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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5020 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                H. R. 5020

_______________________________________________________________________

                                 AN ACT

 
 To authorize appropriations for fiscal year 2007 for intelligence and 
 intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
       Retirement and Disability System, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION. 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 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. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Incorporation of reporting requirements.
 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.
   TITLE III--INTELLIGENCE AND GENERAL INTELLIGENCE COMMUNITY MATTERS

Sec. 301. Increase in employee compensation and benefits authorized by 
                            law.
Sec. 302. Restriction on conduct of intelligence Activities.
Sec. 303. Clarification of definition of Intelligence Community under 
                            the National Security Act of 1947.
Sec. 304. Delegation of authority for travel on common carriers for 
                            intelligence collection personnel.
Sec. 305. Retention and use of amounts paid as debts to Elements of the 
                            Intelligence Community.
Sec. 306. Availability of funds for travel and transportation of 
                            personal effects, household goods, and 
                            automobiles.
Sec. 307. Purchases by elements of the intelligence community of 
                            products of federal prison industries.
Sec. 308. Accountability in Intelligence Contracting.
  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

      Subtitle A--Office of the Director of National Intelligence

Sec. 401. Clarification of delegation of transfer or reprogramming 
                            authority.
Sec. 402. Clarification of limitation on co-location of the Office of 
                            the Director of National Intelligence.
Sec. 403. Additional duties of the Director of Science and Technology 
                            of the Office of the Director of National 
                            Intelligence.
Sec. 404. Appointment and title of Chief Information Officer of the 
                            Intelligence Community.
Sec. 405. Leadership and location of certain offices and officials.
Sec. 406. Eligibility for incentive awards of personnel assigned to the 
                            Office of the Director of National 
                            Intelligence.
Sec. 407. Repeal of certain authorities relating to the Office of the 
                            national counterintelligence Executive.
Sec. 408. Membership of the Director of National Intelligence on the 
                            transportation security oversight Board.
Sec. 409. Temporary inapplicability to the Office of the Director of 
                            National Intelligence of certain financial 
                            reporting requirements.
Sec. 410. Comprehensive inventory of special access programs.
Sec. 411. Sense of Congress on multi-level security clearances.
Sec. 412. Access to information by staff and members of the 
                            congressional intelligence committees.
Sec. 413. Study on revoking pensions of persons who commit unauthorized 
                            disclosures of classified information.
                Subtitle B--Central Intelligence Agency

Sec. 421. Enhanced protection of Central Intelligence Agency 
                            intelligence sources and methods from 
                            unauthorized disclosure.
Sec. 422. Additional exception to foreign language proficiency 
                            requirement for certain senior level 
                            positions in the Central Intelligence 
                            Agency.
Sec. 423. Additional functions and authorities for protective personnel 
                            of the central intelligence agency.
Sec. 424. Protective services for former officials of the intelligence 
                            community.
Sec. 425. Strategic review process.
              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.
                       Subtitle D--Other Elements

Sec. 441. Clarification of inclusion of Coast Guard and Drug 
                            Enforcement Administration elements in the 
                            Intelligence Community.
Sec. 442. Clarifying amendments relating to Section 105 of the 
                            Intelligence Authorization Act for Fiscal 
                            Year 2004.
                         TITLE V--OTHER MATTERS

Sec. 501. Aerial reconnaissance platforms.
Sec. 502. Elimination of certain reporting requirements.
Sec. 503. Technical amendments to the National Security Act of 1947.
Sec. 504. Technical clarification of certain references to joint 
                            military intelligence Program and tactical 
                            intelligence and related Activities.
Sec. 505. Technical amendments to the Intelligence Reform and Terrorism 
                            Prevention Act of 2004.
Sec. 506. Technical amendment to the Central Intelligence Agency Act of 
                            1949.
Sec. 507. Technical amendments relating to the multiyear National 
                            Intelligence Program.
Sec. 508. Technical amendments to the Executive Schedule.
Sec. 509. Technical amendments relating to redesignation of the 
                            National Imagery and Mapping Agency as the 
                            national Geospatial-Intelligence Agency.
Sec. 510. Report on authorization to overthrow democratically elected 
                            governments.
Sec. 511. Report on intelligence relating to insurgent forces in Iraq.
Sec. 512. Sense of Congress regarding unauthorized disclosure of 
                            classified information.
  TITLE VI--COMMUNICATION OF INFORMATION CONCERNING TERRORIST THREATS

Sec. 601. Identification of best practices.
Sec. 602. Centers of best practices.

