[Congressional Record Volume 153, Number 61 (Tuesday, April 17, 2007)]
[Senate]
[Pages S4559-S4562]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2007

  The PRESIDENT pro tempore. Under the previous order, the Senate will 
resume consideration of S. 372, which the clerk will report.
  The assistant legislative clerk read as follows:

       A 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.

  Pending:

       Rockefeller/Bond amendment No. 843, in the nature of a 
     substitute.
       Collins amendment No. 847 (to amendment No. 843), to 
     reaffirm the constitutional and statutory protections 
     accorded sealed domestic mail.

  The PRESIDING OFFICER (Mr. Casey). The Senator from West Virginia.
  Mr. ROCKEFELLER. Mr. President, the Republican manager, Senator Bond, 
and I and our staffs have been working together to clear some 
amendments, and we have in fact cleared already 10 amendments. I now 
ask unanimous consent that it be in order for the Senate to consider en 
bloc the following amendments, that they be agreed to en bloc, and that 
the motions to reconsider be laid upon the table en bloc. These were 
agreed to by both sides and have been cleared by all parties. The 
numbers of the amendments are 845, 846, 856, 858, 859, 860, 861, 862, 
863, and 872.
  The PRESIDING OFFICER. Is there objection to the several requests?
  Mr. COBURN. Mr. President, I object.
  The PRESIDING OFFICER. Objection is heard.
  The Senator from Missouri.
  Mr. BOND. Mr. President, it is very important that we move forward 
with this bill. We have given time for our colleagues to debate and 
raise other questions. We would ask that we be able to proceed in a 
reasonable timeframe to take up amendments which have been introduced 
by the chairman and the vice chairman together and reflect bipartisan 
agreement. As vice chairman, I am firmly committed to passage of 
intelligence reauthorization. I would say further it remains my 
intention to reduce the partisanship and politicization of intelligence 
matters.
  Events on the Senate floor yesterday, including direct personal 
attacks on me, indicate this remains a tall order. This bill makes 
getting a bill harder, and it is already hard enough. Given the kitchen 
sink provided in the administration's Statement of Administration 
Policy indicating a possible veto, the chairman and I are trying in 
good faith, as the chairman indicated, to work through 9, 10, or a 
dozen amendments to correct the major objections that the 
administration has.
  The administration must know that as we try to weigh their key 
priorities, they must respect our priorities and our fundamental 
oversight responsibility which I and the Members of this body should 
take seriously, as any Senator will.
  As for yesterday's events, Senator McConnell manages the floor for 
the minority. He did not want to end the debate prematurely and the 
opportunity to offer amendments by the minority, especially with 18 
Members absent from the Senate due to bad weather. I supported him 
because it is the responsibility of our two leaders to manage the floor 
debate and to protect the rights of minorities and absent Senators. 
While the attacks on me were inappropriate and offensive, I will 
continue to work for passage of this intelligence reform measure, which 
is one of the most important bills we can pass in this session. The 
measure is too important to be derailed by personal and political 
attacks.
  My friends on the other side of the aisle want more oversight of 
intelligence. I agree. We got into problems prior to 9/11 because we 
didn't have good oversight. We have found that there are holes that 
need to be plugged in oversight. We need to move forward. But forcing 
an end to the debate with 18 Members absent was not the way to do so. I 
am hoping that we can show progress by adopting amendments and moving 
this bill forward to exercise our oversight to provide the intelligence 
community the direction they need. Our desire is to move forward in the 
regular order, work our way through amendments, work out a time 
agreement, dispose of amendments, and hopefully conclude with a bill 
that most, if not the overwhelming majority, of Members can support so 
we can get to conference and continue the process.
  I will continue to work with the chairman under the difficult 
circumstances that he and I both face. I am not for delay or any 
effort, real or imagined, to kill this bill, but I have honest 
concerns, as others, that there should be an opportunity to address 
through the regular order in a reasonable timeframe. If there are 
unreasonable delays, then we will pursue other options which are 
necessary sometimes to move a bill.
  Because of the difficult division present in recent years over these 
issues, we have been unable to get an authorization bill passed. I find 
that unacceptable, and I am committed to finding a bill, but it can't 
be just any bill. It must be the product of give and take and mutual 
respect and compromise between both parties and both bodies and one the 
administration can sign.
  Mr. ROCKEFELLER. Will the vice chairman yield?
  Mr. BOND. Yes.
  Mr. ROCKEFELLER. Mr. President, the Senator from Oklahoma has 
indicated to me that he will not object to the managers' amendment 
going forward, if he would be allowed to finish what he was talking 
about, which I assume would happen within the next 5 or 8 minutes. If 
that is the case, then we will have made progress.
  Mr. BOND. Mr. President, I didn't mean to cut the Senator off. For 
the movement of this bill, we had hoped to

