Senate or the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives, provide a response to such committee 
     regarding the request for such assessment, report, estimate, 
     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.''.
       (b) Clerical Amendment.--The table of contents in the first 
     section of that Act is amended by inserting after the item 
     relating to section 507 the following new item:

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

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated for the Central 
     Intelligence Agency Retirement and Disability Fund for fiscal 
     year 2007 the sum of $256,400,000.

   TITLE III--INTELLIGENCE AND GENERAL INTELLIGENCE COMMUNITY MATTERS

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

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

     SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

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

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

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

     SEC. 304. IMPROVEMENT OF NOTIFICATION OF CONGRESS REGARDING 
                   INTELLIGENCE ACTIVITIES OF THE UNITED STATES 
                   GOVERNMENT.

       (a) Clarification of Definition of Congressional 
     Intelligence Committees To Include All Members of 
     Committees.--Section 3(7) of the National Security Act of 
     1947 (50 U.S.C. 401a(7)) is amended--
       (1) in subparagraph (A), by inserting ``, and includes each 
     member of the Select Committee'' before the semicolon; and
       (2) in subparagraph (B), by inserting ``, and includes each 
     member of the Permanent Select Committee'' before the period.
       (b) Notice on Information Not Disclosed.--
       (1) In general.--Section 502 of such Act (50 U.S.C. 413a) 
     is amended--
       (A) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (B) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Notice on Information Not Disclosed.--(1) If the 
     Director of National Intelligence or the head of a 
     department, agency, or other entity of the United States 
     Government does not provide information required by 
     subsection (a) in full or to all the members of the 
     congressional intelligence committees and requests that such 
     information not be provided in full or to all members of the 
     congressional intelligence committees, the Director shall, in 
     a timely fashion, provide written notification to the 
     Chairman and Vice Chairman of the Select Committee on 
     Intelligence of the Senate or the Chairman and Ranking Member 
     of the Permanent Select Committee on Intelligence of the 
     House of Representatives, as the case may be, of the 
     determination not to provide such information in full or to 
     all members of such committees. Such notice shall be 
     submitted in a classified form and include a statement

[[Page S4537]]

     of the reasons for such determination. The Director shall 
     provide a general description of the nature of the matter 
     notified to all members of such committees, so long as such 
     general description will not jeopardize sensitive 
     intelligence sources and methods or other exceptionally 
     sensitive matters.
       ``(2) Nothing in this subsection shall be construed as 
     authorizing less than full and current disclosure to all the 
     members of the Select Committee on Intelligence of the Senate 
     and the Permanent Select Committee on Intelligence of the 
     House of Representatives of any information necessary to keep 
     all the members of such committees fully and currently 
     informed on all intelligence activities covered by this 
     section.''.
       (2) Conforming amendment.--Subsection (d) of such section, 
     as redesignated by paragraph (1)(A) of this subsection, is 
     amended by striking ``subsection (b)'' and inserting 
     ``subsections (b) and (c)''.
       (c) Reports and Notice on Covert Actions.--
       (1) Form and content of certain reports.--Subsection (b) of 
     section 503 of such Act (50 U.S.C. 413b) is amended--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (B) by inserting ``(1)'' after ``(b)''; and
       (C) by adding at the end the following new paragraph:
       ``(2) Any report relating to a covert action that is 
     submitted to the congressional intelligence committees for 
     the purposes of paragraph (1) shall be in writing, and shall 
     contain the following:
       ``(A) A concise statement of any facts pertinent to such 
     report.
       ``(B) An explanation of the significance of the covert 
     action covered by such report.''.
       (2) Notice on information not disclosed.--Subsection (c) of 
     such section is amended by adding at the end the following 
     new paragraph:
       ``(5) If the Director of National Intelligence or the head 
     of a department, agency, or other entity of the United States 
     Government does not provide information required by 
     subsection (b)(2) in full or to all the members of the 
     congressional intelligence committees, and requests that such 
     information not be provided in full or to all members of the 
     congressional intelligence committees, for the reason 
     specified in paragraph (2), the Director shall, in a timely 
     fashion, provide written notification to the Chairman and 
     Vice Chairman of the Select Committee on Intelligence of the 
     Senate or the Chairman and Ranking Member of the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives, as the case may be, of the determination not 
     to provide such information in full or to all members of such 
     committees. Such notice shall be submitted in a classified 
     form and include a statement of the reasons for such 
     determination. The Director shall provide a general 
     description of the nature of the matter notified to all 
     members of such committees, so long as such general 
     description will not jeopardize sensitive intelligence 
     sources and methods or other exceptionally sensitive 
     matters.''.
       (3) Modification of nature of change of covert action 
     triggering notice requirements.--Subsection (d) of such 
     section is amended by striking ``significant'' the first 
     place it appears.

     SEC. 305. DELEGATION OF AUTHORITY FOR TRAVEL ON COMMON 
                   CARRIERS FOR INTELLIGENCE COLLECTION PERSONNEL.

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

     SEC. 306. MODIFICATION OF AVAILABILITY OF FUNDS FOR DIFFERENT 
                   INTELLIGENCE ACTIVITIES.

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

     SEC. 307. ADDITIONAL LIMITATION ON AVAILABILITY OF FUNDS FOR 
                   INTELLIGENCE AND INTELLIGENCE-RELATED 
                   ACTIVITIES.

       Section 504 of the National Security Act of 1947 (50 U.S.C. 
     414) is amended--
       (1) in subsection (a), by inserting ``the congressional 
     intelligence committees have been fully and currently 
     informed of such activity and if'' after ``only if'';
       (2) by redesignating subsections (b), (c), (d), and (e) as 
     subsections (c), (d), (e), and (f), respectively; and
       (3) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) In any case in which notice to the congressional 
     intelligence committees on an intelligence or intelligence-
     related activity is covered by section 502(b), or in which 
     notice to the congressional intelligence committees on a 
     covert action is covered by section 503(c)(5), the 
     congressional intelligence committees shall be treated as 
     being fully and currently informed on such activity or covert 
     action, as the case may be, for purposes of subsection (a) if 
     the requirements of such section 502(b) or 503(c)(5), as 
     applicable, have been met.''.

     SEC. 308. INCREASE IN PENALTIES FOR DISCLOSURE OF UNDERCOVER 
                   INTELLIGENCE OFFICERS AND AGENTS.

       (a) Disclosure of Agent After Access to Information 
     Identifying Agent.--Subsection (a) of section 601 of the 
     National Security Act of 1947 (50 U.S.C. 421) is amended by 
     striking ``ten years'' and inserting ``15 years''.
       (b) Disclosure of Agent After Access to Classified 
     Information.--Subsection (b) of such section is amended by 
     striking ``five years'' and inserting ``ten years''.

     SEC. 309. RETENTION AND USE OF AMOUNTS PAID AS DEBTS TO 
                   ELEMENTS OF THE INTELLIGENCE COMMUNITY.

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


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

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

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

     SEC. 310. EXTENSION TO INTELLIGENCE COMMUNITY OF AUTHORITY TO 
                   DELETE INFORMATION ABOUT RECEIPT AND 
                   DISPOSITION OF FOREIGN GIFTS AND DECORATIONS.

       Paragraph (4) of section 7342(f) of title 5, United States 
     Code, is amended to read as follows:
       ``(4)(A) In transmitting such listings for an element of 
     the intelligence community, the

[[Page S4538]]

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

     SEC. 311. AVAILABILITY OF FUNDS FOR TRAVEL AND TRANSPORTATION 
                   OF PERSONAL EFFECTS, HOUSEHOLD GOODS, AND 
                   AUTOMOBILES.

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

     SEC. 312. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON 
                   COMPLIANCE WITH THE DETAINEE TREATMENT ACT OF 
                   2005.

       (a) Report Required.--Not later than May 1, 2007, the 
     Director of National Intelligence shall submit to the 
     congressional intelligence committees a comprehensive report 
     on all measures taken by the Office of the Director of 
     National Intelligence and by each element, if any, of the 
     intelligence community with relevant responsibilities to 
     comply with the provisions of the Detainee Treatment Act of 
     2005 (title X of division A of Public Law 109-148).
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of the detention or interrogation 
     methods, if any, that have been determined to comply with 
     section 1003 of the Detainee Treatment Act of 2005 (119 Stat. 
     2739; 42 U.S.C. 2000dd), and, with respect to each such 
     method, a statement of the general basis for such 
     determination.
       (2) A description of the detention or interrogation 
     methods, if any, whose use has been discontinued pursuant to 
     the Detainee Treatment Act of 2005, and, with respect to each 
     such method, a statement of the general basis for such 
     determination.
       (3) A description of any actions that have been taken to 
     implement section 1004 of the Detainee Treatment Act of 2005 
     (119 Stat. 2740; 42 U.S.C. 2000dd-1), and, with respect to 
     each such action, a statement of the basis for such action.
       (4) Any other matters that the Director considers necessary 
     to fully and currently inform the congressional intelligence 
     committees about the implementation of the Detainee Treatment 
     Act of 2005.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in classified form.
       (d) Definitions.--In this section:
       (1) The term ``congressional intelligence committees'' 
     means--
       (A) the Select Committee on Intelligence of the Senate; and
       (B) the Permanent Select Committee of the House of 
     Representatives.
       (2) The term ``intelligence community'' means the elements 
     of the intelligence community specified in or designated 
     under section 3(4) of the National Security Act of 1947 (50 
     U.S.C. 401a(4)).