                    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 
H.R. 5020 of the One Hundred Ninth Congress.
    (b) Availability of Classified Schedule of Authorizations.--The 
Schedule of Authorizations shall be made available to the Committees on 
Appropriations of the Senate and House of Representatives and to the 
President. The President shall provide for suitable distribution of the 
Schedule, or of appropriate portions of the Schedule, within the 
executive branch.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority for Adjustments.--With the approval of the Director 
of the Office of Management and Budget, the Director of National 
Intelligence may authorize employment of civilian personnel in excess 
of the number authorized for fiscal year 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. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Intelligence Community Management Account of the 
Director of National Intelligence for fiscal year 2007 the sum of 
$990,000,000. 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 1,539 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, 2007.
            (2) Authorization of personnel.--In addition to the 
        personnel authorized by subsection (b) for elements of the 
        Intelligence Community Management Account as of September 30, 
        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 as the Director of National 
Intelligence considers necessary.

SEC. 105. 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 
H.R. 5020 of the One Hundred Ninth Congress, or in the classified annex 
to this Act, is hereby incorporated into this Act, and is hereby made a 
requirement in law.
    (b) Congressional Intelligence Committees Defined.--In this 
section, the term ``congressional intelligence committees'' means--
            (1) the Select Committee on Intelligence of the Senate; and
            (2) the Permanent Select Committee on Intelligence of the 
        House of Representatives.

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

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

SEC. 305. 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. 306. 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. 307. PURCHASES BY ELEMENTS OF THE INTELLIGENCE COMMUNITY OF 
              PRODUCTS OF FEDERAL PRISON INDUSTRIES.

    Section 404 of the Intelligence Authorization Act for Fiscal Year 
2004 (Public Law 108-177; 117 Stat. 2632) is amended--
            (1) by striking ``by the Central Intelligence Agency'' and 
        inserting ``by an element of the intelligence community (as 
        defined in section 3(4) of the National Security Act of 1947 
        (50 U.S.C. 401a(4)))''; and
            (2) by striking ``the Director of the Central Intelligence 
        Agency determines that the product or service'' and inserting 
        ``the head of that element determines that the product or 
        service (including a surveying or mapping service)''.

SEC. 308. ACCOUNTABILITY IN INTELLIGENCE CONTRACTING.