[[Page S4560]]

be able to clear some amendments so we could show progress, but the 
Senator from Oklahoma is seeking recognition. I am sure he has some 
important things to say. I hope we will finish in time to allow us to 
pass the cleared amendments prior to 12:30. I apologize to the Senator 
from Oklahoma and thank the Chair.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. COBURN. I ask unanimous consent to speak as in morning business 
for the next 10 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                                Earmarks

  Mr. COBURN. Mr. President, it is very important we not leave the 
debate on earmarks. What we saw was an issue about the integrity of 
Congress which Senator DeMint and myself have been championing. There 
are only 4 Members of the Senate who don't offer earmarks, 4 out of 100 
who don't play the game of earmarks. It is important that the American 
people know that if we are going to have earmarks, it ought to be 
clearly identified. We ought to know who is benefiting, who is getting 
the money, who is sponsoring the money, and what the outcome will be. 
It is great that the Appropriations Committee has just stated that they 
are going to voluntarily accede to the rules we passed 98 to 0, except 
there is one small problem with that; the fact is, there is no 
enforcement of the rules available to Senators when they violate that 
very point, which means they may follow that, but if, in fact, they do 
not, we have no course of action with which to raise a point of order 
when they do not.

  I wish to go back to something the esteemed Senator from Illinois 
said, which is, we have gotten what we want. No, we have not. We have 
not gotten it until the American people get the transparency they need 
about how the Congress operates. If you eliminate earmarks in 
appropriations but do not eliminate earmarks in authorizations, what is 
authorized as an earmark will come to the appropriation as not an 
earmark because it is then authorized, so we will play the same game 
but one step further back.
  I am disappointed at the leadership, that they would block what the 
American people so fully want. And the idea we have to conference what 
should be a Senate rule, when the House has already passed a rule--they 
operate under the very same thing Senator DeMint has asked for--all we 
have to do is agree we will, in fact, abide by those rules by accepting 
that as a rule of the Senate. Anything less than that is political 
Washington doublespeak which the American people are tired of.
  There should not be one earmark, one special favor, one indication of 
anything done at any level--authorization or appropriations--the 
American people are not fully aware of as to who has the vetted 
interest and who will be the benefactor and what the motivations might 
be in association with that.
  So the fact the majority objects to incorporating what we obviously, 
supposedly, all agreed to--or was it the fact that people voted for it 
because the people wanted us to and now we will not carry it out? What 
it does, by not adopting this rule, Senator DeMint's rule, is we 
undermine again the integrity of this body.
  The American people deserve transparency. The American people should 
have transparency. The only way we can truly be held accountable by the 
American people is if they can see everything that is going on.
  To deny this rule, to deny the fact we are going to operate in the 
open, to deny the fact we are going to be held accountable is exactly 
what the American people are sick of.
  I remind my colleagues we do not have a higher favorability rating 
than the President at this time, whom we are so quick to impugn, and 
the reason we do not is the very reason we saw in the objection placed 
on this rule, this resolution. To me, it is a sad day in the Senate 
because we are playing games again with the American people. I said, 
after we passed the ethics bill, it will be a long time until we see 
anything. It will be a long time. It has already been a long time. Why 
hasn't it been conferenced? There have been 80 days to conference an 
ethics bill. There has not been the first step. There has not been the 
naming of conferees. There has not been the first step to move forward 
toward that.
  The American people should surmise--and correctly--the Congress still 
wants to work in the shadows, they still do not want to have 
transparency; therefore, they still do not want to be held accountable 
by the American people.
  I thank you for the time and yield back, and I will offer no 
objection to the request of the Senator from West Virginia to accept 
amendments on the Intelligence authorization bill.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. CORNYN. Mr. President, I ask unanimous consent to set aside the 
pending amendment so I may call up amendments Nos. 848, 849, 850, 851, 
852, and 853, en bloc.
  The PRESIDING OFFICER. Is there objection?
  Mr. ROCKEFELLER. Objection.
  The PRESIDING OFFICER. Objection is heard.
  Mr. ROCKEFELLER. Mr. President, as I indicated before, the 
distinguished Republican manager, Senator Bond, and I and our staffs 
have been working together to clear some amendments. We have cleared 
10. I now ask unanimous consent that it be in order for the Senate to 
consider en bloc the following amendments, that they be agreed to en 
bloc, and the motions to reconsider be laid upon the table, en bloc. 
The amendment numbers are 845, 846, 856, 858, 859, 860, 861, 862, 863, 
and 872.
  The PRESIDING OFFICER. Is there objection?
  Mr. CORNYN. I object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. ROCKEFELLER. Would the Senator yield?
  Mr. CORNYN. Mr. President, I believe the Senator from West Virginia 
has the floor. I don't.
  The PRESIDING OFFICER. The Senator from West Virginia is recognized.
  Mr. ROCKEFELLER. The Senator from West Virginia would be interested 
as to why it is the distinguished Senator from Texas objects.
  Mr. CORNYN. Mr. President, let me suggest the absence of a quorum.
  The PRESIDING OFFICER. The Senator from West Virginia has the floor.
  Mr. ROCKEFELLER. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                 Amendment No. 849 to Amendment No. 843