     SEC. 313. REPORT ON ANY CLANDESTINE DETENTION FACILITIES FOR 
                   INDIVIDUALS CAPTURED IN THE GLOBAL WAR ON 
                   TERRORISM.

       (a) In General.--The President shall ensure that the United 
     States Government continues to comply with the authorization, 
     reporting, and notification requirements of title V of the 
     National Security Act of 1947 (50 U.S.C. 413 et seq.).
       (b) Director of National Intelligence Report.--
       (1) Report required.--Not later than 60 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall provide to the members of the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives a report on any clandestine prison or 
     detention facility currently or formerly operated by the 
     United States Government for individuals captured in the 
     global war on terrorism.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) The date each prison or facility became operational 
     and, if applicable, the date on which each prison or facility 
     ceased its operations.
       (B) The total number of prisoners or detainees held at each 
     prison or facility during its operation.
       (C) The current number of prisoners or detainees held at 
     each operational prison or facility.
       (D) The total and average annual costs of each prison or 
     facility during its operation.
       (E) A description of the interrogation procedures used or 
     formerly used on detainees at each prison or facility, 
     including whether a determination has been made that such 
     procedures are or were in compliance with United States 
     obligations under the Geneva Conventions and the Convention 
     Against Torture.
       (3) Form of report.--The report required by paragraph (1) 
     shall be submitted in classified form.

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

      Subtitle A--Office of the Director of National Intelligence

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

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

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

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

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

       Section 102A(b) of the National Security Act of 1947 (50 
     U.S.C. 403-1(b)) is amended--
       (1) by inserting ``(1)'' before ``Unless''; and
       (2) by adding at the end the following new paragraph:
       ``(2) The Director of National Intelligence shall--
       ``(A) have access to all national intelligence, including 
     intelligence reports, operational data, and other associated 
     information, concerning the human intelligence operations of 
     any element of the intelligence community authorized to 
     undertake such collection;
       ``(B) consistent with the protection of intelligence 
     sources and methods and applicable requirements in Executive 
     Order 12333 (or any successor order) regarding the retention 
     and dissemination of information concerning United States 
     persons, ensure maximum access to the intelligence 
     information contained in the information referred to in 
     subparagraph (A) throughout the intelligence community; and
       ``(C) consistent with subparagraph (B), provide within the 
     Office of the Director of National Intelligence a mechanism 
     for intelligence community analysts and other officers with 
     appropriate clearances and an official need-to-know to gain 
     access to information referred to in subparagraph (A) or (B) 
     when relevant to their official responsibilities.''.

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

       Section 102A of the National Security Act of 1947 (50 
     U.S.C. 403-1) is amended by adding at the end the following 
     new subsection:
       ``(s) Additional Administrative Authorities.--(1) 
     Notwithstanding section 1532 of title 31, United States Code, 
     or any other provision of law prohibiting the interagency 
     financing of activities described in clause (i) or (ii) of 
     subparagraph (A), in the performance of the responsibilities, 
     authorities, and

[[Page S4539]]

     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) systematically identify and assess the most 
     significant intelligence challenges that require technical 
     solutions;
       ``(2) examine options to enhance the responsiveness of 
     research and design programs of the elements of the 
     intelligence community to meet the requirements of the 
     intelligence community for timely support; and
       ``(3) assist the Director of National Intelligence in 
     establishing research and development priorities and projects 
     for the intelligence community that--
       ``(A) are consistent with current or future national 
     intelligence requirements;
       ``(B) address deficiencies or gaps in the collection, 
     processing, analysis, or dissemination of national 
     intelligence;
       ``(C) take into account funding constraints in program 
     development and acquisition; and
       ``(D) address system requirements from collection to final 
     dissemination (also known as `end-to-end architecture').''.
       (c) Report.--(1) Not later than June 30, 2007, the Director 
     of National Intelligence shall submit to Congress a report 
     containing a strategy for the development and use of 
     technology in the intelligence community through 2021.
       (2) The report shall include--
       (A) an assessment of the highest priority intelligence gaps 
     across the intelligence community that may be resolved by the 
     use of technology;
       (B) goals for advanced research and development and a 
     strategy to achieve such goals;
       (C) an explanation of how each advanced research and 
     development project funded under the National Intelligence 
     Program addresses an identified intelligence gap;
       (D) a list of all current and projected research and 
     development projects by research type (basic, advanced, or 
     applied) with estimated funding levels, estimated initiation 
     dates, and estimated completion dates; and
       (E) a plan to incorporate technology from research and 
     development projects into National Intelligence Program 
     acquisition programs.
       (3) The report may be submitted in classified form.

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

       (a) Appointment.--
       (1) In general.--Subsection (a) of section 103G of the 
     National Security Act of 1947 (50 U.S.C. 403-3g) is amended 
     by striking ``the President, by and with the advice and 
     consent of the Senate'' and inserting ``the Director of 
     National Intelligence''.
       (2) Applicability.--The amendment made by paragraph (1) 
     shall take effect on the date of the enactment of this Act, 
     and shall apply with respect to any appointment of an 
     individual as Chief Information Officer of the Intelligence 
     Community that is made on or after that date.
       (b) Title.--Such section is further amended--
       (1) in subsection (a), by inserting ``of the Intelligence 
     Community'' after ``Chief Information Officer'';
       (2) in subsection (b), by inserting ``of the Intelligence 
     Community'' after ``Chief Information Officer'';
       (3) in subsection (c), by inserting ``of the Intelligence 
     Community'' after ``Chief Information Officer''; and
       (4) in subsection (d), by inserting ``of the Intelligence 
     Community'' after ``Chief Information Officer'' the first 
     place it appears.

     SEC. 408. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.

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


           ``INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY

       ``Sec. 103H.  (a) Office of Inspector General of 
     Intelligence Community.--There is within the Office of the 
     Director of National Intelligence an Office of the Inspector 
     General of the Intelligence Community.
       ``(b) Purpose.--The purpose of the Office of the Inspector 
     General of the Intelligence Community is to--
       ``(1) create an objective and effective office, 
     appropriately accountable to Congress, to initiate and 
     conduct independently investigations, inspections, and audits 
     relating to--
       ``(A) the programs and operations of the intelligence 
     community;
       ``(B) the elements of the intelligence community within the 
     National Intelligence Program; and
       ``(C) the relationships between the elements of the 
     intelligence community within the National Intelligence 
     Program and the other elements of the intelligence community;
       ``(2) recommend policies designed--
       ``(A) to promote economy, efficiency, and effectiveness in 
     the administration and implementation of such programs and 
     operations, and in such relationships; and
       ``(B) to prevent and detect fraud and abuse in such 
     programs, operations, and relationships;
       ``(3) provide a means for keeping the Director of National 
     Intelligence fully and currently informed about--
       ``(A) problems and deficiencies relating to the 
     administration and implementation of such programs and 
     operations, and to such relationships; and
       ``(B) the necessity for, and the progress of, corrective 
     actions; and
       ``(4) in the manner prescribed by this section, ensure that 
     the congressional intelligence committees are kept similarly 
     informed of--
       ``(A) significant problems and deficiencies relating to the 
     administration and implementation of such programs and 
     operations, and to such relationships; and
       ``(B) the necessity for, and the progress of, corrective 
     actions.
       ``(c) Inspector General of Intelligence Community.--(1) 
     There is an Inspector General of the Intelligence Community, 
     who shall be the head of the Office of the Inspector General 
     of the Intelligence Community, who shall be appointed by the 
     President, by and with the advice and consent of the Senate.
       ``(2) The nomination of an individual for appointment as 
     Inspector General shall be made--
       ``(A) without regard to political affiliation;
       ``(B) solely on the basis of integrity, compliance with the 
     security standards of the intelligence community, and prior 
     experience in the field of intelligence or national security; 
     and
       ``(C) on the basis of demonstrated ability in accounting, 
     financial analysis, law, management analysis, public 
     administration, or auditing.
       ``(3) The Inspector General shall report directly to and be 
     under the general supervision of the Director of National 
     Intelligence.
       ``(4) The Inspector General may be removed from office only 
     by the President. The President shall immediately communicate 
     in writing to the congressional intelligence committees the 
     reasons for the removal of any individual from the position 
     of Inspector General.
       ``(d) Duties and Responsibilities.--Subject to subsections 
     (g) and (h), it shall be the duty and responsibility of the 
     Inspector General of the Intelligence Community--
       ``(1) to provide policy direction for, and to plan, 
     conduct, supervise, and coordinate independently, the 
     investigations, inspections, and audits relating to the 
     programs