    (a) Report on Regulations Governing Intelligence Community 
Contracting.--
            (1) Report requirement.--Not later than 90 days after the 
        date of the enactment of this Act, the Director of National 
        Intelligence shall submit to the Permanent Select Committee on 
        Intelligence of the House of Representatives and the Select 
        Committee on Intelligence of the Senate a report on regulations 
        governing covered contracts under the National Intelligence 
        Program and, at the discretion of the Director of National 
        Intelligence, the Military Intelligence Program.
            (2) Matters covered.--
                    (A) The report required by paragraph (1) shall 
                include a description of any relevant regulations 
                prescribed by the Director of National Intelligence or 
                by the heads of agencies in the intelligence community, 
                including those relating to the following matters:
                            (i) Types of functions or activities that 
                        may be appropriately carried out by 
                        contractors.
                            (ii) Minimum standards regarding the 
                        hiring, training, security clearance, and 
                        assignment of contract personnel.
                            (iii) Procedures for conducting oversight 
                        of covered contracts to ensure identification 
                        and prosecution of criminal violations; 
                        financial waste, fraud, or abuse; or other 
                        abuses committed by contractors or contract 
                        personnel.
                    (B) The report also shall include a description of 
                progress made by the Director of National Intelligence 
                in standardizing the regulations described in 
                subparagraph (A) across the different agencies of the 
                National Intelligence Program to the extent 
                practicable.
            (3) Form of report.--The report required by paragraph (1) 
        shall be in unclassified form, but may contain a classified 
        annex if necessary.
    (b) Accountability Requirements for Contracts Awarded by 
Intelligence Community Agencies.--
            (1) Information on intelligence activities to be 
        performed.--Each covered contract in an amount greater than 
        $1,000,000 shall require the contractor to provide to the 
        contracting officer for the contract, not later than 5 days 
        after award of the contract, the following information 
        regarding intelligence activities performed under the contract:
                    (A) Number of persons to be used to perform such 
                functions.
                    (B) A description of how such persons are trained 
                to carry out tasks specified under the contract 
                relating to such functions.
                    (C) A description of each category of activity 
                relating to such functions required by the contract.
            (2) Updates.--The information provided under paragraph (1) 
        shall be updated during contract performance as necessary.
            (3) Information on costs.--Each covered contract shall 
        include the following requirements:
                    (A) Upon award of the contract, the contractor 
                shall provide to the contracting officer cost estimates 
                of salary, benefits, insurance, materials, logistics, 
                administrative costs, and other costs of carrying out 
                intelligence activities under the contract.
                    (B) Before contract closeout (other than closeout 
                of a firm, fixed price contract), the contractor shall 
                provide to the contracting officer a report on the 
                actual costs of carrying out intelligence activities 
                under the contract, in the same categories as provided 
                under subparagraph (A).
    (c) Accountability Requirements for Contracting Agencies of the 
Intelligence Community.--
            (1) Report requirement.--Not later than 90 days after the 
        date of the enactment of this Act, and annually thereafter, the 
        Director of National Intelligence shall submit to the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives and the Select Committee on Intelligence of the 
        Senate a report containing the information described in 
        paragraph (2) on contracting activities in the intelligence 
        community.
            (2) Matters covered.--The report required by paragraph (1) 
        shall include the following information:
                    (A) A list of contracts awarded for intelligence 
                activities by each agency in the intelligence community 
                during the one-year period preceding the date of 
                submission of the report.
                    (B) A description of the activities to be performed 
                by contractors in fulfillment of each contract on the 
                list under subparagraph (A), including whether such 
                activities are classified or unclassified.
                    (C) The number of personnel carrying out work under 
                each such contract.
                    (D) The estimated cost of performance of the work 
                required by each such contract.
    (d)  Retention of Intelligence Community Professionals.--
            (1) Report requirement.--Not later than 90 days after the 
        date of the enactment of this Act, the Director of National of 
        Intelligence shall submit to the Permanent Select Committee on 
        Intelligence of the House of Representatives and the Select 
        Committee on Intelligence of the Senate a report on hiring, 
        promotion, and retention of intelligence community 
        professionals.
            (2) Matters covered.-- The report required by paragraph (1) 
        shall include the following:
                    (A) Recommendations regarding any bonuses, 
                benefits, or other inducements that would help the 
                intelligence community to hire, promote, and retain its 
                professional workforce in order to compete effectively 
                against the attraction of private sector opportunities.
                    (B) Recommendations regarding any policy changes, 
                including changes to policies governing the awarding of 
                security clearances, that may promote hiring, 
                promotion, and retention of the intelligence community 
                professional workforce.
                    (C) A description of any additional authority 
                needed from Congress to implement the recommendations 
                under subparagraphs (A) and (B).
            (3) Form of report.--The report required by paragraph (1) 
        shall be in unclassified form, but may contain a classified 
        annex if necessary.
    (e) Definitions.--In this section:
            (1) Intelligence community.--The term ``intelligence 
        community'' has the meaning given the term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 401a(4)).
            (2) Covered contract.--The term ``covered contract'' 
        means--
                    (A) a prime contract with any agency or office that 
                is part of the intelligence community;
                    (B) a subcontract at any tier under any prime 
                contract with an office or agency referred to in 
                subparagraph (A); or
                    (C) a task order issued under a task or delivery 
                order contract entered into by an office or agency 
                referred to in subparagraph (A, if the work to be 
                performed under the contract, subcontract, or task 
                order includes intelligence activities to be performed 
                either within or outside the United States.

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

      Subtitle A--Office of the Director of National Intelligence

SEC. 401. CLARIFICATION OF DELEGATION OF TRANSFER OR REPROGRAMMING 
              AUTHORITY.

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

SEC. 402. 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) in the heading, 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. 403. 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.--Such 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 
                (6); and
                    (C) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) assist the Director in establishing goals for the 
        elements of the intelligence community to meet the technology 
        needs of the intelligence community; 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; and
            ``(2) examine options to enhance the responsiveness of 
        research and design programs of elements of the intelligence 
        community to meet the requirements of the intelligence 
        community for timely support.''.
    (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. 404. 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 nomination 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''.

SEC. 405. 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 ``Establishment.--Not later than 18 months 
        after the date of the enactment of the National Security 
        Intelligence Reform Act of 2004, the'' and inserting ``(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. 406. 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.--Such section is further 
amended--
            (1) by striking subsection (c); and
            (2) by redesignating subsection (d) as subsection (c).
    (c) Conforming Amendments.--Such section is further amended--
            (1) in subsection (b), by striking ``to the Central 
        Intelligence Agency or to the Intelligence Community Staff'' 
        and inserting ``to the Office of the Director of National 
        Intelligence or to the Central Intelligence Agency''; and
            (2) in subsection (c), as redesignated by subsection (b)(2) 
        of this section, by striking ``Director of Central 
        Intelligence'' and inserting ``Director of National 
        Intelligence or Director of the Central Intelligence Agency''.
    (d) Technical and Stylistic Amendments.--That section is further 
amended--
            (1) in subsection (b)--
                    (A) by inserting ``Personnel Eligible for Awards.--
                '' after ``(b)'';
                    (B) by striking ``subsection (a) of this section'' 
                and inserting ``subsection (a)''; and
                    (C) by striking ``a date five years before the date 
                of enactment of this section'' and inserting ``December 
                9, 1978''; and
            (2) in subsection (c), as so redesignated, by inserting 
        ``Payment and Acceptance of Awards.--'' after ``(c)''.