  (Purpose: To amend chapter 113B of title 18, United States Code, to 
  prohibit the recruitment of persons to participate in terrorism, to 
     provide remedies for immigration litigation, and to amend the 
 Immigration and Nationality Act to modify the requirements related to 
   judicial review of visa revocation and to modify the requirements 
      related to detention and removal of aliens ordered removed)

  Mr. CORNYN. Mr. President, I ask unanimous consent to set aside the 
pending amendment and call up Amendment No. 849.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Texas [Mr. Cornyn] proposes an amendment 
     numbered 849 to amendment No. 843.

  (The amendment is printed in the Record of Monday, April 16, 2007, 
under ``Text of Amendments.'')
  Mr. CORNYN. Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from West Virginia is recognized.


Amendments Nos. 846, as modified; 856, 858, 859, 860, as modified; 861, 
as modified; 862, 863, and 872, as modified, en bloc, to amendment No. 
                                  843

  Mr. ROCKEFELLER. Mr. President, I resume my request which I will make 
in full, and that is that the Republican

[[Page S4561]]

manager, Senator Bond, and this Senator from West Virginia and our 
staffs have been working together to clear some amendments. We have 
cleared 10 amendments--9 amendments. I ask unanimous consent that it be 
in order for the Senate to consider en bloc the following amendments, 
that they be agreed to en bloc, and the motions to reconsider be laid 
upon the table en bloc. Those amendment numbers are 846, 856, 858, 859, 
860, 861, 862, 863, and 872.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The amendments were agreed to, as follows:


                     amendment no. 846, as modified

       On page 37, between lines 19 and 20, 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;


                           amendment no. 856

 (Purpose: To strike the requirement for a study on the disclosure of 
                  additional intelligence information)

       Beginning on page 11, strike line 18 and all that follows 
     through page 12, line 20.


                           amendment no. 858

      (Purpose: To improve the notification of Congress regarding 
        intelligence activities of the United States Government)

       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 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.


                           amendment no. 859

 (Purpose: To strike the pilot program on disclosure of records under 
      the Privacy Act relating to certain intelligence activities)

       Strike section 310.


                     amendment no. 860, as modified

       Beginning on page 29, strike line 24 and all that follows 
     through page 31, line 15, 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.


                     amendment no. 861, as modified

       Beginning on page 96, strike line 24 and all that follows 
     through page 97, 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.


                           amendment no. 862

(Purpose: To change the name of the National Space Intelligence Center 
               to the National Space Intelligence Office)

       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).

[[Page S4562]]

       ``(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.


                            amendment no. 86

(Purpose: To modify the requirements related to the Director and Deputy 
              Director of the Central Intelligence Agency)

       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 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.


                     amendment no. 872, as modified

       On page 28, line 19, strike ``legal opinions'' and insert 
     ``legal justifications''.

  Mr. BOND. Mr. President, I move to reconsider the vote.
  Mr. ROCKEFELLER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. ROCKEFELLER. Mr. President, I also ask unanimous consent that it 
be in order for any of the cleared amendments to be modified to comport 
to the substitute.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. BOND. Mr. President, I thank the Chairman. We are moving forward 
now on the bill. As indicated, we have some drafting problems we are 
working out, but we also have high hopes of being able to adopt a 
number of the amendments that have been filed on both sides. Some of 
them may require modification.
  Mr. President, as we get ready to go to our policy lunches, I once 
again ask that Members with amendments come forward and let us know 
what the amendments are. We ask that they be germane, because 
nongermane amendments, even if they are passed, will not survive 
conference. We want to keep the proceedings moving forward, so we ask 
that amendments be germane. We ask Members to work with us so we can 
accept them or offer a compromise to make them acceptable. We want to 
do that. Otherwise, when votes are needed, and I am sure they will be, 
we ask that a reasonable time period be agreed on by both sides, the 
proponent of the amendment and the opponent, so we may get some orderly 
procedure so our colleagues will know how we are moving forward and we 
can show progress.
  I thank the Chair and I yield the floor.

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