[[Page S4540]]

     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.
       ``(2) The Inspector General conducting an investigation, 
     inspection, or audit covered by paragraph (1) shall submit 
     the results of such investigation, inspection, or audit to 
     any other Inspector General, including the Inspector General 
     of the Intelligence Community, with jurisdiction to conduct 
     such investigation, inspection, or audit who did not conduct 
     such investigation, inspection, or audit.
       ``(3)(A) If an investigation, inspection, or audit covered 
     by paragraph (1) is conducted by an Inspector General other 
     than the Inspector General of the Intelligence Community, the 
     Inspector General of the Intelligence Community may, upon 
     completion of such investigation, inspection, or audit by 
     such other Inspector General, conduct under this section a 
     separate investigation, inspection, or audit of the matter 
     concerned if the Inspector General of the Intelligence 
     Community determines that such initial investigation, 
     inspection, or audit was deficient in some manner or that 
     further investigation, inspection, or audit is required.
       ``(B) This paragraph shall not apply to the Inspector 
     General of the Department of Defense or to any other 
     Inspector General within the Department of Defense.
       ``(h) Staff and Other Support.--(1) The Inspector General 
     of the Intelligence Community shall be provided with 
     appropriate and adequate office space at central and field 
     office locations, together with such equipment, office 
     supplies, maintenance services, and communications facilities 
     and services as may be necessary for the operation of such 
     offices.
       ``(2)(A) Subject to applicable law and the policies of the 
     Director of National Intelligence, the Inspector General 
     shall select, appoint, and employ such officers and employees 
     as may be necessary to carry out the functions of the 
     Inspector General. The Inspector General shall ensure that 
     any officer or employee so selected, appointed, or employed 
     has security clearances appropriate for the assigned duties 
     of such officer or employee.
       ``(B) In making selections under subparagraph (A), the 
     Inspector General shall ensure that such officers and 
     employees have the requisite training and experience to 
     enable the Inspector General to carry out the duties of the 
     Inspector General effectively.
       ``(C) In meeting the requirements of this paragraph, the 
     Inspector General shall create within the Office of the 
     Inspector General of the Intelligence Community a career 
     cadre of sufficient size to provide appropriate continuity 
     and objectivity needed for the effective performance of the 
     duties of the Inspector General.
       ``(3)(A) Subject to the concurrence of the Director, the 
     Inspector General may request such information or assistance 
     as may be necessary for carrying out the duties and 
     responsibilities of the Inspector General from any 
     department, agency, or other element of the United States 
     Government.
       ``(B) Upon request of the Inspector General for information 
     or assistance under subparagraph (A), the head of the 
     department, agency, or element concerned shall, insofar as is 
     practicable and not in contravention of any existing 
     statutory restriction or regulation of the department, 
     agency, or element, furnish to the Inspector General, or to 
     an authorized designee, such information or assistance.
       ``(C) The Inspector General of the Intelligence Community 
     may, upon reasonable notice to the head of any element of the 
     intelligence community, conduct, as authorized by this 
     section, an investigation, inspection, or audit of such 
     element and may enter into any place occupied by such element 
     for purposes of the performance of the duties of the 
     Inspector General.

[[Page S4541]]

       ``(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 operation of an intelligence 
     activity involving classified information, but does not 
     include differences of opinions concerning public policy 
     matters.
       ``(ii) A false statement to Congress, or a willful 
     withholding from Congress, on an issue of material fact 
     relating to the funding, administration, or operation of an 
     intelligence activity.
       ``(iii) An action, including a personnel action described 
     in section 2302(a)(2)(A) of title 5, United States Code, 
     constituting reprisal or threat of reprisal prohibited under 
     subsection (f)(3)(B) of this section in response to an 
     employee's reporting an urgent concern in accordance with 
     this paragraph.
       ``(H) In support of this paragraph, Congress makes the 
     findings set forth in paragraphs (1) through (6) of section 
     701(b) of the Intelligence Community Whistleblower Protection 
     Act of 1998 (title VII of Public Law 105-272; 5 U.S.C. App. 
     8H note).
       ``(6) In accordance with section 535 of title 28, United 
     States Code, the Inspector General shall report to the 
     Attorney General any information, allegation, or complaint 
     received by the Inspector General relating to violations of 
     Federal criminal law that involves a program or operation of 
     an element of the intelligence community, or in the 
     relationships between the elements of the intelligence 
     community, consistent with such guidelines as may be issued 
     by the Attorney General pursuant to subsection (b)(2) of such 
     section. A copy of each such report shall be furnished to the 
     Director.
       ``(j) Separate Budget Account.--The Director of National 
     Intelligence shall, in accordance with procedures to be 
     issued by the Director in consultation with the congressional 
     intelligence committees, include in the National Intelligence 
     Program budget a separate account for the Office of Inspector 
     General of the Intelligence Community.
       ``(k) Construction of Duties Regarding Elements of 
     Intelligence Community.--Except as resolved pursuant to 
     subsection (g), the performance by the Inspector General of 
     the Intelligence Community of any duty, responsibility, or 
     function regarding an element of the intelligence community 
     shall not be construed to modify or effect the duties and 
     responsibilities of any other Inspector General, whether 
     statutory or administrative, having duties and 
     responsibilities relating to such element.''.
       (2) The table of contents in the first section of the 
     National Security Act of 1947 is amended by inserting after 
     the item relating to section 103G the following new item:


[[Page S4542]]


``Sec. 103H. Inspector General of the Intelligence Community.''.
       (b) Repeal of Superseded Authority To Establish Position.--
     Section 8K of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is repealed.
       (c) Executive Schedule Level IV.--Section 5314 of title 5, 
     United States Code, is amended by adding at the end the 
     following new item:
       ``Inspector General of the Intelligence Community.''.

     SEC. 409. LEADERSHIP AND LOCATION OF CERTAIN OFFICES AND 
                   OFFICIALS.

       (a) National Counter Proliferation Center.--Section 119A(a) 
     of the National Security Act of 1947 (50 U.S.C. 404o-1(a)) is 
     amended--
       (1) by striking ``(a) Establishment.--Not later than 18 
     months after the date of the enactment of the National 
     Security Intelligence Reform Act of 2004, the'' and inserting 
     the following:
       ``(a) In General.--
       ``(1) Establishment.--The''; and
       (2) by adding at the end the following new paragraphs:
       ``(2) Director.--The head of the National Counter 
     Proliferation Center shall be the Director of the National 
     Counter Proliferation Center, who shall be appointed by the 
     Director of National Intelligence.
       ``(3) Location.--The National Counter Proliferation Center 
     shall be located within the Office of the Director of 
     National Intelligence.''.
       (b) Officers.--Section 103(c) of that Act (50 U.S.C. 403-
     3(c)) is amended--
       (1) by redesignating paragraph (9) as paragraph (13); and
       (2) by inserting after paragraph (8) the following new 
     paragraphs:
       ``(9) The Chief Information Officer of the Intelligence 
     Community.
       ``(10) The Inspector General of the Intelligence Community.
       ``(11) The Director of the National Counterterrorism 
     Center.
       ``(12) The Director of the National Counter Proliferation 
     Center.''.

     SEC. 410. NATIONAL SPACE INTELLIGENCE CENTER.

       (a) Establishment.--
       (1) In general.--Title I of the National Security Act of 
     1947 (50 U.S.C. 401 et seq.) is amended by adding after 
     section 119B the following new section:


                  ``NATIONAL SPACE INTELLIGENCE CENTER

       ``Sec. 119C.  (a) Establishment.--There is established 
     within the Office of the Director of National Intelligence a 
     National Space Intelligence Center.
       ``(b) Director of National Space Intelligence Center.--The 
     National Intelligence Officer for Science and Technology, or 
     a successor position designated by the Director of National 
     Intelligence, shall act as the Director of the National Space 
     Intelligence Center.
       ``(c) Missions.--The National Space Intelligence Center 
     shall have the following missions:
       ``(1) To coordinate and provide policy direction for the 
     management of space-related intelligence assets.
       ``(2) To prioritize collection activities consistent with 
     the National Intelligence Collection Priorities framework, or 
     a successor framework or other document designated by the 
     Director of National Intelligence.
       ``(3) To provide policy direction for programs designed to 
     ensure a sufficient cadre of government and nongovernment 
     personnel in fields relating to space intelligence, including 
     programs to support education, recruitment, hiring, training, 
     and retention of qualified personnel.
       ``(4) To evaluate independent analytic assessments of 
     threats to classified United States space intelligence 
     systems throughout all phases of the development, 
     acquisition, and operation of such systems.
       ``(d) Access to Information.--The Director of National 
     Intelligence shall ensure that the National Space 
     Intelligence Center has access to all national intelligence 
     information (as appropriate), and such other information (as 
     appropriate and practical), necessary for the Center to carry 
     out the missions of the Center under subsection (c).
       ``(e) Separate Budget Account.--The Director of National 
     Intelligence shall include in the National Intelligence 
     Program budget a separate line item for the National Space 
     Intelligence Center.''.
       (2) Clerical amendment.--The table of contents for that Act 
     is amended by inserting after the item relating to section 
     119B the following new item:

``Sec. 119C. National Space Intelligence Center.''.
       (b) Report on Organization of Center.--
       (1) Report required.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of the 
     National Space Intelligence Center shall submit to the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives a report on the organizational structure of 
     the National Space Intelligence Center established by section 
     119C of the National Security Act of 1947 (as added by 
     subsection (a)).
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) The proposed organizational structure of the National 
     Space Intelligence Center.
       (B) An identification of key participants in the Center.
       (C) A strategic plan for the Center during the five-year 
     period beginning on the date of the report.