SEC. 407. 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)(2), as so redesignated, by striking 
        ``subsection (e)(2)'' and inserting ``subsection (d)(2)''.

SEC. 408. 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. 409. TEMPORARY INAPPLICABILITY TO THE OFFICE OF THE DIRECTOR OF 
              NATIONAL INTELLIGENCE OF CERTAIN FINANCIAL REPORTING 
              REQUIREMENTS.

    The Director of National Intelligence shall not be required to 
submit an audited financial statement under section 3515 of title 31, 
United States Code, for the Office of the Director of National 
Intelligence with respect to fiscal year 2005 or 2006.

SEC. 410. COMPREHENSIVE INVENTORY OF SPECIAL ACCESS PROGRAMS.

    Not later than January 15, 2007, the Director of National 
Intelligence shall submit to the congressional intelligence committees 
(as defined in section 3(7) of the National Security Act of 1947 (50 
U.S.C. 401a(7))) a classified report providing a comprehensive 
inventory of all special access programs under the National 
Intelligence Program (as defined in section 3(6) of the National 
Security Act of 1947 (50 U.S.C. 401a(6))).

SEC. 411. SENSE OF CONGRESS ON MULTI-LEVEL SECURITY CLEARANCES.

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

SEC. 412. ACCESS TO INFORMATION BY STAFF AND MEMBERS OF THE 
              CONGRESSIONAL INTELLIGENCE COMMITTEES.

    Not later than 180 days after the date of the enactment of this 
Act, the Director of National Intelligence shall provide to the members 
and staff of the Permanent Select Committee on Intelligence of the 
House of Representatives and the Select Committee on Intelligence of 
the Senate accounts for and access to the Intelink System (or any 
successor system) through the Joint Worldwide Intelligence 
Communications System (or any successor system). Such access shall 
include access up to and including the level of sensitive compartmented 
information and shall be provided in the sensitive compartmented 
information facilities of each Committee.

SEC. 413. STUDY ON REVOKING PENSIONS OF PERSONS WHO COMMIT UNAUTHORIZED 
              DISCLOSURES OF CLASSIFIED INFORMATION.

    (a) Study.--The Director of National Intelligence shall conduct a 
study on the feasibility of revoking the pensions of personnel in the 
intelligence community (as defined in section 3(4) of the National 
Security Act of 1947 (50 U.S.C. 401a(4))) who commit unauthorized 
disclosures of classified information, including whether revoking such 
pensions is feasible under existing law or under the administrative 
authority of the Director of National Intelligence or any other head of 
an element of the intelligence community.
    (b) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Director of National Intelligence shall submit to the 
Permanent Select Committee on Intelligence of the House of 
Representatives and the Select Committee on Intelligence of the Senate 
a report containing the results of the study conducted under subsection 
(a).

                Subtitle B--Central Intelligence Agency

SEC. 421. 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 (d) of section 104A of the 
National Security Act of 1947 (50 U.S.C. 403-4a) is 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) 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(d)(4) of the National Security Act of 1947 (50 U.S.C. 403-
1(i), 403-4a(d)(4))''.
    (c) 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 heading, by striking ``of DCI'';
            (2) by striking ``section 102A(i)'' and inserting 
        ``sections 102A(i) and 104A(d)(4)'';
            (3) by striking ``of National Intelligence''; and
            (4) by inserting ``of the Central Intelligence Agency'' 
        after ``methods''.

SEC. 422. ADDITIONAL EXCEPTION TO FOREIGN LANGUAGE PROFICIENCY 
              REQUIREMENT FOR CERTAIN SENIOR LEVEL POSITIONS IN THE 
              CENTRAL INTELLIGENCE AGENCY.

    (a) Additional Exception.--Subsection (g) of section 104A of the 
National Security Act of 1947 (50 U.S.C. 403-4a) is amended--
            (1) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (3)'';
            (2) in paragraph (2), by striking ``position or category of 
        positions'' each place it appears and inserting ``individual, 
        individuals, position, or category of positions''; and
            (3) by adding at the end the following new paragraph:
    ``(3) Paragraph (1) shall not apply to any individual in the 
Directorate of Intelligence or the Directorate of Operations of the 
Central Intelligence Agency who is serving in a Senior Intelligence 
Service position as of December 23, 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) in the first sentence, by inserting ``individuals or'' 
        before ``positions''; and
            (2) in the second sentence, by striking ``position or 
        category of positions'' and inserting ``individual, 
        individuals, position, or category of positions''.

