[国会记录：2007年4月16日（参议院）] [第S4508-S4549]修订文本______ SA 843洛克菲勒先生（为自己和邦德先生）提出了一项修正法案S. 372，授权拨款为2007财年为美国政府，小区智能化管理账户，以及中央情报局退休和伤残系统的情报和情报有关的活动和其他用途;如下：打击所有颁布子句后，插入如下：部分1.简称;目录。（一）短标题.--这法案可为``情报授权法案为2007财年“”。的内容（B）表.--用于本法内容表如下：二段。1.简称;目录。TITLE我 - 情报活动二段。101.授权拨款。 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.''. ____________________