     SEC. 411. OPERATIONAL FILES IN THE OFFICE OF THE DIRECTOR OF 
                   NATIONAL INTELLIGENCE.

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


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

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

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

     SEC. 412. ELIGIBILITY FOR INCENTIVE AWARDS OF PERSONNEL 
                   ASSIGNED TO THE OFFICE OF THE DIRECTOR OF 
                   NATIONAL INTELLIGENCE.

       (a) In General.--Subsection (a) of section 402 of the 
     Intelligence Authorization Act for Fiscal Year 1984 (50 
     U.S.C. 403e-1) is amended to read as follows:
       ``(a) Authority for Payment of Awards.--(1) The Director of 
     National Intelligence may exercise the authority granted in 
     section 4503 of title 5, United States Code, with respect to 
     Federal employees and members of the Armed Forces detailed or 
     assigned to the Office of the Director of National 
     Intelligence in the same manner as such authority may be 
     exercised with respect to personnel of the Office.
       ``(2) The Director of the Central Intelligence Agency may 
     exercise the authority granted in section 4503 of title 5, 
     United States Code, with respect to Federal employees and 
     members of the Armed Forces detailed or assigned to the 
     Central Intelligence Agency in the same manner as such 
     authority may be exercised with respect to personnel of the 
     Agency.''.

[[Page S4543]]

       (b) Repeal of Obsolete Authority.--That section is further 
     amended--
       (1) by striking subsection (c); and
       (2) by redesignating subsection (d) as subsection (c).
       (c) Expeditious Payment.--That section is further amended 
     by adding at the end the following new subsection (d):
       ``(d) Expeditious Payment.--Payment of an award under this 
     authority in this section shall be made as expeditiously as 
     is practicable after the making of the award.''.
       (d) Conforming Amendments.--That section is further 
     amended--
       (1) in subsection (b), by striking ``to the Central 
     Intelligence Agency or to the Intelligence Community Staff'' 
     and inserting ``to the Office of the Director of National 
     Intelligence or to the Central Intelligence Agency''; and
       (2) in subsection (c), as redesignated by subsection (b)(2) 
     of this section, by striking ``Director of Central 
     Intelligence'' and inserting ``Director of National 
     Intelligence or Director of the Central Intelligence 
     Agency''.
       (e) Technical and Stylistic Amendments.--That section is 
     further amended--
       (1) in subsection (b)--
       (A) by inserting ``Personnel Eligible for Awards.--'' after 
     ``(b)'';
       (B) by striking ``subsection (a) of this section'' and 
     inserting ``subsection (a)''; and
       (C) by striking ``a date five years before the date of 
     enactment of this section'' and inserting ``December 9, 
     1978''; and
       (2) in subsection (c), as so redesignated, by inserting 
     ``Payment and Acceptance of Awards.--'' after ``(c)''.

     SEC. 413. REPEAL OF CERTAIN AUTHORITIES RELATING TO THE 
                   OFFICE OF THE NATIONAL COUNTERINTELLIGENCE 
                   EXECUTIVE.

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

     SEC. 414. INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT 
                   TO ADVISORY COMMITTEES OF THE OFFICE OF THE 
                   DIRECTOR OF NATIONAL INTELLIGENCE.

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

     SEC. 415. MEMBERSHIP OF THE DIRECTOR OF NATIONAL INTELLIGENCE 
                   ON THE TRANSPORTATION SECURITY OVERSIGHT BOARD.

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

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

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

                Subtitle B--Central Intelligence Agency

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

       (a) Establishment of Position of Deputy Director of Central 
     Intelligence Agency.--Section 104A of the National Security 
     Act of 1947 (50 U.S.C. 403-4a) is 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 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.''.
       (b) Conforming Amendment.--Paragraph (2) of subsection (d) 
     of such section, as redesignated by subsection (a)(1) of this 
     section, is further amended by striking ``subsection (d)'' 
     and inserting ``subsection (e)''.
       (c) 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.''.
       (d) 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.''.
       (e) Military Status of Individual Serving as Director of 
     Central Intelligence Agency or Administratively Performing 
     Duties of Deputy Director of Central Intelligence Agency.--
     (1) A commissioned officer of the Armed Forces who is serving 
     as the Director of the Central Intelligence Agency or is 
     engaged in administrative performance of the duties of Deputy 
     Director of the Central Intelligence Agency as of the date of 
     the enactment of this Act shall not, while continuing in such 
     service, or in the administrative performance of such duties, 
     after that date--
       (A) be subject to supervision or control by the Secretary 
     of Defense or by any officer or employee of the Department of 
     Defense; or
       (B) exercise, by reason of the officer's status as a 
     commissioned officer, any supervision or control with respect 
     to any of the military or civilian personnel of the 
     Department of Defense except as otherwise authorized by law.
       (2) Except as provided in subparagraph (A) or (B) of 
     paragraph (1), the service, or the administrative performance 
     of duties, described in that paragraph by an officer 
     described in that paragraph shall not affect the status, 
     position, rank, or grade of such officer in the Armed Forces, 
     or any emolument, perquisite, right, privilege, or benefit 
     incident to or arising out of such status, position, rank, or 
     grade.
       (3) A commissioned officer described in paragraph (1), 
     while serving, or continuing in the administrative 
     performance of duties, as described in that paragraph and 
     while remaining on active duty, shall continue to receive 
     military pay and allowances. Funds from which such pay and 
     allowances are paid shall be reimbursed from funds available 
     to the Director of the Central Intelligence Agency.
       (f) Effective Date and Applicability.--The amendments made 
     by subsections (a) through (d) shall take effect on the date 
     of the enactment of this Act and shall apply upon the date of 
     the cessation of the performance of the duties of Deputy 
     Director of the Central Intelligence Agency by the individual 
     administratively performing such duties as of the date of the 
     enactment of this Act.

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

       (a) Responsibility of Director of Central Intelligence 
     Agency Under National Security Act of 1947.--Subsection (e) 
     of section 104A of the National Security Act of 1947 (50 
     U.S.C. 403-4a), as redesignated by section 421(b)(1) of this 
     Act, is further amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) by redesignating paragraph (4) as paragraph (5); and
       (3) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) protect intelligence sources and methods of the 
     Central Intelligence Agency from unauthorized disclosure, 
     consistent with any direction issued by the President or the 
     Director of National Intelligence; and''.
       (b) Protection Under Central Intelligence Agency Act of 
     1949.--Section 6 of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 403g) is amended by striking ``section 
     102A(i)'' and all that follows through ``unauthorized 
     disclosure'' and inserting ``sections 102A(i) and 104A(e)(4) 
     of the National Security Act of 1947 (50 U.S.C. 403-1(i), 
     403-4a(e)(4))''.
       (c) Construction With Exemption From Requirement for 
     Disclosure of Information to Public.--Section 104A(e)(4) of 
     the National Security Act of 1947, as amended by subsection 
     (a), and section 6 of the Central Intelligence Agency Act of 
     1949, as amended by subsection (b), shall be treated as 
     statutes that specifically exempt from disclosure the matters 
     specified in such sections for purposes of section 552(b)(3) 
     of title 5, United States Code.
       (d) Technical Amendments to Central Intelligence Agency 
     Retirement Act.--Section 201(c) of the Central Intelligence 
     Agency Retirement Act (50 U.S.C. 2011(c)) is amended--
       (1) in the subsection caption, by striking ``of DCI'';
       (2) by striking ``section 102A(i)'' and inserting 
     ``sections 102A(i) and 104A(e)(4)'';
       (3) by striking ``of National Intelligence''; and
       (4) by inserting ``of the Central Intelligence Agency'' 
     after ``methods''.