SEC. 423. ADDITIONAL FUNCTIONS AND AUTHORITIES FOR PROTECTIVE PERSONNEL 
              OF THE CENTRAL INTELLIGENCE AGENCY.

    (a) Protection of Certain Persons.--Section 5(a)(4) of the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 403f(a)(4)) is amended--
            (1) by striking ``and the protection'' and inserting ``the 
        protection''; and
            (2) 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;''.
    (b) Authority to Arrest.--
            (1) Chapter 203 of title 18, United States Code, is amended 
        by adding at the end the following:
``Sec. 3065. Powers of authorized personnel in the Central Intelligence 
              Agency
    ``(a) The Director of the Central Intelligence Agency may issue 
regulations to allow personnel designated to carry out protective 
functions for the Central Intelligence Agency under section 5(a)(4) of 
the Central Intelligence Agency Act of 1949 (50 U.S.C. 403f) to, while 
engaged in such protective functions, make arrests without a 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 probable cause to believe that 
the person to be arrested has committed or is committing that felony 
offense.
    ``(b) The powers granted under subsection (a) may be exercised only 
in accordance with guidelines approved by the Attorney General.''.
            (2) The table of sections at the beginning of chapter 203 
        of title 18, United States Code, is amended by adding at the 
        end the following:

``3065. Powers of authorized personnel in the Central Intelligence 
                            Agency.''.

SEC. 424. PROTECTIVE SERVICES FOR FORMER OFFICIALS OF THE INTELLIGENCE 
              COMMUNITY.

    (a) In General.--Title III of the National Security Act of 1947 (50 
U.S.C. 409a et seq.) is amended by inserting after section 303 the 
following new section:

    ``protective services for former officials of the intelligence 
                               community

    ``Sec. 304. (a) In General.--Subject to subsection (b), the head of 
an element of the intelligence community may not provide personnel for 
the protection of a former official of an element of the intelligence 
community unless--
    ``(1) there is a specific and credible threat to such former 
official arising from the service of such former official to the United 
States; and
    ``(2) such head of an element of the intelligence community submits 
to the Director of National Intelligence notice of the intention to 
provide such personnel and an assessment of--
            ``(A) the threat to such former official; and
            ``(B) the level of protective services necessary to protect 
        such former official based on such threat.
    ``(b) Exception for Recent Termination of Employment.--The head of 
an element of the intelligence community may provide personnel for the 
protection of a former official of an element of the intelligence 
community without a specific and credible threat to such former 
official for not more than one year after the termination of the 
employment of such former official if such former official requests 
such protection.
    ``(c) Threat Assessment Updates.--Not later than 180 days after the 
date on which the head of an element of the intelligence community 
begins providing personnel for the protection of a former official of 
an element of the intelligence community, and at least every 180 days 
thereafter until such head of an element of the intelligence community 
determines that there is no longer a threat to such former official, 
such head of an element of the intelligence community shall submit to 
the Director of National Intelligence an updated assessment of the 
threat to such former official and the level of protective services 
necessary to protect such former official based on such threat.
    ``(d) Termination of Protective Services.--If the head of an 
element of the intelligence community that is providing personnel for 
the protection of a former official of an element of the intelligence 
community pursuant to subsection (a) determines that there is no longer 
a threat to such former official, such head of an element of the 
intelligence community shall cease providing personnel for the 
protection of such former official not later than 30 days after 
determining such threat no longer exists.
    ``(e) Report.--Not later than 7 days after the date on which the 
head of an element of the intelligence community begins providing 
personnel for the protection of a former official of an element of the 
intelligence community, the Director of National Intelligence shall 
submit to the congressional intelligence committees notice of the 
provision of personnel for the protection of such former official.''.
    (b) Table of Contents.--The table of contents of such Act is 
amended by--
            (1) striking the second item relating to section 301;
            (2) striking the second item relating to section 302;
            (3) striking the items relating to sections 304, 305, and 
        306; and
            (4) inserting after the item relating to section 303 the 
        following new item:

``Sec. 304. Protective services for former officials of the 
                            intelligence community.''.

SEC. 425. STRATEGIC REVIEW PROCESS.

    Section 102A(f) of the National Security Act of 1947 (50 U.S.C. 
403-1(f)) is amended by adding at the end the following new paragraph:
    ``(9) Not later than September 30, 2007, and every four years 
thereafter, the Director of National Intelligence shall, in 
consultation with the heads of the elements of the intelligence 
community, manage and oversee the conduct of a strategic review of the 
intelligence community to develop intelligence capabilities required to 
address threats to national security. Such review shall analyze near-
term, mid-term, and future threats to national security and shall 
include estimates of the allocation of resources and structural change 
that should be reflected in future budget requests.''.