[[Page S4544]]

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

       (a) Additional Exception.--Subsection (h) of section 104A 
     of the National Security Act of 1947 (50 U.S.C. 403-4a), as 
     redesignated by section 421(b)(1) of this Act, is further 
     amended--
       (1) in paragraph (1)--
       (A) by striking ``paragraph (2)'' and inserting 
     ``paragraphs (2) and (3)''; and
       (B) by striking ``Directorate of Operations'' and inserting 
     ``National Clandestine Service'';
       (2) in paragraph (2), by striking ``position or category of 
     positions'' each place it appears and inserting ``individual, 
     individuals, position, or category of positions''; and
       (3) by adding at the end the following new paragraph:
       ``(3) Paragraph (1) shall not apply to any individual in 
     the Directorate of Intelligence or the National Clandestine 
     Service of the Central Intelligence Agency who is serving in 
     a Senior Intelligence Service position as of December 23, 
     2005, regardless of whether such individual is a member of 
     the Senior Intelligence Service.''.
       (b) Report on Waivers.--Section 611(c) of the Intelligence 
     Authorization Act for Fiscal Year 2005 (Public Law 108-487; 
     118 Stat. 3955) is amended--
       (1) by striking the first sentence and inserting the 
     following new sentence: ``The Director of the Central 
     Intelligence Agency shall submit to Congress a report that 
     identifies individuals who, or positions within the Senior 
     Intelligence Service in the Directorate of Intelligence or 
     the National Clandestine Service of the Central Intelligence 
     Agency that, are determined by the Director to require a 
     waiver under subsection (h) of section 104A of the National 
     Security Act of 1947, as added by subsection (a) and 
     redesignated by section 421(b)(1) of the Intelligence 
     Authorization Act for Fiscal Year 2007.''; and
       (2) in the second sentence--
       (A) by striking ``section 104A(g)(2), as so added'' and 
     inserting ``subsection (h)(2) of section 104A, as so added 
     and redesignated''; and
       (B) by striking ``position or category of positions'' and 
     inserting ``individual, individuals, position, or category of 
     positions''.

     SEC. 424. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR PROTECTIVE 
                   PERSONNEL OF THE CENTRAL INTELLIGENCE AGENCY.

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

     SEC. 425. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON 
                   RETIREMENT BENEFITS FOR FORMER EMPLOYEES OF AIR 
                   AMERICA.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to Congress a report on the 
     advisability of providing Federal retirement benefits to 
     United States citizens for the service of such individuals 
     before 1977 as employees of Air America or an associated 
     company while such company was owned or controlled by the 
     United States Government and operated or managed by the 
     Central Intelligence Agency.
       (b) Report Elements.--(1) The report required by subsection 
     (a) shall include the following:
       (A) The history of Air America and associated companies 
     before 1977, including a description of--
       (i) the relationship between such companies and the Central 
     Intelligence Agency and other elements of the United States 
     Government;
       (ii) the workforce of such companies;
       (iii) the missions performed by such companies and their 
     employees for the United States; and
       (iv) the casualties suffered by employees of such companies 
     in the course of their employment with such companies.
       (B) A description of the retirement benefits contracted for 
     or promised to the employees of such companies before 1977, 
     the contributions made by such employees for such benefits, 
     the retirement benefits actually paid such employees, the 
     entitlement of such employees to the payment of future 
     retirement benefits, and the likelihood that former employees 
     of such companies will receive any future retirement 
     benefits.
       (C) An assessment of the difference between--
       (i) the retirement benefits that former employees of such 
     companies have received or will receive by virtue of their 
     employment with such companies; and
       (ii) the retirement benefits that such employees would have 
     received and in the future receive if such employees had 
     been, or would now be, treated as employees of the United 
     States whose services while in the employ of such companies 
     had been or would now be credited as Federal service for the 
     purpose of Federal retirement benefits.
       (D) The recommendations of the Director regarding the 
     advisability of legislative action to treat employment at 
     such companies as Federal service for the purpose of Federal 
     retirement benefits in light of the relationship between such 
     companies and the United States Government and the services 
     and sacrifices of such employees to and for the United 
     States, and if legislative action is considered advisable, a 
     proposal for such action and an assessment of its costs.
       (2) The Director of National Intelligence shall include in 
     the report any views of the Director of the Central 
     Intelligence Agency on the matters covered by the report that 
     the Director of the Central Intelligence Agency considers 
     appropriate.
       (c) Assistance of Comptroller General.--The Comptroller 
     General of the United States shall, upon the request of the 
     Director of National Intelligence and in a manner consistent 
     with the protection of classified information, assist the 
     Director in the preparation of the report required by 
     subsection (a).
       (d) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (e) Definitions.--In this section:
       (1) The term ``Air America'' means Air America, 
     Incorporated.
       (2) The term ``associated company'' means any company 
     associated with or subsidiary to Air America, including Air 
     Asia Company Limited and the Pacific Division of Southern Air 
     Transport, Incorporated.

              Subtitle C--Defense Intelligence Components

     SEC. 431. ENHANCEMENTS OF NATIONAL SECURITY AGENCY TRAINING 
                   PROGRAM.

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

     SEC. 432. CODIFICATION OF AUTHORITIES OF NATIONAL SECURITY 
                   AGENCY PROTECTIVE PERSONNEL.

       The National Security Agency Act of 1959 (50 U.S.C. 402 
     note) is amended by adding at the end the following new 
     section:
       ``Sec. 21. (a) The Director is authorized to designate 
     personnel of the Agency to perform protective functions for 
     the Director and for any personnel of the Agency designated 
     by the Director.
       ``(b)(1) In the performance of protective functions under 
     this section, personnel of the Agency designated to perform 
     protective functions pursuant to subsection (a) are 
     authorized, when engaged in the performance of such 
     functions, to make arrests without a warrant for--
       ``(A) any offense against the United States committed in 
     the presence of such personnel; or
       ``(B) any felony cognizable under the laws of the United 
     States if such personnel have reasonable grounds to believe 
     that the person to be arrested has committed or is committing 
     such felony.
       ``(2) The authority in paragraph (1) may be exercised only 
     in accordance with guidelines approved by the Director and 
     the Attorney General.
       ``(3) Personnel of the Agency designated to perform 
     protective functions pursuant to subsection (a) shall not 
     exercise any authority for the service of civil process or 
     the investigation of criminal offenses.
       ``(c) Nothing in this section shall be construed to impair 
     or otherwise affect any authority under any other provision 
     of law relating to the performance of protective 
     functions.''.

     SEC. 433. INSPECTOR GENERAL MATTERS.

       (a) Coverage Under Inspector General Act of 1978.--
     Subsection (a)(2) of section 8G of the Inspector General Act 
     of 1978 (5 U.S.C. App. 8G) is amended--
       (1) by inserting ``the Defense Intelligence Agency,'' after 
     ``the Corporation for Public Broadcasting,'';
       (2) by inserting ``the National Geospatial-Intelligence 
     Agency,'' after ``the National Endowment for the Arts,''; and
       (3) by inserting ``the National Reconnaissance Office, the 
     National Security Agency,'' after ``the National Labor 
     Relations Board,''.

[[Page S4545]]

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

     SEC. 434. CONFIRMATION OF APPOINTMENT OF HEADS OF CERTAIN 
                   COMPONENTS OF THE INTELLIGENCE COMMUNITY.

       (a) Director of National Security Agency.--The National 
     Security Agency Act of 1959 (50 U.S.C. 402 note) is amended 
     by inserting after the first section the following new 
     section:
       ``Sec. 2. (a) There is a Director of the National Security 
     Agency.
       ``(b) The Director of the National Security Agency shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate.
       ``(c) The Director of the National Security Agency shall be 
     the head of the National Security Agency and shall discharge 
     such functions and duties as are provided by this Act or 
     otherwise by law.''.
       (b) Director of National Geospatial-Intelligence Agency.--
     Section 441(b) of title 10, United States Code, is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) The Director of the National Geospatial Intelligence 
     Agency shall be appointed by the President, by and with the 
     advice and consent of the Senate.''.
       (c) Director of National Reconnaissance Office.--The 
     Director of the National Reconnaissance Office shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate.
       (d) Positions of Importance and Responsibility.--
       (1) Designation of positions.--The President may designate 
     any of the positions referred to in paragraph (2) as 
     positions of importance and responsibility under section 601 
     of title 10, United States Code.
       (2) Covered positions.--The positions referred to in this 
     paragraph are as follows:
       (A) The Director of the National Security Agency.
       (B) The Director of the National Geospatial-Intelligence 
     Agency.
       (C) The Director of the National Reconnaissance Office.
       (e) Effective Date and Applicability.--(1) The amendments 
     made by subsections (a) and (b), and subsection (c), shall 
     take effect on the date of the enactment of this Act and 
     shall apply upon the earlier of--
       (A) the date of the nomination by the President of an 
     individual to serve in the position concerned, except that 
     the individual serving in such position as of the date of the 
     enactment of this Act may continue to perform such duties 
     after such date of nomination and until the individual 
     appointed to such position, by and with the advice and 
     consent of the Senate, assumes the duties of such position; 
     or
       (B) the date of the cessation of the performance of the 
     duties of such position by the individual performing such 
     duties as of the date of the enactment of this Act.
       (2) Subsection (d) shall take effect on the date of the 
     enactment of this Act.

     SEC. 435. CLARIFICATION OF NATIONAL SECURITY MISSIONS OF 
                   NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY FOR 
                   ANALYSIS AND DISSEMINATION OF CERTAIN 
                   INTELLIGENCE INFORMATION.

       Section 442(a) of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraph (2) as paragraph (3);
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2)(A) As directed by the Director of National 
     Intelligence, the National Geospatial-Intelligence Agency 
     shall also analyze, disseminate, and incorporate into the 
     National System for Geospatial-Intelligence, likenesses, 
     videos, or presentations produced by ground-based platforms, 
     including handheld or clandestine photography taken by or on 
     behalf of human intelligence collection organizations or 
     available as open-source information.
       ``(B) The authority provided by this paragraph does not 
     include the authority to manage or direct the tasking of, set 
     requirements and priorities for, set technical requirements 
     related to, or modify any classification or dissemination 
     limitations related to the collection of, handheld or 
     clandestine photography taken by or on behalf of human 
     intelligence collection organizations.''; and
       (3) in paragraph (3), as so redesignated, by striking 
     ``paragraph (1)'' and inserting ``paragraphs (1) and (2)''.

     SEC. 436. SECURITY CLEARANCES IN THE NATIONAL GEOSPATIAL-
                   INTELLIGENCE AGENCY.

       The Secretary of Defense shall, during the period beginning 
     on the date of the enactment of this Act and ending on 
     December 31, 2007, delegate to the Director of the National 
     Geospatial-Intelligence Agency personnel security authority 
     with respect to the National Geospatial-Intelligence Agency 
     (including authority relating to the use of contractor 
     personnel in investigations and adjudications for security 
     clearances) that is identical to the personnel security 
     authority of the Director of the National Security Agency 
     with respect to the National Security Agency.

                       Subtitle D--Other Elements

     SEC. 441. FOREIGN LANGUAGE INCENTIVE FOR CERTAIN NON-SPECIAL 
                   AGENT EMPLOYEES OF THE FEDERAL BUREAU OF 
                   INVESTIGATION.

       (a) Authority To Pay Incentive.--The Director of the 
     Federal Bureau of Investigation may pay a cash award 
     authorized by section 4523 of title 5, United States Code, in 
     accordance with the provisions of such section, to any 
     employee of the Federal Bureau of Investigation described in 
     subsection (b) as if such employee were a law enforcement 
     officer as specified in such section.
       (b) Covered Employees.--An employee of the Federal Bureau 
     of Investigation described in this subsection is any employee 
     of the Federal Bureau of Investigation--
       (1) who uses foreign language skills in support of the 
     analyses, investigations, or operations of the Bureau to 
     protect against international terrorism or clandestine 
     intelligence activities (or maintains foreign language skills 
     for purposes of such 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. 442. 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.
       ``(c) Contract To Be Appropriate Means of Securing 
     Services.--The chief contracting officer of the Department of 
     State

[[Page S4546]]

     shall ensure that each contract entered into by the Secretary 
     under this section is the appropriate means of securing the 
     services to be provided under such contract.''.

     SEC. 443. CLARIFICATION OF INCLUSION OF COAST GUARD AND DRUG 
                   ENFORCEMENT ADMINISTRATION AS ELEMENTS OF 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)--
       (A) by inserting ``the Coast Guard,'' after ``the Marine 
     Corps,''; and
       (B) by inserting ``the Drug Enforcement Administration,'' 
     after ``the Federal Bureau of Investigation,''; and
       (2) in subparagraph (K), by striking ``, including the 
     Office of Intelligence of the Coast Guard''.

     SEC. 444. 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)'';
       (ii) in paragraph (5)(A), by striking ``or personnel'' in 
     the matter preceding clause (i); and
       (iii) in paragraph (5)(B), by striking ``or agency 
     involved'' in the second sentence and inserting ``involved or 
     the Director of the Central Intelligence Agency (in the case 
     of the Central Intelligence Agency)'';
       (C) in subsection (l)(2)(B), by striking ``section'' and 
     inserting ``paragraph''; and
       (D) in subsection (n), by inserting ``and Other'' after 
     ``Acquisition''.
       (2) In section 119(c)(2)(B) (50 U.S.C. 404o(c)(2)(B)), by 
     striking ``subsection (h)'' and inserting ``subsection (i)''.
       (3) In section 705(e)(2)(D)(i) (50 U.S.C. 
     432c(e)(2)(D)(i)), by striking ``responsible'' and inserting 
     ``responsive''.

     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 striking ``annual budgets 
     for the Joint Military Intelligence Program and for Tactical 
     Intelligence and Related Activities'' and inserting ``annual 
     budget for the Military Intelligence Program or any successor 
     program or programs''; and
       (2) in subsection (d)(1)(B), by striking ``Joint Military 
     Intelligence Program'' and inserting ``Military Intelligence 
     Program or any successor program or programs''.

     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 further 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 (5 U.S.C. 601 note)--
       (A) in subsection (d)(4)(A), by striking ``National 
     Intelligence Director'' and inserting ``Director of National 
     Intelligence''; and
       (B) in subsection (h), 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 AMENDMENTS TO TITLE 10, UNITED STATES 
                   CODE, ARISING FROM ENACTMENT OF THE 
                   INTELLIGENCE REFORM AND TERRORISM PREVENTION 
                   ACT OF 2004.

       (a) References to Head of Intelligence Community.--Title 
     10, United States Code, is amended by striking ``Director of 
     Central Intelligence'' each place it appears in a provision 
     as follows and inserting ``Director of National 
     Intelligence'':
       (1) Section 193(d)(2).
       (2) Section 193(e).
       (3) Section 201(a).
       (4) Section 201(b)(1).
       (5) Section 201(c)(1).
       (6) Section 425(a).
       (7) Section 431(b)(1).
       (8) Section 441(c).
       (9) Section 441(d).
       (10) Section 443(d).
       (11) Section 2273(b)(1).
       (12) Section 2723(a).
       (b) Clerical Amendments.--Such title is further amended by 
     striking ``Director of Central Intelligence'' each place it 
     appears in a provision as follows and inserting ``Director of 
     National Intelligence'':
       (1) Section 441(c).
       (2) Section 443(d).
       (c) Reference to Head of Central Intelligence Agency.--
     Section 444 of such title is amended by striking ``Director 
     of Central Intelligence'' each place it appears and inserting 
     ``Director of the Central Intelligence Agency''.

     SEC. 505. 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. 506. 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. 507. 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. 508. 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 (x)).
       (F) Section 5342(a)(1) (in clause (K)).
       (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

[[Page S4547]]

     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)(1) 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''.
                                 ______
                                 
  SA 878. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 372, to authorize appropriations for fiscal year 
2007 for the intelligence and intelligence-related activities of the 
United States Government, the Intelligence Community Management 
Account, and the Central Intelligence Agency Retirement and Disability 
System, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place insert:

     SEC. __. JURISDICTION OVER INTELLIGENCE APPROPRIATIONS.

       Notwithstanding subparagraph (b) of paragraph 1 of rule XXV 
     of the Standing Rules of the Senate, the Select Committee on 
     Intelligence shall have jurisdiction over all proposed 
     legislation, messages, petitions, memorials, and other 
     matters relating to appropriation, rescission of 
     appropriations, and new spending authority related to funding 
     for intelligence matters.
                                 ______
                                 
  SA 879. Mr. INHOFE (for himself and Mr. Craig) submitted an amendment 
intended to be proposed by him to the bill S. 372, to authorize 
appropriations for fiscal year 2007 for the intelligence and 
intelligence-related activities of the United States Government, the 
Intelligence Community Management Account, and the Central Intelligence 
Agency Retirement and Disability System, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end, insert the following:

     SEC. __. SENSE OF CONGRESS REGARDING PRESIDENTIAL AUTHORITY 
                   TO CONTROL FOREIGN POLICY.