              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.

    (a) Protection of Certain Persons.--The National Security Agency 
Act of 1959 (50 U.S.C. 402 note) is amended by adding at the end the 
following new section:
    ``Sec. 20. (a) The Director is authorized to designate personnel of 
the Agency to perform protective functions for the Director and for any 
personnel of the Agency designated by the Director.
    ``(b) 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.''.
    (b) Authority to Arrest.--
            (1) Chapter 203 of title 18, United States Code, as amended 
        by section 423 of this Act, is amended by adding at the end the 
        following:
``Sec. 3066. Powers of authorized personnel in the National Security 
              Agency
    ``(a) The Director of the National Security Agency may issue 
regulations to allow personnel designated to carry out protective 
functions for the Agency to--
            ``(1) carry firearms; and
            ``(2) 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 probable cause to believe that 
        the person to be arrested has committed or is committing that 
        felony offense.
    ``(b) The powers granted under subsection (a) may be exercised only 
in accordance with guidelines approved by the Attorney General.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 203 of title 18, United States Code, as 
        amended by section 423 of this Act, is amended by adding at the 
        end the following:

``3066. Powers of authorized personnel in the National Security 
                            Agency.''.

                       Subtitle D--Other Elements

SEC. 441. CLARIFICATION OF INCLUSION OF COAST GUARD AND DRUG 
              ENFORCEMENT ADMINISTRATION ELEMENTS IN THE INTELLIGENCE 
              COMMUNITY.

    Section 3(4) of the National Security Act of 1947 (50 U.S.C. 
401a(4)) is amended--
            (1) in subparagraph (H), by inserting ``the Coast Guard'' 
        after ``the Marine Corps'';
            (2) in subparagraph (K), by striking ``, including the 
        Office of Intelligence of the Coast Guard'';
            (3) by redesignating subparagraph (L) as subparagraph (M); 
        and
            (4) by inserting after subparagraph (K) the following new 
        subparagraph:
                    ``(L) The Office of National Security Intelligence 
                of the Drug Enforcement Administration.''.

SEC. 442. 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. AERIAL RECONNAISSANCE PLATFORMS.

    (a) Limitation on Termination of U-2 Aircraft Program.--The 
Secretary of Defense may not begin the process to terminate the U-2 
aircraft program until the Secretary certifies in accordance with 
subsection (b) that there would be no loss of national or Department of 
Defense intelligence, surveillance, and reconnaissance (ISR) 
capabilities in transitioning from the U-2 aircraft program to the 
Global Hawk RQ-4 unmanned aerial vehicle platform.
    (b) Report and Certification.--
            (1) Study.--The Secretary of Defense shall conduct a study 
        of aerial reconnaissance platforms to determine whether the 
        Global Hawk RQ-4 unmanned aerial vehicle has reached mission 
        capability and has attained collection capabilities on a par 
        with the collection capabilities of the U-2 Block 20 aircraft 
        program as of April 1, 2006.
            (2) Report.--The Secretary shall submit to the 
        congressional committees specified in subsection (c) a report 
        containing the results of the study. The Secretary shall 
        include in the report the Secretary's determination as to 
        whether the Global Hawk RQ-4 unmanned aerial vehicle--
                    (A) has reached mission capability; and
                    (B) has attained collection capabilities on a par 
                with the collection capabilities of the U-2 Block 20 
                aircraft program as of April 1, 2006.
            (3) Certification.--The Secretary shall include with the 
        report the Secretary's certification, based on the results of 
        the study, as to whether or not there would be a loss of 
        national or Department of Defense intelligence, surveillance, 
        and reconnaissance capabilities with a transition from the U-2 
        aircraft program to the Global Hawk RQ-4 unmanned aerial 
        vehicle platform.
    (c) Specified Committees.--The congressional committees specified 
in this subsection are the following:
            (1) The Committee on Armed Services and the Select 
        Committee on Intelligence of the Senate.
            (2) The Committee on Armed Services and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives.

SEC. 502. ELIMINATION OF CERTAIN REPORTING REQUIREMENTS.

    (a) Intelligence Sharing With UN.--Section 112 of the National 
Security Act of 1947 (50 U.S.C. 404g) is amended by striking subsection 
(b).
    (b) Improvement of Financial Statements for Auditing Purposes.--The 
National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended--
            (1) by striking section 114A; and
            (2) in the table of contents in the first section, by 
        striking the item relating to section 114A.
    (c) Financial Intelligence on Terrorist Assets.--The National 
Security Act of 1947 (50 U.S.C. 401 et seq.) is amended--
            (1) by striking section 118; and
            (2) in the table of contents in the first section, by 
        striking the item relating to section 118.
    (d) Counterdrug Intelligence.--The Intelligence Authorization Act 
for Fiscal Year 2003 (Public Law 107-306) is amended--
            (1) by striking section 826; and
            (2) in the table of contents in section 1(b), by striking 
        the item relating to section 826.