       (a) Findings.--Congress finds the following:
       (1) Article II, section 1 of the Constitution of the United 
     States grants ``executive Power'' to the President of the 
     United States.
       (2) James Madison wrote in Federalist No. 47 that Charles 
     de Montesquieu was ``[t]he oracle who is always consulted and 
     cited'' on issues dealing with separation of powers, and, in 
     ``The Spirit of the Laws'', Montesquieu defined the executive 
     power ``in respect to things dependent on the law of 
     nations'' and as the power by which the ``magistrate . . . 
     makes peace or war, sends or receives embassies, establishes 
     the public security, and provides against invasions''.
       (3) In a speech to Congress in 1789, James Madison noted 
     that the ``association of the Senate with the President in 
     exercising [the appointment] function, is an exception to 
     this general rule [that executive power is vested solely in 
     the President]; and exceptions to general rules . . . are 
     ever to be taken strictly''.
       (4) In 1790, Thomas Jefferson wrote, ``The transaction of 
     business with foreign nations is executive altogether. It 
     belongs, then, to the head of that department, except as to 
     such portions of it as are specially submitted to the Senate. 
     Exceptions are to be construed strictly.''.
       (5) Alexander Hamilton reaffirmed this view in 1793, 
     asserting ``that as the participation of the Senate in the 
     making of treaties, and the power of the legislature to 
     declare war, are exceptions out of the general `executive 
     power' vested in the President, they are to be construed 
     strictly, and ought to be extended no further than is 
     essential to their execution''.
       (6) John Marshall, during his congressional term in 1799, 
     reaffirmed that the President was ``the sole organ of the 
     nation in its external relations'' because ``[h]e possesses 
     the whole Executive Power''.
       (7) In 1936, the Supreme Court, in United States v. 
     Curtiss-Wright Export Corporation, 299 U.S. 304, stated, 
     ``Not only, as we have shown, is the federal power over 
     external affairs in origin and essential character different 
     from that over internal affairs, but participation in the 
     exercise of the power is significantly limited. In this vast 
     external realm, with its important, complicated, delicate and 
     manifold problems, the President alone has the power to speak 
     or listen as a representative of the nation. He makes 
     treaties with the advise and consent of the Senate; but he 
     alone negotiates. Into the field of negotiation the Senate 
     cannot intrude, and Congress itself is powerless to invade 
     it.''.
       (8) Section 953 of title 18, United States Code, originally 
     enacted in 1799 as the Logan Act (1 Stat. 613), states, ``Any 
     citizen of the United States, wherever he may be, who, 
     without authority of the United States, directly or 
     indirectly commences or carries on any correspondence or 
     intercourse with any foreign government or any officer or 
     agent thereof, with intent to influence the measures or 
     conduct of any foreign government or of any officer or agent 
     thereof, in relation to any disputes or controversies with 
     the United States, or to defeat the measures of the United 
     States, shall be fined under this title or imprisoned not 
     more than three years, or both. This section shall not 
     abridge the right of a citizen to apply himself, or his 
     agent, to any foreign government, or the agents thereof, for 
     redress of any injury which he may have sustained from such 
     government or any of its agents or subjects.''.
       (9) In 1952, Senator Arthur Vandenberg asserted that 
     ``politics stop at the water's edge''.
       (10) Intrusions on the executive power of the President by 
     Members of Congress have had negative effects on foreign 
     policy, and, in the past, some Members of Congress have tried 
     to subvert the goals and aims of the executive branch by 
     pursuing foreign policy goals that are contrary to those of 
     the President.
       (11) In 1987 and 1988, Speaker of the House Jim Wright 
     attempted to engage in diplomacy between the Sandinista 
     Government of Nicaragua and the Contra regime against the 
     expressed aims of President Ronald Reagan. Speaker Wright's 
     actions undermined the authority and leveraging power of the 
     President at a crucial time in the Nation's history and also 
     ignored the finding of the Permanent Select Committee on 
     Intelligence of the House of Representatives that the 
     Government of Nicaragua was planning to use military force 
     against coterminous states.
       (12) In 1980, Representative Charlie Wilson began urging 
     the Central Intelligence Agency to arm Afghani mujahideen 
     fighters. The decision to double funding to Afghanistan was 
     unsolicited and was made without the knowledge of the 
     President. The book ``Charlie Wilson's War'', written by 
     George Crile, asserts that Representative Wilson thus 
     violated the Logan Act.
       (13) In 1983, the decision of Congress to attach a 
     stipulation to legislation authorizing the extension of the 
     presence of the Marines in Beirut, which stated that the 
     extension could be withdrawn if fatalities continued, 
     possibly led to the suicide bombing of the Marine barracks on 
     October 23, 1983, causing the deaths of 241 members of the 
     Armed Forces of the United States.
       (14) It is essential that the President alone have the 
     ability to formulate foreign policy and engage in diplomacy.
       (15) The offices of the Speaker of the House of 
     Representatives and the Majority Leader of the Senate are 
     positions of special responsibility, seen as 
     ``authoritative'' by foreign governments, and thus, the 
     Speaker of the House and the Majority Leader of the Senate 
     should be held accountable for actions that may be seen by 
     foreign governments as contrary to the foreign policy goals 
     of the President.
       (16) Recent actions by Speaker of the House Nancy Pelosi, 
     whether intentionally or unintentionally, have undermined the 
     President's foreign policy toward Syria by giving a false 
     impression of the positions of the United States and Israel 
     on negotiations with the Government of Syria.
       (17) It is essential that Members of Congress be viewed as 
     supportive of the President's execution of foreign policy.
       (18) It is harmful and dangerous for the executive power of 
     the President to be subjugated by Congress.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) it is not in the interests of the United States for 
     Members of Congress to intervene in disputes between the 
     United States Government and governments of foreign countries 
     without the authorization of the President; and
       (2) Members of Congress should heed the foreign policies of 
     the President while traveling outside the United States and 
     meeting with foreign governments.
                                 ______
                                 
  SA 880. Mr. INHOFE (for himself and Mr. Craig) submitted an amendment 
intended to be proposed by him to the bill S. 372, to authorize 
appropriations for fiscal year 2007 for the intelligence and 
intelligence-related activities of the United States Government, the 
Intelligence Community Management Account, and the Central Intelligence 
Agency Retirement and Disability System, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end, insert the following:

     SEC. __. SENSE OF CONGRESS REGARDING PRESIDENTIAL AUTHORITY 
                   TO CONTROL FOREIGN POLICY.

       (a) Findings.--Congress finds the following:
       (1) Article II, section 1 of the Constitution of the United 
     States grants ``executive Power'' to the President of the 
     United States.
       (2) James Madison wrote in Federalist No. 47 that Charles 
     de Montesquieu was ``[t]he oracle who is always consulted and 
     cited'' on

[[Page S4548]]

     issues dealing with separation of powers, and, in ``The 
     Spirit of the Laws'', Montesquieu defined the executive power 
     ``in respect to things dependent on the law of nations'' and 
     as the power by which the ``magistrate . . . makes peace or 
     war, sends or receives embassies, establishes the public 
     security, and provides against invasions''.
       (3) In a speech to Congress in 1789, James Madison noted 
     that the ``association of the Senate with the President in 
     exercising [the appointment] function, is an exception to 
     this general rule [that executive power is vested solely in 
     the President]; and exceptions to general rules . . . are 
     ever to be taken strictly''.
       (4) In 1790, Thomas Jefferson wrote, ``The transaction of 
     business with foreign nations is executive altogether. It 
     belongs, then, to the head of that department, except as to 
     such portions of it as are specially submitted to the Senate. 
     Exceptions are to be construed strictly.''.
       (5) Alexander Hamilton reaffirmed this view in 1793, 
     asserting ``that as the participation of the Senate in the 
     making of treaties, and the power of the legislature to 
     declare war, are exceptions out of the general `executive 
     power' vested in the President, they are to be construed 
     strictly, and ought to be extended no further than is 
     essential to their execution''.
       (6) John Marshall, during his congressional term in 1799, 
     reaffirmed that the President was ``the sole organ of the 
     nation in its external relations'' because ``[h]e possesses 
     the whole Executive Power''.
       (7) In 1936, the Supreme Court, in United States v. 
     Curtiss-Wright Export Corporation, 299 U.S. 304, stated, 
     ``Not only, as we have shown, is the federal power over 
     external affairs in origin and essential character different 
     from that over internal affairs, but participation in the 
     exercise of the power is significantly limited. In this vast 
     external realm, with its important, complicated, delicate and 
     manifold problems, the President alone has the power to speak 
     or listen as a representative of the nation. He makes 
     treaties with the advise and consent of the Senate; but he 
     alone negotiates. Into the field of negotiation the Senate 
     cannot intrude, and Congress itself is powerless to invade 
     it.''.
       (8) Section 953 of title 18, United States Code, originally 
     enacted in 1799 as the Logan Act (1 Stat. 613), states, ``Any 
     citizen of the United States, wherever he may be, who, 
     without authority of the United States, directly or 
     indirectly commences or carries on any correspondence or 
     intercourse with any foreign government or any officer or 
     agent thereof, with intent to influence the measures or 
     conduct of any foreign government or of any officer or agent 
     thereof, in relation to any disputes or controversies with 
     the United States, or to defeat the measures of the United 
     States, shall be fined under this title or imprisoned not 
     more than three years, or both. This section shall not 
     abridge the right of a citizen to apply himself, or his 
     agent, to any foreign government, or the agents thereof, for 
     redress of any injury which he may have sustained from such 
     government or any of its agents or subjects.''.
       (9) In 1952, Senator Arthur Vandenberg asserted that 
     ``politics stop at the water's edge''.
       (10) Intrusions on the executive power of the President by 
     Members of Congress have had negative effects on foreign 
     policy, and, in the past, some Members of Congress have tried 
     to subvert the goals and aims of the executive branch by 
     pursuing foreign policy goals that are contrary to those of 
     the President.
       (11) In 1987 and 1988, Speaker of the House Jim Wright 
     attempted to engage in diplomacy between the Sandinista 
     Government of Nicaragua and the Contra regime against the 
     expressed aims of President Ronald Reagan. Speaker Wright's 
     actions undermined the authority and leveraging power of the 
     President at a crucial time in the Nation's history and also 
     ignored the finding of the Permanent Select Committee on 
     Intelligence of the House of Representatives that the 
     Government of Nicaragua was planning to use military force 
     against coterminous states.
       (12) In 1980, Representative Charlie Wilson began urging 
     the Central Intelligence Agency to arm Afghani mujahideen 
     fighters. The decision to double funding to Afghanistan was 
     unsolicited and was made without the knowledge of the 
     President. The book ``Charlie Wilson's War'', written by 
     George Crile, asserts that Representative Wilson thus 
     violated the Logan Act.
       (13) In 1983, the decision of Congress to attach a 
     stipulation to legislation authorizing the extension of the 
     presence of the Marines in Beirut, which stated that the 
     extension could be withdrawn if fatalities continued, 
     possibly led to the suicide bombing of the Marine barracks on 
     October 23, 1983, causing the deaths of 241 members of the 
     Armed Forces of the United States.
       (14) It is essential that the President alone have the 
     ability to formulate foreign policy and engage in diplomacy.
       (15) The offices of the Speaker of the House of 
     Representatives and the Majority Leader of the Senate are 
     positions of special responsibility, seen as 
     ``authoritative'' by foreign governments, and thus, the 
     Speaker of the House and the Majority Leader of the Senate 
     should be held accountable for actions that may be seen by 
     foreign governments as contrary to the foreign policy goals 
     of the President.
       (16) Recent actions by Speaker of the House Nancy Pelosi, 
     whether intentionally or unintentionally, have undermined the 
     President's foreign policy toward Syria by giving a false 
     impression of the positions of the United States and Israel 
     on negotiations with the Government of Syria.
       (17) It is essential that Members of Congress be viewed as 
     supportive of the President's execution of foreign policy.
       (18) It is harmful and dangerous for the executive power of 
     the President to be subjugated by Congress.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) it is not in the interests of the United States for 
     Members of Congress to intervene in disputes between the 
     United States Government and governments of foreign countries 
     without the authorization of the President; and
       (2) Members of Congress should heed the foreign policies of 
     the President while traveling outside the United States and 
     meeting with foreign governments.
                                 ______
                                 