SEC. 503. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF 1947.

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

SEC. 504. 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. 505. TECHNICAL AMENDMENTS TO THE INTELLIGENCE REFORM AND TERRORISM 
              PREVENTION ACT OF 2004.

    (a) Amendments to National Security Intelligence Reform Act of 
2004.--The National Security Intelligence Reform Act of 2004 (title I 
of Public Law 108-458) is amended as follows:
            (1) In section 1016(e)(10)(B) (6 U.S.C. 458(e)(10)(B)), by 
        striking ``Attorney General'' the second place it appears and 
        inserting ``Department of Justice''.
            (2) In section 1061 (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. 506. 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 (c), (d), (e), and (f) of section 104A of the National 
Security Act of 1947 (50 U.S.C. 403-4a)''.

SEC. 507. 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 heading, 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. 508. 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 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. 509. 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 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''.

SEC. 510. REPORT ON AUTHORIZATION TO OVERTHROW DEMOCRATICALLY ELECTED 
              GOVERNMENTS.

    Not later than 120 days after the date of the enactment of this 
Act, the President shall submit to the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select Committee 
on Intelligence of the Senate a report describing any authorization 
granted during the 10-year period ending on the date of the enactment 
of this Act to engage in intelligence activities related to the 
overthrow of a democratically elected government.

SEC. 511. REPORT ON INTELLIGENCE RELATING TO INSURGENT FORCES IN IRAQ.

    Not later than 90 days after the date of the enactment of this Act, 
and every 90 days thereafter, the Director of National Intelligence 
shall submit to Congress a report, in classified form, on intelligence 
relating to the disposition of insurgent forces in Iraq fighting 
against Coalition forces and the forces of the Government of Iraq, 
including--
            (1) an estimate of the number of insurgent forces;
            (2) an estimate of the number of insurgent forces that 
        are--
                    (A) former members of the Ba'ath Party; and
                    (B) members of al Qaeda or other terrorist 
                organizations;
            (3) a description of where in Iraq the insurgent forces are 
        located;
            (4) a description of the capability of the insurgent 
        forces; and
            (5) a description of how the insurgent forces are funded.

SEC. 512. SENSE OF CONGRESS REGARDING UNAUTHORIZED DISCLOSURE OF 
              CLASSIFIED INFORMATION.

    (a) Findings.--Congress finds the following:
            (1) The Supreme Court has unequivocally recognized that the 
        Constitution vests the President with the authority to protect 
        national security information as head of the Executive Branch 
        and as Commander-in-Chief.
            (2) The Supreme Court has recognized a compelling 
        government interest in withholding national security 
        information from unauthorized persons.
            (3) The Supreme Court has recognized that secrecy 
        agreements for government employees are a reasonable means for 
        protecting this vital interest.
            (4) The Supreme Court has noted that ``It should be obvious 
        that no one has a `right' to a security clearance''.
            (5) Unauthorized disclosures of classified information 
        relating to national security are most damaging when they have 
        the potential to compromise intelligence sources and methods 
        and ongoing intelligence operations.
            (6) Potential unauthorized disclosures of classified 
        information have impeded relationships with foreign 
        intelligence services and the effectiveness of the Global War 
        on Terrorism.
            (7) Media corporations and journalists have improperly 
        profited financially from publishing purported unauthorized 
        disclosures of classified information.
    (b) Sense of Congress.--It is the sense of Congress that the 
President should utilize the constitutional authority of the President 
to the fullest practicable extent, where warranted, to classify and 
protect national security information relating to intelligence 
activities and information and to take effective action against persons 
who commit unauthorized disclosures of classified information relating 
to intelligence activities and information contrary to law and 
voluntary secrecy agreements.

  TITLE VI--COMMUNICATION OF INFORMATION CONCERNING TERRORIST THREATS

SEC. 601. IDENTIFICATION OF BEST PRACTICES.