  SA 881. Mr. WYDEN (for himself, Mr. Bond, and Mr. Rockefeller) 
submitted an amendment intended to be proposed by him to the bill S. 
372, to authorize appropriations for fiscal year 2007 for the 
intelligence and intelligence-related activities of the United States 
Government, the Intelligence Community Management Account, and the 
Central Intelligence Agency Retirement and Disability System, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title IV, insert the following:

     SEC. 426. AVAILABILITY OF THE EXECUTIVE SUMMARY OF THE REPORT 
                   ENTITLED ``CIA ACCOUNTABILITY WITH RESPECT TO 
                   THE 9/11 ATTACKS''.

       (a) Public Availability.--Not later than 30 days after the 
     date of the enactment of this Act, the Director of the 
     Central Intelligence Agency shall make available to the 
     public an unclassified version of the Executive Summary of 
     the report of the Inspector General of the Central 
     Intelligence Agency entitled ``Office of Inspector General 
     Report on Central Intelligence Agency Accountability 
     Regarding Findings and Conclusion of the Report of the Joint 
     Inquiry into Intelligence Community Activities Before and 
     After the Terrorist Attack of September 11, 2001'' issued in 
     June 2005 that redacts any classified material contained in 
     the Executive Summary.
       (b) Report to Congress.--The Director of the Central 
     Intelligence Agency shall submit to Congress a classified 
     annex to the redacted Executive Summary made available under 
     subsection (a) that explains the reason that any redacted 
     material in the Executive Summary was withheld from the 
     public.
                                 ______
                                 
  SA 882. Mr. KYL submitted an amendment intended to be proposed by him 
to the bill S. 372, to authorize appropriations for fiscal year 2007 
for the intelligence and intelligence-related activities of the United 
States Government, the Intelligence Community Management Account, and 
the Central Intelligence Agency Retirement and Disability System, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 43, line 14, strike the period and insert ``, if 
     the Director of National Intelligence determines that 
     publication of such description or determination would not 
     endanger national security.''
                                 ______
                                 
  SA 883. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill S. 372, to authorize appropriations for fiscal year 
2007 for the intelligence and intelligence-related activities of the 
United States Government, the Intelligence Community Management 
Account, and the Central Intelligence Agency Retirement and Disability 
System, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. _. PROHIBITION OF WAR CRIMES PROSECUTION.

       (a) Short Title.--This section may be cited as the 
     ``Prohibition of Foreign War Crimes Prosecutions of Americans 
     Act of 2007''.
       (b) In General.--Chapter 118 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2442. International criminal court

       ``(a) Offense.--Except as provided under subsection (b), it 
     shall be unlawful for any person, acting under the authority 
     of the International Criminal Court, another international 
     organization, or a foreign government, to knowingly indict, 
     apprehend, detain, prosecute, convict, or participate in the 
     imposition or carrying out of any sentence or other penalty 
     on, any American in connection with any proceeding by or 
     before the International Criminal Court, another 
     international organization, or a foreign government in which 
     that American is accused of a war crime.

[[Page S4549]]

       ``(b) Exception.--Subsection (a) shall not apply in 
     connection with a criminal proceeding instituted by the 
     government of a foreign country within the courts of such 
     country with respect to a war crime allegedly committed--
       ``(1) on territory subject to the sovereign jurisdiction of 
     such government; or
       ``(2) against persons who were nationals of such country at 
     the time that the war crime is alleged to have been 
     committed.
       ``(c) Criminal Penalty.--
       ``(1) In general.--Any person who violates subsection (a) 
     shall be fined not more than $5,000,000, imprisoned under 
     paragraph (2), or both.
       ``(2) Prison sentence.--The maximum term of imprisonment 
     for an offense under this section is the greater of--
       ``(A) 5 years; or
       ``(B) the maximum term that could be imposed on the 
     American in the criminal proceeding described in subsection 
     (a) with respect to which the violation took place.
       ``(d) Extraterritorial Jurisdiction.--There is 
     extraterritorial jurisdiction over an offense under this 
     section.
       ``(e) Civil Remedy.--Any person who is aggrieved by a 
     violation described in subsection (a) may, in a civil action, 
     obtain appropriate relief, including--
       ``(1) punitive damages; and
       ``(2) a reasonable attorney's fee as part of the costs.
       ``(f) Definitions.--In this section--
       ``(1) the term `American' means any citizen or national of 
     the United States, or any other person employed by or working 
     under the direction of the United States Government;
       ``(2) the term `indict' includes--
       ``(A) the formal submission of an order or request for the 
     prosecution or arrest of a person; and
       ``(B) the issuance of a warrant or other order for the 
     arrest of a person,

     by an official of the International Criminal Court, another 
     international organization, or a foreign government;
       ``(3) the term `International Criminal Court' means the 
     court established by the Rome Statute of the International 
     Criminal Court adopted by the United Nations Diplomatic 
     Conference of Plenipotentiaries on the Establishment of and 
     International Criminal Court on July 17, 1998; and
       ``(4) the term `war crime' means any offense that is within 
     the jurisdiction of the International Criminal Court at the 
     time the offense is committed.''.
       (c) Clerical Amendment.--The table of sections in chapter 
     118 of title 18, United States Code, is amended by adding at 
     the end the following:

``2442. International criminal court.''.
                                 ______
                                 
  SA 884. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill S. 372, to authorize appropriations for fiscal year 
2007 for the intelligence and intelligence-related activities of the 
United States Government, the Intelligence Community Management 
Account, and the Central Intelligence Agency Retirement and Disability 
System, and for other purposes; which was ordered to lie on the table; 
as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. __. PENALTIES FOR VIOLATIONS OF THE INTERNATIONAL 
                   EMERGENCY ECONOMIC POWERS ACT.

       Section 206 of the International Emergency Economic Powers 
     Act (50 U.S.C. 1705) is amended to read as follows:


                              ``PENALTIES

       ``Sec. 206.  (a) It shall be unlawful for--
       ``(1) a person to violate, or conspire to or attempt to 
     violate, any license, order, regulation, or prohibition 
     issued under this title;
       ``(2) a person subject to the jurisdiction of the United 
     States to take any action to evade or avoid, or attempt to 
     evade or avoid, a license, order, regulation, or prohibition 
     issued under this title; or
       ``(3) a person subject to the jurisdiction of the United 
     States to approve, facilitate, or provide financing for any 
     action, regardless of who initiates or completes the action, 
     if it would be unlawful for such person to initiate or 
     complete the action.
       ``(b) A civil penalty not to exceed $250,000 may be imposed 
     on any person who commits an unlawful act described in 
     subsection (a).
       ``(c) A person who willfully commits, or willfully attempts 
     to commit, an unlawful act described in subsection (a), 
     shall, upon conviction for such unlawful act--
       ``(1) if a corporation, be fined not more than $500,000;
       ``(2) if a natural person, be fined not more than $500,000, 
     or imprisoned not more than 10 years, or both; or
       ``(3) if an officer, director, or agent of a corporation 
     who knowingly participates, or attempts to participate, in 
     such unlawful act, be fined not more than $500,000, or 
     imprisoned not more than 10 years, or both.''.

                          ____________________