    (a) Study.--The Secretary of Homeland Security and the Director of 
National Intelligence shall conduct jointly, or contract with an entity 
to conduct, a study of the operations of Federal, State, and local 
government entities to identify best practices for the communication of 
information concerning a terrorist threat.
    (b) Contents.--
            (1) Identification of best practices.--The study conducted 
        under this section shall be focused on an analysis and 
        identification of the best practices of the information sharing 
        processes of the following government entities:
                    (A) Joint Terrorism Task Forces, which are operated 
                by the Federal Bureau of Investigations with the 
                participation of local law enforcement agencies.
                    (B) State Homeland Security Fusion Centers, which 
                are established by a State and share information with 
                Federal departments.
                    (C) The Homeland Security Operations Center, which 
                is operated by the Department of Homeland Security for 
                the purposes of coordinating information.
                    (D) State and local law enforcement agencies that 
                collect, utilize, and disseminate information on 
                potential terrorist attacks.
                    (E) The appropriate elements of the intelligence 
                community, as defined in section 3 of the National 
                Security Act of 1947 (50 U.S.C. 401a), involved in the 
                sharing of counter-terrorism information.
            (2) Coordination of government entities.--The study 
        conducted under this section shall include an examination of 
        methods for coordinating the activities of Federal, State, and 
        local entities in responding to a terrorist threat, and 
        specifically the communication to the general public of 
        information concerning the threat. The study shall not include 
        an examination of the sources and methods used in the 
        collection of the information.
    (c) Obtaining Official Data.--In conducting the study, the 
Secretary, in conjunction with the Director, with due regard for the 
protection of classified information, may secure directly from any 
department or agency of the United States information necessary to 
enable the Secretary to carry out this section. Classified information 
shall be handled through established methods for controlling such 
information.
    (d) Temporary Duty of Federal Personnel.--The Secretary, in 
conjunction with the Director, may request the head of any department 
or agency of the United States to detail to temporary duty personnel 
within the administrative jurisdiction of the head of the department or 
agency that the Secretary may need to carry out this section, each 
detail to be without loss of seniority, pay, or other employee status.
    (e) Report.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Secretary, in conjunction with the 
        Director, shall submit to Congress a report that contains--
                    (A) a detailed statement of the findings and 
                conclusions of the study, including identification of 
                the best practices for the processing, analysis, and 
                dissemination of information between the government 
                entities referred to in subsection (b)(1); and
                    (B) recommendations for a formalized process of 
                consultation, communication, and confidentiality 
                between Federal, State, and local governments, 
                incorporating the best practices of the various 
                entities studied, to facilitate communication and help 
                prevent the unauthorized dissemination of information 
                and criticism of decisions concerning terrorist 
                threats.
            (2) Classified information.--To the extent determined 
        appropriate by the Secretary, in conjunction with the Director, 
        the Secretary may submit a portion of the report in classified 
        form.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for fiscal year 2007.

SEC. 602. CENTERS OF BEST PRACTICES.

    (a) In General.--The Secretary of Homeland Security, in 
consultation with the Director of National Intelligence, shall make 
grants for the establishment and operation of 3 centers to implement 
the best practices, identified by the study conducted under section 
601, for the processing, analysis, and dissemination of information 
concerning a terrorist threat (in this section, each referred to as a 
``Center'').
    (b) Location of Centers.--In carrying out subsection (a), the 
Secretary, in consultation with the Director, shall make grants to--
            (1) the State of New York for the establishment of a Center 
        to be located in New York City;
            (2) the State of Michigan for the establishment of a Center 
        to be located in Detroit; and
            (3) the State of California for the establishment of a 
        Center to be located in Los Angeles.
    (c) Purpose of Centers.--Each Center shall--
            (1) implement the best practices, identified by the study 
        conducted under section 601, for information sharing concerning 
        a terrorist threat;
            (2) coordinate the communication of these best practices 
        with other metropolitan areas;
            (3) coordinate with the Secretary and the Director to 
        develop a training curriculum to implement these best 
        practices;
            (4) provide funding and technical assistance to other 
        metropolitan areas to assist the metropolitan areas in the 
        implementation of the curriculum developed under paragraph (3); 
        and
            (5) coordinate with the Secretary and the Director to 
        establish a method to advertise and disseminate these best 
        practices.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated for making grants under this section--
            (1) $10,000,000 for fiscal year 2007 for the establishment 
        of the Centers; and
            (2) $3,000,000 for each of fiscal years 2008 through 2012 
        for the operation of the Centers.
    (e) Report to Congress.--Not later than March 31, 2010, the 
Secretary, in consultation with the Director, shall submit to Congress 
a report evaluating the operations of the Centers and making 
recommendations for future funding.

            Passed the House of Representatives April 26, 2006.

            Attest:

                                                                 Clerk.
109th CONGRESS

  2d Session

                               H. R. 5020

_______________________________________________________________________

                                 AN ACT

 To authorize appropriations for fiscal year 2007 for intelligence and 
 intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
       Retirement and Disability System, and for other purposes.
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